35.15.170 Regulations.
(1) Timber harvesting and forest practices activities within the shoreline jurisdiction shall be conducted in accordance with the Washington State Forest Practices Act (Chapter 76.09 RCW), WAC Title 222, and the 1999 Forest and Fish Report, and any regulations adopted pursuant thereto and are not regulated by this Program except as expressly provided herein.
(2) All timber harvesting situated within 200 feet abutting landward of the ordinary high water mark with shorelines of statewide significance shall be conducted consistent with RCW 90.58.150 (selective harvest), as amended. Only selective commercial timber cutting may be permitted so that no more than 30 percent of the merchantable trees may be harvested in any 10-year period of time; further provided, that:
(a) Other timber harvesting methods may be permitted in those limited instances where the topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental; and
(b) Clear cutting of timber which is solely incidental to the preparation of land for other uses authorized by this chapter may be permitted.
The County may allow exceptions to the 30 percent limit with a conditional use permit in accordance with RCW 90.58.150 and WAC 173-26-241(3)(e).
(3) Within the shoreline jurisdiction, other development activities associated with timber harvesting, such as filling, excavation, and building roads and structures, that meet the statutory definition of development, shall require a shoreline substantial development permit or conditional use permit, as specified in Table 2-2 of this Program. Such activities shall comply with the applicable provisions of Chapters: 35.30 CCC, Shoreline Buffers and Vegetation Conservation; 35.35 CCC, Critical Areas within Shoreline Jurisdiction; 35.40 CCC, Mitigation and No Net Loss; and with the applicable articles: Article II of Chapter 35.25 CCC, Clearing, Grading and Filling; Article III of Chapter 35.25 CCC, Public Access; Article IV of Chapter 35.25 CCC, Water Quality and Water Management; and Article V of Chapter 35.25 CCC, Archaeological, Historical and Cultural Resources.
(4) Conversion of forest land to nonforestry uses (Class IV – general conversion forest practices permit) shall be reviewed in accordance with the provisions for the proposed nonforestry use and the general policies and regulations in Chapter 35.25 CCC and shall be subject to any permit requirements associated with the nonforestry use.
(5) When forest land is to be converted to another use, such conversion shall be clearly indicated on the Forest Practices application. Such failure to declare intent to convert on the application shall provide grounds for the denial of subsequent development proposals for a period of six years from the date of the Forest Practices application approval (RCW 76.09.060(3)(d)).
(6) Those lands harvested and not reforested under a Class I, II, or III Forest Practices permit or subject to a notice of conversion to nonforestry use under RCW 76.09.060 shall be subject to denial of all applications for County permits and approvals for a period of six years, as authorized by the Forest Practices Act. The Administrator may consider removal of the moratorium on County permits and approvals subject to full compliance with the Forest Practices Act (RCW 76.09.460 or 76.09.470) and this Program.