e· Chapter 197-11 WAC 

WAC 

197-11-010 

197-11-020 

197-11-030 

197-11-040 

197-11-050 

197-11-055 

197-11-060 

197-11-070 

197-11-080 

197-11-090 

197-11-100 

197-11-300 

197-11-305 

197-11-310 

197-11-315 

197-11-330 

197-11-335 

197-11-340 

197-11-350 

197-11-360 

197-11-390 

• 

197-11~00

197-11~02

197-11~05

197-11~06

197-11~08

197-11~10

197-11~20

197-11~25

197-11~30

197-11~35

197-11~40

197-11~42

197-11~43

197-11~44

197-11~48

197-11~50

197-11~55

197-11~60

197-11-500 

197-11-502 

197-11-504 

197-11-508 

197-11-510 

197-11-535 

197-11-545 

197-11-550 

197-11-560 

197-11-570 

197-11-600 

197-11-610 

197-11-620 

197-11-625 

197-11-630 

197-11-635 

197-11-640 

197-11-650 

197-11-655 

• 

197-11-660 

197-11-680 

197-11-700 

197-11-702 

197-11-704 

197-11-706 

SEPARULES 

197-11-708 

Authority. 197-11-710 

Purpose. 197-11-712 

Policy. 197-11-714 

Definitions. 197-11-716 

Lead agency. 197-11-718 

Timing of the SEPA process. 197-11-720 

Content of environmental review. 197-11-722 

Limitations on actions during SEPA process. 197-11-724 

Incomplete or unavailable information. 197-11-726 

Supporting documents. 197-11-728 

Information required of applicants. 197-11-730 

Purpose of this part. 197-11-732 

Categorical exemptions. 197-11-734 

Threshold determination required. 197-11-736 

Environmental checklist. 197-11-738 

Threshold determination process. 197-11-740 

Additional information. 197-11-742 

Determination of nonsignificance (DNS). 197-11-744 

Mitigated DNS. 197-11-746 

Determination of significance (DS)linitiation of 197-11-748 

scoping. 197-11-750 

Effect of threshold determination. 197-11-752 

Purpose of EIS. 197-11-754 

General requirements. 197-11-756 

EIS types. 197-11-758 

EIS timing. 197-11-760 

Scoping. 197-11-762 

Expanded scoping. (Optional) 197-11-764 

EIS preparation. 197-11-766 

Style and size. 197-11-768 

Format. 197-11-770 

Cover letter or memo. 197-11-772 

EIS 197-11-774 contents. 

Contents 197-11-776 of EIS on nonproject proposals. 

EIS contents when prior nonproject EIS. 197-11-778 

Elements of the environment. 197-11-780 

Relationship 197-11-782 of EIS to other considerations. 

Cost-benefit analysis. 197-11-784 

197-11-786 Issuance of DEIS. 

197-11-788 Issuance of FEIS. 

Purpose of this Part. 197-11-790 

197-11-792 Inviting comment.
 

Availability and cost of environmental documents.
 197-11-793 

SEPA REGISTER. 197-11-794 

197-11-796 Public notice. 

197-11-797 Public hearings and meetings. 

Effect of no comment. 197-11-799 

197-11-800 Specificity of comments. 

FEIS response to comments. 197-11-810 

Consulted agency costs to assist lead agency. 

When to use existing environmental documents. 197-11-820 

Use of NEPA documents. 197-11-825 

Supplemental environmental impact statement­ 197-11-830 

Procedures. 197-11-835 

Addenda-Procedures. 197-11-840

Adoption-Procedures. 197-11-845 

Incorporation by reference-Procedures. 197-11-850 

Combining documents. 197-11-855 

Purpose of this Part. 197-11-860 

Implementation. 197-11-865 

Substantive authority and mitigation. 197-11-870 

Appeals. 197-11-875 

Definitions. 197-11-880

Act. 197-11-890

Action. 197-11-900 

Addendum. 197-11-902

Adoption. 

Affected tribe. 

Affecting. 

Agency. 

Applicant.
 

Built environment.
 

Categorical exemption. 

Consolidated appeal. 

Consulted agency. 

Cost-benefit analysis.
 

Countylcity.
 

Decisionmaker.
 

Department.
 

Determination of nonsignificance (DNS).
 

Determination of significance (DS).
 

EIS.
 

Environment.
 

Environmental checklist.
 

Environmental document. 

Environmental review. 

Environmentally sensitive area. 

Expanded scoping.
 

Impacts.
 

Incorporation by reference.
 

Lands covered by water. 

Lead agency.
 

License.
 

Local agency.
 

Major action.
 

Mitigated DNS.
 

Mitigation.
 

Natural environment.
 

NEPA.
 

Nonproject. 

Phased review. 

Preparation. 

Private project. 

Probable. 

Proposal. 

Reasonable alternative. 

Responsible official. 

SEPA. 

Scope. 

Scoping. 

Significant. 

State agency. 

Threshold determination. 

Underlying governmental action. 

Categorical exemptions. 

Exemptions and nonexemptions applicable to specific 

state agencies. 

Department of licensing. 

Department of labor and industries. 

Department of natural resources. 

Department of fisheries. 

Department of game. 

Department of social and health services. 

Department of agriculture. 

Department of ecology. 

Department of transportation. 

Utilities and transportation commission. 

Department of commerce and economic development. 

Other agencies. 

Emergencies. 

Petitioning DOE to change exemptions. 

Purpose of this Part. 

Agency SEPA policies. 

[Cb. 197-11 WAC-p IJ 
Chapter 197-11 SEPA Rules 

197-11-904 

197-11-906 

197-11-908 

197-11-910 

197-11-912 

197-11-914 

197-11-916 

197-11-917 

197-11-918 

197-11-920 

197-11-922 

197-11-924 

197-11-926 

197-11-928 

197-11-930 

197-11-932 

197-11-934 

197-11-936 

197-11-938 

197-11-940 

197-11-942 

197-11-944 

197-11-946 

197-11-948 

197-11-950 

197-11-955 

197-11-960 

197-11-965 

197-11-970 

197-11-980 

197-11-985 

197-11-990 

Agency SEPA procedures.
 

Content and consistency of agency procedures.
 

Environmentally sensitive areas.
 

Designation of responsible official.
 

Procedures on consulted agencies.
 

SEPA fees and costs.
 

Application to ongoing actions.
 

Relationship to chapter 197-10 WAC.
 

Lack of agency procedures.
 

Agencies with environmental expertise.
 

Lead agency rules.
 

Determining the lead agency.
 

Lead agency for governmental proposals.
 

Lead agency for public and private proposals.
 

Lead agency for private projects with one agency
 

with jurisdiction.. 

Lead agency for private projects requiring licenses 

from more than one agency, when one of the agencies is a countyjcity. 

Lead agency for private projects requiring licenses 

from a local agency, not a countyjcity, and one or 

more state agencies. 

Lead agency for private projects requiring licenses 

from more than one state agency. 

Lead agencies for specific proposals. 

Transfer of lead agency status to a state agency. 

Agreements on lead agency status. 

Agreements on division of lead agency duties. 

DOE resolution of lead agency disputes. 

Assumption of lead agency status. 

Severability. 

Effective date. 

Environmental checklist. 

Adoption notice. 

Determination of nonsignificance (DNS). 

Determination of significance and scoping notice 

(DS). 

Notice of assumption of lead agency status. 

Notice of action. 

PART ONE - PURPOSE/AUTHORITY 

WAC 197-11-010 Authority. These rules are promulgated under the State Environmental Policy Act 

(SEPA), chapter 43.21C RCW. RCW 43.21C.110 specifies the content of these rules and grants authority for 

promulgation. As required in RCW 43.21C.095, these 

rules shall be given substantial deference in the interpretation of SEPA. 

WAC 197-11-020 Purpose. (1) The purpose of 

these rules is to establish uniform requirements for compliance with SEPA. Each agency must have its own 

SEPA procedures consistent with these state-wide rules. 

The effective date of these rules is stated in 197-11-955. 

(2) These rules replace the previous guidelines in 

chapter 197-10 WAC. 

(3) The provisions of these rules and the act must be 

read together as a whole in order to comply with the 

spirit and letter of the law. 

WAC 197-11-030 Policy. (1) The policies and 

goals set forth in SEPA are supplementary to existing 

agency authority. 

(2) Agencies shall to the fullest extent possible: 

leb. 197-11 WAC-p 21 

(a) Interpret and administer the policies, regulations, 

and laws of the state of Washington in accordance with 

the policies set forth in SEPA and these rules. -0 

(b) Find ways to make the SEPA process more useful 

to decisionmakers and the public; promote certainty 

regarding the requirements of the act; reduce paperwork 

and the accumulation of extraneous background data; 

and emphasize important environmental impacts and 

alternatives. 

(c) Prepare environmental documents that are concise, 

clear, and to the point, and are supported by evidence 

that the necessary envIronmental analyses have been 

made. 

(d) Initiate the SEPA process early in conjunction 

with other agency operations to avoid delay and 

duplication. 

(e) Integrate the requirements of SEPA with existing 

agency planning and licensing procedures and practices, 

so that such procedures run concurrently rather than 

consecutively. 

(f) Encourage public involvement in decisions that 

significantly affect environmental quality. 

(g) Identify, evaluate, and require or implement, 

where required by the act and these rules, reasonable 

alternatives that would mitigate adverse effects of proposed actions on the environment. 

PART TWO - GENERAL REQUIREMENTS 

WAC 197-11-040 Definitions. The terms used in C 

these rules are explained in Part Eight, Definitions, 197­

11-700 to 197-11-799. This terminology shall be uniform throughout the state as applied to SEPA, chapter 

43.21C RCW. References in these rules to 197-11 refer 

to chapter 197-11 of the Washington Administrative 

Code (chapter 197-11 WAC). 

WAC 197-11-050 Lead agency. (1) A lead agency 

shall be designated when an agency is developing or is 

presented with a proposal, following the rules beginning 

at 197-11-922. 

(2) The lead agency shall be the agency with main 

responsibility for complying with SEPA'S procedural requirements and shall be the only agency responsible for: 

(a) The threshold determination; and 

(b) Preparation and content of environmental impact 

statements. 

WAC 197-11-055 Timing of the SEPA process. (1) 

Integrating SEPA and agency activities. The SEPA process shall be integrated with agency activities at the earliest possible time to ensure that planning and decisions 

reflect environmental values, to avoid delays later in the 

process, and to seek to resolve potential problems. 

(2) Timing of review of proposals. The lead agency 

shall prepare its threshold determination and environmental impact statement (EIS), if required, at the earli- C. 

est possible point in the planning and decisionmaking 
SEPA Rules Part Two--197-11-060 

• 

process, when the principal features of a proposal and its 

environmental impacts can be reasonably identified. 

(a) A' proposal exists when an agency is presented 

with an application or has a goal and is actively preparing to make a decision on one or more alternative means 

of accomplishing that goal and the environmental effects 

can be meaningfully evaluated. 

(i) The fact that proposals may require future agency 

approvals or environmental review shall not preclude 

current consideration, as long as proposed future activities are specific enough to allow some evaluation of their 

probable environmental impacts. 

(ii) Preliminary steps or decisions are sometimes 

needed before an action is sufficiently definite to allow 

meaningful environmental analysis. 

(b) Agencies shall identify the times at which the environmental review shall be conducted either in their 

procedures or on a case-by-case basis. Agencies may 

also organize environmental review in phases, as specified in 197-11-060(5). 

(c) Appropriate consideration of environmental information shall be completed before an agency commits to 

a particular course of action (197-11-070). 

(3) Applications and rulemaking. The timing of environmental review for applications and for rulemaking 

shall be as follows: 

• 

(a) At the latest, the lead agency shall begin environmental review, if required, when an application is complete. The lead agency may initiate review earlier and 

may have informal conferences with applicants. A final 

threshold determination or FEIS shall normally precede 

or accompany the final staff recommendation, if any, in 

a quasi-judicial proceeding on an application. Agency 

procedures shall specify the type and timing of environmental documents that shall be submitted to planning 

commissions and similar advisory bodies (197-11-906). 

(b) For rulemaking, the DNS or DEIS shall normally 

accompany the proposed rule. An FEIS, if any, shall be 

issued at least seven days before adoption of a final rule 

(197-11-460(4». 

(4) Applicant review at conceptual stage. In general, 

agencies should adopt procedures for environmental review and for preparation of EISs on private proposals at 

the conceptual stage rather than the final detailed design 

stage. 

(a) If an agency's only action is a decision on a building permit or other license that requires detailed project 

plans and specifications, agencies shall provide applicants with the opportunity, for environmental review under SEPA prior to requiring applicants to submit such 

detailed project plans and specifications. 

(b) Agencies may specify the amount of detail needed 

from applicants for such early environmental review, 

consistent with 197-11-100 and 197-11-335, in their 

SEPA or permit procedures. 

(c) This subsection does not preclude agencies or apor more agencies. If several agencies have jurisdiction 

over a proposal, they should coordinate their SEPA processeswherever possible. The agencies shall comply with 

lead agency determination requirements in 197-11-050 

and 197-11-922. 

(6) To meet the requirement to insure that environmental values and amenities are given appropriate consideration along with economic and technical 

considerations, environmental documents and analyses 

shall be circulated and reviewed with other planning 

documents to the fullest extent possible. 

(7) For their own public proposals, lead agencies may 

extend the time limits prescribed in these rules. 

WAC 197-11-060 Content of environmental review. 

(1) Environmental review consists of the range of proposed activities,alternatives, and impacts to be analyzed 

in an environmental docum.ent, in accordance with 

SEPA's goals and policies. This section specifies the 

content of environmental review common to all environmental documents required under SEPA. 

(2) The content of environmental review: 

(a) Depends on each particular proposal, on an agency's existing planning and decisionmaking processes, and 

on the time when alternatives and impacts can be most 

meaningfully evaluated; 

(b) For the purpose of deciding whether an EIS is required, is specified in the environmental checklist, in 

197-11-330 and 197-11-444; 

(c) For an environmental impact statement, is considered its "scope" (197-11-792 and Part Four of these 

rules); 

(d) For any supplemental environmental review, is 

specified in Part Six. 

(3) Proposals. 

(a) Agencies shall make certain that the proposal that 

is the subject of environmental review is properly 

defined. 

(i) Proposals include public projects or proposals by 

agencies, proposals by applicants, if any, and proposed 

actions and regulatory decisions of agencies in response 

to proposals by applicants. 

(ii) A proposal by a lead agency or applicant may be 

put forward as an objective, as several alternative means 

of accomplishing a goal, or as a particular or preferred 

course of action. 

(iii)- Proposals should be described in ways that encourage considering and comparing alternatives. Agencies are encouraged to describe public or nonproject 

proposals in terms of objectives rather than preferred 

solutions. A proposal could be described, for example, as 

"reducing flood damage and achieving better flood control by one or a combination of the following means: 

Building a new dam; maintenance dredging; use of 

shoreline and land use controls; purchase of floodprone 

areas; or relocation assistance." 

• 

plicants from preliminary discussions or exploration of (b) Proposals or parts of proposals that are related to 

ideas and options prior to commencing formal environ­ each other closely enough to be, in effect, a single course 

mental review. of action shall be evaluated in the same environmental 

(5) An overall decision to proceed with a course of document. (Phased review is allowed under subsection 

action may involve a series of actions or decisions by one (5).) Proposals or parts of proposals are closely related, 

[Cb. 197-11 WAC-p 3] 
Part Two-I97-11-060 SEPA Rules 

and they shall be discussed in the same environmental 

document, if they: 

(i) Cannot or will not proceed unless the other proposals (or parts of proposals) are implemented simultaneously with them; or 

(ii) Are interdependent parts of a larger proposal and 

depend on the larger proposal as their justification or for 

their implementation. 

(c) (Optional) Agencies may wish to analyze "similar 

actions" in a single environmental document. 

(i) Proposals are similar if, when viewed with other 

reasonably foreseeable actions, they have common aspects that provide a basis for evaluating their environmental consequences together, such as common timing, 

types of impacts, alternatives, or geography. This section 

does not require agencies or applicants to analyze similar actions in a single environmental document or require applicants to prepare environmental documents on 

proposals other than their own. 

(ii) When preparing environmental documents on 

similar actions, agencies may find it useful to define the 

proposals in one of the following ways: (A) Geographically, which may include actions occurring in the same 

general location, such as a body of water, region, or 

metropolitan area; or (B) generically, which may include 

actions which have relevant similarities, such as common 

timing, impacts, alternatives, methods of implementation, environmental media, or subject matter. 

(4) Impacts. 

(a) SEPA's procedural provisions require the consideration of "environmental" impacts (see definition of 

"environment" in 197-11-740 and of "impacts" in 197­

11-752), with attention to impacts that are likely, not 

merely speculative. (See definition of "probable" in 197­

11-782 and 197-11-080 on incomplete or unavailable 

information.) . 

(b) In assessing the significance of an impact, a lead 

agency shall not limit its consideration of a proposal's 

impacts only to those aspects within its jurisdiction, including local or state boundaries (See 197-11-330(3) 

also). 

(c) Agencies shall carefully consider the range of 

probable impacts, including short-term and long-term 

effects. Impacts shall include those that are likely to 

arise or exist over the lifetime of a proposal or, depending on the particular proposal, longer. 

(d) A proposal's effects include direct and indirect 

impacts caused by a proposal.. Impacts include those effects resulting from growth caused by a proposal, as well 

as the likelihood that the present proposal will serve as a 

precedent for future actions. For example, adoption of a 

zoning ordinance will encourage or tend to cause particular types of projects or extension of sewer lines would 

tend to encourage development in previously unsewered 

areas. 

(e) The range of impacts to be analyzed in an EIS 

(direct, indirect, and cumulative impacts, 197-11-792) 

may be wider than the impacts for which mitigation 

measures are required of applicants (197-11-660). This 

which the adverse impacts are attributable to the applicant's proposal, and the capability of applicants or 

agencies 

(5) Phased 

to control 

review. 

the impacts in each situation. o

(a) Lead agencies shall determine the appropriate 

scope and level of detail of environmental review to coincide with meaningful points in their planning and decisionmaking processes. (See 197-11-055 on timing of 

environmental review.) 

(b) Environmental review may be phased. If used, 

phased review assists agencies and the public to focus on 

issues that are ready for decision and exclude from consideration issues already decided or not yet ready. 

Broader environmental documents may be followed by 

narrower documents, for example, that incorporate prior 

general discussion by reference and concentrate solely on 

the issues specific to that phase of the proposal. 

