27.11.500 Regulations governing continuance of forestry use.
(1) Mandatory Six-Year Development Moratorium. The cutting and removal of trees through a Class II, Class III and Class IV special forest practices (as defined by RCW 76.09.050 and WAC 222-16-050), where the forest practice application (FPA) indicates that the harvested area is retained in forestry use/commercial timber management, will be subject to a development moratorium imposed under WAC 222-20-050(3) and RCW 76.09.060(3)(d). For a period of six years from the date the DNR forest practice application was approved and/or timber harvested, the County shall deny all applications for uses incompatible with growing trees, including but not limited to building permits, septic system permits, or subdivision approvals of areas subject to the application. (RCW 76.09.060(3)(b)(i),(ii), and (iii).)
(2) Exceptions to Development Moratorium. The following are not subject to a development moratorium:
(a) A Class IV general FPA.
(b) A COHP approved by Clallam County; provided, that the provisions of the COHP are implemented through the FPA issued by DNR.
(c) Approved Class II, III or IV special FPA applications that have either been withdrawn or expired, and no harvest in reliance upon such approval has taken place.
(d) Areas where no timber was harvested under the FPA.
(e) Expansions, alterations, or maintenance of existing structures or the construction of accessory structures within developed areas (i.e., area not in forestry use as documented by current use or taxing program).
(f) Land divisions/boundary line adjustments done for purposes of conservation of open space/natural areas or on portions of the property where no timber harvest occurred.
(3) Release of Moratorium.
(a) Process and Notice. A property owner can wait until the required time period expires for the moratorium or apply to have the development moratorium released.
(i) The Administrator may “release” the development moratorium for the construction of one single-family residence and related accessory buildings on a legal lot and building site subject to a Type I review.
(ii) A release from a development moratorium, other than a single-family residence and related accessory buildings, shall be subject to a Type II procedure.
(iii) Prior to taking action on a request for release, and following the Type I or Type II procedure, the Administrator shall provide notice as provided by CCC 26.10.410. This shall include soliciting comments from adjacent owners (per CCC 26.10.410(2)(a), (b) and (c)); appropriate federal/State departments, and Tribal governments.
(b) Criteria for Release of Moratorium. A release of development moratorium through a Type I or II process (see above) is subject to the following findings:
(i) The person requesting the release did not attempt to avoid the County review or restrictions of a conversion forest practices application, which may be demonstrated by a transfer of property;
(ii) Environmentally sensitive areas and their buffers, and shoreline area as set forth in this code and the Shoreline Master Program were not damaged in the forest practice operation, or that any such damage is repairable with restoration; and
(iii) Corrective action can be undertaken to provide for compliance with applicable conversion standards established by this section which shall include the preparation of the applicable report to address the critical area impacted per CCC 27.12.800 through 27.12.865. This shall at a minimum ensure the restoration of major development buffers (specified in Chapter 27.12 CCC). Another option would be to obtain critical area permits (per CCC 27.12.700 through 27.12.740) that the proposal would have been required to meet since this activity is no longer exempt from the critical areas review under CCC 27.12.035(10). If the timber harvest has already impacted the critical areas, the required review of the critical areas permits shall be reviewed as if the timber harvest has not occurred and the critical areas were in their pre-harvest condition.
(iv) The harvest of trees through a Class II, or III, or IV special FPA did not undermine the County’s ability to efficiently ensure the transition from forestry to nonforestry use. The removal of trees shall be coordinated with the likely subsequent use of the property (i.e., require landscaping buffers/screening between uses).