## Facts

- Bob Marr, a logger, obtained Washington Department of Natural Resources (DNR) permits under the Washington Forest Practices Act (FPA) to log two parcels of land.
- Marr also obtained permission from nearby landowners to log timber on nine residential lots.
- Marr did not apply for or obtain DNR forest practices permits for the nine residential lots.
- After discovering Marr’s unpermitted logging on the residential lots, DNR served Marr with a statutory stop-work order.
- Marr continued logging despite the stop-work order and realized a profit from the timber cut on the residential lots.
- DNR filed suit seeking to enforce the stop-work order and to stop additional logging without required permits.
- Marr argued in defense that the FPA applied only to “forest land,” and that the residential lots were not “forest land” within the statute.
- The trial court rejected Marr’s interpretation and granted DNR a preliminary injunction.
- Marr appealed the issuance of the preliminary injunction to the Washington Court of Appeals.

## Issues

1. Whether logging on residential lots can fall within the Forest Practices Act because the lots qualify as “forest land” and the activity is a regulated “forest practice” requiring a permit.
2. Whether DNR could enforce its stop-work order by obtaining a preliminary injunction against continued unpermitted logging.

## Decision

- The Washington Court of Appeals affirmed the trial court’s order granting a preliminary injunction to DNR.
- The court held that the Forest Practices Act and its regulations applied to Marr’s timber cutting on the nine residential lots, and a forest practices permit was required.
- The court upheld DNR’s authority to issue a stop-work order for unpermitted forest practices and to seek injunctive relief to stop ongoing violations.

## Legal Principles

- The Forest Practices Act is a police-power statute regulating timber harvesting to maintain a viable forest products industry while protecting environmental resources and values identified by the Legislature.
- Coverage under the FPA turns on statutory definitions and the nature of the timber-harvesting activity, not solely on how a parcel is labeled (e.g., “residential”) in ordinary real-estate usage.
- The Forest Practices Board has primary rulemaking responsibility for forest practices regulations; DNR administers and enforces those rules.
- DNR may use statutory enforcement tools, including stop-work orders, and may seek court injunctions to halt continuing unpermitted forest practices.

## Conclusion

Department of Natural Resources v. Marr held that Washington’s Forest Practices Act can apply to timber harvesting on residential lots when the statutory definitions are satisfied, and that DNR may enforce permitting requirements by issuing a stop-work order and obtaining a preliminary injunction to prevent continued unpermitted logging.


Department of Natural Resources v. Marr, 774 P.2d 1260 (1989)