wa-law.org > bill > 2025-26 > HB 2620 > Original Bill
When the legislature enacted the forests and fish law in 1999, it established a balanced, science-based approach to forest management. The adaptive management process was central to that design, ensuring that new forest practice rules would be guided by data, peer review, and collaboration among landowners, agencies, tribes, and environmental interests. That process was meant to protect both salmon habitat and the economic stability of working forests. In good faith, landowners and small forest operators have invested billions of dollars to meet those obligations, under the promise that any further changes would follow the same lawful process.
The legislature finds that the adoption of the western Washington type nonfish bearing stream water buffer rule by the forest practices board on November 12, 2025, has demonstrated a serious substantive and procedural deviation from the policies and intent of the adaptive management process and the state administrative procedure act, chapter 34.05 RCW.
The legislature finds that this rule was the result of a process that has distorted the purpose of the adaptive management program by equating the total length of time involved in the rule making with the sufficiency of the process. The adaptive management process was intended to enhance, not evade, the benefits of collaboration, review, and input established under the administrative procedure act. Only one proposal was available for analysis and consideration by the rule-making stage, resulting in a rule making that provided no reasonable alternatives and was ultimately approved by only seven of the forest practices board's 13 members. The scientific studies underlying the sole proposal considered faced significant criticism for the methodologies, scope, and extrapolations on which their conclusions were based. Both major studies were based on short-term monitoring, limited habitats, extreme examples of harvest scenarios, and using a standard of harm that did not establish actual threats to aquatic resources as intended under the adaptive management program's parameters.
The deficiencies demonstrated from both the process of this rule making and its result will have serious impacts on Washington communities, most acutely on those rural communities whose schools, fire districts, and other essential services are dependent on forest revenue. By removing over 200,000 acres of productive, working forest from use, thousands of family-wage jobs and materials for much needed homes are at risk.
The legislature also finds that the forest practices board lacks a measurable standard by which to evaluate the impact of its rules on the viability of the timber industry, as required under the forests and fish law, now codified as RCW 76.09.370. Without a measurable metric, this fundamental pillar of the adaptive management program does not have its intended functional meaning in the rule-making process.
Therefore, the legislature intends to invalidate the western Washington type nonfish bearing stream water buffer rule as adopted on November 12, 2025, and direct the forest practices board to restart a riparian buffering rule making that aligns with the robust process anticipated under the forests and fish law. The legislature intends to require the development of a measurable standard of economic viability to allow for the evaluation of actual impacts on the timber industry. The legislature also intends to ensure that future rules regarding riparian buffers follow a rule-making process that includes reasonable alternatives for analysis and results in rules that meet established standards.
By January 1, 2027, the board shall initiate and complete a process to establish a standard for economic viability of the timber industry to ensure that rules developed pursuant to the adaptive management process under RCW 76.09.370 align with the state policy established in the forest and fish report and incorporated under RCW 76.09.370 (2) and (7). The standard for economic viability must provide a quantifiable metric for evaluating impacts on the timber industry including, at a minimum, the small forest landowner market share and the amount of timber harvest needed to maintain operational mills in timber-producing regions of the state, to ensure its long-term economic resilience and sustainable returns on investment.
By April 1, 2027, the board shall initiate a process to restart a rule making to consider changes to the standards for riparian buffers around type nonfish bearing streams in accordance with RCW 76.09.040(5). In this process, the board shall:
Reevaluate whether the scientific studies used to inform the western Washington type nonfish bearing stream water buffer rule making on November 12, 2025, demonstrated an actual decline in aquatic resources over a monitoring period that reflects real-world long-term landscape cycles; and
If consensus is not reached as to (a) of this subsection, conduct additional scientific studies with sufficient monitoring periods, habitat ranges, and established causation mechanisms to demonstrate actual impacts on aquatic resources.
In carrying out this section, the board must give significant consideration to any relevant recommendations from the small forest landowner advisory committee created in RCW 76.13.110 and any private organizations that represent the interests of small forest landowners.
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Where necessary to accomplish the purposes and policies stated in RCW 76.09.010, and to implement the provisions of this chapter, the board shall adopt forest practices rules pursuant to chapter 34.05 RCW and in accordance with the procedures enumerated in this section that:
Establish minimum standards for forest practices;
Provide procedures for the voluntary development of resource management plans which may be adopted as an alternative to the minimum standards in (a)(i) of this subsection if the plan is consistent with the purposes and policies stated in RCW 76.09.010 and the plan meets or exceeds the objectives of the minimum standards;
Set forth necessary administrative provisions;
Establish procedures for the collection and administration of forest practice fees as set forth by this chapter; and
Allow for the development of watershed analyses.
