Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1992 NO. 20 >

1.  RCW 76.09.060(3) provides that a forest practices application shall indicate whether any land covered by the application will be converted or is intended to be converted to a use other than commercial timber production within three years after completion of the forest practices described in it.  If the application does not state conversion is intended, for six years after the date of the application, a local government may deny all applications for permits or approvals relating to nonforestry uses of land subject to the application.  2.  If a prior landowner did not indicate an intention to convert land to a use other than commercial timber production, RCW 76.09.060 empowers a local government to deny application for permits or approvals relating to nonforestry uses of land subject to the application filed by a subsequent owner of the land for six years after the date of the application by the prior landowner. 3.  If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new landowner may convert the land to a use incompatible with timber growing, assuming such a change is lawful in other respects.  4.  If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new forest practices application is necessary if the activity is a forest practice for which a forest practices application is required.

AGLO 1974 NO. 89 >

Chapter 137, Laws of 1974, 1st Ex. Sess., does not authorize the forest practices board to promulgate a rule which would require all state and local governmental agencies to file their authorized rules, regulations or ordinances affecting forest practices with the department of natural resources, and to be subject to an opinion by the attorney general, before those agencies may enforce such rules, regulations or ordinances in regulating activities which would constitute forest practices under that act.