(c) Phased review is appropriate when: 

(i) The sequence is from a nonproject document to a 

document of narrower scope such as a site specific 

analysis (see, for example, 197-11-443); or 

(ii) The sequence is from an environmental document 

on a specific proposal at an early stage (such as need 

and site selection) to a subsequent environmental document at a later stage (such as sensitive design impacts). 

(d) Phased review is not appropriate when: 

(i) The sequence is from a narrow project document 

to a broad policy document; . 

(ii) It would merely divide a larger system into exempted fragments or avoid discussion of cumulative impacts; 

(iii) 

or 

It would segment and avoid present consideration o

of proposals and'their impacts that are required to be 

evaluated in a single environmental document under 

197-11-060(4)(b) or 197-11-305(1); however, the level 

of detail and type of environmental review may vary 

with the nature and timing of proposals and their component parts. 

(e) When a lead agency knows it is using phased review, it shall so state in its environmental document. 

(f) Agencies shall use the environmental checklist, 

scoping process, nonproject EISs, incorporation by reference, adoption, and supplemental EIS's, and addenda, 

as appropriate, to avoid duplication and excess 

paperwork. 

(g) Where proposals are related to a large existing or 

planned network, such as highways, streets, pipelines, or 

utility lines or systems, the lead agency may analyze in 

detail the overall network as the present proposal or may 

select some of the future elements for present detailed 

consideration. Any phased review shall be logical in relation to the design of the overall system or network, and 

shall be consistent with this section and 197-11-070. 

WAC 197-11-070 Limitations on actions during 

SEPA process. (1) Until the responsible official issues a 

final determination of nonsignificance or final environmental impact statement, no action concerning the proposal shall be taken by a governmental agency that o 

will depend upon the specific impacts, the extent to would:
 

(a.) .Have an adverse environmental impact; or
 

[Cb. 197-11 WAC-p 4] 
SEPA Rules Part Two-I97-11-305 

(b) Limit the choice of reasonable alternatives. 

• 

(2) In addition, certain DNSs require a fifteen-day 

period prior to agency action (197-11-340(2)), and 

FEISs require a seven-day period prior to agency action 

(197-11-460(4)). 

(3) In preparing environmental documents, there may 

be a need to conduct studies that may cause nonsignificant environmental impacts. If such activity is not exempt under 197-11-800(18), the activity may 

nonetheless proceed if a checklist is prepared and appropriate mitigation measures taken. 

(4) This section does not preclude developing plans or 

designs, issuing requests for proposals (RFPs), securing 

options, or performing other work necessary to develop 

an application for a proposal, as long as such activities 

are consistent with subsection (1). 

WAC 197-11-080 Incomplete or unavailable information. (1) If information on significant adverse impacts 

essential to a reasoned choice among alternatives is not 

known, and the costs of obtaining it are not exorbitant, 

agencies shall obtain and include the information in 

their environmental documents. 

(2) When there are gaps in relevant information or 

scientific uncertainty concerning significant impacts, 

agencies shall make clear that such information is lacking or that substantial uncertainty exists. 

• 

(3) Agencies may proceed in the absence of vital information as follows: 

(a) If information relevant to adverse impacts is essential to a reasoned choice among alternatives, but is 

not known, and the costs of obtaining it are exorbitant; 

or 

(b) If information relevant to adverse impacts is important to the decision and the means to obtain it are 

speculative or not known; 

Then the agency shall weigh the need for the action 

with the severity of possible adverse impacts which 

would occur if the agency were to decide to proceed in 

the face of uncertainty. If the agency proceeds, it shall 

generally indicate in the appropriate environmental documents its worst case analysis and the likelihood of occurrence, to the extent this information can reasonably 

be developed. 

(4) Agencies may rely upon applicants to provide information as allowed in 197-11-100. 

WAC 197-11-090 Supporting documents. If an 

agency prepares background or supporting analyses, 

studies, or technical reports, such material shall be considered part of the agency's record of compliance with 

SEPA, as long as the preparation and circulation of such 

material complies with the requirements in these rules 

for incorporation by reference and the use of supporting 

documents. . 

any time, voluntarily submit ·information beyond that 

required under these rules. An agency is allowed to require information from an applicant in the following 

areas: 

(1) Environmental checklist. An applicant may be required to complete the environmental checklist in 197­

11-960 in connection with filing an application (see 

197-11-315). Additional information may be required 

at an applicant's expense, but not until after initial 

agency review of the checklist (197-11-315 and 197­

11-335). 

(2) Threshold determination. Any additional information required by an agency after its initial review of the 

checklist shall be limited to those elements on the 

checklist for which the lead agency has determined that 

information accessible to the agency is not reasonably 

sufficient to evaluate the environmental impacts of the 

proposal. The lead agency may require field investigations or research by the applicant reasonably related to 

determining a proposal's environmental impacts (197­

11-335). An applicant may clarify or revise the checklist 

at any time prior to a threshold determination. Revision 

of a checklist after a threshold determination is issued 

shall be made under 197-11-340 or 197-11-360. 

(3) Environmental impact statements. The responsible 

official may require an applicant to provide relevant information that is not in the possession of the lead 

agency. Although an agency may include additional 

analysis not required under SEPA in an EIS (197-11­

440(8), 197-11-448(4) and 197-11-640), the agency 

shall not require the applicant to furnish such information, under these rules. An applicant shall not be required to provide information requested of a consulted 

agency until the agency has responded or the time allowed for the consulted agency's response has elapsed, 

whichever is earlier. Preparation of an EIS by the applicant is in 197-11-420. 

PART THREE - CATEGORICAL
 

EXEMPTIONS AND THRESHOLD
 

DETERMINATION
 

WAC 197-11-300 Purpose of this part. This Part 

provides rules for: 

(1) Administering categorical exemptions for proposals that would not have probable significant adverse 

impacts; 

(2) Deciding whether a proposal has a probable significant adverse impact and thus requires an EIS (the 

threshold determination); 

(3) Providing a way to review and mitigate nonexempt 

proposals through the threshold determination; and 

(4) Integrating SEPA into early planning to ensure 

• 

WAC 197-11-100 Information required of applicants. Further information may be required if the responsible official determines that the information 

initially supplied is not reasonably adequate to fulfill the 

purposes for which it is required. An applicant may, at 

appropriate consideration of SEPA's policies an.d to 

eliminate duplication and delay. 

WAC 197-11-305 Categorical exemptions. (1) If·a 

proposal fits within any of the provisions in Part Nine of 

these rules, the proposal shall be categorically exempt 

[eb. 197-11 WAC-p 5] 
Part Three-197-11-305 SEPA Rules 

from threshold determination requirements (197-11­

720) except as follows: 

(a) The ,proposal is not exempt under 197-11-908, 

environmentally sensitive areas. 

(b) The proposal is a segment of a proposal that 

includes: 

(i) A series of actions, physically or functionally related, to each other, some of which are categorically exempt and some of which are not; or 

(ii) A series of exempt actions that are physically or 

functionally related to each other, and that together may 

have a probable significant adverse environmental impact in the judgment of an agency with jurisdiction. If 

so, that agency shall be the lead agency, unless the 

agencies with jurisdiction agree that another agency 

should be the lead agency. Agencies may petition the 

department of ecology to resolve disputes (197-11-946). 

For such proposals, the agency or applicant may proceed with the exempt aspects of the proposals, prior to 

conducting environmental review, if the requirements of 

197-11-070 are met. 

(2) An agency is not required to document that a 

proposal is categorically exempt. Agencies may note on 

an application that a proposal is categorically exempt or 

place such a determination in agency files. 

. WAC 197-11-310 Threshold determination required. (1) A threshold determination is required for any 

proposal which meets the definition of action and is not 

categorically exempt. 

(2) The responsible official of the lead agency shall 

make the threshold determination, which shall be made 

as close as possible to the time an agency has developed 

or is presented with a proposal (197-11-784). 

(3) In most cases, the time to complete a threshold 

determination should not exceed fifteen days. Complex 

proposals, those where additional information is needed, 

and/or those accompanied by an inaccurate checklist 

may require additional time. Upon request by an applicant, the responsible official shall select a date for making the threshold determination and notify the applicant 

of such date in writing. 

(4) All threshold determinations shall be documented 

in: 

(a) A determination of nonsignificance (DNS) (197­

11-340); or 

(b) A determination of significance (DS) (197-11­

360). 

WAC 197-11-315 Environmental checklist. (1) 

Agencies: 

(a) Shall use the environmental checklist substantially 

in the form found in 197-11-960 to assist in making 

threshold determinations for proposals, except for: Public proposals on which the lead agency has decided to 

prepare its own EIS, or proposals on which the lead 

agency and applicant agree an EIS will be prepared. 

(b) May use an environmental checklist whenever it 

would assist in their planning and decisionmaking, but 

shall not require an applicant to prepare a checklist under SEPA, unless a checklist is required by (1)(a) of this 

section. 

(2) The lead agency shall prepare the checklist or re­ c

quire an applicant to prepare the checklist. 

(3) The items in the environmental checklist are not 

weighted. The mention of one or many adverse environmental impacts does not necessarily mean that the impacts are significant. Conversely, a probable significant 

adverse impact on the environment may result in the 

need for an EIS. 

WAC 197-11-330 Threshold determination process. 

An EIS is required for proposals for legislation and 

other major actions significantly affecting the quality of 

the environment. The lead agency decides whether an 

EIS is required in the threshold determination process, 

as described below. 

(1) In making a threshold determination, the responsible official shall: 

(a) Review the environmental checklist, if used: 

(i) Independently evaluating the responses of any applicant and indicating the result of its evaluation in the 

DS, in the DNS, or on the checklist; and 

(ii) Conducting its initial review of the environmental 

checklist and any supporting documents without requiring additional information from the applicant. 

(b) Determine if the proposal is likely to have a probable significant adverse environmental impact, based on 

the proposed action, the information in the checklist 

(197-11-960), and any additional information furnished 

under 197-11-335 and 197-11-350; and c 

(c) Consider mitigation measures which an agency or 

the applicant will implement as part of the proposal. 

(2) In making a threshold determination, the responsible official should determine whether: 

(a) All or part of the proposal, alternatives, or impacts 

have been analyzed in a previously prepared environmental document, which can be adopted or incorporated 

by reference (see Part Six). 

(b) Environmental analysis would be more useful or 

appropriate in the future in which case, the agency shall 

commit to timely, subsequent environmental review, 

consistent with 197-11-055 through 197-11-070 and 

Part Six. 

(3) In determining an impact's significance (197-11­

794), the responsible official shall take into account the 

following, that: 

(a) The same proposal may have a significant adverse 

impact in one location but not in another location; 

(b) The absolute quantitative effects of a proposal are 

also important, and may result in a significant adverse 

impact regardless of the nature of the existing 

environment; 

(c) Several marginal impacts when considered together may result in a significant adverse impact; 

(d) For some proposals, it may be impossible to fore- , 

cast the environmental impacts with precision, often be- ­

cause some variables cannot be predicted or values 

cannot be quantified. 

(e) A proposal may to a significant degree: 

lCh. 197-11 WAC-p 6] 
SEPA Rules Part Three-197-11-350 

(i) Adversely affect environmentally sensitive or spe­ (a) An agency shall not act upon a proposal for fif­

•
 

cial areas, such as loss or destruction of historic, scien­


tific, and cultural resources, parks, prime farmlands, 

wetlands, wild and scenic rivers, or wilderness; 

(ii) Adversely affect endangered or threatened species 

or their habitat; 

(iii) Conflict with local, state, or federal laws or requirements for the protection of the environment; and 

(iv) Establish a precedent for future actions with significant effects, involves unique and unknown risks to 

the environment, or may affect public health or safety. 

(4) If after following 197-11-080 and 197-11-335 

the lead agency reasonably believes that a proposal may 

have a significant adverse impact, an EIS is required. 

(5) A threshold determination shall not balance 

whether the beneficial aspects of a proposal outweigh its 

adverse impacts, but rather, shall consider whether a 

proposal has any probable significant adverse environmental impacts under the rules stated in this section. For 

example, proposals designed to improve the environment, 

such as sewage treatment plants or pollution control requirements, may also have significant adverse environmental impacts. 

• 

WAC 197-11-335 Additional information. The lead 

agency shall make its threshold determination based 

upon information reasonably sufficient to evaluate the 

environmental impact of a proposal (197-11-055(2) and 

197-11-060(3». The lead agency may take one or more 

of the following actions if, after reviewing the checklist, 

the agency concludes that there is insufficient information to make its threshold determination: 

(1) Require an applicant to submit more information 

on subjects in the checklist; 

(2) Make its own further study, including physical investigations on a proposed site; 

(3) Consult with other agencies, requesting information on the proposal's potential impacts which lie within 

the other agencies' jurisdiction or expertise (agencies 

shall respond in accordance with 197-11-550); or 

(4) Decide that all or part of the action or its impacts 

are not sufficiently definite to allow environmental 

analysis and commit to timely, subsequent environmental analysis, consistent with 197-11-055 through 197­

11-070. 

WAC 197-11-340 Determination of nonsignific~nce

(DNS). (1) If the responsible official determines there 

will be no probable significant adverse environmental 

impacts from a proposal, the lead agency shall prepare 

and issue a determination of nonsignificance (DNS) 

substantially in the form provided in 197-11-970. If an 

agency adopts another environmental document in support of a threshold determination (Part Six), the notice 

of adoption (197-11-965) and the DNS shall be combined or attached to each other. 

teen days after the date of issuance of a DNS if the 

proposal involves: 

(i) Another agency with jurisdiction; 

(ii) Demolition of any structure or facility not exempted by 197-11-800(2)(f) or 197-11-880; 

(iii) Issuance of clearing or grading permits not exempted in Part Nine of these rules; or 

(iv) A DNS under 197-11-350(2), 197-11-350(3) or 

197-11-360(4). 

(b) The responsible official shall send the DNS and 

environmental checklist to agencies with jurisdiction, the 

department of ecology, and affected tribes, and each local agency or political subdivision whose public services 

would be changed as a result of implementation of the 

proposal, and shall give notice under 197-11-510. 

(c) Any person, affected tribe, or agency may submit 

comments to the lead agency within fifteen days of the 

date of issuance of the DNS. 

(d) The date of issue for the DNS is the date the 

DNS is sent to the department of ecology and agencies 

with jurisdiction and is made publicly available. 

(e) An agency with jurisdiction may assume lead 

agency status only within this fifteen-day period (197­

11-948). 

(f) The responsible official shall reconsider the DNS 

based on timely comments and may retain or modify the 

DNS or, if the responsible official determines that significant adverse impacts are likely, withdraw the DNS 

or supporting documents. When a DNS is modified, the 

lead agency shall send the modified DNS to agencies 

with jurisdiction. 

(3)(a) The lead agency shall withdraw a DNS if: 

(i) There are substantial changes to a proposal so that 

the proposal is likely to have significant adverse environmental impacts; 

(ii) There is significant new information indicating, or 

on, a proposal's probable significant adverse environmental impacts; or 

(iii) The DNS was procured by misrepresentation or 

lack of material disclosure; if such DNS resulted from 

the actions of an applicant, any subsequent environmental checklist on the proposal shall be prepared directly 

by the lead agency or its consultant at the expense of the 

applicant. 

(b) Subsection (3)(a)(ii) shall not apply when a nonexempt license has been-issued on a private project. 

(c) If the lead agency withdraws a DNS, the age'ncy 

shall make a new threshold determination and notify 

other agencies with jurisdiction of the withdrawal and 

new threshold determination. If a DS is issued, each 

agency with jurisdiction shall commence action to suspend, modify, or revoke any approvals until the necessary environmental review has occurred (see also 197­

11-070). 

• 

(2) When a DNS is issued for any of the proposals WAC 197-11-350 Mitigated DNS. The purpose of 

listed in (2)(a), the requirements in this subsection shall this section is to allow clarifications or changes to a probe met. posal prior to making the threshold determination. 

[Cb. 197-11 WAC-p 7) 
c 

Part Three-197-11-3S0 SEPA Rules 

(1) In making threshold determinations, an agency 

may consider mitigation measures that the agency or 

applicant will implement. 

(2) After submission of an environmental checklist 

and prior to the lead agency's threshold determination 

on a proposal, an applicant may ask the lead agency to 

indicate whether it is considering a DS. If the lead 

agency indicates a DS is likely, the applicant may clarify 

or change features of the proposal to mitigate the impacts which led the agency to consider a DS likely. The 

applicant shall revise the environmental checklist as may 

be necessary to describe the clarifications or changes. 

The lead agency shall make its threshold determination 

based upon the changed or clarified proposal. If a proposal continues to have a probable significant adverse 

environmental impact, even with mitigation measures, an 

EIS shall be prepared. 

(3) Whether or not an applicant requests early notice 

under subsection (2), if the lead agency specifies mitigation measures on an applicant's proposal that would allow it to issue a DNS, and the proposal is clarified, 

changed, or conditioned to include those measures, the 

lead agency shall issue a DNS. 

(4) Environmental documents need not be revised and 

resubmitted if the clarifications or changes are stated in 

writing in documents that are attachments to, or incorporate by reference, the documents previously submitted. 

An addendum may be used, see Part Six. 

(5) Agencies may clarify or change features of their 

own proposal, and may specify mitigation measures in 

their DNSs, as a result of comments by other agencies 

or the public or as a result of additional agency 

planning. 

(6) An agency's indication under this section that a 

DS appears likely shall not be construed as a determination of significance. Likewise, the preliminary discussion 

of clarifications or changes to a proposal shall not bind 

the lead agency to a mitigated DNS. 

(7) Agencies may specify procedures for enforcement 

of mitigation measures in their agency SEPA procedures. 

WAC 197-11-360 Determination of significance 

(DS)jinitiation of scoping. (1) If the responsible official 

determines that a proposal may have a probable significant adverse environmental impact, the responsible official shall prepare and issue a determination of 

significance (DS) substantially in the form provided in 

197-11-980. The DS shall describe the main elements of 

the proposal, the location of the site, if a site-specific 

proposal, and the main areas the lead agency has identified for discussion in the EIS. A copy of the environmental checklist may be attached. 

(2) If an agency adopts another environmental document in support of a threshold determination (Part Six), 

the notice of adoption (197-11-965) and the DS shall be 

combined or attached to each other. 

(3) The responsible official shall put the DS in the 

lead agency's file and shall commence scoping (197-11­

408) by circulating copies of the DS to the applicant, 

agencies with jurisdiction and expertise, if any, affected 

[Cb. 197-11 WAC-p 8J 

tribes, and to the public. Notice shall be given under 

197-11-510. The lead agency is not required to scope if 

the agency is adopting another environmental document 

for the EIS or is preparing a supplemental EIS. 

