Chapter 5.40
RIGHT TO CONDUCT FOREST PRACTICES
Sections:
5.40.020 Restrictions—Exceptions.
5.40.030 Spraying operations—Signs.
5.40.010 Definitions.
As used in this chapter:
“Commercial harvesting” means a condition or activity which occurs in a forest in connection with the commercial harvesting of wood products.
“Forest” means any parcel of land containing merchantable timber.
“Forest practices” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting or processing timber, including but not limited to:
(1) Road and trail construction;
(2) Harvesting, final and intermediate;
(3) Precommercial thinning;
(4) Reforestation;
(5) Fertilization and spraying;
(6) Prevention and suppression of diseases and insects;
(7) Salvage of trees; and
(8) Brush control.
“Forest products” means those trees that produce wood and wood fiber for the production of building materials, paper, fuel and other by-products useful to the citizens of our county, state and nation.
“Generally accepted forest management practices” means those historic practices and those practices as defined by the State of Washington Forest Practices Act.
“Persons” means an individual, corporation, partnership, association or other legal entity. (Res. 94-174 § 1, 12/27/94).
5.40.020 Restrictions—Exceptions.
(a) A forest practice shall not be found to be a public or private nuisance if the forest practice conforms to generally accepted forestry and management practices.
(b) A forest practice shall not be found to be a public or private nuisance if the forest practice operation existed before a change in the land use or occupancy of adjacent land or other land in the general area.
(c) Forest practices shall not be restricted to time of day or days of the week, but shall be conducted according to general accepted forest and management practices.
(d) A forest practice shall not be found to be a public or private nuisance when conducted according to generally accepted management practices when in turn these practices may be subject to varying conditions which include but are not limited to—geographical location, weather, soil types and conditions, and management systems. (Res. 94-174 §§ 2—5, 12/27/94).
5.40.030 Spraying operations—Signs.
During any spraying operations, foresters may post county-approved caution signs on county rights-of-way that read “Caution Spraying In Progress.” (Res. 94-174 § 6, 12/27/94).