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HomeMy WebLinkAboutord2004-015HI ATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -075C COCA RANGES lntaal Dare Dare Recmved in Council Office Agenda Date Assinedw, Originator Kun R. Baeumgarren yb 9 /]] /0 \. p f ?r ', " J 9 -23 -03 Introduction Dndedo„Head: Sylvia Goodwin -7 -03 70 fesources Committee 1 p pptyy(',`..�r COUNCY NVr2. V tA'YI COUNCIL 0(Vaturaf aunt Dept. Head: Hal Hart I Prosecutor. Karen £rakes } Purrhrang/Budire - Executive: Pere Kremen SUBJECT: Ordinance adopting a endments to Chapter 8 Resource Lands — Forest Resource Lands Section of the Whateom County Comprehensive Plan. ATTACHMENTS: (1) Proposed ordinance reflecting the Planning Commission's recommendations (2) Planning Commission Findings ofFacl & Reasons for Action, Conclusions, and Recommendations (3) Planning Commission minutes M1'oie: Background materials are available for review at the County Councils ice. SEPA review required? ( x ) Yes ( J NO Should Clerk schedule a hearing? ( ) Yes ( x') NO SEPA review completed? ( x ) Yes ( ) NO Requested Dale: I A hearing must be held if the Council changes the Planning Commission recommendation WCC 20.10.110. SUMMARY STATEMENT: Amending Chapter 8 Resource Lands — Distribution Request Forest Resource Lands Section of the Whateom County Comprehensive Plan. The main objectives of this section are to maintain and enhance the Indicate those who slimed recent, a copy after Councd action. List Specific names to the right. natural resource -based timber industry while encouraging the conservation ADS Facilities management of productive forest lands and discouraging incompatible uses. ADS Finance Note: The subject proposal is one of a number of comprehensive plan ADS Human Resources amendments initiated this year. These amendments must be considered concurrently by the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36.70A.130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final p Council action on these amendments should occur on or about November ADS Info Services Assessor Keith Wil/nauer Auditor Cooperative Eeiensi ^^ District coon Fxensure 30. Health Hearing Examiner Jail COUNCIL ACTION TAKEN: Juvenile Parks 3. Introduced 003, Discussed in Natural Resources and Council - Planning Hal Hart Prosecutor ng to be scheduled /2003'. Public hearing held- Foresail to concurrency ing 004'. Adopted 6 -0, Nelson absent, Ord. #2004 -015 Public Works Sher Superior Court LRei Tres urenance or ResoluliogpVunrber_ , . 015 (this item): Zbc)4( '�K7— 1.2 Planning Division \Comp Plan Amendments\OOmp Plan 2003CMP2003 -00009 (Chapter 8 Forestry Section) -ARAoe 9/112003 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 9/23/03 ORDINANCE # 2004 -015 AMENDING CHAPTER 8 RESOURCE LANDS - FOREST RESOURCE LANDS SECTION OF THE WHATCOM COUNTY COMPREHENSIVE PLAN WHEREAS, The Growth Management Act requires counties and cities to review and, if needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW 36.70A.130); and WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held public hearings on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments and made certain modifications; WHEREAS, The County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on May 8, 2003. 2. The Planning Commission held a public hearing on the subject amendment on May 22, 2003. 3. A determination under the State Environmental Policy Act (SEPA) is anticipated in July of 2003, prior to concurrent review of the amendments by the Planning Commission. 4. Growth Management Act (GMA) planning goal eight directs the County to "Maintain and enhance natural resource -based industries, including productive timber, agriculture, and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses." PI 5. Public comment was received from the Whatcom County Forestry Forum on May 9, 2002. CONCLUSIONS 1. The subject amendments are consistent with Growth Management Act, County Wide Planning Policies, and Whatcom County Comprehensive Plan. The proposal is consistent with the public interest because it encourages the appropriate use of Forest Resource Lands within Whatcom County. It further supports the industries associated with forestry to ensure that it remain as a viable component of our local economy. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 9 day of march , 2004 APPR VED as to form: Civil Deputy Prosecutor P. 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON f, i/xo Dan McShane, Chairperson ( Ap roved () Denied Pete Kremen, Executive Date: EXHIBIT A Chapter Eight RESOURCELANDS FOREST RESOURCE LANDS - INTRODUCTION Purpose This section contains policies to guide Whatcom County in conservation of forest resources land of long -term commercial significance, and to implement the provisions of the Growth Management Act, the adopted County -Wide Planning Policies, and the citizen developed Visioning Community Value Statements. Process Whatcom County has implemented zoning regulations for forest land since the 1970s. With the passage of the Growth Management Act, the county began to review the zoning classifications which had been previously in place. The county's Forest Resource Lands Program was established to review the current forest designations and zoning regulations for compliance with the Growth