(4) If at any time after the issuance of a DS a proposal is changed so, in the judgment of the lead agency, 

there are no probable significant adverse environmental 

impacts, the DS shall be withdrawn and a DNS issued 

instead. The DNS shall be sent to all who commented on 

the DS. A proposal shall not be considered changed until 

all license applications for the proposal are revised to 

conform to the changes or other binding commitments 

made by agencies or by applicants. 

WAC 197-11-390 Effect of threshold determination. (1) When the responsible official makes a threshold 

determination, it is final and binding on all agencies, 

subject to the provisions of this section and 197-11-340, 

197-11-360, and Part Six. 

(2) The responsible official's threshold determination: 

(a) For proposals listed in 197-11-340(2), shall not 

be final until fifteen days after issuance. 

(b) Shall not apply if another agency with jurisdiction 

assumes lead agency status under 197-11-948. 

(c) Shall not apply when withdrawn by the responsible official under 197-11-340 or 197-11-360. 

(d) Shall not apply when reversed on appeal. 

(3) Regardless of any appeals, a DS or DNS issued by 

the responsible official may be considered final for purposes of other agencies' planning and decisionmaking 

unless subsequently changed, reversed, or withdrawn. o 

PART FOUR - ENVIRONMENTAL
 

IMPACT STATEMENT (EIS)
 

WAC 197-11-400 Purpose of EIS. (1) The primary 

purpose of an environmental impact statement is to ensure that SEPAls policies are an integral part of the ongoing programs and actions of state and local 

government. 

(2) An EIS shall provide impartial discussion of significant environmental impacts and shall inform decisionmakers and the public of reasonable alternatives, 

including mitigation measures, that would avoid or minimize adverse impacts or enhance environmental quality. 

(3) Environmental impact statements shall be concise, 

clear, and to the point, and shall be supported by the 

necessary environmental analysis. The purpose of an EIS 

is best served by short documents containing summaries 

of, or reference to, technical data and by avoiding excessively detailed and overly technical information. The 

volume of an EIS does not bear on its adequacy. Larger 

documents may even hinder the decisionmaking process. 

(4) The EIS process enables government agencies and 

interested citizens to review and comment on proposed 

government actions, including government approval of 

private projects and their environmental effects. This 

process is intended to assist the agencies and applicants 

to improve their plans and decisions, and to encourage 
SEPA Rules Part Four-197-11-408 

• 

the resolution of potential concerns or problems prior to 

issuing a final statement. An environmental impact 

statement is more than a disclosure document. It shall 

be used by agency officials in conjunction with other 

relevant materials and considerations to plan actions and 

make decisions. 

WAC 197-11-402 General requirements. Agencies 

shall prepare environmental impact statements as 

follows: 

(1) EISs need analyze only the reasonable alternatives 

and probable adverse environmental impacts that are 

significant. Beneficial environmental impacts or other 

impacts may be discussed. 

(2) The level of detail shall be commensurate with the 

importance of the impact, with less important material 

summarized, consolidated, or referenced. 

(3) Discussion of insignificant impacts is not required; 

if included, such discussion shall be brief and limited to 

summarizing impacts or noting why more study is not 

warranted. 

(4) Description of the existing environment and the 

nature of environmental impacts shall be limited to the 

affected environment and shall be no longer than is necessary to understand the environmental consequences of 

the alternatives, including the proposal. 

•

(5) EISs shall be no longer than necessary to comply 

with SEPA and these rules. Length should relate first to 

potential environmental problems and then to the size or 

complexity of the alternatives, including the proposal. 

(6) The basic features and analysis of the proposal, 

alternatives, and impacts shall be discussed in the EIS 

and shall be generally understood without turning to 

other documents; however, an EIS is not required to include all information conceivably relevant to a proposal, 

and may be supplemented by appendices, reports, or 

other documents in the agency's record. 

(7) Agencies shall reduce paperwork and the accumulation of background data by adopting or incorporating 

by reference, existing, publicly available environmental 

documents, wherever possible. 

(8) Agencies shall prepare EISs concurrently with and 

coordinated with environmental studies and related surveys that may be required for the proposal under other 

laws, when feasible. 

(9) The range of alternative courses of action discussed in EISs shall encompass those to be considered by 

the decisionmaker. 

(10) EISs shall serve as the means of assessing the 

environmental impact of proposed agency action, rather 

than justifying decisions already made. 

WAC 197-11-405 EIS types. (1) Draft and final 

environmental impact statements (EISs) shall be prepared; draft and final supplemental EISs may be 

prepared. 

(3) A final EIS (FEIS) shall revise the DEIS as appropriate and respond to comments as required in 197­

11-560. An FEIS shall respond to opposing views on 

significant adverse environmental impacts and reasonable alternatives which the lead agency determines were 

not adequately discussed in the DEIS. The lead agency 

shall issue an FEIS as specified by 197-11-460. 

(4) A supplemental EIS (SEIS) shall be prepared as 

an addition to either a draft or final statement if: 

(a) There are substantial changes to a proposal so that 

the proposal is likely to have significant adverse environmental impacts; or 

(b) There is significant new information indicating, or 

on, a proposal's probable significant adverse environmental impacts. 

Preparation of a SEIS shall be' carried out as stated in 

197-11-620. 

(5) Agencies may use federal EISs, as stated in Part 

Six. 

WAC 197-11-406 EIS timing. The lead agency 

shall commence preparation of the environmental impact 

statement as close as possible to the time the agency is 

developing or is presented with a proposal, so that preparation can be completed in time for the final statement 

to be included in appropriate recommendations or reports on the proposal (197-11-055). The statement shall 

be prepared early enough so it can serve practically as 

an important contribution to the decisionmaking process 

and will not be used to rationalize or justify decisions 

already made. EISs may be "phased" in appropriate situations (197-11-060(5». 

WAC 197-11-408 Scoping. (1) The lead agency 

shall narrow the scope of every EIS to the probable significant adverse impacts and reasonable alternatives, including mitigation measures. For example, if there are 

only two or three significant impacts or alternatives, the 

EIS shall be focused on those. 

(2) To ensure that every EIS is concise and addresses 

the significant environmental issues, the lead agency 

shall: 

(a) Invite agency, affected tribes, and public comment 

on the DS (197-11-360)~ If the agency r~quires written 

comments, agencies, affected tribes and the public shall 

be allowed twenty-one days from the date of iss!1ance of 

the DS in which to comment, unles~ expanded scoping is 

used. The date of issuance for a DS is the date it is sent 

to the department of ecology and otli~~ agencies w'ith 

jurisdiction, and is publicly availaQle. 

(b) Identify reasonable alternatives and probable significant adverse environmental impacts. 

(c) Eliminate from detailed study those impacts that 

are not significant. 

(d) Work with other agencies to identify and integrate 

environmental studies required for other government ap­

• 

(2) A draft EIS (DEIS) allows the lead agency to provals with the EIS, where feasible. 

consult with members of the public, affected tribes, and (3) Agencies, affected tribes, and the public should 

agencies with jurisdiction and with expertise. The lead comment promptly and as specifically as permitted by 

agency shall issue a DEIS and consider comments as the details available on the proposal. 

stated in Part Five. 

lCh. 197-11 WAC-p 9J 
Part Four-197-11-408 SEPA Rules 

(4) Meetings or scoping documents, including notices matter who participates in the preparation of the EIS, it 

that the scope has been revised, may be used but are not 

required. The lead agency shall integrate the scoping 

process with its existing planning and decisionmaking 

process in order to avoid duplication and delay. 

(5) The lead agency shall revise the scope of an EIS if 

substantial changes are made later in the proposal, or if 

significant new circumstances or information arise that 

bear on the proposal and its significant impacts. 

(6) DEISs shall be prepared according to the scope 

decided upon by the lead agency in its ,scoping process. 

(7) EIS preparation may begin during scoping. ' 

WAC 197-11-410 Expanded scoping. (Optional) 

(1) At its option, the lead agency may expand, the 

scoping process to include any or' all of the following, 

which may be applied on a proposal-by-proposal basis: 

(a) Using questionnaires or information packets. 

(b) Using meetings or worksh9ps, which may be combined with any other early planning meetings of the 

agency. 

(c) Using a coordinator or team from inside or outside 

the agency. 

(d) Developing cooperative consultation and exchange 

of information among agencies before the EIS is prepared, rather than awaiting submission of comments on 

a completed document. 

(e) Coordinating and integrating other government 

reviews and approvals with the EIS process through 

memoranda or other methods. 

(f) Inviting participation of agencies with jurisdiction 

or expertise from various levels of government, such as 

regional or federal agencies. 

(g) Using other methods as the lead agency may find 

helpful. 

(2) Use of expanded scoping is intended to promote 

interagency cooperation, public participation, and innovative ways to streamline the SEPA process. Steps shall 

'be taken, as the lead agency determines appropriate, to 

encourage and assist public participation. There' are no 

specified procedural requirements for the methods, techniques, or documents which may be used in an expanded 

scoping process, to provide maximum flexibility to meet 

these purposes. 

(3) The lead agency shall consult with an applicant 

prior to deciding the method and schedule for an expanded scoping process. 

(4) Under expanded scoping, an applicant may request, in which case the lead agency shall set, a date by 

which the lead agency shall determine the scope of the 

EIS, including the need for any field investigations (to 

the extent permitted by the details available on the proposal). The date shall occur thirty days or less after the 

DS is issued, unless the lead agency and applicant agree 

upon a later date. 

WAC 197-11-420 EIS preparation. For draft and 

final EISs and SEISs: 

(1) Preparation of the EIS is the responsibility of the 

lead agency, by or under the direction of its responsible 

official, as specified by the lead agency's procedures. No 

leb. 197-11 WAC-p 101 

is the EIS of the lead agency. The responsible official,
 

prior to distributing an EIS, shall be satisfied that it C
 

complies with these rules and the procedures of the lead
 

agency.
 

(2) The lead agency may have an EIS prepared by 

agency staff, an applicant or its agent, or by an outside 

consultant retained by either an applicant or the lead 

agency. The lead agency shall assure that the EIS is 

prepared in a professional manner and with appropriate 

interdisciplinary methodology. The responsible official 

shall direct the areas of research and examination to be 

undertaken as a result of the scoping process, as well as 

the organization of the resulting document. 

(3) If a person other than the lead agency is preparing 

the EIS, the lead agency shall: 

(a) Coordinate any scoping procedures so that the individual preparing the EIS receives all substantive information submitted by any agency or person; 

(b) Assist in obtaining any information on file with 

another agency that is needed by the person preparing 

the EIS; 

(c) Allow any party preparing an EIS access to all 

public records of the lead agency that relate to the subject of the EIS, under chapter 42.17 RCW (Public Disclosure and Public Records Law). 

(4) Every agency shall specifically provide in its own 

procedures those situations in which an applicant may be 

required or authorized to help prepare an EIS. Agency 

procedures may not require more information of an applicant than allowed by 197-11-100, but may authorize C 

less participation. An applicant may volunteer to provide 

any information or effort desired, as long as the EIS is 

supervised and approved by the responsible official. 

These rules do not prevent an agency from charging any 

fees which the agency is otherwise allowed to charge 

(197-11-914). 

WAC 197-11-425 Style and size. (1) Environmental impact statements shall be readable reports, which 

allow the reader to understand the most significant and 

vital information concerning the proposed action, alternatives, and impacts, without turning to other documents, as provided below and in 197-11-402. ' 

(2) Environmental impact statements shall be concise 

and written in plain language. EISs shall not be excessively detailed or overly technical. EISs shall explain 

plainly the meaning of technical terms not generally understood by the general public. This may be done in a 

glossary or footnotes or by some other means. EISs may 

include an index for ease in using the statement. 

(3) Most of the text of an environmental impact 

statement shall discuss and compare the environmental 

impacts and their significance, rather than describe the 

proposal and the environmental setting. Detailed descriptions may be included in appendices or supporting 

documents. 

(4) The text of an EIS (197-11-430(3» normally 

ranges from thirty to fifty pages and may be shorter. Ci 

The EIS text shall not exceed seventy-five pages; except 

for proposals of unusual scope or complexity, where the 
SEPA Rules Part Four-197-11-440 

• 

EIS shall not exceed one hundred fifty pages. Appendices and background material shall be bound separately 

from the EIS if they exceed twenty-five pages, except if 

the entire document does not exceed one hundred pages 

or a FEIS is issued under 197-11-560(5). 

(5) If the lead agency decides that additional descriptive material or supporting documentation may be helpful for readers, this background information may be 

placed in appendices or in separate documents, and shall 

be readily available to agencies and the public during 

the comment period. 

(6) Agencies shall incorporate material into an environmental impact statement by reference to cut down on 

bulk, if an agency can do so without impeding agency 

and public review of the action (197-11-600 and 197­

11-635). 

WAC 197-11-430 Format. (1) A cover letter or 

memo from the lead agency shall precede the EIS (197­

11-435). A fact sheet (197-11-440(2» shall be the first 

section of every EIS. 

(2) The following format should be used unless the 

lead agency determines that a different format would 

improve clear presentation of alternatives and environmental analysis for a particular proposal (except that the 

fact sheet shall always be the first section of an EIS): 

(a) Fact sheet. 

• 

(b) Table of contents (may include the list of elements 

of the environment). 

(c) Summary. 

(d) Alternatives, including the proposed action. 

(e) Affected environment, significant impacts, and 

mitigation measures (other than those included in the 

proposed action). 

(f) Distribution list (may be included in appendix). 

(g) Appendices, if any (including, for FEIS, comment 

letters and any separate responses). 

(3) The EIS text is divided into two sections: (d) and 

(e) above. Agencies have wide latitude to organize and 

present material as they see fit within these two basic 

sections. Agencies are not required to discuss each subject in 197...,-11-440 (5) and (6) and 197-11-444 in a 

separate section of the EIS. 

(4) Additional forma t considerations. 

(a) Where relevant to the alternatives and impacts of 

a proposal, the analysis specified in 197-11-440 shall be 

included regardless of the format of a particular 

statement. 

(b) The format of a FEIS may differ, as specified by 

197-11-560. 

(c) Additional flexibility is provided in 197-11-442 

and 197-11-443 for environmental impact statements 

related to nonproject proposals. 

(d) The elements of the environment for purposes of 

analyzing environmental impacts are stated in 197-11­

444. 

WAC 197-11-435 Cover letter or memo. (l) A 

cover letter or memo shall precede every EIS, but shall 

not be considered part of the EIS for adequacy purposes. 

(2) The cover letter or memo: 

(a) Shall not exceed two pages; 

(b) Shall highlight the key environmental issues and 

options facing agency decisionmakers as known at the 

time of issuance; 

(c) May include beneficial, as well as adverse environmental impacts and may mention other relevant considerations for decisionmakers; 

(d) Shall identify, for SEIS's, the EIS being supplemented. 

WAC 197-11-440 EIS contents. (1) An EIS shall 

contain the following, in the style and format prescribed 

in the preceding sections. 

(2) Fact sheet. The fact sheet shall include the following information in this order: 

(a) A title and brief description (a few sentences) of 

the nature and location (by street address, if applicable) 

of the proposal, including principal alternatives. 

(b) The name of the person or entity making the 

proposal(s) and the proposed or tentative date for 

implementation. 

(c) The name and address of the lead agency, the responsible official, and the person to contact for questions, comments, and information. 

(d) A list of all licenses which the proposal is known 

to require. The licenses shall be listed by name and 

agency; the list shall be as complete and specific as 

possible. . 

(e) Authors and principal contributors to the EIS and 

the nature or subject area of their contributions. 

(f) The date of issue of the EIS. 

(g) The date comments are due (for DEISs). 

(h) The time and place of public hearings or meetings, 

if any and if known. 

(i) The date final action is planned or scheduled by 

the lead agency, if known. Agencies may indicate that 

the date is subject to change. The nature or type of final 

agency action should be stated unless covered in subsection (a) above. 

U) The type and timing of any subsequent environmental review to which the lead agency or other agencies have made commitments, if any. 

(k) The location of a prior EIS on the proposal, EIS 

technical reports, background data, adopted documents, 

and materials incorporated by reference for this EIS, if 

any. 

(1) The cost to the public for a copy of the EIS. 

(3) Table of contents. 

(a) The table of contents should list, if possible, any 

documents which are appended, adopted, or serve as 

technical reports for this EIS (but need not list each 

comment letter). 

• 

(e) Additional guidance on the distinction between (b) The table of contents may include the list of eleenvironmental and other considerations is given in 197­ ments of the environment (197-11-444), indicating 

11-448 and 197-11-450. those elements or portions of elements which do not in­

(f) EISs may be combined with other documents volve significant impacts. 

(197-11-640). 

[Ch. 197-11 WAC..,.-p 11] 
Part Four-197-11-440 SEPA Rules 

(4) Summary. The EIS shall summarize the contents 

of the statement and shall not merely be an expanded 

table of contents. The summary shall briefly state the 

proposal's objectives, specifying the purpose and need to 

which the proposal is responding, the major conclusions, 

significant areas of controversy and uncertainty, if any, 

and the issues to be resolved, including the environmental choices to be made among alternative courses of action and the effectiveness of mitigation measures. The 

summary need not mention every subject discussed in 

the EIS, but shall include a summary of the proposal, 

impacts, alternatives, mitigation measures, and significant adverse impacts that cannot be mitigated. The 

summary shall state when the EIS is part of a phased 

review, if known, or the lead agency is relying on prior 

or future environmental review (which should be generally identified). The lead agency shall make the summary sufficiently broad to be useful to the other 

agencies with jurisdiction. 

(5) Alternatives including the proposed action. 

(a) This section of the EIS describes and presents the 

proposal (or preferred alternative, if one or more exists) 

and alternative courses of action. 

(b) Reasonable alternatives shall include actions that 

could feasibly attain or approximate a proposal's objectives, but at a lower environmental cost or decreased 

level of environmental degradation. 

(i) The word "reasonable" is intended to limit the 

number and range of alternatives, as well as the amount 

of detailed analysis for each alternative. 

(ii) The "no-action" alternative shall be evaluated 

and compared to other alternatives. 

(iii) Reasonable alternatives may be those over which 

an agency with jurisdiction has authority to control impacts either directly, or indirectly through requirement 

of mitigation measures. 

(c) This section of the EIS shall: 

(i) Describe the objective(s), proponent(s), and principal features of reasonable alternatives. Include the 

proposed action, including mitigation measures that are 

part of the proposal. 

(ii) Describe the location of the alternatives including 

the proposed action, so that a lay person can understand 

it. Include a map, street address, if any, and legal description (unless long or in metes and bounds). 

(iii) Identify any phases of the proposal, their timing, 

and previous or future environmental analysis on this or 

related proposals, if known. 

