18H.20.030 Class IV-General Forest Practices.
A. State and Local Approval. Pursuant to the RCW, Pierce County is designated lead agency for compliance with the State Environmental Policy Act. Pierce County is also permitted to exercise any: (1) Land use planning or zoning authority, (2) Taxing powers, (3) Regulatory authority with respect to public health, and (4) Authority granted by Chapter 90.58 RCW (Shoreline Management Act); provided, that the land use planning or zoning authority regulations shall not be inconsistent with the forest practice regulations enacted under Chapter 76.09 RCW. Accordingly, a SEPA threshold determination is required to be obtained from Pierce County prior to obtaining a Class IV-General forest practices permit from Pierce County. Prior to conducting any forest practices defined as Class IV-General, an approved Class IV-General forest practices permit shall be obtained from Pierce County.
B. Application Filing. Applications for Class IV-General approvals shall be reviewed for completeness in accordance with Departmental submittal standards checklist and pursuant to Title 18 PCC, Development Regulations – General Provisions.
C. General Requirements.
1. An application for a Class IV-General approval shall be submitted prior to conducting forest practices on the project site.
2. A Class IV-General approval shall not be issued until a SEPA threshold determination has been issued for the proposed forest practices.
3. A Class IV-General approval shall not be issued until either a Site Development permit, which addresses the proposed logging and associated clearing, has been issued, or it is determined by Pierce County that a Site Development permit is not required.
4. A Class IV-General approval will not be issued until any pending development permit applications that are associated with the site have been approved/issued.
5. Where an interlocal agreement regarding tree preservation has been entered into between a city or town and Pierce County, the city's or town's tree preservation standards shall be applied to forest practices occurring within their designated urban growth area or urban service area, if those standards are more restrictive.
6. Class IV-General forest practices shall comply with all applicable provisions of the Pierce County Code, including the Tree Conservation provisions of Chapter 18J.15 PCC.
7. Class IV-General forest practices shall comply with any conditions of approval established through the associated development permit or approval.
8. Class IV-General forest practices conducted on land in an Urban Growth Area (UGA) that are not associated with an application for land division or subdivision, use permit, commercial building permit, or single- or two-family residential building permit shall be limited to the removal of not more than 35 percent of the total volume of merchantable timber throughout the gross area of the parcel during any 6-year period, or until one of these development permit applications is approved/issued and another Class IV-General forest practices is obtained.
9. The site shall be posted with a copy of the issued Class IV-General approval prior to the initiation of timber harvest and until the harvest is finished at the main entrance to the property in such a manner that it is visible to the general public without having to trespass on the property.
D. Required Findings. A Class IV-General approval may be issued by the Director only if all of the following findings can be made regarding the proposal and are supported by the record:
1. The granting of the proposed Class IV-General approval will not be detrimental to the public health, safety, and general welfare.
2. The granting of the proposed Class IV-General approval will not be injurious to the property or improvements adjacent to and in the vicinity of the proposal.
3. The granting of the proposed Class IV-General approval will not result in significant adverse environmental impacts.
4. The granting of the proposed Class IV-General approval is consistent with the general requirements set forth in 18H.20.030 C.
5. The granting of the proposed Class IV-General approval is consistent and compatible with the goals, objectives, and policies of the Comprehensive Plan, appropriate community plan, and the provisions of this Title.
E. Burden of Proof. The applicant has the burden of proving that the forest practices comply with the provisions of this Title.
F. Approval Authority.
1. The Director shall review all requests for approvals, any comments received, and applicable County regulations or policies, and may inspect the property prior to rendering a decision.
2. The Director may approve an application, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this Title.