Forest practices rules pertaining to water quality protection shall be adopted by the board after reaching agreement with the director of the department of ecology or the director's designee on the board with respect to these rules. All other forest practices rules shall be adopted by the board.
Forest practices rules shall be administered and enforced by either the department or the local governmental entity as provided in this chapter. Such rules shall be adopted and administered so as to give consideration to all purposes and policies set forth in RCW 76.09.010.
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The board shall prepare proposed forest practices rules consistent with this section and chapter 34.05 RCW. In addition to any forest practices rules relating to water quality protection proposed by the board, the department of ecology may submit to the board proposed forest practices rules relating to water quality protection.
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The board shall hold one or more hearings on the proposed rules pursuant to chapter 34.05 RCW. Any county representative may propose specific forest practices rules relating to problems existing within the county at the hearings.
The board may adopt and the department of ecology may approve such proposals if they find the proposals are consistent with the purposes and policies of this chapter.
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The board shall incorporate into the forest practices rules those fish protection standards in the rules adopted under chapter 77.55 RCW, as the rules existed on July 10, 2012, that are applicable to activities regulated under the forest practices rules. If fish protection standards are incorporated by reference, the board shall minimize administrative processes by utilizing the exception from the administrative procedures controlling significant legislative rules under RCW 34.05.328(5)(b)(iii) for the incorporation of rules adopted by other state agencies.
Thereafter, the board shall incorporate into the forest practices rules any changes to those fish protection standards in the rules adopted under chapter 77.55 RCW that are: (i) Adopted consistent with RCW 77.55.361; and (ii) applicable to activities regulated under the forest practices rules. If fish protection standards are incorporated by reference, the board shall minimize administrative processes by utilizing the exception from the administrative procedures controlling significant legislative rules under RCW 34.05.328(5)(b)(iii) for the incorporation of rules adopted by other state agencies.
The board shall establish and maintain technical guidance in the forest practices board manual, as provided under WAC 222‑12‑090 as it existed on July 10, 2012, to assist with implementation of the standards incorporated into the forest practices rules under this section. The guidance must include best management practices and standard techniques to ensure fish protection.
The board must complete the requirements of (a) of this subsection and establish initial technical guidance under (c) of this subsection by December 31, 2013.
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The board shall establish by rule a program for the acquisition of riparian open space and critical habitat for threatened or endangered species as designated by the board. Acquisition must be a conservation easement. Lands eligible for acquisition are forestlands within unconfined channel migration zones or forestlands containing critical habitat for threatened or endangered species as designated by the board. Once acquired, these lands may be held and managed by the department, transferred to another state agency, transferred to an appropriate local government agency, or transferred to a private nonprofit nature conservancy corporation, as defined in RCW 64.04.130, in fee or transfer of management obligation. The board shall adopt rules governing the acquisition by the state or donation to the state of such interest in lands including the right of refusal if the lands are subject to unacceptable liabilities. The rules shall include definitions of qualifying lands, priorities for acquisition, and provide for the opportunity to transfer such lands with limited warranties and with a description of boundaries that does not require full surveys where the cost of securing the surveys would be unreasonable in relation to the value of the lands conveyed. The rules shall provide for the management of the lands for ecological protection or fisheries enhancement. For the purposes of conservation easements entered into under this section, the following apply:
For conveyances of a conservation easement in which the landowner conveys an interest in the trees only, the compensation must include the timber value component, as determined by the cruised volume of any timber located within the channel migration zone or critical habitat for threatened or endangered species as designated by the board, multiplied by the appropriate quality code stumpage value for timber of the same species shown on the appropriate table used for timber harvest excise tax purposes under RCW 84.33.091;
For conveyances of a conservation easement in which the landowner conveys interests in both land and trees, the compensation must include the timber value component in (a)(i) of this subsection plus such portion of the land value component as determined just and equitable by the department. The land value component must be the acreage of qualifying channel migration zone or critical habitat for threatened or endangered species as determined by the board, to be conveyed, multiplied by the average per acre value of all commercial forestland in western Washington or the average for eastern Washington, whichever average is applicable to the qualifying lands. The department must determine the western and eastern Washington averages based on the land value tables established by RCW 84.33.140 and revised annually by the department of revenue.
