title: RCW 76.14.110

text:
Where the department finds that a portion of the work in any project, except road building, has been done by private expenditures for fire protection purposes only and that the work was not required by other forestry laws having general application, then the department shall appraise the work on the basis of what it would have cost the state and shall credit the amount of the appraisal toward payment of any sums assessed against lands contained in the project and owned by the person or his or her predecessors in title making the expenditure. Such appraisal shall be added to the cost of the project for purposes of determining the general assessment.
[ 2013 c 23 s 235; 1988 c 128 s 46; 1955 c 171 s 8.]

catchline: Fire protection projects—Credit on assessment for private expenditure.


doc_type: statute

jurisdiction: wa

title: RCW 76.14.120

text:
This chapter shall not relieve the landowner of providing adequate fire protection for forestland pursuant to RCW 76.04.610 or, in lieu thereof, of paying the forest fire protection assessment specified, but shall be deemed as providing solely for extra fire protection needed in the extrahazardous fire area.
[ 1986 c 100 s 56; 1955 c 171 s 9.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Landowner's responsibility under other laws.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 76.14.130

text:
Projects pursuant to RCW 76.14.080 shall not be developed to include lands outside the following described boundary within the high hazard forest areas: Beginning at a point on the east boundary of section 24, township 4 north, range 4 east 1/4 mile south of the northeast corner; thence west 1/4 mile; south 1/16 mile; west 1/4 mile; north 1/16 mile; west 1/2 mile; south 1/8 mile; west 1/4 mile; south 1/8 mile; west 1/2 mile; south 1/16 mile; west 1/8 mile; south 1/16 mile; west 1/8 mile; south 1/16 mile; west 1/2 mile; south 1/16 mile; west 3/4 mile; north 1/16 mile; west 1/4 mile; north 1/16 mile; west 1/2 mile; north 1/16 mile; west 1/4 mile; north 1/16 mile; west 1 3/4 miles to the west quarter corner of section 19, township 4 north, range 4 east. Thence north 1/4 mile; west 1/4 mile; north 1/8 mile; west 1/8 mile; north 1/8 mile; west 1/16 mile; north 1/4 mile; west 1/16 mile; north 1/8 mile; west 1/8 mile; north 1/8 mile; west 3/16 mile; south 1/8 mile; west 3/16 mile; south 1/8 mile; east 3/16 mile; south 1/4 mile; west 2 3/16 miles; south 1/8 mile; west 1/8 mile; south 1/4 mile; east 1/8 mile; south 1/16 mile; east 1/4 mile; south 3/16 mile; east 3/8 mile; south 1/8 mile; east 1/8 mile; south 1/16 mile; east 3/16 mile; south 7/16 mile; west 3/16 mile; south 1/4 mile; west 3/16 mile; south 1/4 mile; east 15/16 mile; south 1/4 mile; east 1/4 mile; south 1/4 mile; east 1/4 mile; south 3/4 mile; to the southwest corner of section 36, township 4 north, range 3 east. Thence west 3/8 mile; south 1/8 mile; east 1/8 mile; south 1/2 mile; west 1/8 mile; south 3/8 mile; west 1/8 mile; south 1/4 mile; west 1/4 mile; south 1/2 mile; west 1/8 mile; south 1/4 mile; east 3/8 mile; south 7/16 mile; west 1/4 mile; south 1/16 mile; west 1/4 mile; south 1/2 mile; west 1/8 mile; south 1/4 mile; east 1/8 mile; south 1/16 mile; west 1/4 mile; south 1/4 mile; east 1/2 mile; south 3/16 mile; east 1/4 mile; south 1/16 mile; east 7/16 mile; south 3/16 mile; east 9/16 mile; south 1/4 mile; east 1/16 mile; south 1/4 mile; east 1/16 mile; south 1/8 mile; east 1/8 mile; south 1/8 mile; west 1/16 mile; south 5/8 mile; west 3/16 mile; south 1/16 mile; east 1/4 mile; south 1/16 mile; east 1/8 mile; south 3/16 mile; west 1/8 mile; south 1/16 mile; west 11/16 mile; south 3/16 mile; east 15/16 mile, being 1/16 mile north of the southeast corner of section 36, township 3 north, range 3 east. Thence east 1 mile; south 1/16 mile; west 7/8 mile; south 1/8 mile; east 1/4 mile; south 1/4 mile; west 1/8 mile; south 1/8 mile; west 3/16 mile; south 1/4 mile; west 7/16 mile; north 1/8 mile; west 1/8 mile; south 1/8 mile; west 5/16 mile; south 1/4 mile; west 3/16 mile; south 1/16 mile; east 1/2 mile; north 1/16 mile; east 1/4 mile; south 1/8 mile; east 1/8 mile; north 1/8 mile; east 1/8 mile being the southeast corner of section 1, township 2 north, range 3 east. Thence south 1/4 mile; east 1/4 mile; south 1/16 mile; east 1/4 mile; south 1/16 mile; east 1/4 mile; south 1/8 mile; east 1/8 mile; north 1/8 mile; east 3/8 mile; south 1/8 mile; east 1/16 mile; north 1/4 mile; east 7/16 mile; north 1/8 mile; east 9/16 mile; south 1/4 mile; west 1/16 mile; south 1/8 mile; west 1/8 mile; south 1/8 mile; west 1/8 mile; south 1/8 mile; west 1/16 mile; south 1/4 mile; west 1/16 mile; south 1/8 mile; west 1/8 mile; south 1/16 mile; west 1/4 mile; south 5/16 mile; to the center of section 17, township 2 north, range 4 east. Thence east 1 mile; south 1/16 mile; east 2 miles; north 1/16 mile; east 1 1/2 miles; to the east quarter corner of section 13, township 2 north, range 4 east. Thence easterly 9 miles following Bonneville Power Administration's power transmission line through sections 18, 17, 16, 15, 14 and 13, township 2 north, range 5 east and sections 18, 17 and 16, township 2 north, range 6 east to the southeast corner of section 16, township 2 north, range 6 east. Thence easterly 3 3/4 miles; north 1 1/4 miles; east 1/4 mile; north 2 1/4 miles; west 3/4 mile; north 1 1/2 miles; east 3/4 mile; north 1/2 mile; east 1 mile; north 1/2 mile; east 1 mile; north 1 mile; east 2 miles; south 1 mile; east 1 mile; north 3 miles; to the northeast corner of section 1, township 3 north, range 7 east. Thence west 4 miles; south 1 mile; west 2 miles; north 1/2 mile; west 2 miles; south 1/2 mile; west 1 mile; south 1/2 mile; west 2 miles; north 1 1/2 miles; west 1 mile; south 1 mile; west 2 miles; south 1 1/2 miles; east 1 mile; south 1/2 mile; west 1 mile; south 1/2 mile; west 1/2 mile; south 1/2 mile; west 3 1/2 miles to the northwest corner of section 30, township 3 north, range 5 east. Thence north along Gifford Pinchot National Forest boundary to the point of beginning.
[ 1955 c 171 s 10.]

catchline: Lands not to be included in project.


title: RCW 76.15.005

text:
(1) Trees and other woody vegetation are a necessary and important part of community environments. Urban and community forests have many values and uses including conserving energy, reducing air and water pollution and soil erosion, contributing to property values, attracting business, reducing glare and noise, providing aesthetic and historical values, providing wood products, and affording comfort and protection for humans and wildlife.
(2) As urban and community areas in Washington state grow, the need to plan for, promote, and manage urban and community forests increases. Cities and communities benefit from assistance in developing and maintaining urban and community forestry programs that also address future growth.
(3) Assistance and encouragement in the establishment, retention, and enhancement of these forests and trees by local governments, residents, organizations, and professionals are in the interest of the state based on the contributions these forests make in preserving and enhancing the quality of life of Washington's cities, counties, and tribal lands while providing opportunities for economic development.
(4) Well-maintained urban forests deliver local air and water quality benefits that can have positive impacts on human health.
(5) Increased tree canopy in urban areas can positively impact salmon populations through stormwater management and reduction of stream temperatures, thereby improving critical salmon habitat.
[ 2021 c 209 s 2; 1991 c 179 s 1.]
Notes:
Findings—Intent—2021 c 209: "(1) The legislature finds that preservation and enhancement of city trees and urban forests contributes multiple benefits, including stormwater management, carbon sequestration, local air and water quality enhancements, and fish and wildlife habitat, and is a cost-effective way to meet these objectives. The legislature further finds that climate change is impacting our state in numerous ways, including summer heat waves, heavier winter rains, and lower air quality, all of which can be improved by increased tree canopy. The legislature further finds that modern and well-crafted urban forestry programs can have significant additional benefits related to human health, especially when delivered in highly impacted communities with higher health disparities and that also have lower existing tree canopy. Significant research exists demonstrating health benefits of trees and green spaces, including air and water quality improvements, positive emotional responses to being in nature, physical activity, and social cohesion through interacting in public green spaces. Furthermore, the legislature finds that Washington state faces continued urgency in adequately protecting essential salmon habitat, which is necessary to promote salmon recovery and thus help protect our endangered southern resident killer whale population. It is the intent of the legislature to enhance urban forestry programs that maximize cobenefits related to human health and salmon recovery.
(2) The legislature further recognizes that the existing evergreen communities act, in chapter 76.15 RCW and related programs in state law, established a successful framework for supporting urban forestry in Washington state. That act established the need for tools including canopy assessment and regional tree canopy analysis, and targeted technical assistance to support cities and counties seeking to deliver impactful urban forestry programs. The legislature intends to modernize and add capacity to the evergreen communities act by utilizing information and analysis around environmental health disparities and salmon recovery plans, and increasing capacity for the delivery of an urban forestry program in order to strengthen and enhance the impacts of this act and to expand participation to include federally recognized tribes and other community-based organizations." [ 2021 c 209 s 1.]

catchline: Finding.