Management Act. The Planning Division began preliminary project work in early 1991. At that time, a citizens' advisory committee was formed to review draft forest land definitions, criteria, and designations. The Forest Resource Lands Citizens' Advisory Committee was composed of small forest landowners, industrial forest landowners, representatives of the Washington State Department of Natural Resources, forestry consultants, and private citizens. The committee reviewed the interim designation of forest resource lands, reviewed the Rural Forestry and Commercial Forestry zones, and made recommendations for changes in the zoning text regulating these two forestry zones. In addition, the committee reviewed and made recommendations for a Right -To- Practice - Forestry ordinance. In 1992, the committee's recommendations went forward to the Planning Commission, which by and large accepted the committee's proposals. The Planning Commission passed on to the County Council the forest lands designations and, by the end of 1993, the County Council had adopted the Planning Commission's recommendations, with minor changes. The forest resource land designations and policies fulfilled the Growth Management Act's interim designation and conservation requirements for resource lands. In March 1994, the Citizens' Advisory Committee was reconvened to develop and recommend goals and policies for the comprehensive land use plan. These goals and polices are presented below. The goals and policies are a compilation of the previously existing county goals regarding forest lands, statements from the Visioning Committee's work, and statements generated by the committee. These goals and policies reflect a broad consensus of the community for the conservation and utilization of the forest resources of Whatcom County. GMA Requirements Designation and conservation of forest resource lands of long -term commercial significance is required under the Growth Management Act (RCW 36.70A.060). The Growth Management Act [RCW 36.70A.030 (8)] erigiaall defineds forest lands as follows: "Forest land" means lands primarily devoted to growing trees for long -term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long -term commercial significance. In determining whether forest land is primarily devoted to growing trees for long -term commercial timber production on land that can be economical and practically managed for such production, the following factors shall be considered: (a) the proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long -term economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses. The Washington State Office of Community Development recommends (WAC 365- 190 -060) that the following factors be considered, when classifying forest lands in addition to those found in RCW 36.70A.030 : Rationale for amendment: OCD has proposed subsections (e) through (g) as an addition to the definition found in RCW 36.70A.030. These additions have not been incorporated to the definition found in RCW 36.70A.030. WAC 365 - 190 -060 Forest land resources. In classifying forest land, counties and cities should use the private forest land grades of the department of revenue (WAC 458 -40 -530). This system incorporates consideration of growing capacity, productivity and soil composition of the land. Forest land of long -term commercial significance will generally have a predominance of the higher private forest land grades. However, the presence of lower private forest land grades within the areas of predominantly higher grades need not preclude designation as forest land. Each county and city shall determine which land grade constitutes forest land of long -term commercial significance, based on local and regional physical, biological, economic, and land use considerations. Counties and cities shall also consider the effects of proximity to population areas and the possibility of more intense uses of the land as indicated by. (e) Property tax classification: Property is assessed as open space or forest land pursuant to chapter 84_33 or 84_34 RCW. (f) Local economic conditions which affect the ability to manage timberlands for long- term commercial production. (g) History of land development permits issued nearby. Long -term commercial significance is defined by RCW 37.70A.030 (10) as including: the growing capacity, productivity, and soil composition of the land for long- term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land. The interim forest land designations were developed under the original GMA definition utilizing a set of locally derived criteria for more refined definition of forest lands. These criteria included average parcel size, parcel tax status, type of road access to each parcel, ownership status, presence of public services, and environmental constraints. By utilizing these criteria Whatcom County effectively considered the same factors for designating forest land required under the amended definition of forest lands. In addition, the Washington State Department of Natural Resource lands and the Mount Baker National Forest lands within eastern Whatcom County are recognized as forest lands of long term commercial significance. Designated forest lands for purposes of long term commercial significance are displayed on Map 20. FOREST RESOURCE