(iv) Tailor the level of detail of descriptions to the 

significance of environmental impacts. The lead agency 

should retain any detailed engineering drawings and 

technical data, that have been submitted, in agency files 

and make them available on request. 

(v) Devote sufficiently detailed analysis to each reasonable alternative to permit a comparative evaluation of 

the alternatives including the proposed action. The 

amount of space devoted to each alternative may vary. 

One·alternative (including the proposed action) may be 

used as a benchmark for comparing alternatives. The 

EIS may indicate the main reasons for eliminating alternatives from detailed study. 

lCh. 197-11 WAC-p 12) 

(vi) Present a comparison of the environmental impacts of the reasonable alternatives, and include the no 

action alternative. Although graphics may be helpful, a 

matrix or chart is not required. A range of alternatives c 

or a few representative alternatives, rather than every 

possible reasonable variation, may be discussed. 

(vii) Discuss the benefits and disadvantages of reserving for some future time the implementation of the proposal, as compared with possible approval at this time. 

The agency perspective should be that each generation 

is, in effect, a trustee of the environment for succeeding 

generations. Particular attention should be given to the· 

possibility of foreclosing future options by implementing 

the proposal. 

(d) When a proposal is for a private project on a specific site, the lead agency shall be required to evaluate 

only the no action alternative plus other reasonable alternatives for achieving the proposal's objective on the 

same site. This subsection shall not apply when the proposal includes a rezone, unless the rezone is for a use allowed in an existing comprehensive plan that was 

adopted after review under SEPA. Further, alternative 

sites may be evaluated if other locations for the type of 

proposed use have not been included or considered in 

existing planning or zoning documents. 

(6) Affected environment, significant impacts, and 

mitigation measures. 

(a) This section of the EIS shall describe the existing 

environment that will be affected by the proposal, analyze significant impacts of alternatives including the 

proposed action, and discuss reasonable mitigation measures that would significantly mitigate these impacts. c 

Elements of the environment that are not significantly 

affected need not be discussed. Separate sections are not 

required for each subject (see 197-11-430(3)). 

(b) General requirements for this section of the EIS. 

(i) This section shall be written in a nontechnical 

manner which is easily understandable to lay persons 

whenever possible, with the discussion commensurate 

with the importance of the impacts. Only significant impacts must be discussed; other impacts may be discussed. 

(ii) Although the lead agency should discuss the affected environment, environmental impacts, and other 

mitigation measures together for each element of the 

environment where there is a significant impact, the responsible official shall have the flexibility to organize 

this section in any manner useful to decisionmakers and 

the public (see 197-11-430(3)). 

(iii) This subsection is not intended to duplicate the 

analysis in subsection (5) and shall avoid doing so to the 

fullest extent possible. 

(c) This section of the EIS shall: 

(i) Succinctly describe the principal features of the 

environment that would be affected, or created, by the 

alternatives including the proposal under consideration. 

Inventories of species should be avoided, although rare, 

threatened, or endangered species should be indicated. 

(ii) Describe and discuss significant impacts that will 

narrow the range or degree of beneficial uses of the en­ () vironment or pose long term risks to human health or 
SEPA Rules	 Part Four-197-11-443 

• 

the environment, such as storage, handling, or disposal 

of toxic or hazardous material. 

(iii) Clearly indicate those mitigation measures (not 

described in the previous section as part of the proposal 

or alternatives), if any, that could be implemented or 

might be required, as well as those, if any, that agencies 

or applicants are committed to implement. 

(iv) Indicate what the intended environmental benefits 

of mitigation measures are for significant impacts, and 

may discuss their technical feasibility and economic 

practicability, if there is concern about whether a mitigation measure is capable of being accomplished. The 

EIS need not analyze mitigation measures in detail unless they involve substantial changes to the proposal 

causing significant adverse impacts, or new information 

regarding significant impacts, and those measures will 

not be subsequently analyzed under SEPA (see 197-11­

660(2». An EIS may briefly mention nonsignificant impacts or mitigation measures to satisfy other environmental review laws or requirements covered in the same 

document (197-11-402(8) and 197-11-640). 

(v) Summarize significant adverse impacts that can.. 

not or will not be mitigated. 

(d) This section shall incorporate, when appropriate: 

(i) A summary of existing plans (for example: land 

use and shoreline plans) and zoning regulations applicable to the proposal, and how the proposal is consistent 

and inconsistent with them. 

• 

(ii) Energy requirements and conservation potential.of 

various alternatives and mitigation measures, including 

more efficient use of energy, such as insulating, as well 

as the use of alternate and renewable energy resources. 

(iii) Natural or depletable resource requirements and 

conservation potential of various alternatives and mitigation measures. 

(iv) Urban quality, historic and cultural resources, 

and the design of the built environment, including the 

reuse and conservation potential of various alternatives 

and mitigation measures. 

(e) Significant impacts on both the natural environment and the built environment must be analyzed, if 

relevant (197-11-444). This involves impacts upon and 

the quality of the physical surroundings, whether they 

are in wild, rural, or urban areas. Discussion of significant impacts shall include the cost of and effects on 

public services, such as utilities, roads, fire, and police 

protection, that may result from a proposal. EISs shall 

also discuss significant environmental impacts upon land 

and shoreline use, which includes housing, physical 

blight, and significant impacts of projected population 

on environmental resources, as specified by RCW 43­

.21C.II0 (1) (d) and (f), as listed in 197-11-444. 

(7) Appendices. Comment letters and responses shall 

be circulated with the FEIS as specified by 197-11-560. 

Technical reports and supporting documents need not be 

circulated with an EIS (197-11-425(4) and 197-11­

the agency's decision, whether or not environmental. The 

inclusion of such analysis may be based upon comments 

received during the scoping process. The provision for 

combining documents may be used (197-11-640). The 

EIS shall comply with the format requirements of this 

Part. The decision whether to include such information 

and the adequacy of any such additional analysis shall 

not be used in determining whether an EIS meets the 

requirements of SEPA. 

WAC 197-11-442 Contents of EIS on nonproject 

proposals. (1) The lead agency shall have more flexibility in preparing EISs on nonproject proposals, because 

there is normally less detailed information available on 

their environmental impacts and on any subsequent 

project proposals. The EIS may be combined with other 

planning documents. 

(2) The lead agency shall discuss impacts and alter­

. natives	 in the level of detail appropriate to the scope of 

the nonproject proposal and to the level of planning for 

the proposal. Alternatives should be emphasized. In particular, agencies are encouraged to describe the proposal 

in terms of alternative means of accomplishing a stated 

objective (see 197-11-060(3». Alternatives including 

the proposed action should be analyzed at a roughly 

comparable level of detail, sufficient to evaluate their 

comparative merits (this does not require devoting the 

same number of pages in an EIS to each alternative). 

(3) If the nonproject proposal concerns a specific geographic area, site specific analyses are not required, but 

may be included for areas of specific concern. The EIS 

should identify subsequent actions that would be undertaken by other agencies as a result of the nonproject 

proposal, such as transportation and utility systems. 

(4) The EIS's discussion of alternatives for a comprehensive plan, community plan, or other areawide zoning 

or for shoreline or land use plans shall be limited to a 

general discussion of the impacts of alternate proposals 

for policies contained in such plans, for land use or 

shoreline designations, and for implementation measures. The lead agency is not required under SEPA to 

examine all conceivable policies, designations, or implementation measures but should cover a range of such 

topics. The EIS content may be limited to a discussion 

of alternatives which have been formally proposed or 

which are, while not formally proposed, reasonably related to the proposed action. 

WAC 197-11-443 EIS contents when prior nonproject EIS. (1) The provisions for phased review (197-11­

060(5» and use of existing environmental documents, 

Part Six, apply to EISs on nonproject proposals. 

(2) A nonproject proposal may be approved based on 

an EIS assessing its broad impacts. When a project is 

then proposed that is consistent with the approved nonproject action, the EIS on such a project shall focus on 

•

440(2)(k», but shall be readily available to agencies and the impacts and alternatives including mitigation meathe public during the comment period. sures specific to the subsequent project and not analyzed 

(8) (Optional) The lead agency may include, in an in the nonproject EIS. The scope shall be limited acEIS or appendix, the analysis of any impact relevant to cordingly. Procedures for use of existing documents shall 

be used as appropriate, see Part Six. 

[Ch. 197-11 WAC-p 13] 
Part Four-197-11-443 SEPA Rules 

(3) When preparing a project EIS under the preceding subsection, the lead agency shall review the nonproject EIS to ensure that the analysis is valid when applied 

to the current proposal, knowledge, and technology. If it 

is not valid, the analysis shall be reanalyzed in the 

project EIS. 

WAC 197-11-444 Elements of the environment. (1) 

Natural environment 

(a) Earth 

(i) Geology 

(ii) Soils 

(iii) Topography 

(iv) Unique physical features 

(v) Erosion/enlargement of land area (accretion) 

(b) Air 

(i) Air quality 

(ii) Odor 

(iii) Climate 

(c) Water 

(i) Surface water movement/quantity/quality 

(ii) Runoff/absorption 

(iii) Floods 

(iv) Ground water movement/quantity/quality 

(v) Public water supplies 

(d) Plants and animals 

(i) Habitat for and numbers or diversity of species of 

plants, fish, or other wildlife 

(ii) Unique species 

(iii) Fish or wildlife migration routes 

(e) Energy and natural resources 

(i) Amount required/rate of use/efficiency 

(ii) Source/availability 

(iii) Nonrenewable resources 

(iv) Conservation and renewable resources 

(v) Scenic resources 

(2) Built environment 

(a) Environmental health 

(i) Noise 

(ii) Risk of explosion 

(iii) Releases or potential releases to the environment 

affecting public health, such as toxic or hazardous 

materials 

(b) Land and shoreline use 

(i) Relationship to existing land use plans and to estimated population 

(ii) Housing 

(iii) Light and glare 

(iv) Aesthetics 

(v) Recreation 

(vi) Historic and cultural preservation 

(vii) Agricultural crops 

(c) Transportation 

(i) Transportation systems 

(ii) Vehicular traffic 

(iii) Waterborne, rail, and air traffic 

(iv) Parking 

(v) Movement/circulation· of people or goods 

(vi) Traffic hazards 

(d) Public services and utilities 

(i) Fire 

lCh. 197-11 WAC-p 14] 

(ii) Police 

(iii) Schools 

(iv) Parks or other recreational facilities C 

(v) Maintenance 

(vi) Communications 

(vii) Water/storm water 

(viii) Sewer/solid waste 

(ix) Other governmental services or utilities 

(3) To simplify the EIS format, reduce paperwork and 

duplication, improve readability, and focus on the significant issues, some or all of the elements of the environment in 197-11-444 may be combined. 

WAC 197-11-448 Relationship of EIS to other 

considerations. (1) SEPA contemplates that the general 

welfare, social, economic, and other requirements and 

essential considerations of state policy will be taken into 

account in weighing and balancing alternatives and in 

making final decisions. However, the environmental impact statement is not required to evaluate and document 

all of the possible effects and considerations of a decision 

or to contain the balancing judgments that must ultimately be made by the decisionmakers. Rather, an environmental impact statement analyzes environmental 

impacts and must be used by agency decisionmakers, 

along with other relevant considerations or documents, 

in making final decisions on a proposal. The EIS provides a basis upon which the responsible agency and officials can make the balancing judgment mandated by 

SEPA, because it provides information on the environmental costs and impacts. SEPA does not require that C 

an EIS be an agency's only decisionmaking document. 

(2) The term "socioeconomic" is not used in the statute or in these rules because the term does not have a 

uniform meaning and has caused a great deal of uncertainty. Areas of urban environmental concern which 

must be considered are specified in RCW 

43.21C.110(1)(f), the environmental checklist (197-11­

960) and 197-11-440 and 197-11-444. 

(3) Examples of information that are not required to 

be discussed in an EIS are: Methods of financing proposals, economic competition, profits and personal income and wages, and social policy analysis (such as 

fiscal and welfare policies and nonconstruction aspects of 

education and communications). EISs may include 

whether housing is low, middle, or high income. 

(4) Agencies have the option to combine EISs with 

other documents or to include additional analyses in 

EISs, that will assist in making decisions (197-11­

440(8) and 197-11-640). Agencies may use the scoping 

process to help identify issues of concern to citizens. 

WAC 197-11-450 Cost-benefit analysis. A costbenefit analysis (197-11-726) is not required by SEPA. 

If a cost-benefit analysis relevant to the choice among 

environmentally different alternatives is being considered by an agency for the proposal, it may be incorporated by reference or appended to the statement as an 

aid in evaluating the environmental consequences. For 0 

purposes of complying with SEPA, the weighing of the 

merits and drawbacks of the various alternatives need 
SEPA Rules Part Four-197-11-502 

not be displayed in a monetary cost-benefit analysis and (2) The responsible official shall send the FEIS, or a 

• 

should not be when there are important qualitative considerations. 

WAC 197-11-455 Issuance of DEIS. (1) A draft 

EIS shall be issued by the responsible official and sent to 

the following: 

(a) The department of ecology (2 copies). 

(b) Each federal agency with jurisdiction over the 

proposal. 

(c) Each agency with jurisdiction over or environmental expertise on the proposal. 

(d) Each cityjcounty in which adverse environmental 

impacts identified in the EIS may occur, if the proposal 

were implemented. 

(e) Each local agency or political subdivision whose 

public services would be changed as a result of implementation of the proposal. 

(f) The applicable local, area-wide, or regional 

agency, if any, that has been designated under federal 

law to conduct intergovernmental review and coordinate 

federal activities with state or local planning. 

(g) Any person requesting a copy of the EIS from the 

lead agency (fee may be charged for DEIS, see 197-11­

504). 

(h) Any affected tribe. 

• 

(2) The lead agency is encouraged to send a notice of 

availability or a copy of the DEIS to any person, organization or governmental agency that has expressed an 

interest in the proposal, is known by the lead agency to 

have an interest in the type of proposal being considered, 

or receives governmental documents (for example, local 

and regional libraries). This is not meant to duplicate 

subsection (1) (g) of this section. 

(3) The lead agency should make additional copies 

available at its offices "to be reviewed or obtained. 

(4) The date of issue is the date the DEIS is publicly 

available and sent to the department of ecology and 

other agencies with jurisdiction. 

(5) Notice that a DEIS is available shall be given under 197-11-510. 

(6) Any person or agency shall have thirty days from 

the date of issue in which to review and comment upon 

the DEIS. 

(7) Upon request, the lead agency may grant an extension of up to fifteen days to the comment period. 

Agencies and the public must request any extension before the end of the comment period. 

(8) The rules for notice, costs, commenting, and response to comments on EISs are stated in Part Five of 

these "rules. 

WAC 197-11-460 Issuance of FEIS. (1) A final 

EIS (FEIS) shall be issued by the responsible official 

and sent to the department of ecology (2 copies), to all 

agencies with jurisdiction, to all agencies who comnotice that the FEIS is available, to anyone who commented on the DEIS and to those who received but did 

not comment on the DEIS. If the agency receives petitions from a specific group or organization, a notice or 

EIS may be sent to the group and not to each petitioner. 

Failure to notify any individual under this subsection 

shall not affect the legal validity of an agency's SEPA 

compliance. 

(3) The lead agency should make additional copies 

available in its offices for review. 

(4) The date of issue is the date the FEIS, or notice of 

availability, is sent to the persons and agencies specified 

in the preceding subsections and the FEIS is publicly 

available. Copies sent to the department of ecology shall 

satisfy the statutory requirement of availability to the 

governor and to the ecological commission. 

(5) Agencies shall not act on a proposal for which an 

EIS has been required prior to seven days after issuance 

of the FEIS. 

(6) The lead agency shall issue the FEIS within sixty 

days of the end of the comment period for the DEIS, 

unless the proposal is unusually large in scope, the environmental impact associated with the proposal is unusually complex, or extensive modifications are required to 

respond to public comments. 

(7) The form and content of the FEIS is specified in 

197-11-560. 

PART FIVE - COMMENTING 

WAC 197-11-500 Purpose of this Part. This Part 

provides rules for: 

(1) Notice and public availability of environmental 

documents, especially environmental impact statements; 

(2) Consultation and comment by agencies and members of the public on environmental documents; 

(3) Public hearings and meetings; and 

(4) Lead agency response to comments and preparation of final environmental impact statements. Review, 

comment, and responsiveness to comments on a draft 

EIS are the focal point of the act's commenting process 

because the DEIS is developed as a result of scoping and 

serves as the basis for the final statement. 

WAC 197-11-502 Inviting comment. (1) Agency 

efforts to involve other agencies and the public in the 

SEPA process should be commensurate with the type 

and scope of the environmental document. 

(2) Consulted agencies have a responsibility to respond in a timely and specific manner to requests for 

comments (197-11-545, 197-11-550, and 197-11-724). 

(3) Threshold determinations. 

(a) Agencies shall send DNSs to other agencies with 

•
 

mented on the DEIS, and to anyone requesting a copy of jurisdiction, if any, as required by 197-11-340(2).
 

the FEIS. (Fees may be charged for the FEIS, see 197­ (b) For DNSs issued under 197-11-340(2), agencies
 

11-504.) shall provide public notice under 197-11-510 and re­


ceive comments on the DNS for fifteen days. 

(4) Scoping. 

[Ch. 197-11 WAC-p IS) 
Part Five-197-11-502 SEPA Rules 

(a) Agencies shall circulate the DS and invite comments on the scope of an. EIS, as required by 197-11­

360, 197-11-408, and 197-11-510. 

(b) Agencies may use other reasonable methods to inform agencies and the public, such as those indicated in 

197-11-410. 

(c) The lead agency determines the method for commenting (197-11-408 and 197-11-410). 

(5) DE/S. 

(a) Agencies shall invite comments on and circulate 

DEISs as required by 197-11-455. 

(b) The commenting period shall be thirty days unless 

extended by the lead agency under 197-11-455. 

(c) Agencies shall comment and respond as stated in 

this Part. This meets the act's formal consultation and 

comment requirement in RCW 43.21C.030(2)(d). 

(6) Public hearings and meetings. 

(a) Public hearings or meetings may be held (197-11­

535). Notice of such public hearings shall be given under 197-11-510 and may be combined with other 

agency notice. 

(b) In conjunction with the requirements of 197-11­

510, notice of public hearings shall be published no later 

than ten days before the hearing. For nonproject proposals, notice of the public hearing shall be published in 

a newspaper of general circulation in the general area 

where the lead agency· has its principal offices. For nonproject proposals having a regional or state-wide applicability, copies of the notice shall be given to the Olympia 

bureaus of the associated press and united press 

international. 