title: RCW 76.15.007

text:
The purpose of this chapter is to:
(1) Encourage planning for, planting, maintaining, and managing of trees in the state's cities, counties, and tribal lands and maximize the potential of tree and vegetative cover in improving the quality of the environment;
(2) Encourage the coordination of activities by state, local agency, and federally recognized tribes, and maximize resident participation in the development and implementation of urban and community forestry-related programs, including through capacity building to facilitate participation from new partners;
(3) Foster healthy economic activity for the state's urban and community forestry-related businesses through cooperative and supportive contracts with the private business sector;
(4) Facilitate the creation of employment opportunities related to urban and community forestry activities, including opportunities for youth, especially in urban areas, to learn teamwork, resource conservation, environmental appreciation, and job skills;
(5) Provide meaningful voluntary opportunities for the state's residents and organizations interested in urban and community forestry activities;
(6) Contribute to improved human health through targeted delivery of programs and activities in highly impacted communities with greater health disparities;
(7) Contribute to salmon and orca recovery through targeted delivery of programs and activities in regions that include important salmon habitat identified by regional salmon recovery plans.
[ 2021 c 209 s 3; 1991 c 179 s 2.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.

catchline: Purpose.


title: RCW 76.15.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of natural resources.
(2) "Evergreen community" means a city, town, or county designated as such under RCW 76.15.090.
(3) "Highly impacted community" has the same meaning as defined in RCW 19.405.020 or an equivalent cumulative impacts analysis that identifies the environmental health conditions of communities as a factor of both environmental health hazards and vulnerable populations as defined in RCW 19.405.020.
(4) "Management plan" means an urban forest management plan developed pursuant to this chapter.
(5) "Tree canopy" means the layer of leaves, branches, and stems of trees that cover the ground when viewed from above and that can be measured as a percentage of a land area shaded by trees.
(6) "Tribes" means any federally recognized Indian tribes whose traditional lands and territories include parts of the state.
(7) "Urban and community forest" or "urban forest" is that land in and around human settlements ranging from small communities to metropolitan areas, occupied or potentially occupied by trees and associated vegetation. Urban and community forestland may be planted or unplanted, used or unused, and includes public and private lands, lands along transportation and utility corridors, and forested watershed lands within populated areas. Nothing in this chapter may be construed to apply to lands subject to or designated under chapter 76.09, 79.70, 79.71, 84.33, or 84.34 RCW.
(8) "Urban and community forest assessment" or "urban forest assessment" means an analysis of the urban and community forest inventory to: Establish the scope and scale of forest-related benefits and services; determine the economic valuation of such benefits, highlight trends, and issues of concern; identify high priority areas to be addressed; outline strategies for addressing the critical issues and urban landscapes; and identify opportunities for retaining trees, expanding forest canopy, and planting additional trees to sustain Washington's urban and community forests.
(9) "Urban and community forest inventory" or "urban forest inventory" means a management tool designed to gauge the condition, management status, health, and diversity of an urban and community forest. An inventory may evaluate individual trees or groups of trees or canopy cover within urban and community forests, and will be periodically updated by the department.
(10) "Urban and community forestry" or "urban forestry" means the planning, establishment, protection, care, and management of trees and associated plants individually, in small groups, or under more naturally forested conditions within cities, counties, and tribal lands.
(11) "Urban and community forestry ordinance" or "urban forestry ordinance" is an ordinance developed by a city, county, or tribe that promotes urban forestry management and care of trees.
(12) "Vulnerable populations" has the same meaning as defined in RCW 19.405.020.
[ 2021 c 209 s 4; 2008 c 299 s 23; 2000 c 11 s 15; 1991 c 179 s 3.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.

catchline: Definitions.


title: RCW 76.15.020

text:
(1) The department may establish and maintain a program in urban and community forestry to accomplish the purpose stated in RCW 76.15.007. The department may assist cities, counties, and federally recognized tribes in establishing and maintaining urban and community forestry programs and encourage appropriate and improved tree management and care.
(2) The department may advise, encourage, and assist cities, counties, tribes, and other public and private entities in the development and coordination of policies, programs, and activities for the promotion of urban and community forestry.
(3) The department may appoint a committee or council to advise the department in establishing and carrying out a program in urban and community forestry.
(4) The department may assist municipal and county tree maintenance programs by making surplus equipment available on loan where feasible for urban and community forestry programs and cooperative projects.
(5) An owner of private property may opt out of a voluntary urban and community forestry program established by a city, county, or federally recognized tribe pursuant to this chapter. The property owner opting out must provide notice to the city, county, or federally recognized tribe in either written or electronic form.
[ 2021 c 209 s 5; 2008 c 299 s 3; 1991 c 179 s 4.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: "This act may be known and cited as the evergreen communities act." [ 2008 c 299 s 37.]

catchline: Authority.


title: RCW 76.15.030

text:
The department may:
(1) Receive and disburse any and all moneys contributed, allotted, or paid by the United States under authority of any act of congress for the purposes of this chapter;
(2) Receive such gifts, grants, bequests, and endowments and donations of labor, material, seedlings, and equipment from public or private sources as may be made for the purpose of carrying out the provisions of this chapter, and may spend the gifts, grants, bequests, endowments, and donations as well as other moneys from public or private sources;
(3) Charge fees for attendance at workshops and conferences, and for various publications and other materials that the department may prepare;
(4) Enter into agreements and contracts with cities, counties, tribes, nonprofit organizations, and others having urban and community forestry-related responsibilities.
[ 2021 c 209 s 6; 1991 c 179 s 5.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.

catchline: Funding sources—Fees—Contracts.


title: RCW 76.15.040

text:
The department shall assume the primary responsibility of carrying out this chapter and shall cooperate with other private and public, state and federal persons, any agency of another state, the United States, any agency of the United States, or any agency or province of Canada.
[ 1991 c 179 s 6.]

catchline: Primary duty, department's—Cooperation.


title: RCW 76.15.050

text:
The department may enter into agreements with one or more nonprofit organizations whose primary purpose is urban tree planting. The agreements must be directed at furthering public education about and support for urban tree planning, planting, establishment, care, and long-term maintenance, and for obtaining voluntary activities by the local community organizations in tree planting programs. The agreements must ensure these programs are consistent with the purposes of the urban and community forestry program under this chapter.
[ 2021 c 209 s 7; 1993 c 204 s 10.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Findings—1993 c 204: See note following RCW 35.92.390.

catchline: Agreements for urban tree planting.


title: RCW 76.15.060

text:
The department must encourage urban planting and care through establishment and long-term management of trees, encouraging varieties that are site-appropriate and provide the best combination of energy and water conservation, fire safety and other safety, wildlife habitat, stormwater management, and aesthetic value. The department may provide technical assistance in developing programs in tree planting for energy conservation in areas of the state where such programs are most cost-effective. The department must conduct analyses and prioritize target regions for delivery of programs, policies, and activities that include criteria related to human health and salmon recovery data as provided in RCW 76.15.100.
[ 2021 c 209 s 8; 1993 c 204 s 11.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Findings—1993 c 204: See note following RCW 35.92.390.

catchline: Urban tree planting to be encouraged.


title: RCW 76.15.090

text:
(1) The department shall manage the application and evaluation of candidates for evergreen community designation.
(2) The department shall develop the criteria for an evergreen community designation program. Under this program, the state may recognize as an evergreen community a city, county, or area of tribal land that has developed an excellent urban forest management program.
(3) Designation as an evergreen community must include no fewer than two graduated steps. The department may require additional graduated steps and establish the minimum requirements for each recognized step.
(a) The first graduated step of designation as an evergreen community includes satisfaction of the following requirements:
(i) The development and implementation of a tree board or tree department;
(ii) The development of a tree care ordinance;
(iii) The implementation of an urban forestry program with an annual budget of at least $2.00 for every city resident;
(iv) Official recognition of arbor day; and
(v) The completion of or update to an existing urban forest inventory for the city, county, or tribal land, or the formal adoption of an inventory developed for the city, county, or tribe by the department.
(b) The second graduated step of designation as an evergreen community includes the adoption of an urban forestry management plan. The management plan must:
(i) Exceed the minimum standards determined by the department; and
(ii) Incorporate meaningful community engagement from vulnerable populations located in the area so needs and priorities of these communities inform implementation of the plan.
(4) The department shall develop gateway signage and logos for an evergreen community.
(5) The department may consult with the department of commerce in carrying out the requirements of this section.
[ 2021 c 209 s 11; 2008 c 299 s 8.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.

catchline: Evergreen community designation—Department's duties.


title: RCW 76.15.100

text:
(1) The department must conduct analyses of the needs and opportunities related to urban forestry in Washington by assessing tree canopy cover and urban forestry inventory data.
(a) The department must utilize existing recent tree canopy study and inventory data when available.
(b) The department may add additional canopy analysis in regions where adequate data is not available through internal analysis and the use of research consultants as needed.
(c) In collaboration with local governments, the department may conduct prioritized inventories of urban forests where adequate data is not available.
(2) The department must identify priority regions for the implementation of urban forestry programs. Priority must be determined through the use and review of analyses and tools including, but not limited to, the following:
(a) Canopy analysis and inventory of urban and community forestry data as determined in subsection (1)(a) of this section;
(b) Health disparity mapping tools that identify highly impacted communities such as the department of health's Washington tracking network. Communities should be identified at the census tract level;
(c) Salmon and orca recovery data including, but not limited to, the Puget Sound partnership action agenda and other regional and statewide salmon and orca recovery plans and efforts, to target program delivery in areas where there are significant opportunities related to salmon and orca habitat and health; and
(d) The department's 20-year forest health strategic plan.
(3) The department may consult with external experts as part of the review and analysis that will determine priority regions for the purposes of this chapter. Consultation may be conducted with experts such as: Other state agencies; a statewide organization representing urban and community forestry programs; health experts; salmon recovery experts; and other technical experts as needed.
(4) The department must consult with the appropriate tribes in watersheds where urban forestry work is taking place.
(5) The department shall, through its analysis and consultation, seek to identify areas where urban forestry will generate the greatest confluence of benefits in relation to canopy needs, health disparities, and salmon habitat.
(6) The department must ensure a minimum of 50 percent of the resources used in delivering the policies, programs, and activities of this chapter are benefiting vulnerable populations and are delivered in or within one-quarter mile of highly impacted communities as identified by the tools described in subsection (2)(b) of this section, and scale these resources so the most resources are allocated to the highest impacted communities within these areas. This includes resources for establishing and maintaining new trees as well as maintenance of existing tree canopy.
(7) The department shall conduct a statewide inventory of urban and community forests using urban forest inventory and assessment protocols established by the United States forest service to produce statistically relevant estimates of the quantity, health, composition, and benefits of urban trees and forests. Inventory data must be maintained and periodically updated.
[ 2021 c 209 s 9.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.