Subject to appropriations sufficient to cover the cost of such an acquisition program and the related costs of administering the program, the department must establish a conservation easement in land that an owner tenders for purchase; provided that such lands have been taxed as forestlands and are located within an unconfined channel migration zone or contain critical habitat for threatened or endangered species as designated by the board. Lands acquired under this section shall become riparian or habitat open space. These acquisitions shall not be deemed to trigger the compensating tax of chapters 84.33 and 84.34 RCW.
Instead of offering to sell interests in qualifying lands, owners may elect to donate the interests to the state.
Any acquired interest in qualifying lands by the state under this section shall be managed as riparian open space or critical habitat.
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Any rule making initiated under this chapter that creates or modifies standards for riparian buffers must:
In the absence of full consensus at the development and recommendation stage, propose and analyze a range of reasonable alternatives in the formal rule-making process under RCW 34.05.328, including at least one no action alternative as a baseline for comparison; and
Consider and analyze the proposed rule, including any alternatives under this subsection (5)(a), against the standard for economic viability of the timber industry developed under section 2 of this act.
A dispute resolution process that does not result in a range of reasonable alternatives for consideration under (a)(i) of this subsection may not be used in the absence of full consensus for a rule making under this subsection. If a dispute resolution process is used, the minority report or reports must be considered in the range of alternatives.
Any rule adopted under this chapter that creates or modifies standards for riparian buffers must meet the least burdensome alternative standard under RCW 34.05.328(1)(e) and the standard for economic viability of the timber industry developed under section 2 of this act.
The legislature finds that the process that produced the forests and fish report was instigated by the forest practices board, the report is the product of considerable negotiations between several diverse interest groups, and the report has the support of key federal agencies. When adopting permanent rules under this section, the forest practices board is strongly encouraged to follow the recommendations of the forests and fish report, but may include other alternatives for protection of aquatic resources. If the forest practices board chooses to adopt rules under this section that are not consistent with the recommendations contained in the forests and fish report, the board must notify the appropriate legislative committees of the proposed deviations, the reasons for the proposed deviations, and whether the parties to the forests and fish report still support the agreement. The board shall defer final adoption of such rules for 60 days of the legislative session to allow for the opportunity for additional public involvement and legislative oversight.
The forest practices board shall follow the regular rules adoption process contained in the administrative procedure act, chapter 34.05 RCW, when adopting permanent rules pertaining to forest practices and the protection of aquatic resources except as limited by subsection (1) of this section. The permanent rules must accomplish the policies stated in RCW 76.09.010 without jeopardizing the economic viability of the forest products industry.
The rules adopted under this section should be as specific as reasonably possible while also allowing an applicant to propose alternate plans in response to site-specific physical features. Alternate plans should provide protection to public resources at least equal in overall effectiveness by alternate means.
Rule making under subsection (2) of this section shall be completed by June 30, 2001.
The board should consider coordinating any environmental review process under chapter 43.21C RCW relating to the adoption of rules under subsection (2) of this section with any review of a related proposal under the national environmental policy act (42 U.S.C. Sec. 4321, et seq.).
After the board has adopted permanent rules under subsection (2) of this section, changes to those rules and any new rules covering aquatic resources may be adopted by the board but only if the changes or new rules are consistent with recommendations resulting from the scientifically based adaptive management process established by a rule of the board, and for rules regarding riparian buffers, RCW 76.09.040(5). Any new rules or changes under this subsection need not be based upon the recommendations of the adaptive management process if: (a) The board is required to adopt or modify rules by the final order of any court having jurisdiction thereof; or (b) future state legislation directs the board to adopt or modify the rules.
In adopting permanent rules, the board shall incorporate the scientific-based adaptive management process described in the forests and fish report which will be used to determine the effectiveness of the new forest practices rules in aiding the state's salmon recovery effort. The purpose of an adaptive management process is to make adjustments as quickly as possible to forest practices that are not achieving the resource objectives. The adaptive management process shall incorporate the best available science and information, include protocols and standards, regular monitoring, a scientific and peer review process, and provide recommendations to the board on proposed changes to forest practices rules to meet timber industry viability, as that standard is established by the board under section 2(1) of this act, and salmon recovery.
The forest practices board shall repeal the rule, western Washington type nonfish bearing stream water buffer rule making, which was adopted on November 12, 2025.
The forest practices board may not adopt a rule substantially the same as the rule described in subsection (1) of this section, or any other rule amending chapter 222-30 WAC or otherwise modifying the standards for riparian buffers, until the process under section 2(1) of this act is complete, and unless the rule is in accordance with RCW 76.09.040(5) and section 2 (2) and (3) of this act.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.