(7) FE/S. Agencies shall circulate FEISs as required 

by 197-11-460. 

(8) Supplements. 

(a) Notice for and circulation of draft and final SEISs 

shall be done in the same manner as other draft and final EISs. 

(b) When a DNS is issued after a DS has been withdrawn (197-11-360(4)), agencies shall give notice under 

197-11-510 and receive comments for fifteen days. 

(c) An addendum need not be circulated unless required under 197-11-625. 

(9) Appeals. Notice provisions for appeals are in 197­

11-680. 

(10) Agencies may circulate any other envit;onmental 

documents for the purpose of providing "information or 

seeking comment, as an agency deems appropriate. 

(11) In addition to any required notice or circulation, 

agencies may use any other reasonable methods, to inform agencies and the public that environmental documents are available or that hearings will occur. 

(12) Agencies may combine SEPA notices with other 

agency notices. However, the SEPA information must be 

identifiable. 

WAC 197-11-504 Availability and cost of environmental documents. (1) SEPA documents required by 

these rules shall be retained by the lead agency and 

(2) The lead agency shall make copies of any environmental document available in accordance with chapter 42.17 RCW, charging only those costs allowed plus 

mailing costs. However, no charge shall be levied for o 

circulation of documents to other agencies as required 

by these rules. Agencies are encouraged; if requested, to 

waive the charge for an environmental document (not 

including the SEPA REGISTER) provided to a public 

interest organization. 

WAC 197-11-508 SEPA REGISTER. (1) The department of ecol~gy shall publish and mail each week a 

SEPA REGISTER, giving notice of all environmental 

documents required to be sent to the department of 

ecology under these rules, specifically: 

(a) DNSs under 197-11-340(2); 

(b) DSs (scoping notices) under 197-11-408; 

(c) EISs under 197-11-455, 197-11-460, 197-11­

620, and 197-11-630; and 

(d) Notices of Action under RCW 43.21C.080 and 

43.21C.087. 

(2) All agencies shall submit the environmental documents listed in subsection (1) to the department 

promptly and in· accordance with procedures established 

by the department. 

(3) Agencies are encouraged to subscribe to the SEPA 

REGISTER. 

(4) The department: 

(a) May establish a reasonable format for publishing 

the required notices in the SEPA REGISTER; 

(b) May charge a reasonable fee for the SEPA REGISTER as allowed by law, in at least the amount al­ o 

lowed by chapter 42.17 RCW, from agencies, members 

of the public, and interested organizations. 

(5) Members of the public, citizen and community 

groups, and educational institutions are encouraged to 

subscribe and refer to the SEPA REGISTER for notice 

of SEPA actions which may affect them. 

WAC 197-11-510 Public notice. (1) When these 

rules require notice to be given under this section, the 

lead agency must use reasonable methods to inform the 

public and other agencies that an environmental document is being prepared or is available and that public 

hearing(s), if any, will be held. The agency may use its 

existing notice procedures. 

Examples of reasonable methods to inform the public 

are: 

(a) Posting the property, for site-specific proposals; 

(b) Publishing notice in a newspaper of g~neral circulation in the county, city, or general area where the proposal is located; 

(c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal 

being considered; 

(d) Notifying the news media; 

(e) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or 

made available in accordance with chapter 42.17 RCW. (f) Publishing notice in agency newsletters and/or 

sending notice to agency mailing lists (either general o 

lists or lists for specific proposals or subject areas). 

[Ch. 197-11 WAC-p 16) 
SEPA Rules Part Five-197-11-560 

• 

(2) Each agency shall specify its method of public notice in its SEPA procedures, 197-11-904 and 197-11­

906. If an agency does not specify its method of public 

notice or does not adopt SEPA procedures, the agency 

shall use methods (a) and (b) in subsection (1). 

(3) Documents which are required to be sent to the 

department of ecology under these rules will be published in the SEPA REGISTER, which will also constitute a form of public notice. However, publication in the 

SEPA REGISTER shall not, in itself, meet compliance 

with this section. 

WAC 197-11-535 Public hearings and meetings. (1) 

If a public hearing on the proposal is held under some 

other requirement of law, such hearing shall be open to 

consideration of the environmental impact of the proposal, together with any environmental document that is 

available. This does not require extension of the comment periods for environmental documents. 

(2) In all other cases a public hearing on the environmental impact of a proposal shall be held whenever one 

or more of the following situations occur: 

(a) The lead agency determines, in its sole discretion, 

that a public hearing would assist it in meeting its responsibility to implement the purposes and policies of 

SEPA and these rules; or 

• 

(b) When fifty or more persons residing within the 

jurisdiction of the lead agency, or who would be adversely affected by the environmental impact of the proposal, make written request to the lead agency within 

thirty days of issuance of the draft EIS; or 

(c) When two or more agencies with jurisdiction over 

a proposal make written request to the lead agency 

within thirty days of the issuance of the draft EIS. 

(3) Whenever a public hearing is held under subsection (2) of this section, it shall occur no earlier than fifteen days from the date the draft EIS is issued, nor later 

than fifty days from its issuance. Notice shall be given 

under 197-11-502(6) and 197-11-510 and may be 

combined with other agency notice. 

(4) If a public hearing is required under this chapter, 

it shall be open to discussion of all environmental documents and any written comments that have been received by the lead agency prior to the hearing. A copy of 

the environmental document shall be available at the 

public hearing. 

(5) Comments at public hearings should be as specific 

as possible (see 197-11-550). 

(6) Agencies and their designees may hold informal 

public meetings or workshops. Such gatherings may be 

more flexible than public hearings and are not subject to 

the above notice and similar requirements for public 

hearings. 

WAC 197-11-545 Effect of no comment. (1) Consulted agencies. If a consulted agency does not respond 

expertise. Any consulted agency that fails to submit 

substantive information to the lead agency in response to 

a draft EIS is thereafter barred from alleging any defects in the lead agency's compliance with Part Four of 

these rules. 

(2) Other agencies and the public. Lack of comment 

by other agencies or members of the public on environmental documents, within the time periods specified by 

these rules, shall be construed as lack of objection to the 

environmental analysis, if the requirements of 197-11­

510 are met. 

WAC 197-11-550 Specificity of comments. (1) 

Comments on an EIS, DNS, scoping notice or proposal 

shall be as specific as possible and may address either 

the adequacy of the environmental document or the 

merits of the alternatives discussed or both. 

(2) Commenters shall briefly describe the nature of 

any documents referenced in their comments, indicating 

the material's relevance, and should indicate where the 

material can be reviewed or obtained. 

(3) Methodology. When an agency criticizes a lead 

agency's predictive methodology, the commenting 

agency should describe, when possible, the alternative 

methodology which it prefers and why. 

(4) Additional information. A consulted agency shall 

specify in its comments whether it needs additional information to fulfill other applicable environmental reviews or consultation requirements and what information 

it needs, to the extent permitted by the details available 

on the proposal. 

(5) Mitigation measures. When an agency with jurisdiction objects to or expresses concerns about a proposal, 

it shall specify the mitigation measures, if any are possible, it considers necessary to allow an agency to grant or 

approve applicable licenses. 

(6) Comments by other agencies. Commenting agencies that are not consulted agencies shall specify any additional information or mitigation measures the 

commenting agency believes are necessary or desirable 

to satisfy its concerns. 

(7) Citizen comments. Recognizing their generally 

more limited resources, members of the public shall 

make their comments as specific as possible and are encouraged to comment on methodology needed, additional 

information, and mitigation measures in the manner in.,. 

dicated in this section. 

(8) An agency shall consider and may respond to 

comments as th~ agency de~ms appropriate; the requirements for responding in a FEIS shall be met (197-11­

560). 

WAC 197-11-560 FEIS response to comments. (1) 

The lead agency shall prepare a final environmental impact statement whenever a DEIS has been prepared, unless the proposal is withdrawn or indefinitely postponed. 

•

with written comments within the time periods for com­ The lead agency shall consider comments on the promenting on environmental documents, the lead agency posal and shall respond by one or more of the means 

may assume that the consulted agency has no informa­ listed below, including its response in the final statetion relating to the potential impact of the proposal as it ment. Possible responses are to: 

relates to the consulted agency's jurisdiction or special (a) Modify alternatives including the proposed action. 

[Cb. 197-11 WAC-p 17) 
Part Five-197-11-560 SEPA Rules 

(b) Develop and evaluate alternatives not previously 

given detailed consideration by the agency. 

(c) Supplement, improve, or modify the analysis. 

(d) Make factual corrections. 

(e) Explain why the comments do not warrant further 

agency response, citing the sources, authorities, or reasons that support the agency's response and, if appropriate, indicate those circumstances that would trigger 

agency reappraisal or further response. 

(2) All substantive comments received on the draft 

statement shall be appended to the final statement or 

summarized, where comments are repetitive or voluminous, and the summary appended. If a summary of the 

comments is used, the names of the commenters shall be 

included (except for petitions). 

(3) In carrying out subsection (1), the lead agency 

may respond to each comment individually, respond to a 

group of comments, cross-reference comments and corresponding changes in the EIS, or use other reasonable 

means to indicate an appropriate response to comments. 

(4) If the lead agency does not receive any comments 

critical of the. scope or content of the DEIS, the lead 

agency may so state in an updated fact sheet (197-11­

440(2)), which shall be circulated under 197-11-460. 

The FEIS shall consist of the DEIS and updated fact 

sheet. 

(5) If changes in response to comments are minor and 

are largely confined to the responses described in subsections (l)(d) and (e)· of this section, agencies may 

prepare and attach an addendum, which shall consist of 

the comments, the responses, the changes, and an updated fact sheet. The FEIS, consisting of the DEIS and 

the addendum, shall be issued under 197-11-460, except 

that only the addendum need be sent to anyone who received the DEIS. 

(6) An FEIS shall be issued and circulated under 

197-11-460. 

WAC 197-11-570 Consulted agency costs to assist 

lead agency. A consulted agency shall not charge the 

lead agency for any costs incurred in complying with 

197-11-550, including providing relevant data to the 

lead agency and copying documents for the lead agency. 

This section shall not prohibit a consulted agency from 

charging those costs allowed by chapter 42.17 RCW for 

copying any environmental document requested by an 

agency other than the lead agency or by an individual or 

private organization. This section does not prohibit 

agencies from making interagency agreements on cost or 

personnel sharing to provide environmental information 

to each other. 

PART SIX - USING EXISTING
 

ENVIRONMENTAL DOCUMENTS
 

be used unchanged and describes when existing documents may be used to meet all or part of an agency's 

responsibilities under SEPA. 

(2) An agency may use environmental documents that o 

have previously been prepared in order to evaluate proposed actions, alternatives, or environmental impacts. 

The proposals may be the same as, or different than, 

those analyzed in the existing documents. 

(3) Other agencies acting on the same proposal shall 

use an environmental document unchanged, except in 

the following cases: 

(a) For DNSs, an agency with jurisdiction is dissatisfied with the DNS, in which case it may assume lead 

agency status (197-11-340(2)(e) and 197-11-948). 

(b) For DNSs and EISs, preparation of a new threshold determination or supplemental EIS is required if 

there are: 

(i) Substantial changes to a proposal so that the proposa] is likely to have significant adverse environmental 

impacts (or lack of significant adverse impacts, if a DS 

is being withdrawn); or 

(ii) New information indicating a proposal's probable 

significant adverse environmental impacts. (This includes discovery of misrepresentation or lack of material 

disclosure.) A new threshold determination or SEIS is 

not required if probable significant adverse environmental impacts are covered by the range of alternatives and 

impacts analyzed in the existing environmental 

documents. 

(c) For EISs, the agency concludes that its written 

comments on the DEIS warrant additional discussion for o 

purposes of its action than that found in the lead agency's FEIS (in which case the agency may prepare a supplemental EIS at its own expense). 

(4) Existing documents may be used for a proposal by 

employing one or more of the following methods: 

(a) "Adoption", where an agency may use all or part 

of an existing environmental document to meet its responsibilities under SEPA. Agencies acting on the same 

proposal for which an environmental document was prepared are not required to adopt the document; or 

(b) "Incorporation by reference", where an agency 

preparing an environmental document includes all or 

part of an existing document by reference. 

(c) An addendum, that adds analyses or information 

about a proposal but does not substantially change the 

analysis of significant impacts and alternatives in the 

existing environmental document. 

(d) Preparation of a SEIS if there are: 

(i) Substantial changes so that the proposal is likely to 

have significant adverse environmental impacts; or 

(ii) New information indicating a proposal's probable 

significant adverse environmental impacts. 

(e) If a proposal is substantially similar to one covered 

in an existing EIS, that EIS may be adopted; additional 

information may be provided in an addendum or SEIS 

(see (c) and (d) of this subsection). 

WAC 197-11-600 When to use existing environdetermining 

mental documents. 

whether 

(1) 

an 

This 

environmental 

section contains 

document 

criteria 

must 

for 

agency 

WAC 

may 

197-11-610 

adopt any 

Use 

environmental 

of NEPA documents. 

analysis prepared 

(1) An o

[Ch. 197-11 WAC-p 18] 
SEPA Rules Part Six-197-11-630 

• 

under the National Environmental Policy Act (NEPA) 

by following 197-11-600 and 197-11-630. 

(2) A NEPA environmental assessment may be 

adopted to satisfy requirements for a determination of 

nonsignificance or EIS, if the requirements of 197-11­

600 and 197-11-630 are met. 

(3) An agency may adopt a NEPA EIS as a substitute for preparing a SEPA EIS if: 

(a) The requirements of 197-11-600 and 197-11-630 

are met (in which case the procedures in Parts Three 

through Five of these rules for preparing an EIS shall 

not apply); and 

(b) The federal EIS is not found inadequate: (i) By a 

court; (ii) by the Council on Environmental Quality 

(CEQ) (or is at issue in a predecision referral to CEQ) 

under the NEPA regulations; or (iii) by the administrator of the United States Environmental Protection 

Agency under section 309 of the Clean Air Act, 42 

U.S.C 1857. 

(4) Subsequent use by another agency of a federal 

EIS, adopted under subsection (3) of this section, for the 

same (or substantially the same) proposal does not require adoption, unless the criteria in 197-11-600(3) are 

met. 

• 

(5) If the lead agency has not held a public hearing 

within its jurisdiction to obtain comments on the adequacy of adopting a federal environmental document as 

a substitute for preparing a SEPA EIS, a public hearing 

for such comments shall be held if, within thirty days of 

circulating its statement of adoption, a written request is 

received from at least fifty persons who reside within the 

agency's jurisdiction or are adversely affected by the environmental impact of the proposal. The agency shall 

reconsider its adoption of the federal document in light 

of public hearing comments. 

WAC 197-11-620 Supplemental environmental impact statement--Procedures. (1) An SEIS shall be prepared in the same way as a draft and final EIS· (197­

11-400 to 197-11-600), except that scoping is optional. 

The SEIS should not include analysis of actions, alternatives, or impacts that is in the previously prepared 

EIS. 

(2) The fact sheet and cover letter or memo for the 

SEIS shall indicate the EIS that is being supplemented. 

(3) Unless the SEPA lead agency wants to prepare 

the SEIS, an agency with jurisdiction which needs the 

SEIS for its action shall be responsible for SEIS preparation. 

WAC 197-11-625 Addenda--Procedures. (1) An 

addendum shall clearly identify the proposal for which it 

is written and the environmental document it adds to or 

modifies. 

(2) An agency is not required to prepare a draft 

addendum. 

(5) Agencies are encouraged to circulate addenda to 

interested persons. Unless otherwise provided in these 

rules, however, agencies are not required to circulate an 

addendum. 

WAC 197-11-630 Adoption--Procedures. (1) The 

agency adopting an existing environmental document 

must independently review the content of the document 

and determine that it meets the adopting agency's environmental review standards and needs for the proposal. 

However a document is not required to meet the adopting agency's own procedures for the preparation of environmental documents (such as circulation, commenting, 

and hearing requirements) to be adopted. 

(2) An agency shall adopt an environmental document 

by identifying the document and stating why it is being 

adopted, using the adoption form substantially as in 

197-11-965. The adopting agency shall ensure that the 

adopted document is readily available to agencies and 

the public by: 

(a) Sending a copy to agencies with jurisdiction that 

have not received the document, as shown by the distribution list for the adopted document; and 

(b) Placing copies in libraries and other public offices, 

or by distributing copies to those who request one. 

(3) When an existing EIS is adopted and: 

(a) A supplemental environmental impact statement 

or addendum is npt being prepared, the agency shall circulate its statement of adoption as follows: 

(i) The agency shall send copies of the adoption notice 

to the department of ecology, to agencies with jurisdiction, to cities/counties in which the proposal will be implemented, and to local agencies or political subdivisions 

whose public services would be changed as a result of 

implementation of the' proposal. 

(ii) The agency is encouraged to send the adoption 

notice to persons or organizations that have expressed an 

interest in the proposal or are known by the agency to 

have an interest in the type of proposal being considered, 

or the lead agency should announce the adoption in 

agency newsletters or through other means. 

(iii) No action shall be taken on the proposal until 

seven days after the statement of adoption has been issued. 'The date of issuance shall be the date the statement of· adoption has been sent to the department of 

ecology and other agencies and is publicly available. 

(b) A SEIS is being prepared, the agency shall include the statement of adoption in the SEIS; or 

(c) An addendum is being prepared, the agency shall 

include the statement of adoption with the addendum 

and circulate both as in subsection (3)(a) of this section: 

(4) A copy of the adopted document must accompany 

the current proposal to the decisionmaker; the statement 

of adoption may be included. 

(5) If known, the adopting agency shall disclose in its 

addption notice when the adopted document or proposal 

• 

(3) An, addendum for a DEIS shall be circulated to it addresses is the subject of a pending appeal or has 

recipients of the initial DEIS under 197-J 1-455. been found inadequate on appeal. 

(4) If an addendum to a final EIS is prepared prior to
 

any agency decision on a proposal, the addendum shall
 

be circulated to the recipients of the final EIS. 

[eb. 197-11 WAC-p 19] 
Part Six-197-11-635 SEPA Rules 

WAC 197-11-635 Incorporation by reference-­

Procedures.· (1) Agencies should use existing studies and 

incorporate material by reference whenever appropriate. 

(2) Material incorporated by reference (a) shall be 

cited, its location identified, and its relevant content 

briefly described; and (b) shall be made available for 

public review during applicable comment periods. 

WAC 197-11-640 Combining documents. The 

SEPA process shall be combined with the existing planning, review, and project approval processes being used 

by each agency with jurisdiction. When environmental 

documents are required, they shall accompany a proposal through the existing agency review processes. Any 

environmental document in compliance with SEPA may 

be combined with any other agency documents to reduce 

duplication and paperwork and improve decisionmaking. 