catchline: Analysis—Priority regions—Consultation—Vulnerable populations—Statewide inventory.


title: RCW 76.15.110

text:
(1) The department must provide technical assistance and capacity building resources and opportunities to cities, counties, federally recognized tribes, and other public and private entities in the development and coordination of policies, programs, and activities for the promotion of urban and community forestry.
(2) The department may use existing urban and community forestry inventory tools or develop additional tools to assist cities, counties, federally recognized tribes, and other public and private entities to collect urban and community forest tree data that informs urban and community forestry management, planning, and policy development.
(3) The department shall strive to enable Washington cities' urban forest managers to access carbon markets by working to ensure tools developed under this section are compatible with existing and developing urban forest carbon market reporting protocols.
(4) The department may use existing tools to assist communities to develop urban forestry management plans. Management plans may include, but not be limited to, the following elements:
(a) Inventory and assessment of the jurisdiction's urban and community forests utilized as a dynamic management tool to set goals, implement programs, and monitor outcomes that may be adjusted over time;
(b) Canopy cover goals;
(c) Reforestation and tree canopy expansion goals within the city's, town's, and county's boundaries;
(d) Restoration of public forests;
(e) Achieving forest stand and diversity goals;
(f) Maximizing vegetated stormwater management with trees and other vegetation that reduces runoff, increases soil infiltration, and reduces stormwater pollution;
(g) Environmental health goals specific to air quality, habitat for wildlife, and energy conservation;
(h) Vegetation management practices and programs to prevent vegetation from interfering with or damaging utilities and public facilities;
(i) Prioritizing planting sites;
(j) Standards for tree selection, siting, planting, and pruning;
(k) Scheduling maintenance and stewardship for new and established trees;
(l) Staff and volunteer training requirements emphasizing appropriate expertise and professionalism;
(m) Guidelines for protecting existing trees from construction-related damage and damage related to preserving territorial views;
(n) Integrating disease and pest management;
(o) Wood waste utilization;
(p) Community outreach, participation, education programs, and partnerships with nongovernment organizations;
(q) Time frames for achieving plan goals, objectives, and tasks;
(r) Monitoring and measuring progress toward those benchmarks and goals;
(s) Consistency with the urban wildland interface codes developed by the state building code council;
(t) Emphasizing landscape and revegetation plans in residential and commercial development areas where tree retention objectives are challenging to achieve; and
(u) Maximizing building heating and cooling energy efficiency through appropriate siting of trees for summer shading, passive solar heating in winter, and for wind breaks.
(5) The department may use existing tools to assist communities to develop urban forestry ordinances. Ordinances may include, but not be limited to, the following elements:
(a) Tree canopy cover, density, and spacing;
(b) Tree conservation and retention;
(c) Vegetated stormwater runoff management using native trees and appropriate nonnative, nonnaturalized vegetation;
(d) Clearing, grading, protection of soils, reductions in soil compaction, and use of appropriate soils with low runoff potential and high infiltration rates;
(e) Appropriate tree siting and maintenance for vegetation management practices and programs to prevent vegetation from interfering with or damaging utilities and public facilities;
(f) Native species and nonnative, nonnaturalized species diversity selection to reduce disease and pests in urban forests;
(g) Tree maintenance;
(h) Street tree installation and maintenance;
(i) Tree and vegetation buffers for riparian areas, critical areas, transportation and utility corridors, and commercial and residential areas;
(j) Tree assessments for new construction permitting;
(k) Recommended forest conditions for different land use types;
(l) Variances for hardship and safety;
(m) Variances to avoid conflicts with renewable solar energy infrastructure, passive solar building design, and locally grown produce; and
(n) Permits and appeals.
(6) The department may consult with the department of commerce in the process of providing technical assistance, on issues including, but not limited to, intersections between urban forestry programs and growth management act planning.
(7) The department may use existing and develop additional innovative tools to facilitate successful implementation of urban forestry programs including, but not limited to, comprehensive toolkit packages (tree kits) that can easily be shared, locally adapted, and used by cities, counties, tribes, and community stakeholders.
(8) The department must encourage communities to include participation and input by vulnerable populations through community organizations and members of the public for urban and community forestry plans in the regions where they are based.
(9) Delivery of resources must be targeted based on the analysis and prioritization provided in RCW 76.15.100.
[ 2021 c 209 s 10.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.

catchline: Promotion of urban and community forestry—Department's authority.


title: RCW 76.36.010

text:
The words and phrases herein used, unless the same be clearly contrary to or inconsistent with the context of this chapter or the section in which used, shall be construed as follows:
(1) "Booming equipment" includes boom sticks and boom chains.
(2) "Brand" means a unique symbol or mark placed on or in forest products for the purpose of identifying ownership.
(3) "Catch brand" means a mark or brand used by a person as an identifying mark placed upon forest products and booming equipment previously owned by another.
(4) "Department" means the department of natural resources.
(5) "Forest products" means logs, spars, piles, and poles, boom sticks, and shingle bolts and every form into which a fallen tree may be cut before it is manufactured into lumber or run through a sawmill, shingle mill, or tie mill, or cut into cord wood, stove wood, or hewn ties.
(6) "Person" includes the plural and all corporations, foreign and domestic, copartnerships, firms, and associations of persons.
(7) "Waters of this state" includes any and all bodies of fresh and salt water within the jurisdiction of the state capable of being used for the transportation or storage of forest products, including all rivers and lakes and their tributaries, harbors, bays, bayous, and marshes.
[ 2000 c 11 s 16; 1984 c 60 s 1; 1925 ex.s. c 154 s 1; RRS s 8381-1.]


title: RCW 76.36.020

text:
Persons who wish to identify any of their forest products which will be stored or transported in or on the waters of the state shall place a registered mark or brand in a conspicuous place on each forest product item. Placement of the registered mark or brand is prima facie evidence of ownership over forest product items which have escaped from storage or transportation. Unbranded or unmarked stray logs or forest products become the property of the state when recovered.
[ 1984 c 60 s 2; 1925 ex.s. c 154 s 2; RRS s 8381-2. Prior: 1890 p 110 s 1.]

catchline: Forest products to be marked.


title: RCW 76.36.035

text:
(1) All applications for brands, catch brands, renewals, and assignments thereof shall be submitted to and approved by the department prior to use. The department may refuse to approve any brand or catch brand which is identical to or closely resembles a registered brand or catch brand, or is in use by any other person or was not selected in good faith for the marking or branding of forest products. If approval is denied the applicant will select another brand.
(2) The registration for all existing brands or catch brands shall expire on December 31, 1984, unless renewed prior to that date. Renewals or new approved applications shall be for five-year periods or portions thereof beginning on January 1, 1985. On or before September 30, 1984, and September 30th immediately preceding the end of each successive five-year period the department shall notify by mail all registered owners of brands or catch brands of the forthcoming expiration of their brands and the requirements for renewal.
(3) A fee of fifteen dollars shall be charged by the department for registration of all brands, catch brands, renewals or assignments prior to January 1, 1985. Thereafter the fee shall be twenty-five dollars.
(4) Abandoned or canceled brands shall not be reissued for a period of at least one year. The department shall determine the right to use brands or catch brands in dispute by applicants.
(5) The department may adopt and enforce rules implementing the provisions of this chapter.
(6)(a) Except as provided in (b) of this subsection, a violation of any rule adopted by the department under this [the] authority of this section is a misdemeanor.
(b) The department may specify by rule, when not inconsistent with applicable statutes, that violation of a specific rule is an infraction under chapter 7.84 RCW.
[ 2003 c 53 s 370; 1987 c 380 s 18; 1984 c 60 s 8.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—1987 c 380: See RCW 7.84.900.


title: RCW 76.36.060

text:
All forest products and booming equipment having impressed thereupon a registered mark or brand are presumed to belong to the person appearing on the records of the department as the owner of such mark or brand. All forest products having impressed thereupon a registered catch brand are presumed to belong to the owner of the registered catch brand, unless there is impressed thereupon more than one registered catch brand, in which event they are presumed to belong to the owner whose registered catch brand was placed thereupon latest in point of time.
[ 1984 c 60 s 3; 1957 c 36 s 4; 1925 ex.s. c 154 s 6; RRS s 8381-6. Prior: 1890 p 111 s 4.]

catchline: Impression of mark—Presumption.


title: RCW 76.36.070

text:
The department, upon the petition of the owner of a registered mark or brand, may cancel the registration in which case the mark or brand shall be open to registration by any person subsequently applying therefor.
[ 1984 c 60 s 4; 1957 c 36 s 5; 1925 ex.s. c 154 s 7; RRS s 8381-7.]

catchline: Cancellation of registration.


title: RCW 76.36.090

text:
A person desiring to use a catch brand as an identifying mark upon forest products or booming equipment purchased or lawfully acquired from another, shall before using it, make application for the registration thereof to the department in the manner prescribed for the registration of other marks or brands as herein required. The provisions contained in this chapter in reference to registration, certifications, assignment, and cancellation, and the fees to be paid to the department shall apply equally to catch brands. The certificate of the department shall designate the mark or brand as a catch brand, and the mark or brand selected by the applicant as a catch brand shall be inclosed [enclosed] in the letter C, which shall identify the mark or brand as, and shall be used only in connection with, a catch brand.
[ 1984 c 60 s 5; 1957 c 36 s 6; 1925 ex.s. c 154 s 9; RRS s 8381-9.]