LANDS - BACKGROUND SUMMARY Forest resource lands are lands which are used primarily for growing trees for commercial purposes. In order to be designated as forest resource lands, they must have the potential for long -term commercial investment for the management of forest products. The forest resources of Whatcom County have historically been one of the most important natural resources in the region. Lands in the lower foothills, which were initially harvested between 1900 and 1950, now support commercially mature stands of timber. In addition, a few areas of original forest still remain. The majority of the county's non - federal forest resource lands (about 268,597 acres) are located in the foothills of western Whatcom County. Most of this land (223,613 acres) is zoned for forest production uses. The majority of the land currently zoned for forest production is owned and managed by a few large institutions, including natural resource based corporations, insurance companies, the State of Washington, and small private forest management companies. These landowners manage their lands primarily for the production of timber resources. The State of Washington manages about 94,000 acres of timber land in Whatcom County for a variety of public trusts, including state schools and universities, capital buildings, state and local governments. Forest Board Lands provide revenue from timber sales to the State general fund, Whatcom County government, and other junior taxing districts in Whatcom County. A smaller portion of the land zoned for forest production is owned and managed by individual woodlot owners and farm /foresters, some of whom reside on their properties. An additional 108,514 acres of land in lowland Whatcom County is supporting stands of commercial timber, but is not necessarily managed for production of forest products. The majority of these lowland areas are zoned either Rural or Agriculture. Individual woodlot owners and farm /foresters constitute the majority of landowners of forest lands outside the forestry zone. The goals of individual forest landowners, whether in the forestry zone or not, encompass a broader range of objectives than just timber production and may include management for wildlife, conservation, specialty forest products, firewood, privacy, aesthetics, and low density residential or other uses compatible with forestry. Based on data collected from forest practice applications, the average standing volume of a second growth stand of timber in Whatcom County today is about 30,000 to 40,000 board feet per acre. Today, most timber is harvested between 40 and 90 years of age. The harvested areas are replanted with seedlings specifically selected for desired growing characteristics, collected from seed trees in the same elevation and climatic zone as the harvested area. Traditionally, forest land use has been seen as a lower economic value compared to agriculture, rural, suburban, urban, commercial, or industrial uses. As a result, some forest landowners have held forest land in reserve at low cost (current use tax status) while managing for forest products and waiting for the growth of more intense land uses in the vicinity of their property. Many landowners in Whatcom County have taken advantage of the current use taxation programs in order to make forest management on their land more economical. These programs greatly benefit community interests by helping forest landowners keep land in open space and forest use. With a growing population, there is a genuine need to promote conservation of productive forest land and associated public resources through a balanced combination of regulatory protection as mandated by the Growth Management Act, and the provision of incentives for maintaining lands in long -term commercial timber production. It is state and county policy to provide forest landowners with long -term land use predictability, for both productive forest lands and adjacent non - forest use lands. Premature conversion of those productive forest lands to other land uses which are incompatible with the management of forest resources is recognized as a threat to the forest industry. Such conversions include changing the use of forest land from commercial timber production to incompatible residential, commercial, industrial, or agricultural land uses. Once forest land has been converted and roads, utilities and other infrastructure have been constructed, the land is not as useful for long- term commercial forest production. In addition, the encroachment of land uses such as non - forestry related residential into areas devoted to forest production can create conflicts between residents and forest landowners. FOREST RESOURCE LANDS - ISSUES, GOALS, AND POLICIES The following goals and policies apply to both Rural and Commercial Forest lands and address the issues of conserving productive forest land and meeting the goals of the Growth Management Act. Forest Land Base The forest land base in Washington State and in Whatcom County has been steadily fluctuating over time. Most of the forest land base change has been attributed to conversion of forest land to rights -of -way and urban and suburban uses. With the additional population growth forecast for Whatcom County (coming mostly from in- migration), there