The page limits in these. rules shall be met, or the combined document shall contain, at or near the beginning 

of the document, a separate summary of environmental 

considerations, as specified by 197-11-440(4). SEPA 

page limits need not be met for joint state-federal EISs 

prepared under both SEPA and NEPA, in which case 

the NEPA page restrictions (40 CFR 1502.7) shall apply. 

PART SEVEN - SEPA AND AGENCY
 

DECISIONS
 

WAC 197-11-650 Purpose of this Part. The purpose of this Part is to: 

(1) Ensure the use of concise, high quality environmental documents and information in making decisions. 

(2) Integrate the SEPA process with other laws and 

decisions. 

(3) Encourage actions that preserve and enhance environmental quality, consistent with other essential considerations of state policy. 

(4) Provide basic, uniform principles for the exercise 

of substantive authority and appeals under SEPA. 

WAC 197-11-655 Implementation. (1) See RCW 

43.21C.020, 43.21C.030(1), 43.21C.060, 43.21C.075, 

and 43.21 C.080. 

(2) Relevant environmental documents, comments, 

and responses shall accompany proposals through existing agency review processes, as determined by agency 

practice and procedure, so that agency officials use them 

in making decisions. 

(3) When a· decisionmaker considers a final decision 

on a proposal: 

(a) The alternatives in the relevant environmental 

documents shall be considered. 

(b) The range of alternative courses of action considered by decisionmakers shall be within the range of alternatives discussed in the relevant environmental 

documents. However, mitigation measures adopted need 

not be identical to those discussed in the environmental 

(c) If information about alternatives is contained in 

another decision document- which accompanies the relevant environmental documents to the decisionmaker,
 

agencies are encouraged to make that information avail­ o
 

able to the public before the decision is made.
 

WAC 197-11-660 Substantive authority and mitigation. (1) Any governmental action on public or private 

proposals that are not exempt may be conditioned or denied under SEPA to mitigate the environmental impact 

subject to the following limitations: 

(a) Mitigation measures or denials shall be based on 

policies, plans, rules, or regulations formally designated 

by the agency (or appropriate legislative body, in the 

case of local government) as a basis for the exercise of 

substantive authority and in effect when the DNS or 

DEIS is issued. 

(b) Mitigation measures shall be related to specific, 

adverse environmental impacts clearly identified in an 

environmental document on the proposal and shall be 

stated in writing by the decisionmaker. The decisionmaker shall cite the agency SEPA policy that is the basis of any condition or denial under this chapter (for 

proposals of applicants). After its decision, each agency 

shall make available to the public a document that states 

the decision. The document shall state the mitigation 

measures, if any, that will be implemented as part of the 

decision, including any monitoring of environmental impacts. Such a document may be the license itself, or may 

be combined with other agency documents,or may reference relevant portions of environmental documents. 

(c) Mitigation measures shall be reasonable and ca­ o 

pable of being accomplished. 

(d) Responsibility for implementing mitigation measures may be imposed upon an applicant only to the extent attributable to the identified adverse impacts of its 

proposal. Voluntary additional mitigation may occur; 

(e) Before requiring mitigation measures, agencies 

shall consider whether local, state, or federal requirements and enforcement would mitigate an identified significant impact. 

(f) To deny a proposal under SEPA, an agency must 

find that: 

(i) The proposal would be likely to result in significant 

adverse environmental impacts identified in a final or 

supplemental environmental impact statement prepared 

under this chapter; and 

(ii) Reasonable mitigation measures are insufficient to 

mitigate the identified impact. 

(2) Decisionmakers should judge whether possible 

mitigation measures are likely to protect or enhance environmental quality. EISs should briefly indicate the intended environmental benefits of mitigation measures 

for significant impacts (197-11-440(6)). EISs are not 

required to analyze in detail the environmental impacts 

of mitigation measures, unless the mitigation measures: 

(a) Represent substantial changes in the proposal so 

that the proposal is likely to have significant adverse environmental impacts, or involve significant new information indicating, or on, a proposal's probable significant o 

document. adverse environmental impacts; and 

[Ch. 197-11 WAC-p 20] 
SEPA Rules Part Seven-197-11-680 

• 

(b) Will not be analyzed in a subsequent environmental document prior to their implementation. 

(3) Agencies shall prepare a document that contains 

agency SEPA policies (197-11-902), so that applicants 

and members of the public know what these policies are. 

This document shall include, or reference by citation, the 

regulations, plans, or codes formally designated under 

this section and RCW 43.21C.060 as possible bases for 

conditioning or denying proposals. If only a portion of a 

regulation, plan, or code is designated, the document 

shall identify that portion. This document (and any documents referenced in it) shall be readily available to the 

public and shall be available to applicants prior to preparing a draft EIS. 

WAC 197-11-680 Appeals. (1) Introduction. Appeals provisions in SEPA are found in RCW 43.21C­

.060, 43.21C.075 and 43.21C.080. These rules attempt 

to construe and interpret the statutory provisions. In the 

event a court determines that these rules are inconsistent 

with statutory provisions, or with the framework and 

policy of SEPA, the statute will control. Persons considering either administrative or judicial appeal of any decision which involves SEPA at all are advised to read the 

statutory sections cited above. 

• 

(2) Appeal to local legislative body. RCW 43.21C.060 

allows an appeal to a local legislative body of any decision by a local nonelected official conditioning or denying a proposal under authority of SEPA. Agencies may 

establish procedures for such an appeal, or may eliminate such appeals altogether, by rule, ordinance or 

resolution. 

(3) Agency administrative appeal procedures. 

(a) Agencies may provide for an administrative appeal 

of determinations relating to SEPA in their agency 

SEPA procedures. If so, the procedures must comply 

with the following: 

(i) The agency must specify by rule, ordinance, or 

resolution that the appeals procedure is available. 

(ii) Appeal of the intermediate steps under SEPA 

(e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed. 

(iii) Appeals on SEPA procedures shall be limited to 

review of a final threshold determination and final EIS. 

The appeal of a final threshold determination may occur 

prior to an agency's final decision on a proposed action. 

(iv) An agency shall provide for only one administrative appeal of a threshold determination or of the adequacy of an EIS; successive administrative appeals on 

these issues within the same agency are not allowed. 

This limitation does not apply to appeals to a local legislative body under RCW 43.21C.060 (or another state 

statute) or to administrative appeals before another 

agency. 

(v) If the agency has made a decision on a proposed 

•

action, the appeal shall consolidate any allowed appeals 

of procedural and substantive determinations under 

SEPA. For example, an appeal of the adequacy of an 

EIS must be consolidated with an appeal of the agency's 

decision on the proposed action, if both appeals are allowed in agency procedures. 

(vi) Agencies shall provide that procedural determinations made by the responsible official shall be entitled 

to substantial weight. 

(b) Agencies providing for administrative appeals 

shall provide for a record as required by RCW 

43.21C.075(3)(c). 

(c) If an agency provides an administrative appeal 

procedure, that procedure must be used before anyone 

may initiate judicial review of any SEPA issue that 

could have been reviewed under the agency procedures. 

(4) Judicial appeals. 

(a) SEPA authorizes judicial appeals of both procedural and substantive compliance with SEPA. 

(b) When SEPA applies to a decision, any judicial 

appeal of that decision potentially involves both those issues pertaining to SEPA (SEPA issues) and those which 

do not (non-SEPA issues). RCW 43.21C.075 establishes 

time limits for raising SEPA issues, but says that existing statutes of limitations control the appeal of nonSEPA issues. The statute contemplates a single lawsuit, 

but allows for the SEPA and non-SEPA portions of that 

lawsuit to be filed at different times. 

(c) If there is a time limit established by statute or 

ordinance for appealing the underlying governmental 

action, then appeals (or portions thereof) raising SEPA 

issues must be filed within thirty days after the agency 

gives official notice (see subsection (5) of this section for 

content of official notice). 

(d) In any instance where subsection (c) of this subsection allows the SEPA portion of an appeal to be filed 

after the time limit established by statute or ordinance 

for appealing the underlying governmental action, some 

judicial action must be filed within the time set by statute or ordinance. That action may be later amended to 

raise SEPA issues within thirty days after the agency 

gives official notice (see subsection (5) of this section). 

In addition, where SEPA issues were first raised during 

an administrative appeal, any person desiring to raise 

SEPA issues by judicial appeal must submit a notice of 

intent to do so with the responsible official of the acting 

agency within the time limit set by statute or ordinance 

for appealing the underlying governmental action. 

(e) The notice of action procedures of RCW 43.21 C­

.080 may still be used. If this procedure is used, then the 

time limits for judicial appeal specified in RCW 43­

.21C.080 shall apply, unless there is a time limit established by statute or ordinance for appealing the 

underlying governmental action. If so, the time limit for 

appeal of SEPA issues shall be within thirty days after 

the agency gives official notice (see subsection (5) of this 

section). If the proposal requires more than one governmental decision that will be supported by the same 

SEPA documents, then RCW 43.21C.080 still only allows one judicial appeal of procedural compliance with 

SEPA, which must be commenced within the applicable 

time to appeal the first governmental decision. 

(f) If the time limit established by statute or ordinance for appealing the underlying governmental action 

is less than fifteen days, then the· notice of action in 

RCW 43.21C.080(l) may be given by publishing once 

[Cb. 197-11 WAC-p 21] 
Part Seven-197-11-680 SEPA Rules 

within that shorter time period, in a newspaper of general circulation in the area where the property that is the 

subject of the action is located, and meeting the other 

requirements of RCW 43.21C.080. 

(g) If there is no time limit established by statute or 

ordinance for appeal, and the notice of action provisions 

are not used, thenSEPA provides no time limit for judicial appeals. Appeal times may still be limited, however, 

by general statutes of limitation or the common law. 

(h) For the purposes of this subsection, "a time limit 

established by statute or ordinance" does not include 

time limits established by the general statutes of limitation in chapter' 4.16 RCW. 

(i) This subsection does not apply to petitions for judicial review of agency decisions in contested cases, or to 

petitions for a declaratory judgment on the validity of a 

rule, both of which are governed exclusively by the Administrative Procedure Act, chapter 34.04 RCW. 

(5) Official notice of the date and place for commencing an appeal. 

(a) Official notice of the date and place for commencing an appeal must be given if there is a time limit 

established by statute or ordinance for commencing an 

appeal of the underlying governmental action. The notice shall include: 

(i) The time limit for commencing appeal of the underlying governmental action and the statute or ordinance establishing the time limit; and 

(ii) The time for appealing SEPA issues (thirty days 

after notice); and 

(iii) A statement that a notice of intent is required, if 

a notice is required under subsection (4)(d) of this section, and instructions on where to send the notice and by 

what date; 'and 

(iv) Where an appeal may be filed. 

(b) Notice is given by: 

(i) Delivery of written notice to the applicant, all parties to any administrative appeal, and all persons who 

have requested notice of decisions with respect to the 

particular proposal in question; and 

(ii) Following the agency's normal methods of notice 

for the type of governmental action taken. 

(c) Written notice containing the information required 

by subsection (5)(a) of this section may be appended to 

the permit, decision documents, or SEPA compliance 

documents or may be printed separately. 

(d) Official notices required by this subparagraph 

shall not be given prior to final agency action. 

PART EIGHT - DEFINITIONS 

WAC 197-11-700 Definitions. (1) The terms used 

in these rules shall be uniform throughout the state as 

applied to SEPA (197-11-040). Agencies may add to 

certain of these definitions in their procedures, to help 

(a) Use of the singular shall include the plural and 

conversely. 

(b) "Preparation" of environmental documents refers C 

to preparing or supervising the preparation of documents, including issuing, filing, printing, circulating, and 

related requirements. 

(c) "Impact" refers to environmental impact. 

(d) "Permit" means "license" (197-11-760). 

(e) "Commenting" includes but is not synonymous 

with "consultation" (Part Five). 

(f) "Environmental cost" refers to adverse environmental impact and mayor may not be quantified. 

(g) "EIS" refers to draft, final, and supplemental 

EISs (197-11-405 and 197-11-738). 

(h) "Under" includes pursuant to, subject to, required 

by, established by, in accordance with, and similar expressions of legislative or administrative authorization or 

direction. 

(3) In these rules: 

(a) "Shall" is mandatory. 

(b) "May" is optional and permissive and does not 

impose a requirement. 

(c) "Include" means "include but not limited to." 

(4) The following terms are synonymous: 

(a) Effect and impact (197-11-752). 

(b) Environment and environmental quality (197-11­

740). 

(c) Major and significant (197-11-764 and 197-11­

794). 

(d) Proposal and proposed action (197-11-784). C·~~~.

(e) Probable and likely (197-11-782). /' 

WAC 197-11-702 Act. "Act" means the State Environmental Policy Act of 1971, chapter 43.21C RCW, 

as amended, which is also referred to as "SEPA". 

WAC 197-11-704 Action. (1) "Actions" include, as 

further specified below: 

(a) New and continuing activities (including projects 

and programs) entirely or partly financed, assisted, conducted, regulated, licensed, or approved by agencies; 

(b) New or revised agency rules, regulations, plans, 

policies, or procedures; and 

(c) Legislative proposals. 

(2) Actions fall within one of two categories: 

(a) Project actions. A project action involves a decision on a specific project, such as a construction or 

management activity located in a defined geographic 

area. Projects include and are limited to agency decisions to: 

(i) License, fund, or undertake any activity that will 

directly 'modify the environment, whether the activity 

will be conducted by the agency, an applicant, or under 

contract. 

(ii) Purchase, sell, lease, transfer, or exchange natural 

resources, including publicly owned land, whether or not 

the environment is directly modified. 

explain how they carry out SEPA, but shall not change 

these definitions (197-11-906). 

(b) Nonproject actions. Nonproject actions 

decisions on policies, plans, or progr~ms. involve 0 

(2) Unless the context clearly requires otherwise: 

lCh. 197-11 WAC-p 22J 
SEPA Rules Part Eight-197-11-722 

(i) The adoption or amendment of legislation, ordi­ 197-11-920; the list may be expanded in agency procenances, rules, or regulations that contain standards cone: trolling use or modification of the environment; 

(ii) The adoption or amendment of comprehensive 

land use plans or zoning ordinances; 

(iii) The adoption of any policy, plan, or program that 

will govern the development of a series of connected actions (197-11-060), but not including any policy, plan, 

or program for which approval must be obtained from 

any federal agency prior to implementation; 

(iv) Creation of a district or annexations to any city, 

town or district; 

(v) Capital budgets; and 

(vi) Road, street, and highway plans. 

(3) "Actions" do not include the activities listed above 

when an agency is not involved. Actions do not include 

bringing judicial or administrative civil or criminal enforcement actions (certain categorical exemptions in 

Part Nine identify in more detail governmental activities 

that would not have any environmental impacts and for 

which SEPA review is not required). 

• 

WAC 197-11-706 Addendum. "Addendum" means 

an environmental document used to provide additional 

information or analysis that does not substantially 

change the analysis of significant impacts and alternatives in the existing environmental document. The term 

does not include supplemental EISs. An addendum may 

be used at any time during the SEPA process. 

WAC 197-11-708 Adoption." Adoption" means an 

agency's use of all or part of an existing environmental 

document to meet all or part of the agency's responsibilities under SEPA to prepare an EIS or other environmental document. 

WAC 197-11-710 Affected tribe. Affected tribe or 

"treaty tribe" means any Indian tribe, band, nation or 

community in the state of Washington, that is federally 

recognized by the United States Secretary of the Interior and that will or may be affected by the proposal. 

WAC 197-11-712 Affecting. "Affecting" means 

having, or may be having, an effect on (see 197-11-752 

on impacts). For purposes of deciding whether an EIS is 

required and what the EIS must cover, "affecting" refers to having probable, significant adverse environmental impacts (RCW 43.21C.031 and 43.21C.110(1)(c)). 

WAC 197-11-714 Agency. (1) "Agency" means 

any state or local governmental body, board, commission, department, or officer authorized to make law, 

hear contested cases, or otherwise take the actions stated 

in 197-11-704, except the judiciary and state legislature. An agency is any state agency (197-11-796) or local agency (197-11-762). 

• 

(2) "Agency with environmental expertise" means an 

agency with special expertise on the environmental impacts involved in a proposal or alternative significantly 

affecting the environment. These agencies are listed in 

dures (197-11-906). The appropriate agencies must be 

consulted in the environmental impact statement process, as required by 197-11-502. 

(3) "Agency with jurisdiction" means an agency with 

authority to approve, veto, or finance all or part of a 

nonexempt proposal (or part of a proposal). The term 

does not include an agency authorized to adopt rules or 

standards of general applicability that could apply to a 

proposal, when no license or approval is required from 

the agency for the specific proposal. The term also does 

not include a local, state, or federal agency involved in 

approving a grant or loan, that serves only as a conduit 

between the primary administering agency and the recipient of the grant or loan. Federal agencies with jurisdiction are those from which a license or funding is 

sought or required. 

(4) If a specific agency has been named in these rules, 

and the functions of that agency have changed or been 

transferred to another agency, the term shall mean any 

successor agency. 

(5) For those proposals requiring a hydraulic project 

approval under RCW 75.20.100, both the department of 

game and the department of fisheries shall be considered 

agencies with jurisdiction. 

WAC 197-11-716 Applicant. "Applicant" means 

any person or entity, including an agency, applying for a 

license from an agency. Application means a request for 

a license. 

WAC 197-11-718 Built environment. "Built environment" means the elements of the environment as 

specified by RCW 43.21C.II0(1)(f) and 197-11­

444(2), which are generally built or made by people as 

contrasted with natural processes. 

WAC 197-11-720 Categorical exemption. "Categorical exemption" means a type of action, specified in 

these rules, which does not significantly affect the environment (RCW 43.21C.II0(1)(a)); categorical exemptions are found in Part Nine of these rules. Neither a 

threshold determination nor any environmental document, including an environmental checklist or environmental impact statement, is required for any 

categorically exempt action (RCW 43.21C.031). These 

rules provide for those circumstances in which a specific 

action that would fit within a categorical exemption 

shall not be considered categorically exempt (197-11­

305). 

WAC 197-11-722 Consolidated appeal. "Consolidated appeal" means the procedure requiring a person to 

file an agency appeal challenging both procedural and 

substantive compliance with SEPA at the same time, as 

provided under RCW 43.21C.075(3)(b) and the exceptions therein. If an agency does not have an appeal procedure for challenging either the agency's procedural or 

its substantive SEPA determinations, the appeal cannot 

be consolidated prior to any judicial review. The requirement for a consolidated appeal does not preclude 

[Cb. 197-11 WAC-p 23J 
Part Eight-197-11-722 SEPA Rules 

agencies from bifurcating appeal proceedings and allowing different agency officials to hear different aspects of 

the appeal. (197-11-680). 