catchline: Catch brands.


title: RCW 76.36.100

text:
The owner of any mark or brand registered as herein provided, by himself or herself or his or her duly authorized agent or representative, shall have a lawful right, at any time and in any peaceable manner, to enter into or upon any tidelands, marshes, and beaches of this state and any mill, mill yard, mill boom, rafting, or storage grounds and any forest products or raft or boom thereof, for the purpose of searching for any forest products and booming equipment having impressed thereupon or cut therein a registered mark or brand belonging to him or her and to retake any forest products and booming equipment so found by him or her.
[ 2013 c 23 s 221; 1925 ex.s. c 154 s 10; RRS s 8381-10. Prior: 1901 c 123 s 4.]

catchline: Right of entry to retake branded products.


title: RCW 76.36.110

text:
Every person is guilty of a gross misdemeanor:
(1) Except boom companies organized as corporations for the purpose of catching or reclaiming and holding or disposing of forest products for the benefit of the owners, and authorized to do business under the laws of this state, who has or takes in tow or into custody or possession or under control, without the authorization of the owner of a registered mark or brand thereupon, any forest products or booming equipment having thereupon a mark or brand registered as required by the terms of this chapter, or, with or without such authorization, any forest products or booming equipment which may be branded under the terms of this chapter with a registered mark or brand and having no registered mark or brand impressed thereupon or cut therein; or,
(2) Who impresses upon or cut in any forest products or booming equipment a mark or brand that is false, forged or counterfeit; or,
(3) Who interferes with, prevents, or obstructs the owner of any registered mark or brand, or his or her duly authorized agent or representative, entering into or upon any tidelands, marshes or beaches of this state or any mill, mill site, mill yard or mill boom or rafting or storage grounds or any forest products or any raft or boom thereof for the purpose of searching for forest products and booming equipment having impressed thereupon a registered mark or brand belonging to him or her or retaking any forest products or booming equipment so found by him or her; or,
(4) Who impresses or cuts a catch brand that is not registered under the terms of this chapter upon or into any forest products or booming equipment upon which there is a registered mark or brand as authorized by the terms of this chapter or a catch brand, whether registered or not, upon any forest products or booming equipment that was not purchased or lawfully acquired by him or her from the owner.
[ 2003 c 53 s 371; 1994 c 163 s 1; 1984 c 60 s 6; 1925 ex.s. c 154 s 11; RRS s 8381-11. Prior: 1890 p 112 s 8.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Penalty for false branding, etc.


title: RCW 76.36.120

text:
Every person is guilty of a class B felony punishable according to chapter 9A.20 RCW who, with an intent to injure or defraud the owner:
(1) Shall falsely make, forge or counterfeit a mark or brand registered as herein provided and use it in marking or branding forest products or booming equipment; or,
(2) Shall cut out, destroy, alter, deface, or obliterate any registered mark or brand impressed upon or cut into any forest products or booming equipment; or,
(3) Shall sell, encumber or otherwise dispose of or deal in, or appropriate to his or her own use, any forest products or booming equipment having impressed thereupon a mark or brand registered as required by the terms of this chapter; or
(4) Shall buy or otherwise acquire or deal in any forest products or booming equipment having impressed thereupon a registered mark or brand.
[ 2003 c 53 s 372; 1925 ex.s. c 154 s 12; RRS s 8381-12. Prior: 1890 p 111 ss 6, 7.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Forgery of mark, etc.—Penalty.


title: RCW 76.36.130

text:
A mark or brand cut in boom sticks with an ax or other sharp instrument shall be sufficient for the purposes of this chapter if it substantially conforms to the impression or drawing and written description on file with the department.
[ 1988 c 128 s 47; 1957 c 36 s 7; 1925 ex.s. c 154 s 13; RRS s 8381-13.]

catchline: Sufficiency of mark.


title: RCW 76.36.140

text:
In view of the different conditions existing in the logging industry of this state between the parts of the state lying respectively east and west of the crest of the Cascade mountains, forest products may be put into the water of this state or shipped on common carrier railroads without having thereon a registered mark or brand, as herein required, within that portion of the state lying east of the crest of the Cascade mountains and composed of the following counties to wit: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima; and the penalties herein provided for failure to mark or brand such forest products shall not apply: PROVIDED, That any person operating within such east portion of the state may select a mark or brand and cause it to be registered with the department pursuant to the terms of this chapter, and use it for the purpose of marking or branding forest products and booming equipment, and, in the event of the registration of such mark or brand and the use of it in marking or branding forest products or booming equipment, the provisions hereof shall apply as to the forest products and booming equipment so marked or branded.
[ 1988 c 128 s 48; 1957 c 36 s 8; 1925 ex.s. c 154 s 14; RRS s 8381-14.]

catchline: Application of chapter to eastern Washington.


title: RCW 76.36.160

text:
The department shall deposit all moneys received under this chapter in the general fund to be used exclusively for the administration of this chapter by the department.
[ 1984 c 60 s 7; 1957 c 36 s 10.]

catchline: Deposit of fees—Use.


title: RCW 76.42.010

text:
This chapter authorizes the removal of wood debris from navigable waters of the state of Washington. It shall be the duty of the department of natural resources to administer and enforce the provisions of this chapter.
[ 1973 c 136 s 2.]

catchline: Removal of debris authorized—Enforcement of chapter—Department of natural resources.


title: RCW 76.42.020

text:
(1) "Removal" as used in this chapter shall include all activities necessary for the collection and disposal of such wood debris: PROVIDED, That nothing herein provided shall permit removal of wood debris from private property without written consent of the owner.
(2) "Wood debris" as used in this chapter is wood that is adrift on navigable waters or has been adrift thereon and stranded on beaches, marshes, or tidal and shorelands.
[ 2000 c 11 s 17; 1994 c 163 s 2; 1973 c 136 s 3.]

catchline: Definitions.


title: RCW 76.42.030

text:
The department of natural resources may by contract, license, or permit, or other arrangements, cause such wood debris to be removed by private contractors, department of natural resources employees, or by other public bodies. Nothing contained in this chapter shall prohibit any individual from using any nonmerchantable wood debris for his or her own personal use.
[ 2013 c 23 s 236; 1994 c 163 s 3; 1973 c 136 s 4.]

catchline: Removal of wood debris—Authorized.


title: RCW 76.42.060

text:
It shall be unlawful to dispose of wood debris by depositing such material into any of the navigable waters of this state, except as authorized by law including any discharge or deposit allowed to be made under and in compliance with chapter 90.48 RCW and any rules duly adopted thereunder or any deposit allowed to be made under and in compliance with chapter 76.09 or 77.85 RCW and any rules duly adopted under those chapters. Violation of this section shall be a misdemeanor.
[ 2003 c 39 s 37; 1999 sp.s. c 4 s 601; 1973 c 136 s 7.]
Notes:
Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.

catchline: Navigable waters—Unlawful to deposit wood debris into—Exception.


title: RCW 76.42.070

text:
The department of natural resources shall adopt and enforce such rules and regulations as may be deemed necessary for administering this chapter.
[ 1973 c 136 s 8.]

catchline: Rules and regulations—Administration of chapter—Authority to adopt and enforce.


title: RCW 76.44.010

text:
There is hereby created the institute of forest resources of the state of Washington which shall operate under the authority of the board of regents of the University of Washington.
[ 1979 c 50 s 1; 1947 c 177 s 1; Rem. Supp. 1947 s 10831-1.]
Notes:
Severability—1979 c 50: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 c 50 s 8.]

catchline: Institute created.


title: RCW 76.44.020

text:
The institute of forest resources shall be administered and directed by the director of the school of forest resources at the University of Washington.
[ 2011 c 187 s 3; 1988 c 81 s 21; 1979 c 50 s 2; 1959 c 306 s 1; 1947 c 177 s 2; Rem. Supp. 1947 s 10831-2.]
Notes:
Findings—Intent—2011 c 187: "(1) The legislature finds that there are many challenges facing the forest sector, such as climate change, loss of forest cover in rural and urban areas, forest health and fire risks, the development of environmental service markets, the enhancement of habitat and biodiversity, timber and water supply, restoration of forest ecosystems, and the economic health of forest-dependent communities that rely on the retention of working forests.
(2) The legislature further finds that these forest issues, which occur in both rural and urban environments, and the approaches taken to address the issues, transcend the expertise and mission of the University of Washington school of forest resources and the associated centers and cooperatives. While each of these centers and cooperatives contribute expertise and resources, the structure and continuity for the integrated, interdisciplinary approach needed to address these complex issues is lacking.
(3) It is the intent of the legislature for the institute of forest resources to provide the structure and continuity needed by drawing contributions from the associated centers and cooperatives into a more consolidated, collaborative, interdisciplinary, and integrated process that is responsive to the critical issues confronting the forest sector." [ 2011 c 187 s 1.]
Severability—1979 c 50: See note following RCW 76.44.010.

catchline: Administration of institute.


title: RCW 76.44.030

text:
(1) The institute of forest resources shall pursue coordinated research and education related to the forest sector and its multiple components, including:
(a) Forest conservation, restoration, sustainable management, and utilization;
(b) The evaluation of the economic, ecological, and societal value of forestland in both the rural and urban environment;
(c) The manufacture and marketing of forest products, including timber products, nontimber products, environmental services, and the provision of recreation and aesthetic values.
(2) The institute of forest resources must seek to provide a framework for identifying, prioritizing, funding, and conducting interdisciplinary research critical to the forest sector and the development of integrated, synthesized information and decision support tools that improve the understanding of complex forestry issues for stakeholders, policymakers, and other interested parties.
(3) In pursuit of these objectives, the institute of forest resources is authorized to cooperate, when cooperation advances the objectives listed in this section, with other entities, including but not limited to:
(a) Universities;
(b) State and federal agencies;
(c) Conservation and environmental organizations;
(d) *Community and urban forestry organizations; and
(e) Domestic or foreign industrial and business institutions.
[ 2011 c 187 s 4; 1979 c 50 s 5; 1947 c 177 s 3; Rem. Supp. 1947 s 10831-3.]
Notes:
*Reviser's note: Chapter 209, Laws of 2021 changed the name of the program in chapter 76.15 RCW from "community and urban forestry" to "urban forest management plan."
Findings—Intent—2011 c 187: See note following RCW 76.44.020.
Severability—1979 c 50: See note following RCW 76.44.010.

