18H.20.050 Conversion Option Harvest Plans (COHP).
A. Process. A Conversion Option Harvest Plan (COHP) is a voluntary plan required of a Class II, III, or IV-Special forest practices operation, pre-approved by Pierce County, produced to preserve the forest landowners' option to convert that forest land to a non-commercial forest use, as well as exempt the forest landowner from the development moratorium. COHPs are approved by the county to provide a landowner with the flexibility of harvesting timber upon their land prior to applying for a development permit, but still maintain the option to convert that land to a non-commercial forestry use. Sites that meet their jointly approved COHP conditions are not subject to the 6-year development moratorium ordinarily imposed under Chapter 76.09 RCW.
B. Application Filing. An application for a COHP shall be reviewed for completeness in accordance with Departmental submittal standards checklist and pursuant to Title 18 PCC, Development Regulations – General Provisions, and any applicable standards set forth in RCW 76.09 and its rules.
C. General Requirements.
1. A COHP shall include a narrative description of the objectives of the timber harvest, relationship of the harvest to future development of the site, built and natural features present at the site, measures to be taken to preserve and protect critical areas, harvest method, including type of equipment to be used, and the expected dates of commencement, and completion of all harvest activity.
2. The COHP shall be submitted prior to application for development and/or conducting forest practices on the project site.
3. The COHP shall be approved by the Department prior to the submittal of the associated forest practices permit to the DNR.
4. The approval of a COHP shall not release a landowner from the requirement to reforest a site pursuant to Chapter 222-34 WAC. The site shall be reforested to the standards of Chapter 222-34 WAC if not converted (issuance of a building permit or site development permit, preliminary plat approval or use permit approval) within three years from the issuance of an associated forest practices permit by the Washington Department of Natural Resources (DNR).
5. The COHP shall comply with all applicable standards and provisions of the Pierce County Code and Chapter 76.09 RCW.
6. The COHP shall result in the removal of not more than 90 percent of the total volume of merchantable timber, by species, throughout the gross area of the parcel. Retained trees shall consist of timber that is equivalent to the average size, species, and age of the harvested trees. Trees should be selected for retention based upon a consideration of windthrow potential, wildlife value, aesthetics, and compatibility with future development. Narrow strips of trees along a parcel's perimeter boundaries should be avoided due to windthrow potential. Trees located inside regulated wetlands may be included toward the 10 percent retention requirement.
7. Significant Trees. At a minimum, 30 percent of all significant trees as identified within Table 18J.15.030-1 shall be retained. Garry (Oregon White) Oak trees and stands meeting the criteria set forth in PCC 18E.40.020 D. (Habitats of Local Importance) shall be subject to additional retention and protection pursuant to PCC 18E.40.040 C.
8. Trees Proposed for Retention. Trees proposed for retention must meet the following minimum standards:
a. Must have a post-development life expectancy of greater than 10 years;
b. Must have a relatively sound and solid trunk with no extensive decay or hollow and no significant trunk damage;
c. Must have no major insect or pathological problem;
d. Must have no significant crown damage;
e. Must be fully branched and generally proportional in height and breadth for the tree age; and
f. Individual trees and groupings of trees proposed for retention must be windfirm in their post logging state.
D. Burden of Proof. The applicant has the burden of proving that the COHP complies with the provisions of this Title.
E. Approval Authority.
1. The Director shall review all requests for approvals, any comments received, and applicable County regulations or policies, and shall inspect the property prior to rendering a decision.
2. The Director may approve an application for a COHP, 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.
3. A Pierce County approved COHP application shall be submitted to the DNR in association with the pertinent Class II, III, or IV-Special forest practices application. A COHP shall not be final until the County approves the COHP and the Department of Natural Resources issues the associated forest practices application or notification.