WAC 197-11-724 Consulted agency. "Consulted 

agency" means any agency with jurisdiction or expertise 

that is requested· by the lead agency to provide information during the SEPA process. 

WAC 197-11-726 Cost-benefit analysis. "Costbenefit analysis" means a quantified comparison of costs 

and benefits generally expressed in monetary or numerical terms. It is not synonymous with the weighing or 

balancing of environmental and other impacts or benefits of a proposal. 

WAC 197-11-728 County/city. "County/city" 

means a county, city, or town. In this chapter, duties and 

powers are assigned to a county, city, or town as a unit. 

The delegation of responsibilities among the various departments of a county, city, or town is left to the legislative or charter authority of the individual counties, 

cities, or towns. 

WAC 197-11-730 Decisionmaker~ "Decisionmaker" 

means the agency official or officials who make the 

agency's decision on a proposal. The decisionmaker and 

responsible official are not necessarily synonymous, depending on the agency and its SEPA procedures (197­

11-906 and 197-11-910). 

WAC 197-11-732 Department. "Department" 

means the Washington state department of ecology. 

WAC 197-11-734 Determination of nonsignificance 

(DNS). "Determination of nonsignificance" (DNS) 

means the written decision by the responsible official of 

the lead agency that a proposal is not likely to have a 

significant adverse environmental impact, and therefore 

an EIS is not required (197-11-310 and 197-11-340). 

The DNS form is in 197-11-970. 

WAC 197-11-736 Determination of significance 

(DS). "Determination of significance" (DS) means the 

written decision by the responsible official of the lead 

agency that a proposal is likely to have a significant adverse environmental impact, and therefore an EIS is required (197-11-310 and 197-11-360). The DS form is 

in 197-11-980 and must be used substantially in that 

form. 

WAC 197-11-738 EIS. "EIS" means environmental 

impact statement. The term "detailed statement" in 

RCW 43.21C.030(2)(c) refers to a final EIS. The term 

"EIS" as used in these rules refers to draft, final, or 

supplemental EISs (197-11-405). 

WAC 197-11-740 Environment. "Environment" 

rules and refer basically to physical environmental quality. 

WAC 197-11-742 Environmental checkli~t. "Envi­ o 

ronmental checklist" means the form.in 197-11-960. 

Rules for its use are in 197-11-315. 

WAC 197-11-744 Environmental document. "Environmental document" means any written public document prepared under this chapter. Under SEPA, the 

terms environmental analysis, environmental study, environmental report, and environmental assessment do not 

have specialized meanings and do not refer to particular 

environmental documents (unlike various other state or 

federal environmental impact procedures). 

WAC 197-11-746 Environmental review. "Environmental review" means the consideration of environmental factors as required by SEPA. The "environmental 

review process" is the procedure used by agencies and 

others under SEPA for giving appropriate consideration 

to the environment in agency decisionmaking. 

WAC 197-11-748 Environmentally sensitive area. 

"Environmentally sensitive area" means an area designated and mapped by a county/city under 197-11-908. 

Certain categorical exemptions do not apply within environmentally sensitive areas (197-11-305, 197-11-908, 

and Part Nine of these rules). 

WAC 197-11-750 Expanded scoping. "Expanded 

scoping" is an optional process that may be used by o 

agencies to go beyond minimum scoping requirements. 

WAC 197-11-752 Impacts. "Impacts" are the effects or consequences of actions. Environmental impacts 

are effects upon the elements of the environment listed 

in 197-11-444. 

WAC 197-11-754 Incorporation by reference. "Incorporation by reference" means the inclusion of all or 

part of any existing document in an agency's environmental documentation by reference (197-11-600 and 

197-11-635). 

WAC 197-11-756 Lands covered by water. "Lands 

covered by water" means lands underlying the water areas of the state below the ordinary high water mark, including salt waters, tidal waters, estuarine waters, 

natural water courses, lakes, ponds, artificially impounded waters, marshes, and swamps. Certain categorical exemptions do not apply to lands covered by water, 

as specified in Part Nine. 

WAC 197-11-758 Lead agency. "Lead agency" 

means the agency with the main responsibility for complying with SEPAls procedural requirements (197-11­

050 and 197-11-922). The procedures for determining 

means, and is limited to, those elements listed in 197­ lead agencies are in Part Ten of these rules. "Lead 

ronment 

11-444, as 

and 

required 

environmental 

by RCW 

quality 

43.21C.ll0(1)(f). 

refer to the state 

Enviof 

agency" 

788 and 

may 

197-11-910) 

be read as 

unless 

"responsible 

the context 

official" 

clearly 

(197-11­

requires o

the environment and are synonymous as us~d in these otherwise. Depending on the agency and the type of 

ICb. 197-11 WAC-p 24] 
SEPA Rules Part Eight-197-11-786 

• 

proposal, for example, there may be a difference between the lead agency's responsible official, who is at a 

minimum responsible. for procedural determinations 

(such as 197-11-330, 197-11-455, 197-11-460) and its 

decisionmaker, who is at a minimum responsible for 

substantive determinations (such as 197-11-448, 197­

11-655, and 197-11-660). 

WAC 197-11-760 License. "License" means any 

form of written permission given to any person, organization, or agency to engage in any activity, as required 

by law or agency rule. A license· includes all or part of 

an agency permit, certificate, approval, registration, 

charter, or plat approvals or rezones to facilitate a particular proposal. The term does not include a license required solely for revenue purposes. 

WAC 197-11-762 Local agency. "Local agency" or 

"local government" means any political subdivision, regional governmental unit, district, municipal or public 

corporation, including cities, towns, and counties and 

their legislative bodies. The term encompasses but does 

not refer specifically to the departments within a city or 

county. 

• 

WAC 197-11-764 Major action. "Major action" 

means an action that is likely to have significant adverse 

environmental impacts. "Major" reinforces but does not 

have a meaning independent of "significantly" (197-11­

794). 

WAC 197-11-766 Mitigated DNS. "Mitigated 

DNS" means a DNS that includes mitigation measures 

and is issued as a result of the process specified in 197­

11-350. 

WAC 197-11-768 Mitigation. "Mitigation" means: 

(l) Avoiding the impact altogether by not taking a 

certain action or parts of an action; 

(2) Minimizing impacts by limiting the degree or 

magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative 

steps to avoid or reduce impacts; 

(3) Rectifying the impact by repairing, rehabilitating, 

or restoring the affected environment; 

(4) Reducing or eliminating the impact over time by 

preservation and maintenance operations during the life 

of the action; . 

(5) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 

(6) Monitoring the impact and taking appropriate 

corrective measures. 

WAC 197-11-770 Natural environment. "Natural 

environment" means those aspects of the environment 

4321 et seq.; P.L. 91-190), that is like SEPA at the 

federal level. The federal NEPA regulations are located 

at 40 CFR 1500 et seq. 

WAC 197-11-774 Nonproject. "Nonproject" means 

actions which are different or broader than a single site 

specific project, such as plans, policies, and programs 

(l97-11-704). 

WAC 197-11-776 Phased review. "Phased review" 

means the coverage of general matters in broader environmental documents, with subsequent narrower documents concentrating solely on the issues specific to the 

later analysis (197-11-060(5». Phased review may be 

used for a single proposal or EIS (l97-11-O60). 

WAC 197-11-778 Preparation. "Preparation" of an 

environmental document means preparing or supervising 

the preparation of documents, including issuing, filing, 

printing, circulating, and related requirements (see 197­

11-700(2». 

WAC 197-11-780 Private project. "Private project" 

means any proposal primarily initiated or sponsored by 

an individual or entity other than an agency. 

WAC 197-11-782 Probable. "Probable" means 

likely or reasonably likely to occur, as in "a reasonable 

probability of more than a moderate effect on the quality of the environment" (see 197-11-794). Probable is 

used to distinguish likely impacts from those that merely 

have a possibility of occurring, but are remote or speculative. This is not meant as a strict statistical probability 

test. 

WAC 197-11-784 Proposal. "Proposal" means a 

proposed action. A proposal includes both actions and 

regulatory decisions of agencies as well as any actions 

proposed by applicants. A proposal exists at that stage in 

the development of an action when an agency is presented with an application, or has a goal and is actively 

preparing to make a decision on one or more alternative 

means of accomplishing that goal, and the environmen~

tal effects can be meaningfully evaluated. (See 197-11­

055 and 197-11-060(3).) A proposal may therefore be a 

particular or preferred course of action or several alternatives. For this reason, these rules use the phrase "alternatives including the proposed action." The term 

"proposal" may therefore include "other reasonable 

courses of action," if there is no preferred alternative 

and if it is appropriate to do so in the particular context. 

WAC 197-11-786 Reasonable alternative. "Reasonable alternative" means an action that could feasibly attain or approximate a proposal's objectives, but at a 

lower environmental cost or decreased level of environ­

• 

contained in 197-11-444(1), frequently referred to as 

natural elements, or resources, such as earth, air, water, 

wildlife, and energy. 

WAC 197-11-772 NEPA. "NEPA" means the National Environmental Policy Act of 1969 (42 USCA 

mental degradation. Reasonable alternatives may be 

those over which an agency with jurisdiction has authority to control impacts, either directly, or indirectly 

through requirement of mitigation measures. (See 197­

11-440(5) and 197-11-660.) Also see the definition of 

[Ch. 197-11 WAC-p 25] 
Part Eight-197-11-786 SEPA Rules 

"scope" for the three types of alternatives to be analyzed 

in EISs (197-1'1-792). 

WAC 197-11-788 Responsible official. "Responsible official" means that officer or officers, committee, 

department, or section of the lead agency designated by 

agency SEPA procedures to undertake its procedural responsibilities as lead agency (197-11-910). 

WAC 197-11-790 SEPA. "SEPA" means the State 

Environmental Policy Act of 1971 (chapter 43.21C 

RCW), which is also referred to as the act. The "SEPA 

process" means all measures necessary for compliance 

with the act's requirements. 

WAC 197-11-792 Scope. (1) "Scope" means the 

range of proposed actions, alternatives, and impacts to 

be .analyzed in . an environmental document (197-11­

060(2». 

(2) To determine the scope of environmental impact 

statements, agencies consider three types of actions, 

three types of impacts, and three types of alternatives. 

(a) Actions may be: 

(i) Single (a specific action which is not related to 

other proposals or parts of proposals); 

(ii) Connected (proposals or parts of proposals which 

are closely related under 197-11-060(3) or 197-11­

305(1»; or 

(iii) Similar (proposals that have common aspects and 

may be analyzed together under 197-11-060(3». 

(b) Alternatives may be: 

(i) No action; 

(ii) Other reasonable courses of action; or 

(iii) Mitigation measures (not in the proposed action). 

(c) Impacts may be: 

(i) Direct; 

(ii) Indirect; or 

(iii) Cumulative. 

(3) 197-11-060 provides general rules for the content 

of any environmental review under SEPA; Part Four 

and 197-11-440 provide specific rules for the content of 

EISs. The scope of an individual statement may depend 

on its relationship with other EISs or on phased review. 

WAC 197-11-793 Scoping. "Scoping" means determining the range of proposed actions, alternatives, and 

impacts to be discussed in an EIS. Because an EIS is 

required to analyze significant environmental impacts 

only, scoping is intended to identify and narrow the EIS 

to the significant issues. The required scoping process 

(197-11-408) provides interagency and public notice of 

a DS, or equivalent notification, and opportunity to 

comment. The lead agency has the option of expanding 

the scoping process (197-11-410), but shall not be required to do so. Scoping is used to encourage cooperation and early resolution of potential conflicts, to 

improve decisions, and to reduce paperwork and delay. 

than a moderate adverse impact on environmental 

quality. 

(2) Significance involves context and intensity (197­

11-330) and does not lend itself to a formula or quanti­ o 

fiable test. The context may vary with the physical setting. Intensity depends on the magnitude and duration of 

an impact. 

The severity of an impact should be weighed along 

with the likelihood of its occurrence. An impact may be 

significant if its chance of occurrence is not great, but 

the resulting environmental impact would be severe if it 

occurred. 

(3) 197-11-330 specifies a process, including criteria 

and procedures, for determining whether a proposal is 

likely to have a significant adverse environmental impact. 

WAC 197-11-796 State agency. "State agency" 

means any state board, commission, department, or officer, including state universities, colleges, and community 

colleges, that is authorized by law to make rules, hear 

contested cases, or otherwise take the actions stated in 

197-11-704, except the judiciary and state legislature. 

WAC 197-11-797 Threshold determination. 

"Threshold determination" means the decision by the 

responsible official of the lead agency whether or not an 

EIS is required for a proposal that is not categorically 

exempt (197-11-310 and 197-11-330(1)(b». 

WAC 197-11-799 Underlying gOl'ernmental action. 

"Underlying government action" means the governmen­ o 

tal action, such as zoning or permit approvals, that is the 

subject of SEPA compliance. 

PART NINE - CATEGORICAL
 

EXEMPTIONS
 

WAC 197-11-800 Categorical exemptions. The 

proposed actions contained in Part Nine are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on 

categorical exemptions contained in 197-11-305. 

(1) Minor new construction-Flexible thresholds. 

(a) The exemptions in this subsection apply to all licenses required to undertake the construction in question, except when a rezone or any license governing 

emissions to the air or discharges to water is required. 

To be exempt under this subsection, the project must be 

equal to or smaller than the exempt level. For a specific 

proposal, the exempt level in (b) of this subsection shall 

control, unless the city/county in which the project is 

located establishes an exempt level under (c) of this 

subsection. If the proposal is located in more than one 

city/county, the lower of the agencies' adopted levels 

shall control, regardless of which agency is the lead 

WAC 197-11-794 Significant. (1) "Significant" as agency. used in SEPA means a reasonable likelihood of more o 

ICb. 197-11 WAC-p 26] 
SEPA Rules Part Nine--197-11-800 

• 

(b) The following types of construction shall be exempt, except when undertaken wholly or partly on lands 

covered by water: 

(i) The construction or location of any residential 

structures of four dwelling units. 

(ii) The construction of a barn, loafing shed, farm 

equipment storage building, produce storage or packing 

structure, or similar agricultural structure, covering 

10,000 square feet, and to be used only by the property 

owner or his or her agent in the conduct of farming the 

property. This exemption shall not apply to feed lots. 

(iii) The construction of an office, school, commercial, 

recreational, service or storage building with 4,000 

square feet of gross floor area, and with associated 

parking facilities designed for twenty automobiles. 

(iv) The construction of a parking lot designed for 

twenty automobiles. 

(v) Any landfill or excavation of 100 cubic yards 

throughout the total lifetime of the fill or excavation; 

and any fill or excavation classified as a class I, II, or III 

forest practice under RCW 76.09.050 or regulations 

thereunder. 

• 

(c) Cities, towns or counties may raise the exempt 

levels to the maximum specified below by implementing 

ordinance or resolution. Such levels shall be specified in 

the agency's SEPA procedures (197-11-904) and sent to 

the department of ecology. A newly established exempt 

level shall be supported by local conditions, including 

zoning or other land use plans or regulations. An agency 

may adopt a system of several exempt levels (such as 

different levels for different geographic areas). The 

maximum exempt level for the exemptions in (1)(b) of 

this section shall be, respectively: 

(i) 20 dwelling units. 

(ii) 30,000 square feet. 

(iii) 12,000 square feet; 40 automobiles. 

(iv) 40 automobiles. 

(v) 500 cubic yards. 

(2) Other minor new construction. The following 

types of construction shall be exempt except where undertaken wholly or in part on lands covered by water 

(unless specifically exempted in this subsection); the exemptions provided by this section shall apply to all licenses required to undertake the construction in 

question, except where a rezone or any license governing 

emissions to the air or discharges to water is required: 

(a) The construction or designation of bus stops, 

loading zones, shelters, access facilities and pull-out 

lanes for taxicabs, transit and school vehicles. 

(b) The construction and/or installation of commercial on-premise signs, and public signs and signals. 

(c) The construction or installation of minor road and 

street improvements such as pavement marking, freeway 

surveillance and control systems, railroad protective devices (not including grade-separated crossings), grooving, glare screen, safety barriers, energy attenuators, 

accordance with WAC 248-54-660), temporary traffic 

controls and detours, correction of substandard curves 

and intersections within existing rights-of-way, widening of a highway by less than a single lane width where 

capacity is not significantly increased and no new rightof-way is required, adding auxiliary lanes for localized 

purposes, (weaving, climbing, speed change, etc.), where 

capacity is not significantly increased and no new rightof-way is required, channelization and elimination of 

sight restrictions at intersections, street lighting, guard 

rails and barricade installation, installation of catch basins and culverts, and reconstruction of existing roadbed 

(existing curb-to-curb in urban locations), including 

adding or widening of shoulders, addition of bicycle 

lanes, paths and facilities, and pedestrian walks and 

paths, but not including additional automobile lanes. 

(d) Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted by subsections (1) and (2) of this 

section, as well as fencing and the construction of small 

structures and minor facilities accessory thereto. 

(e) Additions or modifications to or replacement of 

any building or facility exempted by subsections (1) and 

(2) of this section when such addition,. modification or 

replacement will not change the character of the building or facility in a way that would remove it from an 

exempt class. 

(f) The demolition of any structure or facility, the 

construction of which would be exempted by subsections 

(1) and (2) of this section, except for structures or facilities with recognized historical significance. 

(g) The installation of impervious underground tanks, 

having a capacity of 10,000 gallons or less. 

(h) The vacation of streets or roads. 

(i) The installation of hydrological measuring devices, 

regardless of whether or not on lands covered by water. 

U) The installation of any property, boundary or survey marker, other than fences, regardless of whether or 

not on lands covered by water. 

(3) Repair, remodeling and maintenance activities. 

