Wash. Rev. Code § 76.09.150

Current through 2024

Section 76.09.150 - Inspection-Right of entry

(1) The department shall make inspections of forestlands, before, during, and after the conducting of forest practices as necessary for the purpose of ensuring compliance with this chapter, the forest practices rules, including forest practices rules incorporated under RCW 76.09.040(3), and to ensure that no material damage occurs to the natural resources of this state as a result of forest practices.

(2) Any duly authorized representative of the department shall have the right to enter upon forestland at any reasonable time to enforce the provisions of this chapter and the forest practices rules.

(3) The department or the department of ecology may apply for an administrative inspection warrant to either Thurston county superior court, or the superior court in the county in which the property is located. An administrative inspection warrant may be issued where:

(a) The department has attempted an inspection of forestlands under this chapter to ensure compliance with this chapter and the forest practices rules or to ensure that no potential or actual material damage occurs to the natural resources of this state, and access to all or part of the forestlands has been actually or constructively denied; or

(b) The department has reasonable cause to believe that a violation of this chapter or of rules adopted under this chapter is occurring or has occurred.

(4) In connection with any watershed analysis, any review of a pending application by an identification team appointed by the department, any compliance studies, any effectiveness monitoring, or other research that has been agreed to by a landowner, the department may invite representatives of other agencies, tribes, and interest groups to accompany a department representative and, at the landowner's election, the landowner, on any such inspections. Reasonable efforts shall be made by the department to notify the landowner of the persons being invited onto the property and the purposes for which they are being invited.

RCW 76.09.150

Amended by 2012SP1 c 1,§ 207, eff. 7/10/2012.

2000 c 11 § 7; 1999 sp.s. c 4 § 802; 1974 ex.s. c 137 § 15.

Finding-Intent-Limitation-Jurisdiction/authority of Indian tribe under act-2012 1st sp.s. c 1: See notes following RCW 77.55.011.

Authority of department of fish and wildlife under act-2012 1st sp.s. c 1: See note following RCW 76.09.040.

Part headings not law-1999 sp.s. c 4: See note following RCW 77.85.180.