will be continued pressure to convert all types of lands to residential uses. The greatest pressure to convert forest land will likely occur along the margins of traditional forest land where a spectrum of possible land uses may exist, in areas near infrastructure, and on forest sites with commanding views. Complicating the issue of maintaining and protecting the forest land base from conversion is the existing diverse character of forest resource ownerships and forest management goals among Whatcom County's timber landowners. While the larger forest landowners manage their lands primarily for timber production, the smaller forest landowners tend to have diverse forest management goals ranging from small scale timber and woodlot uses to preservation of forests for wildlife habitat. Zoning and land use regulations to conserve forest land in Whatcom County need to recognize the range of diverse ownership goals and provide for a range of allowed land uses to ensure the viability of both large and small scale forest management goals while achieving the broader comprehensive goal of conserving the forest land base of the county. GOAL 8F: Maintain and enhance Whatcom County's forest land base Policy 8F -1: Recognize that rural woodlot owners, farm /foresters, small private timber companies as well as large natural resource corporations, the Federal Government, and the State of Washington constitute the ownership of the forest resource land base of Whatcom County. Policy 8F -2: Provide appropriate land use regulation for the diverse forest resource lands within the county through the designation of Rural Forestry and Commercial Forestry zones. Policy 8F -3: Apply the following general criteria for Rural and Commercial Forestry zones: Rural Forestry Zone: Lands mostly devoted to growing trees for commercial timber production, usually located within public service districts such as fire or water districts, accessed by private roads built to Whatcom County development standards or public roads, with low density residential development. Land parcels are generally 20 acres or greater in size. Commercial Forestry Zone: Lands primarily devoted to growing trees for long -term commercial timber production, located outside of public service districts such as fire and water districts, and accessed by private or state forest roads. Land parcels are generally 40 acres or greater in size. Policy 8F -4: Support conservation of productive forest land by requiring the use of best management practices such as proper road construction and maintenance, prompt re- planting of harvested areas, and protection of forest soils. Policy 8F -5: Support conservation of the forest land base through a broad range of incentives and cooperation between landowners and public agencies such as the utilization of the current use tax assessment provisions of RCW 84.28, RCW 84.33, and RCW 84.34. Policy 8F -6: Encourage and support the utilization of the Small Forest Landowner Forestry Riparian Easement Program to help small landowners' economic viability and willingness to keep the land in forestry use (WAC 222 -21 -005). Rationale for amendment: Under WAC 222 -21 -005, the legislature addressed concerns that small landowners have regarding long -term economic viability by establishing a forestry riparian easement program to acquire easements from small forest landowners in areas of value to the state for protection of aquatic resources. The owner sells or donates the easement to the state. Policy 8F-6 7: Establish flexibility in land use plans and regulations to encourage maintenance of the productive forest land base. Policy 8F -7 8: Discourage inappropriate conversion of productive forest land to incompatible non - forest uses. It is the intent of this policy not to allow conversion of forest land if the proposed use is incompatible with the maintenance of long -term forest management. Incompatible uses include those which: • create fire or safety hazards to adjacent forest land; • permanently remove a significant portion of a parcel from productive forest use; • create significant financial hardships for adjacent forest landowners; or • can lead to land use conflicts with adjacent forest landowners. Forest Products Industry Investment in forest land is complicated by the long time it takes to realize any financial return from growing trees. Once a forest is harvested and a new forest plantation is established, it can take from 40 to 60 years at a minimum before another harvest can occur. Due to the fact that investments in forest land and timber growing are long term in nature, it is necessary to provide forest landowners with assurance that their investments will be realized. Forest resource lands make an important contribution to the local economy in Whatcom County. Resource based employment continues to provide some of the better paying jobs in our local area. Several major employers operate primary and secondary forest product processing facilities. Furthermore, Whatcom County has a long history of involvement in the forest industry, with many families and communities involved in forest management. Environmental regulations have constrained timber production in some locations, though the impact industry-wide is not as significant as other factors. According