The Riparian Open Space Program is under currently under revision.
For any inquiries about the status of this program,
contact Dan Pomerenk
Forest Practices Division
1111 Washington Street SE
PO Box 47012
Olympia, WA 98504-7012
360-902-1427
Riparian Open Space Program
The Riparian Open Space Program (ROSP) is a new program funded by the Washington state legislature to provide options for landowners with timber within unconfined avulsing river channel migration zones (CMZ). Qualifying landowners can apply to donate or sell their land and/or timber in designated forest land that exists along migrating stream channels. There are also options to sell the state permanent conservation easements covering the timber and/or forestland. The Riparian Open Space Program will help provide ecological protection and fisheries enhancement while compensating landowners prohibited under state Forests & Fish rules from harvesting timber on riparian land isolated by river channels that have migrated over time.
Overview
As one of the aspects of implementing the Forests and Fish legislation, the Washington State Department of Natural Resources (DNR) has established a Riparian Open Space Program. This program offers new options to owners of timbered lands within unconfined avulsing channel migration zones. The lands addressed by this program are essentially islands of timber within rivers or streams. Willing landowners can apply to donate or sell the land itself or a permanent conservation easement covering the trees or land and trees to the DNR.
The purpose of these acquisitions is for ecological protection and fisheries enhancement and to provide compensation for qualifying lands.
Qualifying Lands
To qualify for consideration for the riparian open space program, lands must be:
- located within an unconfined avulsing channel migration zone, and
- identified in county assessor records as designated as forest land under chapter 84.33 RCW or currently taxed as forest land under chapter 84.34 RCW.
As defined in WAC 222-16-010, an “unconfined avulsing stream” experiences abrupt shifts in channel location, creating a complex flood plain characterized by extensive gravel bars, disturbance species of vegetation of variable age, numerous side channels, wall-based channels, oxbow lakes, and wetland complexes. An “unconfined avulsing channel migration zone (CMZ)” means the area within which the active channel of an unconfined avulsing stream is prone to move and where the movement would result in a potential near-term loss of riparian forest adjacent to the stream. The unconfined avulsing CMZ doesn’t include areas permanently restricted from channel movement by a dike or levee.
Land which would otherwise qualify will not be considered for the Riparian Open Space Program if:
- lack of legal access to the land is likely to impair the DNR’s ability to administer the program in relation to the land,
- any persons having an interest in a particular property have not agreed to convey or subordinate their interests to the state to the extent necessary for the purchase of the property or conservation easement,
- unacceptable liabilities are present, such as hazardous substances or any other condition that may jeopardize DNR’s ability to maintain fisheries enhancement or ecological protection, and for which the applicant is unwilling or unable to provide reasonable indemnification,
- any circumstances make the land unsuitable for fisheries enhancement or ecological protection.
Application and Selection Process
The DNR welcomes applications from all landowners. Application forms can be downloaded from the DNR website, or requested from Omroa.Bhagwandin in DNR’s Asset Management and Protection Division, Cooperative Conservation Programs Section at phone 360-902-1059 or e-mail address omroa.bhagwandin@dnr.wa.gov.
A selection committee will evaluate applications to determine a ranked order for purchases of land and/or conservation easements. If eligible applications exceed current funding, the remaining applicants can opt to be considered for future funding opportunities.
Selection Criteria
As specified by program legislation, the following criteria will be considered by the selection committee in prioritizing applications for funding:
- Order of receipt,
- Ecological value, including importance to salmonids, water quality benefits, quality of habitat, site significance, etc.
- Immediacy of need on the part of the landowner
Program Funding
The legislature has made funding available for riparian open space acquisitions and administrative costs through the biennium. DNR will request future funding through the legislative budget process.
Instructions for completing both Application Form A and Application Form B
General Instructions
- If you wish to apply for a permanent conservation easement on qualifying lands within an unconfined avulsing channel migration zone (CMZ) use Application Form A.
- If you wish to sell qualifying lands use Application Form B.
- See Chapter 222-23 WAC for exact language describing the purpose and process of DNR's Riparian Open Space Program.
Before you complete an application, please verify that the timberland you wish to propose qualifies for the Riparian Open Space Program. - The land must be located within an avulsing channel migration zone.
County assessor records must show the land as currently classified or designated as forest land under chapter 84.33 RCW or currently subject to use taxation as forest land under chapter 84.34 RCW. - Provide a description of the proposed property, including the location, the estimated acreage. Describe the method used to determine that the land is qualifying CMZ land. Also include a map showing the approximate boundary between the channel migration zone and the adjoining RMZ core area. (In situations where this is not applicable, describe the process used to determine that the qualifying CMZ land is within an unconfined avulsing stream channel migration zone.)
- Complete the Environmental Check List.
- Mail the completed application, environmental check list, property description, method for determining that the property qualifies as CMZ land, and map to:
Washington Department of Natural Resources
Riparian Open Space Program
Asset Management and Protection Division
P.O. Box 47014
Olympia, WA 98504-7014
- If you have questions about the application or the selection process, please contact Omroa Bhagwandin at phone 360-902-1059 or e-mail: omroa.bhagwandin@dnr.wa.gov.
Typical Interests in Land
- This program requires that all parties with a right or an interest in the land agree to participate. Typical interests in land include fee ownership, mineral rights, water rights, mortgages, liens, judgments, easements, encumbrances, transfer of development rights, and rights of way.
Compensation for Conveyances
- RCW 76.09.040(3) specifies the compensation that DNR shall pay for purchases of qualifying CMZ lands, unless the landowner chooses to donate the property in fee or donate a conservation easement. DNR will determine those values while processing purchases and conservation easements for properties selected for funding. In completing this application, it is necessary to provide only estimated acreage, haul zone, and the stumpage area.
Determining the Haul Zone and Stumpage Area
- Timber value: Haul zone and stumpage area information is used in the formula for determining timber value component of the compensation to landowners participating in the Riparian Open Space Program. Stumpage value tables to be applied are found in WAC 458-40-660(2) available on the Washington State Department of Revenue web site under Tax Topics – Forest Tax. Or contact the Department of Revenue’s Telephone Information Center, 1-800-647-7706.
- Land value: For conveyance of fee interests, DNR shall pay for both the timber value and the land value. The land value component is based on the acreage of CMZ lands to be conveyed, multiplied by the average per acre value of all commercial forest land in western Washington for western Washington CMZ lands or the average per acre value of all commercial forest land in eastern Washington for eastern Washington CMZ lands. DNR will determine the averages based on land value tables revised annually by the Washington State Department of Revenue and displayed with WAC 458-40-540.