Revised Code of Washington

Wash. Rev. Code § 76.09.080 (2026)

✓ current as of May 2026

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(1) The department shall have the authority to serve upon an operator a stop work order which shall be a final order of the department if:

(a) There is any violation of the provisions of this chapter or the forest practices regulations; or

(b) There is a deviation from the approved application; or

(2) The stop work order shall set forth:

(a) The specific nature, extent, and time of the violation, deviation, damage, or potential damage;

(b) An order to stop all work connected with the violation, deviation, damage, or potential damage;

(c) The specific course of action needed to correct such violation or deviation or to prevent damage and to correct and/or compensate for damage to public resources which has resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a public resource; and/or those courses of action necessary to prevent continuing damage to public resources where the damage is resulting from the forest practice activities but has not resulted from any violation, unauthorized deviation, or negligence; and

(d) The right of the operator to a hearing before the appeals board.

The department shall immediately file a copy of such order with the appeals board and mail a copy thereof to the timber owner and forestland owner at the addresses shown on the application. The operator, timber owner, or forestland owner may commence an appeal to the appeals board within thirty days from the date of receipt of the order by the operator. If such appeal is commenced, a hearing shall be held not more than twenty days after copies of the notice of appeal were filed with the appeals board. Such proceeding shall be an adjudicative proceeding within the meaning of chapter 34.05 RCW, the administrative procedure act. The operator shall comply with the order of the department immediately upon being served, but the appeals board if requested shall have authority to continue or discontinue in whole or in part the order of the department under such conditions as it may impose pending the outcome of the proceeding.

[ 2010 c 210 s 21; 1989 c 175 s 163; 1975 1st ex.s. c 200 s 5; 1974 ex.s. c 137 s 8.]

Notes:

Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.

Effective date—1989 c 175: See note following RCW 34.05.010.

Notes of Decisions

Cited in 6 cases, 1989–2009 · leading case: Laymon v. Dep't of Nat. Resources, 994 P.2d 232 (Wash. Ct. App. 2000).

Sort: Relevance Newest Treatment

Laymon v. Dep't of Nat. Resources, 994 P.2d 232 (Wash. Ct. App. 2000). · cites it 3× “WAC 223-08-085(3) states: An operator, timber owner or forest landowner subject to a stop work order (RCW 76.09.080) may commence an appeal to the appeals board within fifteen days after service upon the operator.”

Heidgerken v. Dep't of Nat. Resources, 993 P.2d 934 (Wash. Ct. App. 2000). “RCW 76.09.080. But where a stop-work order is unnecessary, DNR may issue a notice of failure to comply that sets forth (1) a description of the violation, (2) the relevant provisions of the FPA or regulations, (3) the operator’s right to request a hearing, and (4) the “specific…”

Dep't of Nat. Resources v. Marr, 774 P.2d 1260 (Wash. Ct. App. 1989). “Thus, Marr received actual notice, if not the written notice required by RCW 76.09.080. In light of the fact that Marr was not misled by the stop work order, and in light of the fact that the present action is not a criminal proceeding but simply an action to enjoin Marr from…”

Dep't of Nat. Resources v. Browning, 199 P.3d 430 (Wash. Ct. App. 2008). · cites it 4× “080(2)(d), .220(7). ¶16 Here, Mr. LeClaire served two stop work orders, but Ms.”

Laymon v. DNR, 994 P.2d 232 (Wash. Ct. App. 2000). · cites it 3× “[2] WAC 223-08-085(3) states: An operator, timber owner or forest land owner subject to a stop work order (RCW 76.09.080) may commence an appeal to the appeals board within fifteen days after service upon the operator.”

Washington State Dnr v. Browning, 199 P.3d 430 (Wash. Ct. App. 2009). · cites it 5× “¶ 15 DNR administers and enforces the FPA by approving forest practices applications and issuing stop work orders where there is a violation of law or regulations, or where there is the potential for public resource damage.”

— Wash. Rev. Code § 76.09.080(1) — 2 cases

Dep't of Nat. Resources v. Browning, 199 P.3d 430 (Wash. Ct. App. 2008). “080(2)(d), .220(7). ¶16 Here, Mr. LeClaire served two stop work orders, but Ms.”

Washington State Dnr v. Browning, 199 P.3d 430 (Wash. Ct. App. 2009). “¶ 15 DNR administers and enforces the FPA by approving forest practices applications and issuing stop work orders where there is a violation of law or regulations, or where there is the potential for public resource damage.”

— Wash. Rev. Code § 76.09.080(2)(d) — 4 cases

Laymon v. Dep't of Nat. Resources, 994 P.2d 232 (Wash. Ct. App. 2000). “WAC 223-08-085(3) states: An operator, timber owner or forest landowner subject to a stop work order (RCW 76.09.080) may commence an appeal to the appeals board within fifteen days after service upon the operator.”

Dep't of Nat. Resources v. Browning, 199 P.3d 430 (Wash. Ct. App. 2008). “080(2)(d), .220(7). ¶16 Here, Mr. LeClaire served two stop work orders, but Ms.”

Laymon v. DNR, 994 P.2d 232 (Wash. Ct. App. 2000). “[2] WAC 223-08-085(3) states: An operator, timber owner or forest land owner subject to a stop work order (RCW 76.09.080) may commence an appeal to the appeals board within fifteen days after service upon the operator.”

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