to a resent timber supply study conducted by the University of Washington, timber production on private lands is more sensitive to changes in the minimum harvest age of the available timber supply than it is to changes in the land base as a result of restrictions on harvest, such as wetlands protection rules. Other timber supply factors, such as currently available growing stock, stumpage prices, and labor /technology costs have more influence on timber supply than environmental regulations. GOAL 8G: Maintain and enhance Whatcom County's forest products industry. Policy 8G -1: Support improving the efficiency and flexibility of state and local environmental regulations affecting the forest products industry, in order to assure environmental protection and improve predictability for the forest products industry while minimizing the regulatory costs to forest landowners. Policy 8G -2: Develop a range of non - regulatory programs, options, and incentives that forest landowners can employ to meet or exceed county environmental goals. Policy 8G -3: Support the efforts of the forest landowners and managers in Whatcom County to operate in a long -term, sustainable manner as part of a stable, broad based economy. Policy 8G -4: Work cooperatively with the Washington State Department of Natural Resources to ensure the most productive and appropriate use of Whatcom County's Forest Board lands. Policy 8G -5: Support surface mining, along with rock crushing, washing, and sorting, as part of conducting forest practices within the forestry zones. Policy 8G -6: Support primary and secondary forest product production facilities through appropriate planning, zoning, and land use regulations. Policy 8G -7: Encourage the United States Forest Service and the Department of Natural Resources to implement harvest practices that maximize the use of forest lands for the benefit of Whatcom County citizens while protecting the environment. Land Use Conflicts One of the most significant censtraints impacts to far timber landowners in Washington State is the growing number of conflicts between forest landowners and their neighbors. These conflicts are the result of expansion into the margins of commercial forest land base by people seeking residential land and recreational tracts, and who bring with them conflicting values concerning resource extraction, such as logging. GOAL 8H: Reduce land use conflicts between Whatcom County's forest and non - forest landowners. Policy 8H -1: Refine the Rural and Commercial Forestry zoning regulations to conserve productive forest lands of long -term commercial significance from conversion to non - compatible uses. This zoning recognizes the diversity of Forest Resource landowners and forestry land uses. This zoning should include provisions for compatible, non - forestry uses which encourage all forest landowners to maintain the productive forest land base while conserving them from conflicting uses. Policy 8H -2: Affirm Whatcom County Code Chapter 14.04, the Right-To- Practice- Forestry ordinance, which requires notification of property owners in the vicinity of forestry zones of the types of normal forest management operations likely to be conducted on forest land. Policy 8H -3: Prior to issuing a development permit or receiving approval for a rezone, every attempt should be made to annex all development into local fire district boundaries. Before a development permit or a rezone is approved, it should be demonstrated to the satisfaction of the County that adequate fire prevention measures will be in place for the resident and adjacent properties. Policy 8H -4: Support and encourage improved communication and understanding between forest landowners and the public through such mechanisms as voluntary forest management plans, community forest forums, and educational programs. Policy 8H -5: Work cooperatively with the Washington State Department of Natural Resources, forest landowners, and the general public to address community concerns and land use conflicts which may arise as a result of forest practices. Fish and Wildlife Utilization of forestlands can impact habitat, including riparian areas, stream flows, channel habitat structure and water quality. Goal 81: Ensure that forest practices avoid adverse impacts to the habitat of threatened and endangered fish and wildlife species and to marine waters that support shellfish resources. Policy 81 -1: Ensure that adequate riparian buffers are maintained along rivers and streams. Policy 81 -2: Minimize sedimentation to rivers and streams. Policy 81 -3: Ensure that riparian and stream functions are protected when forestlands are converted to non - forestry uses. RESOURCE LANDS - ACTION PLAN Forest Resource Lands W thin- twe-years, comple Rationale for amendment: (Completed item; Ord. #:2000 -049. This will be added to appendix H.) 2.1. Review criteria for Rural Forestry and Commercial Forestry and make amendments as necessary in order to conform with the requirements of the Growth Management Act. Work th the FeFest RPqA_FAP Lands C t—ze s Advisory r,... mittpp R the development of revised or teria. Rationale for amendment: Committee does not exist anymore. 