catchline: Duties.


title: RCW 76.44.040

text:
The results of any research undertaken by the institute or in which the institute participates shall be available to all industries and citizens of the state of Washington and the institute is authorized to disseminate such information.
[ 1979 c 50 s 6; 1947 c 177 s 4; Rem. Supp. 1947 s 10831-4.]
Notes:
Severability—1979 c 50: See note following RCW 76.44.010.

catchline: Dissemination of research results.


title: RCW 76.44.050

text:
(1) The institute of forest resources may solicit gifts, grants, conveyances, bequests, and devices, including both real or personal property, in trust or otherwise, to be directed to the institute for carrying out the objectives of the institute as provided in this chapter.
(2) The institute of forest resources may solicit contracts for work, financial and in-kind contributions, and support from private industries, interest groups, federal and state sources, and other sources deemed appropriate by the director of the institute.
(3) The institute of forest resources may utilize separately appropriated funds of the University of Washington for the institute's operations and activities.
[ 2011 c 187 s 5; 1979 c 50 s 7; 1947 c 177 s 5; Rem. Supp. 1947 s 10831-5.]
Notes:
Findings—Intent—2011 c 187: See note following RCW 76.44.020.
Severability—1979 c 50: See note following RCW 76.44.010.

catchline: Authority to solicit financial support—Use of funds for the institute's operations and activities.


title: RCW 76.44.070

text:
The legislature finds that there are many issues facing the forest sector, such as climate change, forest health and fire, carbon accounting, habitat and diversity, timber and water supplies, economic competitiveness, and the economic health of forest dependent communities. Enhancing the capability to effectively address these forest issues is critical to the state of Washington. To meet this need, the University of Washington school of forest resources will continue to work with the various interests concerned with the state's forest resources, including the legislature, state and federal governments, environmental organizations, local communities, the timber industry, and tribes, to improve these entities' ability to competitively recruit, educate, and train a high quality workforce. In order to meet these goals, it is important to our state, and in particular the University of Washington, to continue to have strong undergraduate and graduate programs in forestry and natural resources to provide well-trained professionals to meet workforce needs.
[ 2011 c 187 s 2; 2010 c 188 s 2.]
Notes:
Findings—Intent—2011 c 187: See note following RCW 76.44.020.
Findings—Intent—2010 c 188: "(1) The legislature finds that sustainably managed commercial forestry produces jobs and revenue while also providing clean water, clean air, renewable energy, wildlife habitat, open space, and carbon storage, among other ecological values. For these reasons, maintaining a base of forestlands that may be utilized for sustainably managed commercial forestry is of utmost importance to the state.
(2) The legislature finds that the promotion and fostering of the economic success of the forest products industry with the goal of keeping sustainably managed forestry as a priority land use, and helping to secure the timber managing, growing, harvesting, transporting, and manufacturing jobs is made possible by a vibrant working forestland base.
(3) The legislature further finds that maintaining sustainable working forests is important for the quality of life of all Washingtonians, and that sustainable forest practices can help to maintain and restore the vitality of Washington's communities while also helping to preserve Washington's natural landscapes and ecosystems.
(4) The legislature further finds that it is necessary to assist landowners in gaining access to additional sources of revenue, such as emerging ecosystem services markets, and to help landowners diversify their incomes, improve the ecological functions of their lands, and pass their lands and the lands' associated benefits to future generations.
(5) The legislature further finds that the conservation and restoration of forest ecosystems provide services to the residents of the state that help improve water and habitat quality, help avoid carbon emissions, help address impacts associated with climate change, and help natural resources adapt to these impacts.
(6) The legislature further finds that ecosystem services markets can lead to efficient, innovative, and effective conservation and restoration actions and facilitate improved integration of public and private investment.
(7) Therefore, it is the intent of the legislature to develop tools to facilitate small and industrial forestland owners' access to market capital from existing and emerging ecosystem services markets.
(8) The legislature further intends to enable forestland owners who provide ecosystem services access to financing to protect, restore, and maintain the ecological values provided by protection of public resources." [ 2010 c 188 s 1.]

catchline: Addressing issues facing the forest sector.


title: RCW 76.44.080

text:
(1) The director of the school of forest resources at the University of Washington may, at the discretion of the director, appoint and maintain an eleven-member policy advisory committee to advise the director on policies for the institute of forest resources that are consistent with the institute's objectives as provided in this chapter.
(2) If activated, the membership of the policy advisory committee must represent, to the extent possible, the various interests concerned with the institute of forest resources, including state and federal agencies, tribal governments, conservation and environmental organizations, urban forestry interests, rural communities, industry, and business.
(3) Members of the advisory committee may not receive any salary or other compensation for service on the advisory committee. However, each member may be compensated, at the discretion of the director of the institute, for each day in actual attendance at or traveling to and from meetings of the advisory committee in accordance with RCW 43.03.220 together with travel expenses in accordance with RCW 43.03.050 and 43.03.060.
[ 2011 c 187 s 6.]
Notes:
Findings—Intent—2011 c 187: See note following RCW 76.44.020.


title: RCW 76.44.090

text:
The director of the school of forest resources at the University of Washington shall coordinate the various cooperatives and centers within the school of forest resources to promote a holistic, efficient, and integrated approach that broadens the research and outreach programs and addresses issues facing the forest sector.
[ 2011 c 187 s 7.]
Notes:
Findings—Intent—2011 c 187: See note following RCW 76.44.020.

catchline: Director to coordinate cooperatives and centers.


title: RCW 76.48.011

text:
(1) It is in the public interest of this state to protect an important natural resource and to provide protection to the landowners of the state of Washington from the theft of specialized forest products.
(2) To satisfy this public interest, this chapter is intended to:
(a) Provide law enforcement with reasonable tools;
(b) Reasonably protect landowners from theft;
(c) Ensure that requirements are not unduly burdensome to those harvesting, transporting, possessing, and purchasing specialized forest products;
(d) Craft requirements that are clear and readily understandable; and
(e) Establish requirements that are able to be administered and enforced consistently statewide.
[ 2009 c 245 s 2; 1967 ex.s. c 47 s 2. Formerly RCW 76.48.010.]
Notes:
Finding—Intent—2009 c 245: "(1) The legislature finds that the specialized forest products work group created pursuant to section 2, chapter 392, Laws of 2007 produced a number of consensus recommendations to the legislature as to how the permitting requirements of chapter 76.48 RCW can be improved. In making recommendations, the work group focused on the goals enumerated in RCW 76.48.011.
(2) It is the intent of the legislature to enact those recommendations contained in the report submitted to the legislature from the specialized forest products work group in December 2008 that require statutory modifications.
(3) It is also the intent of the legislature for the department of natural resources, along with other state and local agencies, to take those administrative actions necessary to execute the recommendations contained in the report that do not require statutory changes. When taking administrative actions regarding specialized forest products, those actions should, when appropriate, be conducted consistent with recommendations contained in the report submitted to the legislature from the specialized forest products work group." [ 2009 c 245 s 1.]

catchline: Declaration of public interest.


