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HomeMy WebLinkAbout037 90 \ D ,~ ?~~ILi U ~':í:P:;)' 7( 4~3i1ù Ç2t~~;~;\~j~:' . "F' ¡, - f ,ff., , I¡;"~;,,, ;-., 1, . f' . 'J ~,' ...;:t-'4¡- ./,~ t 1:.,.h., ~~. . , ,r~1 ( < ,,:Jftili~ :; :' I~ \~~~ ~ ;~.~.!11. ~ rf' ~ '~' .1 ·n..~:. ,(. ,: _ ' 1]. ' l.., ~ ;.1~ " .t . ~'!ii1t " t~, , ''''7,,'!k 'S~~..._ "J -- ¡¡¡;:~i~ Y" j~j~-'::.~~~~ -- .. -"~~~.." J:Jj;..¥w_,';"""""~. _ ~-:~ ..-~ ....~~ __ ----=. Jefferson County Board of County Commissioners P.O. Box 1220 Port Townsend, Washington 98368 . Phone (206) 385·9100 LARRY W, DENNISON, DISTRICT 1 B.G, BROWN, DISTRICT 2 GEORGE C. BROWN, DISTRICT 3 JEFFERSON COUNTY COURTHOUSE NATIONAL HISTORiC SITE PORT TOWNSEND, WASHINGTON IN THE MATTER OF ) INTERIM (April 9, 1990) Jefferson County ) Timber Conversion) Policy ) RESOLUTION NO. 37-90 WHEREAS, the forest products industry is a major component of the local economy; and WHEREAS, the continual supply of timber resources is essential to maintain this sector of the local economy; and WHEREAS, the population of Jefferson County continues to grow and the conversion of land from forest uses to non-forest uses is necessary to accommodate this population; and WHEREAS, the Washington State Legislature has delegated, pursuant to the Forest Practices Act (RCW 76.09), land-use responsibility to reforest harvested areas, unless said harvest was identified to be for a conversion to a non-forest use; and WHEREAS, typically land cut with the intent to reforest lS clear-cut; and WHEREAS, clear-cut land than partial cut land due environment factors; and has less va]ue for non-forest uses to aesthetic and other quality of WHEREAS, the reforestation of clear-cut properties or the partial cut of properties to be converted has many beneficial effects including reduced soil erosion, promotion of beneficial plant species, maintenance of wildlife habitat, preservation of future resource management opportunities, and enhanced aesthetic value; ~ yot 16 'If = (10 r,·,· U~' 230 o 100% Recycled Paper NOW THEREFORE BE IT RESOLVED the following policy and administrative procedures (Attachment A) will be utilized by Jefferson County in review of Class IV Forest Practice Permi ts forthe conversion of land to non-forest uses, and to enforce thereforestation requirements of the Forest Practices Act (Chapter 76,09 RCW) for properties which were cut without the express intent to be converted, Class I, II, and III Forest Practices. /) ADOPTED THIS ",<It.J!) DAY OF ~'RJ' /, "tb I , 1990, ? '/ /'(:/ ¿" George C. , ~ . . Member ATTEST: ~ B, G. Brown, Member / ',/i}L 16 r,IJ\. on 2itJln . ': '.. ..,.., ATTACHMENT A INTERIM TIMBER CONVERSION POLICY AND ADMINISTRATIVE PROCEDURES JEFFERSON COUNTY RESOLUTION NO. 37-90 I. INTERIM TIMBER CONVERSION POLICY Jefferson County wishes to conserve viable forest lands to insure a continual supply of forest resources in order to: (1) protect the forest products and resource production sector of the local economy; (2) protect and maintain wildlife habitats; (3) maintain the aesthetic value of real property; (4) preserve use options for future landowners; and, (5) maintain the character of Jefferson County. At the same the, the population of the community is growing and Jefferson County recognizes that certain lands, because of their location, should and will be converted form forest to non-forest uses to accommodate this growth, In order that the harvesting of forest products may proceed in a timely fashion, that lands harvested are reforested, and that the off- site impacts of lands to be converted are addressed prior to harvest, the following administrative procedures will apply to Jefferson County's review and approval of forest practice permits. II. CLASS I, II, AND III FOREST PRACTICES Reforestation Requirements: Class I, II, and III Forest Practices require reforestation of harvested lands where more than 50% of the timber is removed by selective harvest or where the type of harvest is clear cut. The Forest Practices Act (RCW 76.09,060) provides that lands harvested under a Class I, II, or III permit may be subject to a six year moratorium imposed by local government for the issuance of any permit, in the event the land is converted to a non-forestry use. Policy: Lands harvested and not reforested under a Class I, II, or III permit and which are being converted to non-forest uses shall have all local permits withheld for a period of six years. This moratorium shall run with the land and be duly noted in the public