3.2. Review Title 20.42 (Rural Forestry) and 20.43 (Commercial Forestry) for opportunities to provide for compatible, non - forest uses that encourage forest landowners to keep their land in productive forest uses. 3. Review Chapter WAC 222 -21 for opoortunities to encourage and support small landowners to use Small Forest landowner Riparian Easement Program Rationale for amendment: See Policy 8F -6 for rationale. 4. Review special district boundaries (e.g. fire districts, water districts) for conformance with forestry designations and make recommendations to appropriate agencies for adjustments. 5. Establish a comprehensive program of forest land conservation incentives to offer to landowners who wish to keep their land in long -term productive forest use. Coordinate this program with private land trusts, state agencies, and federal programs. 6. Adopt a memorandum of agreement with the Washington State Department of Natural Resources outlining the roles and responsibilities of Whatcom County and the Department of Natural Resources with regard to regulating forest practice activities in Whatcom County. 7. The County shall adopt standards. by December 31. 2005, for the administration and enforcement of regulations related to Class IV Forest Practice conversion activities in Whatcom County as specified in RCW76.09.240. Rationale for amendment: The slate legislature adopted the requirement for local governments to assume the responsibility for administering Class IV Forest Practice conversion activities. RC W76.09.240 Class IV forest practices -- Counties and cities adopt standards -- Administration and enforcement of regulations -- Restrictions upon local political subdivisions or regional entities -- Exceptions and limitations. (1) By December 31, 2005, each county and each city shall adopt ordinances or promulgate regulations setting standards for those Class IV forest practices regulated by local government. The regulations shall: (a) Establish minimum standards for Class IV forest practices; (b) set forth necessary administrative provisions; and (c) establish procedures for the collection and administration of forest practices and recording fees as set forth in this chapter. (3) The forest practices board shall continue to promulgate regulations and the department shall continue to administer and enforce the regulations promulgated by the board in each county and each city for all forest practices as provided in this chapter until such time as, in the opinion of the department, the county or city has promulgated forest practices regulations that meet the requirements as set forth in this section and that meet or exceed the standards set forth by the board in regulations in effect at the time the local regulations are adopted. Regulations promulgated by the county or city thereafter shall be reviewed in the usual manner set forth for county or city rules or ordinances. Amendments to local ordinances must meet or exceed the forest practices rules at the time the local ordinances are amended. (a) Department review of the initial regulations promulgated by a county or city shall take place upon written request by the county or city. The department, in consultation with the department of ecology, may approve or disapprove the regulations in whole or in part. (b) Until January 1, 2006, the department shall provide technical assistance to all counties or cities that have adopted forest practices regulations acceptable to the department and that have assumed regulatory authority over all Class IV forest practices within theirjurisdiction. (c) Decisions by the department approving or disapproving the initial regulations promulgated by a county or city may be appealed to the forest practices appeals board, which has exclusive jurisdiction to review the department's approval or disapproval of regulations promulgated by counties and cities. (4) For those forest practices over which the board and the department maintain regulatory authority no county, city, municipality, or other local or regional governmental entity shall adopt or enforce any law, ordinance, or regulation pertaining to forest practices, except that to the extent otherwise permitted by law, such entities may exercise any: (a) Land use planning or zoning authority: PROVIDED, That exercise of such authority may regulate forest practices only: (i) Where the application submitted under RCW 76.09.060 as now or hereafter amended indicates that the lands have been or will be converted to a use other than commercial forest product production; or (ii) on lands which have been platted after January 1, 1960, as provided in chapter 58_17 RCW.' PROVIDED, That no permit system solely for forest practices shall be allowed, that any additional or more stringent regulations shall not be inconsistent with the forest practices regulations enacted under this chapter; and such local regulations shall not unreasonably prevent timber harvesting; (b) Taxing powers, (c) Regulatory authority with respect to public health; and (d) Authority granted by chapter 90_58 RCW, the "Shoreline Management Act of 1971". 78. Develop criteria and best management practices for establishing minimum firc prevention measures for development that takes place outside of a fire districl 9. Formally review designations of productive forest land to determine if changes are necessary to meet forest land designation criteria.