title: RCW 76.48.021

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Artistic cedar product" means a product made from the wood of a cedar tree, including western red cedar, that is not included in the definition of "cedar products" and has been carved, turned, or otherwise manipulated to more than an insignificant degree with the objective intent to be an artistic expression and that would be or is recognized by the applicable local market as having an economic value greater than the value of the raw materials used. Examples of artistic cedar products include, but are not limited to:
(a) Chainsaw carvings;
(b) Hand carvings;
(c) Decorative bowls and boxes.
(2) "Authorization" means a properly completed preprinted form authorizing the transportation or possession of Christmas trees prepared consistent with RCW 76.48.041.
(3) "Bill of lading" means a written or printed itemized list or statement of particulars pertinent to the transportation or possession of a specialized forest product prepared consistent with RCW 76.48.041.
(4) "Cascara bark" means the bark of a Cascara tree.
(5)(a) "Cedar products" means the following if made from the wood of a cedar tree, including western red cedar:
(i) Shake and shingle bolts;
(ii) Fence posts and fence rails;
(iii) Logs not covered by a valid approved forest practices application or notification under chapter 76.09 RCW; and
(iv) Other pieces measuring fifteen inches or longer.
(b) "Cedar products" does not include those materials identified in the definition of "processed cedar products" or "artistic cedar products."
(6) "Christmas trees" means any evergreen trees including fir, pine, spruce, cedar, and other coniferous species commonly known as Christmas trees. The definition of Christmas trees includes trees with or without the roots intact and the tops of the trees. The definition of Christmas trees does not include trees without limbs or branches.
(7) "Cut or picked evergreen foliage" means evergreen boughs, huckleberry foliage, salal, fern, Oregon grape, rhododendron, mosses, bear grass, and other cut or picked evergreen products. "Cut or picked evergreen foliage" does not include cones, berries, any foliage that does not remain green year-round, seeds, or any plant listed on the state noxious weed list under RCW 17.10.080.
(8) "Department" means the department of natural resources.
(9) "First specialized forest products buyer" means the first person that receives any specialized forest products after they leave the harvest site.
(10) "Harvest" means to separate, by cutting, prying, picking, peeling, breaking, pulling, splitting, or otherwise removing, a specialized forest product. "Harvest" includes both removing a specialized forest product from its original physical connection with the land and collecting a specialized forest product that has been previously separated from the land.
(11) "Harvest site" means each location where one or more persons are engaged in harvesting specialized forest products close enough to each other that communication can be conducted with an investigating law enforcement officer in a normal conversational tone.
(12) "Huckleberry" means the following species of edible berries, if they are not nursery grown: Big huckleberry (Vaccinium membranaceum), Cascade blueberry (Vaccinium deliciosum), evergreen huckleberry (Vaccinium ovatum), red huckleberry (Vaccinium parvifolium), globe huckleberry (Vaccinium globulare), oval-leaf huckleberry (Vaccinium ovalifolium), Alaska huckleberry (Vaccinium alaskaense), dwarf huckleberry (Vaccinium caespitosum), western huckleberry (Vaccinium occidentale), bog blueberry (Vaccinium uliginosum), dwarf bilberry (Vaccinium myrtillus), and grouse whortleberry (Vaccinium scoparium).
(13) "Landowner" means, with regard to real property, the private owner, the state of Washington or any political subdivision, the federal government, or a person who by deed, contract, or lease has authority to harvest and sell the specialized forest products of the property. "Landowner" does not include the purchaser or successful high bidder at a public or private timber sale.
(14) "Native ornamental trees and shrubs" means any trees or shrubs which are not nursery grown and which have been removed from the ground with the roots intact.
(15) "Permittee" means a person who is authorized by a permit issued consistent with this chapter to harvest, possess, and transport specialized forest products or to sell huckleberries.
(16) "Permittor" means the landowner of the land from where specialized forest products were, or are planned to be, harvested under a permit issued consistent with this chapter.
(17) "Person" includes the plural and all corporations, foreign or domestic, copartnerships, firms, and associations of persons.
(18) "Processed cedar products" means products made from the wood of a cedar tree, including western red cedar, that have undergone more than an insignificant degree of value-added processing and are not included in the definition of "cedar products." Examples of processed cedar products include, but are not limited to:
(a) Shakes;
(b) Shingles;
(c) Hop poles;
(d) Pickets; and
(e) Stakes.
(19) "Sales invoice" means a written or printed itemized list or statement of particulars pertinent to the transportation or possession of a specialized forest product prepared consistent with RCW 76.48.041.
(20) "Secondary specialized forest products buyer" means any person who receives any specialized forest products after the transaction with the first specialized forest products buyer.
(21) "Specialized forest products" means the following:
(a) Specialty wood;
(b) More than five Christmas trees;
(c) More than five native ornamental trees and shrubs;
(d) More than twenty pounds of cut or picked evergreen foliage;
(e) More than five pounds of Cascara bark; and
(f) More than five United States gallons of wild edible mushrooms.
(22) "Specialized forest products permit" or "permit" means a printed document and all attachments completed in compliance with the requirements of this chapter and includes both validated permits and verifiable permits.
(23) "Specialty wood" means:
(a) A cedar product; or
(b) Englemann spruce, Sitka spruce, big leaf maple, or western red alder that:
(i) Is in logs, chunks, slabs, stumps, or burls;
(ii) Is capable of being cut into a segment that is without knots in a portion of the surface area at least nineteen inches long and seven and a [one-] quarter inches wide when measured from the outer surface toward the center;
(iii) Measures:
(A) Nineteen inches or longer;
(B) Greater than one and three-quarter inches thick; and
(C) Seven and one-quarter inches or greater in width; and
(iv) Is being harvested or transported from areas not associated with the concurrent logging of timber stands:
(A) Under a forest practices application approval or notification received by the department under chapter 76.09 RCW; or
(B) Under a contract or permit issued by an agency of the United States government.
(24) "Specialty wood processor" means any person who purchases, takes, or retains possession of specialty wood for later sale in the same or modified form following removal and delivery from the land where harvested.
(25) "Transportation" means the physical conveyance of specialized forest products outside or off of a harvest site by any means.
(26) "True copy" means a replica of a specialized forest products permit reproduced as provided in RCW 76.48.051.
(27) "Validated permit" means a permit that is validated as required under this chapter prior to the harvest, transportation, or possession of specialized forest products.
(28) "Verifiable permit" means a permit that contains the required information allowing a law enforcement officer to verify the validity of the information contained on the permit but that does not require validation prior to the harvest, transportation, or possession of specialized forest products.
(29) "Wild edible mushrooms" means edible mushrooms not cultivated or propagated by domestic means.
[ 2009 c 245 s 3; 2008 c 191 s 9; 2007 c 392 s 3; 2005 c 401 s 1; 2000 c 11 s 18; 1995 c 366 s 1; 1992 c 184 s 1; 1979 ex.s. c 94 s 1; 1977 ex.s. c 147 s 1; 1967 ex.s. c 47 s 3. Formerly RCW 76.48.020.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1995 c 366 s 19.]


title: RCW 76.48.031

text:
(1) Except as provided in RCW 76.48.211, a completed specialized forest products permit issued under this chapter is required prior to engaging in the following activities:
(a) Harvesting any specialized forest products from any lands, including his or her own land.
(b) Possessing or transporting any specialized forest products, unless the person has in his or her possession either of the following in lieu of a permit:
(i) A true copy of the permit;
(ii) If the person is transporting the specialized forest product from a location other than the harvest site or is a first or secondary specialized forest products buyer, a sales invoice, bill of lading, or, for the possession and transportation of Christmas trees only, an authorization if a copy of the authorization has been filed prior to the harvest of the Christmas trees with the sheriff's office for the county in which the Christmas trees are to be harvested;
(iii) A bill of lading or documentation issued in or by another state, a Canadian province, or the federal government indicating the true origin of the specialized forest products as being outside of Washington; or
(iv) If the products were harvested within the operational area defined by a valid forest practices application or notification under chapter 76.09 RCW, a sequentially numbered load ticket generated by the landowner or the landowner's agent that includes, at a minimum, all information required on a bill of lading and the forest practices application number.
(c) Selling, or offering for sale, any amount of raw or unprocessed huckleberries, regardless if the huckleberries were harvested with the consent of the landowner, unless the possessor of the huckleberries being offered for sale is able to show that the huckleberries originated on land owned by the United States forest service and displays a valid permit from the United States forest service that lawfully entitles the possessor to harvest the huckleberries in question.
(2)(a) Unless otherwise designated by the permittor as provided in this subsection, a permit or true copy must be readily available for inspection at each harvest site.
(b) An individual permit or true copy must be carried and made readily available for inspection by each individual permittee at a harvest site if the permittor designated an individual permit or true copy as an additional condition or limitation specified on the permit under RCW 76.48.081.
[ 2009 c 245 s 4; 2008 c 191 s 3; 2005 c 401 s 3; 1995 c 366 s 5; 1992 c 184 s 2; 1979 ex.s. c 94 s 5; 1977 ex.s. c 147 s 5; 1967 ex.s. c 47 s 7. Formerly RCW 76.48.060.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Specialized forest products permits—Required—Inspection.


title: RCW 76.48.041

text:
An authorization, sales invoice, or bill of lading must specify the following in order to satisfy the requirements of this chapter:
(1) The date of the product's transportation.
(2) The amount and type of specialized forest products being transported.
(3) The name and address of the person receiving the specialized forest products.
(4) The name and address of the first or secondary specialized forest products buyer, specialty wood processor, or other person from where the specialized forest products are being transported.
(5) The name of the driver transporting the specialized forest products.
(6) The license plate number of the vehicle transporting the specialized forest product.
[ 2009 c 245 s 5; 1979 ex.s. c 94 s 7; 1967 ex.s. c 47 s 9. Formerly RCW 76.48.080.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Contents of authorization, sales invoice, or bill of lading.


title: RCW 76.48.051

text:
(1) A true copy of a specialized forest products permit is valid if:
(a) The copy is reproduced by a copy machine capable of effectively reproducing the permit information required under RCW 76.48.081; and
(b)(i) The permittee has provided an original signature in the space provided on the face of the copy.
(ii) An actual signature of the permittor is also required for a true copy to be valid if the permittor indicates on the space provided for signatures on the original permit that the actual signature of the permittor is required for the validation of any copies.
(2) A true copy is effective until the expiration date of the underlying permit unless an earlier date is provided by the signatories to the copy.
(3) Either signatory to a permit may condition the use of the true copy for only harvesting, only possessing, only transporting, or a combination of harvesting, possessing, and transporting the associated specialized forest products by indicating the limitations of the true copy on the permit or the copy.
(4) Any permittee issuing a true copy must record and retain for one year the following information:
(a) The date the true copy is issued;
(b) The license plate number and make and model of the vehicle to be used with the true copy;
(c) The name and address of the person receiving the true copy;
(d) The unique number assigned to a valid state identification document issued to the person; and
(e) The expiration date of the true copy.
[ 2009 c 245 s 6.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Specialized forest products permit—True copy.