record. For the purpose of implementing this policy, the conversion of land to non-forest uses shall mean the subdivision of land or the preparation of land for subdivision or construction. Should a land owner wish to remove the moratorium or convert the land to non-forest uses, the land owner shall: Revised 4/9/90 ".',' -.,- r: Id ......, . ! ':" , on 23~ , .,. ¡¡:..., Page -2- Jefferson County Timber Conversion Policy 1. Reforest the land as prescribed by the Department of Natural Resources. Said reforestation shall be by planting and not by natural regeneration, unless the Department verifies that natural regeneration has already occurred to such an extent that planting is not necessary; and 2, Submits and has approved a Conversion Harvest Plan as is provided for in Class IV Conversions. The approval of said plan may include conditions and improvement requirements to control erosion, protect or enhance environmentally sensitive areas, provide visual screening, or other conditions which are intended to reduce impacts to the environment or the area where the land is located. The removal of any such moratorium shall only be lifted when the requirements and objectives of the Timber Conversation Policy are met. III. CLASS IV FOREST PRACTICES Applicability: The provisions of this section shall apply to all Class IV FOrest Practices for conversion to non-forest uses, except where said conversion occurs as a result of review and approval of a subdivision; the issuance of a certificate of compliance of multi- family, commercial or industrial development; or for the creation of pasture lands, crop lands, or similar agricultural uses. Conversion to Non-Forestry Uses: The conversion of land to non- forestry uses shall mean the subdivision of property or the preparation of property for subdivisional purposes, or any activity or preparation for any activity which would be incompatible with forest management, included but not limited to residential, commercial, or industrial activities, Conversion Harvest Plan: In addition to the forest practices application, the applicant shall prepare and submit to Jefferson County a Conversion harvest Plan for review and approval, Said plan shall consist of a questionnaire and a site plan, as provided for by Jefferson County (see appendix), The purpose of the Conversion Harvest Plan is to address specific environmental and land use questions; and may not necessarily require extensive environmental review as provided for by the State Environmental Policy Act (SEPA). Retention and Reforestation: The harvesting of lands in preparation for conversion can result in excessive run off and soil erosion, impacts to wetlands, or similar environmentally sensitive areas, elimination of critical wildlife habitats and result in sites that are aesthetically unpleasant thereby affecting the real property value of the property being converted. Revised 4/9/90 vot t6rM,:: OC' 233 Page -3- Jefferson County Timber Conversion Policy In order to mitigate these impacts, the Conversion Harvest Plan shall provide for the retention of merchantable tree species (merchantable shall mean any tree species with a diameter of eight (8) inches or greater at chest (5 feet) height) as follows: 1. A fifty (50) foot minimum buffer along all public and private road rights-of-way. This buffer may be selectively harvested, but shall be of sufficient quality and quantity to reduce blow down; 2. A fifty (50) foot minimum buffer around all wetland boundaries including lakes and streams. This buffer may be selectively harvested, but shall be of sufficient quality and quantity to reduce blow down; 3. Selective harvest only on slopes in excess of 15 percent. Slopes in excess of 15 percent shall only be selectively harvested. Remaining tree stands shall be of sufficient quality and quantity to reduce blow down; 4. Retention of tree species so the interior of the property harvested does not give the appearance of a clear cut. -OR- If, in the op~n~on of the Department of Natural Resources, this retention is impractical or will result in excessive blow down or not achieve the purposes stated for this retention, then the parcel can be 100 percent clear cut, PROVIDED, the parcel is replanted as prescribed in the rules for reforestation. Effect of Conversion Harvest Plan Approval: Approval of a Conversion harvest Plan consistent with the above referenced criteria may preclude the necessity of formal environmental review pursuant to the provisions of the Washington State Environmental Policy Act (RCW 43.21C). In the event the provisions of an approved harvest plan are not carried out, the property is subject to a six year moratorium on the issuance of any development permit. (RCW 76.09.060) IV. ADMINISTRATION Class I, II, or III Permits: The Department of Natural Resources shall notify Jefferson County of all timber harvest operations where replanting has not occurred within three years or where in their judgment conversion is or is anticipated to take place. Jefferson County shall notify the land owner of this policy and shall impose the moratorium. The land owner may appeal the imposition of the moratorium within thirty (30) days from the date of written notification to the Jefferson County Board of Commissioners. The land owner shall '-J î.+ 16 pre 00, 2a~:t Page -4- Jefferson County Timber Conversion Policy carry the burden of proof to prove that the moratorium was imposed improperly and that the land is not undergoing conversion and that reforestation has taken place, Class IV Permits: The Department of Natural Resources shall provide applicants for Class IV Conversions the Conversion harvest Plan questionnaire and site plan form. Jefferson County will not consider the Forest Practices Application complete unless accompanied by the Conversion Harvest Plan. Applications for a Class IV Forest Practice which are based on the approval of a subdivision or the issuance of a certificate of compliance shall include a copy of the approval with the application. Prior subdivision or project approval negates the requirement for a conversion harvest plan, Classified or Designated Timber Taxation Program: Lands removed from the classified or designated timber taxation program shall be notified of this policy. Revised 4/9/90 , vot 16 f~r,~ 0[1 2"11;'" , ..,,~ / I .' APPENDIX CONVERSION HARVEST PLAN Applications for the conversion of land to non-forest uses, Class IV Forest Practices, in Jefferson County shall include a Conversion Harvest Plan. A Conversion Harvest Plan shall consist of a site plan and Conversion Harvest Plan questionnaire. In lieu of a Conversion Harvest Plan, the application for a Class IV Forest Practice shall be accompanied by an Environmental Checklist. Conversion Harvest Site Plan The site plan shall include the following elements as may be appropriate: 1. Approximate location of temporary and permanent road access points; 2. Property boundaries and adjacent land uses; 3. Public and private roads adjacent to property; 4. Marshes, bogs, ponds, swamps, and similar wetlands; 5. Areas subject to flooding; 6. Slopes in excess of 15 percent; 7. Unstable soils or landslide areas; 8. Steams, creeks, and major drainages; 9. Proposed buffers and/or leave areas. .. VOL 16 f~r,~ on .236 CONVERSION HARVEST PLAN QUESTIONNAIRE Property Owner Name: Address: Telephone: Applicant Name (If Different From Owner): Address: Telephone: Location of Property: Section Township North Range WM Is the conversion to be incorporated into an existing development? Yes No If yes, give name: Proposed conversion: Residential: Commercial: Other (Please identify): Industrial: Describe the post harvest use of the property: Harvest technique and appearance: Clearcut 100% Clearcut _%, Selective Cut _% Selective Cut _% Partial Cut, Clear Cut Some Areas, Leaving Others Other (please specify): Will buffers and/or leave areas be maintained? If yes, where? Along property boundaries Adjacent to roadways Adjacent to wetlands Sporadically throughout the site Yes No vaL 16 fH':" on 2~·7 Page -2- Conversion Harvest Plan Questionnaire Slope: Does the site contain slopes in excess of 15%: Yes No Do you intent to harvest on these slopes? Yes -- No If yes, method of harvest: Clear cut Selective Other (please identify): Wetlands: Are there any marshes, bogs, ponds, swamps, or similar wetlands on the property? Yes No If yes, will harvesting take place within 50 feet of the wetland? Yes No If yes, method of harvest: Clearcut Selective Other (please identify): Roads: Are there any public or private roads adjacent to the property? Yes No If yes, is harvesting planned within 50 feet of these roadways? Yes No If yes, method of harvest: Clearcut Selective Other (please identify): Adjacent Land Use: Is the property adjacent to the harvest area currently developed? Yes No If yes, how close to the harvest area is the nearest structure? Feet Is harvesting going to occur within 50 feet of property boundaries? Yes No If yes, method of harvest: Clearcut Selective Other (please identify): 1.1·:1. 1 tj fM,Î 00 2as