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(1) Applicability. Forest practices (including road construction) subject to Chapter 76.09 RCW, the Washington State Forest Practices Act and its implementing regulations at WAC Title 222 conducted within all land use districts shall be subject to the provisions of this chapter. However, only conversions, lifting development moratoriums, and COHP, which are addressed in CCC 27.11.400, 27.11.500, and 27.11.700, are subject to a forestry permit from Clallam County. Forest practices may also be subject to the 2021 Clallam County Shoreline Master Plan, Critical Areas Code, and other Clallam County codes. Outside of shoreline and critical areas, the cutting of less than 5,000 board feet per year is not subject to this chapter.

(2) Application Requirements for Clallam County Forestry Permits. An application for Type 1 and 2 forestry permits including conversions, lifting development moratoriums, and COHP shall be submitted to DCD for review and approval on a form to be determined by the DCD Administrator (Administrator). The application shall include:

(a) The application checklist, including a legal description of the property;

(b) The signature of the landowner of the property giving consent of the processing of the permit;

(c) A written narrative specifying the proposed timber harvest addressing each applicable standard of this section and other applicable Clallam County codes (such as shorelines and critical areas);

(d) A description and map describing legal access to the property;

(e) Written authorization from the property owner agreeing to permit Clallam County to access the property to ensure compliance with the nonforestry-related conditions of the forestry permit issued by the DNR.

(f) The application fees are outlined in the Clallam County DCD Planning Division Fee Schedule.

(3) Site Plan Requirements for Clallam County Forestry Permits. The following shall be depicted either in required narrative above and/or on the site plan detailing the following (as applicable):

(a) Location of existing and proposed roads, yarding areas, and access points;

(b) The general description of the topography of the entire site (including slope direction and percent slope);

(c) General location of dominant plant type (i.e., trees, shrubs, grassland);

(d) A general description of the variety of tree species present on the site. This should include the size, age and general location;

(e) General location and type of soils;

(f) Location and type of water bodies, drainage ways, or wetlands;

(g) Location and type of shoreline and critical areas;

(h) Shoreline and critical area buffers where trees/vegetation will be retained;

(i) How the proposal complies with all of the requirements of the Clallam County Shoreline Master Plan, Critical Areas Code, and other applicable Clallam County codes;

(j) Areas where trees/vegetation will be retained including snags;

(k) Approximate limits of harvest area;

(l) General location and intended nonforestry use(s), if known;

(m) Areas to be reforested;

(n) Location and areas of desired timber to harvest along with desired harvest technique. This includes selective (species) harvest, partial/thinning cut, clear cuts/even-aged harvest, trees to be retained (leave trees) or other (please describe); and

(o) Parcel boundaries and dimensions.

(4) Criteria for County Forestry Permits. County forestry permits are reviewed by the DCD Administrator who shall approve, approve with conditions, or deny the application based on consistency with the following criteria:

(a) The applicable standards of this title;

(b) The Comprehensive Plan, CCC Title 31;

(c) The Zoning Code, CCC Title 33;

(d) The Shoreline Master Program, CCC Title 35;

(e) The Environmental Policy Code, Chapter 27.01 CCC;

(f) The Critical Areas Code, Chapter 27.12 CCC;

(g) The Stormwater Management Code, Chapter 27.14 CCC;

(h) The Consolidated Development Permit Process Code, Chapter 26.10 CCC;

(i) The public health, safety, welfare, use and interest;

(j) The proposed action is consistent with land uses within the zoning district in which it is located and in the vicinity of the subject property;

(k) Forest practices law found in Chapter 76.09 RCW and as implemented through the Forest Practices Act (Chapter 222 WAC).

(5) Emergency Conditions. No prior notification or application shall be required for emergency forest practices necessitated by and commenced during or immediately after fire, windstorm, earthquake, structural failure or other catastrophic event. Within 48 hours after commencement of such practice the operator shall submit an application or notification to the DNR with an explanation why emergency action was necessary so that the DNR may evaluate the appropriateness of the “emergency” and of the actions taken. Such emergency forest practices are subject to Chapter 76.09 RCW, WAC Title 222, and County authorities derived from them (including the requirements of this code); provided, that the operator:

(a) May take any reasonable action to minimize damage to forest lands, timber or public resources from the direct or indirect effects of the catastrophic event; and

(b) Shall comply with any requirements of a notice to comply or stop work order as if the operations were conducted pursuant to an approved application. (RCW 76.09.060(7); WAC 222-20-070.)

(6) Harvesting Timber Without a Permit. When harvesting takes place without a permit, except as provided in subsection (5) of this section, the County may impose the six-year moratorium of CCC 27.11.500(1) from the date the unpermitted harvesting was discovered by the DNR or the County. If the land is converted to nonforestry use, this also constitutes an illegal conversion that is subject to the enforcement provisions of CCC 27.11.600(1). (RCW 76.09.060(3)(b)(i)(C) and (c).)