title: RCW 76.48.061

text:
(1)(a) Except for the sale of huckleberries, the permit requirements of RCW 76.48.031 may be satisfied with either a validated permit or a verifiable permit. The decision to use a validated or verifiable permit must be made and agreed upon jointly by the permittee and the permittor.
(b) For the sale of huckleberries, only a validated permit satisfies the requirements of RCW 76.48.031.
(2)(a) Forms for both validated permits and verifiable permits must be provided by the department and be made available in reasonable quantities through county sheriff offices and other locations deemed appropriate by the department.
(b) In designing the forms, the department shall ensure that:
(i) All mandatory requirements of this chapter are satisfied;
(ii) The type of permit is clearly marked on the form;
(iii) Each permit is separately numbered and the issuance of the permits are by unique numbers; and
(iv) The form is designed in a manner allowing a permittor to require his or her signature on all true copies as provided in RCW 76.48.051.
(3) Permit forms must be completed in triplicate for each property and in each county in which specialized forest products are proposed to be harvested or huckleberries sold.
(4)(a) Within five business days after the signature of the permittor on the form for a verifiable permit, as required in RCW 76.48.081, the original permit form must be provided by the permittee to the sheriff of the county in which the specialized forest products are to be harvested. The permittee may provide the permit form in a manner convenient to the permittee and the sheriff's office, including in-person presentation or by mail. If mailed, the permit form must be postmarked within the time window established under this subsection.
(b) Upon full completion, as provided in RCW 76.48.081, the permit form for a validated permit must, except for permits to sell huckleberries, be mailed or presented for validation to the sheriff of the county in which the specialized forest products are to be harvested. Validated permits relating to the sale of huckleberries may be validated by the sheriff of any county in the state.
(5) Two copies of the permit must be retained by the permittee, of which one copy must be given or mailed to the permittor by the permittee. The original permit must be retained in the office of the county sheriff for the purposes of verifying the permit, if necessary.
(6) All permits expire no later than the end of the calendar year in which they are issued.
(7) Permits provided under this section are subject to any other conditions or limitations that the permittor may specify.
(8) Before a permit form is accepted or validated by a sheriff, sufficient personal identification may be required to reasonably identify the person mailing or presenting the permit form. The sheriff may conduct other investigations as deemed necessary to determine the validity of the information alleged on the form.
(9) In the event a single land ownership is situated in two or more counties, a permit form must be completed, as provided in this section, for the portions of the ownership situated in each county.
(10) Permits that are validated by or provided to a sheriff's office under this section must be maintained by that office for a length of time determined by the appropriate records retention schedule.
[ 2009 c 245 s 7.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Permit requirements.


title: RCW 76.48.071

text:
(1) Forms for a verifiable permit become valid for the purposes of RCW 76.48.031 upon the completion of all information required by RCW 76.48.081.
(2) Forms for a validated permit become valid for the purposes of RCW 76.48.031 upon the validation of the form by the appropriate county sheriff.
[ 2009 c 245 s 8.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Validation of forms for verifiable permits and validated permits.


title: RCW 76.48.081

text:
(1) A specialized forest products permit form may not be validated or accepted for verification by a sheriff unless the permit satisfies the requirements of this section.
(2) A properly completed permit form shall include:
(a) The date of its execution and expiration;
(b) The name, address, up to three telephone numbers, and signature of the permittee and permittor;
(c) The type of specialized forest products to be harvested or transported;
(d) The approximate amount or volume of specialized forest products to be harvested or transported;
(e)(i) For validated permits only, the parcel number or the legal description of the property from which the specialized forest products are to be harvested or transported;
(ii) For verifiable permits only:
(A) The parcel number for where the harvesting is to occur, unless the owner of the parcel actually lives at the parcel and the parcel's boundaries comprise an area one acre in size or smaller;
(B) The address of the property where the harvesting is to occur if the owner of the property lives at the parcel and the parcel's boundaries comprise an area less than one acre;
(C) The name of the county where the harvesting is to occur; and
(D) An accurate report or statement from the county assessor of the county where the specialized forest products are to be harvested that provides clear evidence that the permittor named on the verifiable permit is the owner of the parcel named on the permit;
(f) A description by local landmarks of where the harvesting is to occur, or from where the specialized forest products are to be transported;
(g) For specialty wood, a copy of a map or aerial photograph, with defined permitted boundaries, included as an attachment to the permit;
(h)(i) For validated permits, a copy of a valid picture identification of the permittee on the copy of the permit form that is presented to the sheriff; and
(ii) For verifiable permits, the unique number assigned to a valid state identification document for both the permittee and permittor; and
(i) The details of any other condition or limitation which the permittor may specify.
(3) For permits intended to satisfy the requirements of RCW 76.48.031 relating to the sale of huckleberries, the permit:
(a) Must, in addition to the requirements of subsection (2) of this section, also contain information relating to where the huckleberries were, or plan to be, harvested, and the approximate amount of huckleberries that are going to be offered for sale; and
(b) Must include a statement designed to inform the possessor that permission from the landowner is still required prior to the harvesting of huckleberries.
[ 2009 c 245 s 9; 2008 c 191 s 2; 2005 c 401 s 2; 1995 c 366 s 4; 1979 ex.s. c 94 s 4; 1977 ex.s. c 147 s 4; 1967 ex.s. c 47 s 6. Formerly RCW 76.48.050.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Specialized forest products permits—Expiration—Specifications.


title: RCW 76.48.091

text:
(1) County sheriffs may contract with other entities to serve as authorized agents to accept and validate permits under RCW 76.48.061. Entities that a county sheriff may contract with include the department, the United States forest service, the bureau of land management, local police departments, and other entities as decided upon by the county sheriffs' departments.
(2) An entity that contracts with a county sheriff to serve as an authorized agent under this section may make reasonable efforts to verify the information provided on the permit form such as the legal description or parcel number of the area where harvesting is to occur.
(3) All processes and requirements applicable to county sheriffs under RCW 76.48.061 also apply to entities contracted under this section.
[ 2009 c 245 s 10; 1995 c 366 s 15. Formerly RCW 76.48.062.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Acceptance and validation of permits—Authorized agents.


title: RCW 76.48.101

text:
(1) It is unlawful for any first or secondary specialized forest products buyer, or for any other person, to purchase, take possession of, or retain specialized forest products subsequent to the harvesting and prior to the retail sale of the products unless the supplier of the product displays:
(a) An apparently valid permit required by RCW 76.48.031;
(b) A true copy of an apparently valid permit; or
(c) When applicable:
(i) A bill of lading, authorization, sales invoice, or a government-issued documentation, prepared consistent with RCW 76.48.031 indicating the true origin of the specialized forest products as being outside of Washington;
(ii) If the products were harvested within the operational area defined by a valid forest practices application or notification under chapter 76.09 RCW, a sequentially numbered load ticket generated by the landowner or the landowner's agent that includes, at a minimum, all information required on a bill of lading and the forest practices application number; or
(iii) A statement claiming the products offered for sale are otherwise exempt from the permit requirements of this chapter under RCW 76.48.211.
(2) In addition to the requirements of RCW 76.48.111, specialty wood processors are required to ensure that a bill of lading, authorization, or sales invoice accompanies all specialty wood upon the receipt of the specialty wood into or the shipping of the specialty wood out of the property of the specialty wood processor.
[ 2009 c 245 s 11; 2005 c 401 s 7; 1979 ex.s. c 94 s 9; 1977 ex.s. c 147 s 11. Formerly RCW 76.48.094.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Possession of specialized forest products by first or secondary buyer—Display of documentation—Specialty wood processors.


title: RCW 76.48.111

text:
(1)(a) First and secondary specialized forest products buyers and huckleberry buyers are required to record:
(i) If the person is a first specialized forest product buyer, the permit number or, if applicable, a sequentially numbered load ticket generated by the landowner or the landowner's agent that includes, at a minimum, all information required on a bill of lading and the forest practices application or notification number if the seller claims the specialized forest product in question is exempt from the permit requirements of this chapter, as provided in RCW 76.48.211, due to its harvest within the operational area defined by a valid forest practices application or notification under chapter 76.09 RCW;
(ii) Whether or not the products were accompanied by a bill of lading, authorization, or sales invoice;
(iii) The type of specialized forest product purchased, and, if applicable, an indication that huckleberries were purchased;
(iv) The name of the seller;
(v) The amount of specialized forest product or huckleberries purchased;
(vi) The date of delivery;
(vii) The name of the person driving the vehicle in which the specialized forest products were transported to the buyer, as confirmed by a visual inspection of the applicable driver's license, unless the buyer has previously recorded the driver's information in an accessible record; and
(viii) Except for transactions involving Christmas trees, the license plate number of the vehicle in which the specialized forest products were transported to the buyer.
(b) First and secondary specialized forest products buyers shall keep a record of this information, along with any accompanying bill of lading, sales invoice, or authorization, for a period of one year from the date of purchase and must make the records available for inspection upon demand by enforcement officials authorized under RCW 76.48.181 to enforce this chapter.
(c) In lieu of a permit number or forest practices identification and load ticket number, the buyer may, when applicable, note that the seller claims that the products offered for sale are exempt from the permit requirements of this chapter under RCW 76.48.211, or were lawfully transported into Washington from out of state. All other information required by this section must be recorded.
(2) This section does not apply to buyers of specialized forest products at the retail sales level.
(3) Records of buyers of specialized forest products and huckleberries collected under this section may be made available to colleges and universities for the purpose of research.
[ 2009 c 245 s 12; 2008 c 191 s 4; 2005 c 401 s 6; 2000 c 11 s 19; 1995 c 366 s 14. Formerly RCW 76.48.085.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Specialized forest products buyers and huckleberry buyers—Required records.


title: RCW 76.48.121

text:
Every first or secondary specialized forest products buyer purchasing specialty wood and every specialty wood processor must prominently display the business license issued under RCW 19.02.070 and endorsed with the respective licenses or registrations or a copy of the business license at each location where the buyer or processor receives specialty wood if the first or secondary specialized forest products buyer or specialty wood processor is required to possess a license incorporated into the business licensing system created in chapter 19.02 RCW.
[ 2013 c 144 s 49; 2011 c 298 s 34; 2009 c 245 s 13; 2005 c 401 s 9; 1995 c 366 s 9; 1979 ex.s. c 94 s 11; 1977 ex.s. c 147 s 13. Formerly RCW 76.48.098.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Display of business license.


title: RCW 76.48.131

text:
It is unlawful for any person to:
(1) Sell or attempt to sell huckleberries, or harvest, possess, or transport specialized forest products in violation of RCW 76.48.031;
(2) Engage in activities or phases of harvesting specialized forest products not authorized by a permit under this chapter;
(3) Harvest specialized forest products in any lesser quantities than those specified in RCW 76.48.031 without first obtaining permission from the landowner or the landowner's authorized agent or representative; or
(4) Harvest huckleberries in any amount using a rake, mechanical device, or any other method that damages the huckleberry bush.
[ 2009 c 245 s 14; 2007 c 392 s 4; 1995 c 366 s 2; 1979 ex.s. c 94 s 2; 1977 ex.s. c 147 s 2; 1967 ex.s. c 47 s 4. Formerly RCW 76.48.030.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Unlawful acts.


