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HomeMy WebLinkAboutAgenda Item 9d -- Lorna,Class IV Forest Practice Act Permits of Assumption by Jefferson CountyAgenda Item 9d--Planning Commission Priority Statement 2023 For consideration in Report to Board of County Commissioners January 4, 2023 Class IV Forest Practice Act Permits: Consideration of Assumption of Permit Authority by Jefferson County. Lorna Smith, January 1, 2023 Current Situation: Currently, timber harvest on private lands in Jefferson County that exceeds a minimal amount (i.e. greater that 5000 board feet of timber) is regulated by Washington Department of Natural Resources (DNR) and requires obtaining one of four classes of permits from the DNR ..Such activities may also be subject to SEPA review. Although the County can comment on these permits, there is no requirement that the harvester adhere to County requirements that would ordinarily apply for development including, but not limited to buffers, critical areas protections, and other development regulations and permit submittal requirements that the County would otherwise apply to development. Under RCW 76.09.240 :(1) (b) and WAC- 222-16-15 Jefferson County, as a County with a population of under 100,000, and that is planning under RCW 36.70A.040, may opt to adopt regulations to oversee certain forest practices activities: Class I, II, III and IV in UGAs and/or “Forest Practices classified as Class IV outside urban growth areas designated under RCW 36.70a.110, involving either timber harvest or road construction or both on (A) Forestlands that are being converted to another use or (B) Lands which under RCW 76.09.070 are not to be reforested because of the likelihood of future conversion to urban development. Benefits of County assuming jurisdiction: A number of Counties and jurisdictions currently have Class IV Forest Practices authority. These include Snohomish, King, Kitsap, and Chelan Counties, among others. The benefits to Jefferson County are much tighter control over the imposition of land-use controls where forest lands are converted to other uses such as subdivisions. Lacking such controls, fewer buffer trees may be left in place and other landscape retention requirements and critical areas protections might not be met. Jefferson County’s Comprehensive Plan and development regulations provide a much higher degree of protection and ability to preserve community character and natural areas. Drawbacks of County assuming jurisdiction: Cost of personnel time for permit review and ability to make site visits to ensure compliance. Based on the potential benefits the Planning Commission is proposing that Jefferson County consider creation and adoption of a program, including appropriate regulations, to assume jurisdiction over Class IV timber harvest permits. Agenda Item 9d--Planning Commission Priority Statement 2023 For consideration in Report to Board of County Commissioners January 4, 2023 References: State Regulations: https://app.leg.wa.gov/wac/default.aspx?cite=222-16-050 https://app.leg.wa.gov/rcw/default.aspx?cite=76.09.240 Local Government Regulation Examples: King County: https://kingcounty.gov/depts/local-services/permits/permits-inspections/land-use- permits/forest.asp Snohomish County: https://snohomishcountywa.gov/1707/Forest-Practices Kitsap County: https://www.kitsapgov.com/dcd/Pages/Timber-Harvest--Tree-Removal.aspx Clallam County https://clallam.county.codes/CCC/31.04.215 Chelan County https://www.co.chelan.wa.us/files/community- development/documents/apps_form/Current_Planning/criteria_sheet_ccc_15_70_forest_practic es.pdf Mason County https://library.municode.com/wa/mason_county/codes/code_of_ordinances?nodeId=TIT11FOP R General Analysis of Forest Land Conversion, Washington State: https://www.researchgate.net/publication/252376471_Study_4_Forest_Land_Conversion_in_W ashington_State