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Washington Forest Landowners Appeal Buffer Rule

In a significant move, the Washington Forest Protection Association (WFPA) and the Washington Farm Forestry Association (WFFA) are appealing a recent decision by the Thurston County Superior Court. This ruling upheld an expanded buffer rule concerning non-fish bearing (Np) streams, which could have far-reaching implications for forest landowners in the region.

The appeal centers around a crucial question: can forest management rules be altered without clear evidence that existing protections are ineffective? According to the WFPA and WFFA, the state's own data indicates that the expected benefits for fish habitats from the enhanced rules are minimal at best. Jason Spadaro, Executive Director of WFPA, expressed concern that this new regulation does not reflect a conservation victory, highlighting that while the state's ecological reports recognize some benefits, they also acknowledge the potential for temperature changes in non-fish streams.

For over 20 years, forest landowners have adhered to the Forests Fish Agreement, a collaboration aimed at safeguarding streams, improving roads, and removing barriers to fish access while ensuring that productive forestland is preserved. However, this latest ruling creates uncertainty and disruptive impacts for small forest landowners, rural communities, and local businesses dependent on a stable timber supply. The repercussions of the expanded buffer rules include loss of harvestable land, increased planning and road maintenance expenses, lower land values, and additional strain on families and businesses involved in forestry.

Elaine Oneil, Executive Director of the WFFA, emphasized the profound effects this rule could have on families that have long viewed their timberland as a retirement investment or legacy. If the appeal succeeds, it may provide a chance for court review before irreversible decisions stemming from the rule force families to make difficult choices.

Support for the appeal is broad-based, with 16 public and community institutions, including counties and local businesses, voicing their support through a joint amicus brief. This collaboration highlights that the consequences of the new rule extend far beyond just forest landowners and could impact schools, roads, emergency services, and local economies.

Moreover, the American Forest Resource Council has filed a separate statement underscoring the risks that Washington's forest-products manufacturers face, as about 73% of their timber supply is sourced from private forests. Any reductions in available timber would not only ripple through employment and local businesses but would also exacerbate fire risks due to the accumulation of wildfire fuel in untouched buffer zones.

In 1999, Washington established the ground-breaking Forests Fish Agreement, which fostered collaboration among landowners, tribes, agencies, and environmental organizations. This initiative created a balanced, science-based environmental framework that spans over 9 million acres of forests and 60,000 miles of streams in the state, uniting efforts to safeguard both aquatic habitats and the economic viability of forestry.

Landowners have upheld their part of the agreement, investing more than $2.3 billion to conserve 764,000 acres of productive timberland and repair culverts to unlock 6,500 miles of fish habitat. Such commitments have aimed to ensure that any regulatory changes stemming from the agreement are guided by scientific research and resource objectives.

As the appeal process unfolds, one key policy question remains at the forefront: How can Washington balance the need for aquatic habitat protections and water quality with the imperative to keep working forests productive? Importantly, these two goals are not mutually exclusive; the original Forests Fish Agreement was crafted to achieve harmony between them.

The WFPA and WFFA remain dedicated to advocating for this balance as they navigate the appeal process, hoping to preserve the integrity of their longstanding agreements while protecting the interests of local communities and forest ecosystems alike.