title: RCW 76.48.141

text:
(1) It is unlawful for any person, upon official inquiry, investigation, or other authorized proceedings, to:
(a) Offer as genuine any paper, document, or other instrument in writing purporting to be a specialized forest products permit, true copy of a permit, authorization, sales invoice, bill of lading, or other document required under this chapter; or
(b) To make any representation of authority to possess or conduct harvesting or transporting of specialized forest products, or to conduct the sale of huckleberries, with knowledge that the representation of authority is in any manner false, fraudulent, forged, or stolen.
(2) It is unlawful for any person to produce a document for a first or secondary specialized forest products buyer purporting to be a true and genuine permit when delivering or attempting to deliver a specialized forest product with knowledge that the document is in any manner false, fraudulent, forged, or stolen.
(3) Any person who knowingly or intentionally violates this section is guilty of a class C felony punishable by imprisonment in a state correctional institution for a maximum term fixed by the court of not more than five years or by a fine of not more than five thousand dollars, or by both imprisonment and fine.
[ 2009 c 245 s 15; 2008 c 191 s 7; 2003 c 53 s 373; 1995 c 366 s 12; 1979 ex.s. c 94 s 14; 1977 ex.s. c 147 s 9; 1967 ex.s. c 47 s 13. Formerly RCW 76.48.120.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: False, fraudulent, forged, or stolen specialized forest products permit, sales invoice, bill of lading, etc.—Penalty.


title: RCW 76.48.151

text:
(1) Except as provided in RCW 76.48.141, a person who violates a provision of this chapter is guilty of a gross misdemeanor punishable by a fine of not more than one thousand dollars, imprisonment in the county jail for up to three hundred sixty-four days, or by both a fine and imprisonment.
(2) In any prosecution for a violation of this chapter's requirements to obtain or possess a specialized forest products permit, true copy, bill of lading, authorization, or sales invoice, it is an affirmative defense, if established by the defendant by a preponderance of the evidence, that:
(a) The specialized forest products were harvested from the defendant's own land; or
(b) The specialized forest products were harvested with the permission of the landowner.
[ 2011 c 96 s 56; 2009 c 245 s 16; 2007 c 392 s 1; 1995 c 366 s 13; 1977 ex.s. c 147 s 10; 1967 ex.s. c 47 s 14. Formerly RCW 76.48.130.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Penalties—Affirmative defense.


title: RCW 76.48.161

text:
(1) The court presiding over the conviction of any person for a violation of RCW 76.48.141 or 76.48.151 who has been convicted of violating either RCW 76.48.141 or 76.48.151 at least two other times shall order up to a three-year suspension of that person's privilege to obtain a specialized forest products permit under this chapter.
(2) If a court issues a suspension under this section after a conviction involving the misuse of a permit with a specified permittor, the legislature requests that the court notify the permittor listed on the permit of the suspension.
(3) Nothing in this section limits the ability of a court to order the suspension of any privileges related to specialized forest products as a condition of probation regardless of whether the person has any past convictions.
[ 2009 c 245 s 17.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Multiple convictions for violating RCW 76.48.141 or 76.48.151—Suspension of privileges to obtain a specialized forest products permit.


title: RCW 76.48.171

text:
All fines collected for violations of this chapter shall be paid into the general fund of the county treasury of the county in which the violation occurred and distributed equally among the district courts in the county, the county sheriff's office, and the state treasurer. The portion of the revenue provided to the state treasurer must be distributed to the specialized forest products outreach and education account created in RCW 76.48.251.
[ 2009 c 245 s 18; 2005 c 401 s 12; 1977 ex.s. c 147 s 15. Formerly RCW 76.48.140.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Disposition of fines.


title: RCW 76.48.181

text:
(1) Primary enforcement responsibility of this chapter belongs with county sheriffs. However, other entities that may enforce this chapter include:
(a) The department;
(b) The Washington state patrol;
(c) County or municipal police forces;
(d) Authorized personnel of the United States forest service; and
(e) Authorized personnel of the department of fish and wildlife.
(2) The legislature encourages county sheriffs' offices to enter into interlocal agreements with these other agencies in order to receive additional assistance with their enforcement responsibilities.
[ 2009 c 245 s 19; 1995 c 366 s 3; 1994 c 264 s 51; 1988 c 36 s 49; 1979 ex.s. c 94 s 3; 1977 ex.s. c 147 s 3; 1967 ex.s. c 47 s 5. Formerly RCW 76.48.040.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Agencies responsible for enforcement of chapter.


title: RCW 76.48.191

text:
(1) A law enforcement officer may take into custody and detain for a reasonable time any specialized forest products, authorizations, sales invoices, bills of lading, other documents, and vehicles in which the specialized forest products were transported if, under official inquiry, investigation, or other authorized proceeding regarding specialized forest products not covered by a valid permit or other acceptable document as provided in this chapter, the inspecting law enforcement officer has probable cause to believe that the specialized forest products were obtained in violation of this chapter until the true origin of the specialized forest products can be determined.
(2) A law enforcement officer may retain a specialized forest products permit, true copy of a permit, authorization, sales invoice, bill of lading, or other document required under this chapter if the officer reasonably suspects that the document is forged in violation of RCW 76.48.141, fraudulent, or stolen, until the authenticity of the document can be verified.
(3)(a) If no arrest is made at the conclusion of the official inquiry, investigation, or other authorized proceeding for a violation of this chapter or another state law, all materials detained under this section must be returned to the person or persons from whom the materials were taken.
(b)(i) If an arrest does follow the inquiry, investigation, or authorized proceeding, and the law enforcement officer has probable cause to believe that a person is selling or attempting to sell huckleberries, or is harvesting, in possession of, or transporting specialized forest products in violation of this chapter, any specialized forest products or huckleberries found at the time of arrest may be seized.
(ii) If the specialized forest product triggering the arrest is specialty wood, the law enforcement officer may also seize any equipment, vehicles, tools, or paperwork associated with the arrest.
(c) Materials seized under this chapter are subject to the provisions of RCW 76.48.201.
[ 2009 c 245 s 20.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Detention of specialized forest products and documentation.


title: RCW 76.48.201

text:
(1)(a) Reasonable protection must be provided for any equipment, vehicles, tools, paperwork, huckleberries, or specialized forest products seized under RCW 76.48.191 during the period of adjudication unless the court before which the arrested person is ordered to appear orders the disposal of any or all of the seized materials.
(b) Given the perishable nature of huckleberries and specialized forest products, the seizing agency may sell the product at fair market value and retain all proceeds until a final disposition of the case has been reached.
(2) Upon any disposition of the case by the court, the court shall:
(a) Make a reasonable effort to return all materials seized under RCW 76.48.191 to its lawful owner or owners; or
(b) Order the disposal of or return of any or all materials seized under this section, including tools, vehicles, equipment, paperwork, or specialized forest products.
(3) If the court orders the disposal of seized materials, it may:
(a) Pay the proceeds of any sale of seized specialized forest products or huckleberries, less any reasonable expenses of the sale, to the lawful owner; or
(b) Pay the proceeds of any sale of seized tools, equipment, or vehicles, less any reasonable expenses of the sale or, if applicable, towards any outstanding court costs, and then to the lawful owner or owners.
(4) If, for any reason, the proceeds of any sale of materials seized under this section cannot be provided to the lawful owner, the proceeds of the sale, less reasonable expenses relating to the sale, shall be paid to the treasurer of the county in which the violation occurred for deposit into the county general fund and for distribution equally among the district courts in the county, the county sheriff's office, and the state treasurer. The portion of the revenue provided to the state treasurer must be distributed to the specialized forest products outreach and education account created in RCW 76.48.251.
(5) The owner or owners of materials seized under RCW 76.48.191 must be offered an opportunity to appeal an order for the disposal of the seized materials.
(6) The return of materials seized under RCW 76.48.191, or the payment of the proceeds of any sale of products seized to the owner, shall not preclude the court from imposing any fine or penalty upon the violator for the violation of the provisions of this chapter.
[ 2009 c 245 s 21; 2008 c 191 s 6; 2005 c 401 s 11; 1995 c 366 s 11; 1979 ex.s. c 94 s 13; 1977 ex.s. c 147 s 8; 1967 ex.s. c 47 s 12. Formerly RCW 76.48.110.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Protection of items seized under RCW 76.48.191—Disposition of items.


title: RCW 76.48.211

text:
Except as otherwise conditioned, this chapter does not apply to:
(1) Nursery grown products.
(2) The following products when harvested within the operational areas as defined by a valid forest practices application or notification under chapter 76.09 RCW, and when the person harvesting is able to provide a sequentially numbered load ticket provided by the landowner or the landowner's agent that includes, at a minimum, all information required on a bill of lading and the forest practices application or notification number, or under a contract or permit issued by an agency of the United States government:
(a) Logs;
(b) Speciality wood;
(c) Cut or picked evergreen foliage;
(d) Poles;
(e) Pilings; or
(f) Other major forest products from which substantially all of the limbs and branches have been removed.
(3) Noncommercial harvest, transportation, or possession by the landowner, the landowner's agent, representative, or lessee of specialized forest products originating from property belonging to the landowner.
(4) Harvest, transportation, or possession of specialized forest products by:
(a) A governmental entity or the entity's agent for the purposes of clearing or maintaining the governmental entity's right-of-way or easement; or
(b) A public or regulated utility or the utility's agent for the purpose of clearing or maintaining the utility's right-of-way or easement.
[ 2009 c 245 s 22; 2005 c 401 s 10; 1995 c 366 s 10; 1979 ex.s. c 94 s 12; 1977 ex.s. c 147 s 7; 1967 ex.s. c 47 s 11. Formerly RCW 76.48.100.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Exemptions.