Agreement Relating to Open Space and Timber Land Classifications

Agency filings affecting this section (1) Introduction. This rule explains the contents of and the procedures relating to the agreement that is executed when an application for classification or reclassification as open space land under RCW 84.34.037 or timber land under RCW 84.34.041 has been approved by the granting authority. (2) Preparation and contents. When an application for classification or reclassification as open space or timber land has been approved by the granting authority, the granting authority must prepare an agreement. For purposes of this rule, the date of approval will be the date on which the granting authority approves the application for classification or reclassification.

# (a)

The agreement must state all conditions attached to the approval of the application. The conditions of approval and any requirements of the classification detailed in the agreement will be binding upon any heir, successor, or assignee of the parties of the original agreement.

# (b)

The agreement will apply to the parcel(s) of land described in the agreement.

# (c)

The agreement may include, but is not limited to, a description of the ways the classified land may be used to retain its classified status, the actions that will cause removal of the land from classification, and the consequences of a change in the classified use of the land. (3) Submit agreement to owner for signature. (a) Within five calendar days after the approval of the application for classification or reclassification, in whole or in part, the granting authority will deliver by certified mail, return receipt requested, the agreement to the owner for signature. (b) The owner may accept or reject the agreement. (c) If accepted, the agreement must be signed and returned to the granting authority within thirty calendar days after receipt.

# (d)

If the agreement is not signed and returned to the granting authority within thirty calendar days of the date the unsigned agreement was mailed to the owner, the granting authority will conclusively presume the agreement has been rejected unless the owner can show proof that he or she was prevented from returning the agreement by events beyond his or her control.

# (e)

To be properly executed, the agreement must be signed by the owner and will become effective on the date the granting authority receives the signed agreement from the owner of the classified parcel(s) of land. (4) Executed agreement to be sent to assessor. The granting authority must, within ten calendar days after receiving the signed agreement, send one copy to the assessor of the county in which the land is located. (5) Termination of agreement. In counties that have merged their timber land classification and designated forest land program pursuant to RCW 84.34.400 , any land approved as timber land prior to the merger will be considered designated forest land and no longer subject to the agreement described in this rule. [Statutory Authority: RCW 84.08.010 , 84.08.070 , 84.08.080 , 84.34.141 , 84.34.360 . WSR 15-03-017, § 458-30-240, filed 1/8/15, effective 2/8/15. Statutory Authority: RCW 84.08.110 , 84.08.070 , 84.34.141 and 84.34.360 . WSR 95-21-002, § 458-30-240, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 84.08.010 (2), 84.34.141 and chapter 84.34 RCW. WSR 88-23-062 (Order PT 88-12), § 458-30-240, filed 11/15/88.]

Last amended: Statutory Authority: RCW 84.08.010 , 84.08.070 , 84.08.080 , 84.34.141 , 84.34.360 . WSR 15-03-017, § 458-30-240, filed 1/8/15, effective 2/8/15. Statutory Authority: RCW 84.08.110 , 84.08.070 , 84.34.141 and 84.34.360 . WSR 95-21-002, § 458-30-240, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 84.08.010 (2), 84.34.141 and chapter 84.34 RCW. WSR 88-23-062 (Order PT 88-12), § 458-30-240, filed 11/15/88.

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