The following activities shall be categorically exempt 

except: The repair, remodeling, maintenance, or minor 

alteration of existing private or public structures, facilities or equipment, including utilities, involving no material expansions or changes in use beyond that previously 

existing; except that, where undertaken wholly or in part 

on lands covered by water, only minor repair or replacement of structures may be exempt (examples include repair or replacement of piling, ramps, floats, or mooring 

buoys, or minor repair, alteration, or maintenance of 

docks). The following maintenance activities shall not be 

considered exempt under this subsection: 

(a) Dredging; 

(b) Reconstruction/maintenance of groins and similar 

shoreline protection structures; or 

(c) Replacement of utility cables that must be buried 

•
 

transportation corridor landscaping (including the appli­ under the surface of the bedlands. Repair/rebuilding of
 

cation of Washington state department of agriculture major dams, dikes, and reservoirs shall also not be con­


approved herbicides by licensed personnel for right-of­ sidered exempt under this subsection.
 

way weed control as long as this is not within watersheds (4) Water rights. The following appropriations of wa­


controlled for the purpose of drinking water quality in ter shall be exempt, the exemption covering not only the 

lCb. 197-11 WAC-p 271 
Part Nine 197-11-800 SEPA Rules 

permit to appropriate water, but also any hydraulics 

permit, shoreline permit or building permit required for 

a normal diversion or intake structure, well and pumphouse reasonably necessary to accomplish the exempted 

appropriation, and including any activities relating to 

construction of a distribution system solely for any ex.;. 

empted appropriation: 

(a) Appropriations of fifty cubic feet per second or 

less of surface water for irrigation purposes, when done 

without a government subsidy. 

(b) Appropriations of one cubic foot per second or less 

of surface water, or of 2,250 gallons per minute or less 

of ground water, for any purpose. 

(5) Purchase or sale of real property. The following 

'real property transactions by an agency shall be exempt: 

(a) The purchase or acquisition of any right to real 

property. ' 

(b) The sale, transfer or exchange of any publicly 

owned real property, but only if the property is not subject to an authorized public use. 

(c) The lease of real property when the use of the 

property for the term of the lease will remain essentially 

the sa,me as the existing use, or when the use under the 

lease is otherwise exempted by this chapter. 

(6) Minor land use decisions. The following land use 

'decisions shall be exempt: 

(a) Except upon lands covered by water, the approval 

of short plats or short subdivisions pursuant to the procedures required by RCW 58.17.060, but not including 

further short subdivisions or short platting within a plat 

or subdivision previously exempted under this subsection. 

(b) Granting of variances based on special circumstances, not including economic hardship, applicable to 

the subject property, such as size, shape, 'topography, 10-, 

cation or surroundings and not resulting in any change 

in land use or density. 

(c) Classifications of land for current use taxation 

under chapter 84.34 RCW, and classification and grading of forest land under chapter 84.33 RCW. 

(7) Schoolclosures. The adoption and implementation 

of a plan, program, or decision for the ~losure of a 

school or schools shall be exempt. Demolition, physical 

modification or change of a facility from a school use 

shall not be exempt under this subsection. 

(8) Open burning. Opening burning and the issuance 

of any license for open burning shall be exempt. The 

adoption of plans, programs, objectives or regulations by 

any agency incorporating general standards respecting 

open burning shall not be exempt. 

(9) Variances under clean air act. The granting of 

variances under RCW 70.94.181 extending applicable 

air pollution control requirements for one year or less 

shall be exempt. 

(10) Water quality certifications. The granting or denial of water quality certifications under the federal 

clean water act (Federal Water Pollution Control Act 

Amendments of 1972, 33 USC 1341) shall be exempt. 

(11) Activities of the state legislature. All actions of 

the state legislature are exempted. This subsection does 

not exempt the proposing of legislation by an agency 

(197-11-704). 

[Cb. 197-11 WAC-p 28] 

(12) Judicial activity. The following shall be exempt: 

(a) All adjudicatory actions of the judicial branch. 

(b) Any quasi-judicial action of any agency if such 

action' consists of the review of a prior administrative or o 

legislative decision. Decisions resulting from contested 

cases or other hearing processes conducted prior to the 

first'decision on a proposal or upon any application for a 

rezone, conditional use permit or other similar permit 

not otherwise exempted by this chapter, are not exempted by this subsection. 

(13) Enforcement and inspections. The following enforcement and inspection activities shall be exempt: 

(a) All actions, including administrative orders and 

penalties, undertaken to enforce a statute, regulation, 

ordinance, resolution or prior decision. No license shall 

be considered exempt by virtue of this subsection; nor 

shall the adoption of any ordinance, regulation or resolution be considered exempt by virtue of this subsection. 

(b) All inspections conducted by an agency of either 

private or public property for any purpose. 

(c) All activities of fire departments and law enforcement agencies except physical construction activity. 

(d) Any action undertaken by an agency to abate a 

nuisance or to abate, remove or otherwise cure any hazard to public health or safety. The application of pesticides and chemicals is not exempted by this subsection 

but may be exempted elsewhere in these guidelines. No 

license or adoption of any ordinance, regulation or resolution shall be considered exempt by virtue of this 

subsection. 

(e) Any suspension or revocation of a license for any 

purpose, o 

(14) Business and other regulatory licenses. The following business and other regulatory licenses are 

exempt: 

(a) All licenses to undertake an occupation, trade or 

profession. 

(b) All licenses required under electrical, fire, plumbing, heating, mechanical, and safety codes and regulations, but not including building permits. 

(c) All licenses to operate or engage in amusement 

devices and rides and entertainment activities, including 

but not limited to cabarets, carnivals, circuses and other 

traveling shows, dances, music machines, golf courses, 

and theaters, including approval of the use of public facilities for temporary civic celebrations, but not including licenses or permits required for permanent 

construction of any of the above. 

(d) All licenses to operate or engage in charitable or 

retail sales and service activities, including but not limited to peddlers, solicitors, second hand shops, pawnbrokers, vehicle and housing rental agencies, tobacco 

sellers, close out and special sales, fireworks, massage 

parlors, public garages and parking lots, and used automobile dealers. 

(e) All licenses for private security services, including 

but not limited to detective agencies, merchant and/or 

residential patrol agencies, burglar and/or fire alarm 

dealers, guard dogs, locksmiths, and bail bond services. 

(f) All licenses for vehicles for-hire and other vehicle 

related activities, including but not limited to taxicabs, 
SEPA Rules	 Part Nine-197-11-800 

ambulances, and tow trucks: Provided, That regulation proposals (RFPs), and the conceptual planning of proof common carriers by the utilities and transportation Ie commission shall not be considered exempt under this 

subsection. 

(g) All licenses for food or drink services, sales, and 

distribution, including but not limited to restaurants, liquor, and meat. 

(h) All animal control licenses, including but not limited to pets, kennels, and pet shops. Establishment or 

construction of such a facility shall not be considered 

exempt by this subsection. 

(i) The renewal or reissuance of a license regulating 

any present activity or structure so long as no material 

changes are involved. 

(15) Activities of agencies. The following administrative, fiscal and personnel activities of agencies shall be 

exempt: 

(a) The procurement and distribution of general supplies, equipment and services authorized or necessitated 

by previously approved functions or programs. 

(b) The assessment and collection of taxes. 

(c) The adoption of all budgets and agency requests 

for appropriation: Provided, That if such adoption includes a final agency decision to undertake a major action, that portion of the budget is not exempted by this 

subsection. 

(d) The borrowing of funds, issuance of bonds, or applying for a grant and related financing agreements and 

approvals.

• 

(e) The review and payment of vouchers and claims. 

(f) The establishment and collection of liens and service billings. 

(g) All personnel actions, including hiring, terminations, appointments, promotions, allocations of positions, 

and expansions or reductions in force. 

(h) All agency organization, reorganization, internal 

operational planning or coordination of plans or 

functions. 

(i) Adoptions or approvals of utility, transportation 

and solid waste disposal rates. 

U) The activities of school distr~cts pursuant to desegregation plans or programs; however, construction of 

real property transactions or the adoption of any policy, 

plan or program for such construction of real property 

transaction shall not be considered exempt under this 

subsection (see also 197-11-800(7)). 

(16) Financial assistance grants. The approval of 

grants or loans by one agency to another shall .be exempt, although an agency may at its option require 

compliance with SEPA prior to making a grant or loan 

for design or construction of a project. This exemption 

includes agencies taking nonproject actions that are necessary to apply for federal or other financial assistance. 

(17) Local improvement districts. The formation of 

local improvement districts, unless such formation constitutes a final agency decision to undertake construction 

posals shall be exempt. These may be strictly for information-gathering, or as part of a study leading to a 

proposal that has not yet been approved, adopted or 

funded; this exemption does not include any agency action that commits the agency to proceed with such a 

proposal. (Also see 197-11-070.) 

(19) Acceptance of. filings. The acceptance by an 

agency of any document or thing required or authorized 

by law to be filed with the agency and for which the 

agency has no discretionary power to .refuse acceptance 

shall be exempt. No license shall be considered exempt 

by virtue of this subsection. 

(20) Procedural actions. The proposal or adoption of 

legislation, rules, regulations, resolutions or ordinances, 

or of any plan or program relating solely to governmental procedures, and containing no substantive standards 

respecting use or modification of the environment shall 

be exempt. Agency SEPA procedures shall be exempt. 

(21) Building codes. The adoption by ordinance of all 

codes as required by the state building code act (chapter 

19.27 RCW). 

(22) Adoption of noise ordinances. The adoption by 

counties/cities of resolutions, ordinances, rules or regulations concerned with the control of noise which do not 

differ from regulations adopted by the department of 

ecology under chapter 70.107 RCW. When a 

county/ city proposes a noise resolution, ordinance, rule 

or regulation; a portion of which differs from the applicable state regulations (and thus requires approval of the 

department of ecology under RCW 70.107.060(4», 

SEPA compliance may be limited to those items which 

differ from state regulations. 

(23) Review and comment actions. Any activity where 

one agency reviews or comments upon the actions of another agency or another department within an agency 

shall be exempt. 

(24) Utilities. The utility-related actions listed below 

shall be exempt, except for installation, construction, or 

alteration on lands covered by water. The exemption includes installation and construction, relocation when required by other governmental bodies, repair, 

replacement, maintenance, operation or alteration that 

does not change the action from an exempt class. 

(a) All communications lines, including cable TV; but 

not including communication towers or relay stations. 

(b) All storm water, water and sewer facilities, lines, 

equipment, hookups or appurtenances including, utilizing or related to lines eight inches or less in diameter. 

(c) All electric facilities, lines, equipment or appurtenances, not including substations, with an associated 

voltage of 55,000 volts or less; and the overbuilding of 

existing distribution lines (55,000 volts or less) with 

transmission lines (more than 55,000 volts); and the undergrounding of all electric facilities, lines, equipment or 

appurtenances. 

• 

of a structure or facility not exempted under 197-11­ (d) All natural gas distribution (as opposed to trans800 and 197-11-880. mission) lines and necessary appurtenant facilities and 

(18) Information collection and research. Basic data hookups. 

collection,	 research, resource evaluation, requests for (e) All developments within the confines of any existing electric substation, reservoir, pump station or well: 

[Ch. 197-11 WAC.;....p 29] 
Part Nine 197-11-800 SEPA Rules 

Provided, That additional appropnatlons of water are exemptions are specifically made inapplicable by one of 

not exempted by this subsection. the following exemptions. 

(f) Periodic use of chemical or mechanical means to 

maintain a utility or transportation right of way in its 

design condition: Provided, That chemicals used are approved by the Washington state department of agriculture and applied by licensed personnel. This exemption 

shall not apply to the use of chemicals within watersheds 

that are controlled for the purpose of drinking water 

quality in accordance with WAC 248-54-660. 

(g) All grants of rights of way by agencies to utilities 

for use for distribution (as opposed to transmission) 

purposes. 

(h) All grants of franchises by agencies to utilities. 

(i) All disposals of rights of way by utilities. 

(25) Natural resources management. In addition to 

the other exemptions contained in this section, the following natural resources management activities shall be 

exempt: 

(a) All class I, II,. III forest practices as defined by 

RCW 76.09.050 or regulations thereunder. 

(b) Issuance of new grazing leases covering a section 

of land or less; and issuance of all grazing leases for land 

that has been subject to a grazing lease within the previous ten years. 

(c) Licenses or approvals to remove firewood. 

(d) Issuance of agricultural leases covering one hundred sixty contiguous acres or less. 

(e) Issuance of leases for Christmas tree harvesting or 

brush picking. 

(f) Issuance of leases for school sites. 

(g) Issuance of leases for, and placement of, mooring 

buoys designed to serve pleasure craft. 

(h) Development of recreational sites not specifically 

designed for all-terrain vehicles and not including more 

than twelve campsites. 

(i) Periodic use of chemical or mechanical means to 

maintain public park and recreational land: Provided, 

That chemicals used are approved by the Washington 

state department of agriculture and applied by licensed 

personnel. This exe·mption shall not apply to the use of 

chemicals within watersheds that are controlled for the 

purpose of drinking water quality in accordance with 

WAC 248-54-660. 

U) Issuance of rights of way, easements and use permits to use existing roads in nonresidential areas. 

(k) Establishment of natural area preserves to be used 

for scientific research and education and for the protection of rare flora and fauna, under the procedures of 

chapter 79.70 RCW. 

WAC 197-11-810 Exemptions and nonexemptions 

applicable to specific state agencies. The exemptions in 

197-11-820 through 197-11-875 relate only to the specific activities identified within the named agencies. 

These exemptions are in addition to the preceding sections of this part and are subject to the rules and limitations of 197-11-305. The· categorical exemptions in 

197-11-800 apply to all agencies, including those named 

in 197-11-820 through 197-11-875 unless the general 

censes 

WAC 

required 

197-11-820 

under programs 

Department 

administered 

of licensing. 

by the 

All 

deli­ o

partment of licensing as of December 12, 1975 are 

exempted, except the following: 

(1) Camping club promotional permits under chapter 

19.105 RCW. 

(2) Motor vehicle wrecker licenses under chapter 46­

.80 RCW; 197-11-800(14)(i) shall apply to allow possible exemption of renewals of camping club promotional 

permits and motor vehicle wrecker licenses. 

WAC 197-11-825 Department of labor and industries. All licenses required under programs administered 

by the department of labor and industries as of 

December 12, 1975 are exempted, except the issuance of 

any license for the manufacture of explosives or the 

adoption or amendment by the department of any regulations incorporating general standards respecting the issuance of licenses authorizing the storage of explosives 

under chapter 70.74 RCW. The adoption of any industrial health or safety regulations containing noise standards shall be considered a major action under this 

chapter. 

WAC 197-11-830 Department of natural resources. 

The following actions and licenses of the department of 

natural resources are exempted: 

(1) Forest closures, shutdowns and permit suspensions 

due to extreme unusual fire hazards. 

(2) Operating permits to use power equipment on forest land. 

(3) Permits to use fuse on forest land. 

(4) Log patrol licenses. 

(5) Permits for drilling for which no public hearing is 

required under RCW 79.76.070 (geothermal test 

drilling). 

(6) Permits for the dumping of forest debris and wood 

waste in forested areas. 

(7) Those sales of timber from public lands that the 

department of natural resources determines, by rules 

adopted pursuant to RCW 43.21C.120 do not have potential for a substantial impact on the environment. 

(8) Except on aquatic lands under state control, leases 

for mineral prospecting under RCW 79.01.616 or 79.01­

.652, but not including issuance of subsequent contracts 

for mining. 

WAC 197-11-835 Department of fisheries. The following activities of the department of fisheries are 

exempted: 

(1) The establishment of seasons, catch limits or geographical areas for fishing or shellfish removal. 

(2) All hydraulic project approvals (RCW 75.20.100) 

for activities incidental to a class I, II, III forest practice 

as defined in RCW 76.09.050 or regulations thereunder. 

(3) Hydraulic project approvals where there is no 

other agency with jurisdiction (besides the department c 

[Ch. 197-11 WAC-p 30] 
SEPA Rules Part Nine-197-11-850 

• 

of game) requiring a nonexempt permit, except for proposals involving removal of fifty or more cubic yards of 

streambed materials or involving realignment into a new 

channel. For purposes of this paragraph, the term new 

channel shall not include existing channels which have 

been naturally abandoned within the twelve months previous to the hydraulic permit application. 

(4) All clam farm licenses and oyster farm licenses, 

except where cultural practices include structures occupying the water column or where a hatchery or other 

physical facility is proposed for construction on adjoining uplands. 

(5) All other licenses (other than those excepted in (2) 

and (3) above) authorized to be issued by the department as of December 12, 1975 except the following: . 

(a) Fish farming license, or other licenses allowing the 

cultivation of aquatic animals for commercial purposes; 

(b) Licenses for the mechanical and/or hydraulic removal of clams, including geoducks; and, 

(c) Any license authorizing the discharge of explosives 

in water. WAC 197-11-800(14)(i) shall apply to allow 

possible exemption of renewals of the above licenses. 

(6) The routine release of hatchery fish or the reintroduction of endemic or native species into their historical habitat where only minor documented effects on 

other species will occur. 

WAC 197-11-840 Department of game. The fol­

• 

lowing activities of the department of game are 

exempted: 

(1) The establishment of hunting, trapping or fishing 

seasons, bag or catch limits, and geographical areas 

where such activities are permitted. 

(2) The issuance of falconry permits. 

(3) The issuance of all hunting or fishing licenses, 

permits or tags. 

(4) Artificial game feeding. 

(5) The issuance of scientific collector permits. 

(6) All hydraulic project approvals (RCW 75.20.100) 

for activities incidental to a class I, II, III forest practice 

as defined in RCW 76.09.050 and regulations 

thereunder. 

(7) Hydraulic project approvals where there is no 

other agency with jurisdiction (besides the department 

of fisheries) requiring a nonexempt permit, except for 

proposals involving removal of fifty or more cubic yards 

of streambed materials or involving realignment into a 

new channel. For purposes of this paragraph, the term 

new channel shall not include existing channels that 

have been naturally abandoned within the twelve months 

previous to the hydraulic permit application. 

(8) The routine release or transfer of hatchery fish, 

game birds, and animals or the reintroduction of endemic or native species into their historical habitat, 

where only minor documented effects on other species 

will occur. 

(9) Minor repair work to be done by hand tools. Examples include: 

(a) Maintenance of fish screen or intake structures; or 

(b) Silt and debris removal from boat launches, docks, 

and piers. 

(10) Collection of game fish and wildlife for research. 

WAC 197-11-845 Department of social and health 

services. All actions under programs administered by the 

department of social and health services as. of December 

12, 1975, are exempted, except the following: 

(1) The adoption or amendment by the department of 

any regulations incorporating general standards for issuance of licenses authorizing the possession, use and 

transfer of radioactive source material under RCW 70­

.98.080, except that the issuance, revocation or suspension of individual licenses thereto shall be exempt. 

However, licenses to operate low level burial facilities or 

licenses to operate or expand beyond design capacity, 

mineral processing facilities or their tailings areas whose 

products or byproducts have concentrations of naturally 

occurring radioactive materials in excess of exempt concentrations, as specified in WAC 402-20-250, shall not 

be exempt. 

(2) The approval of a comprehensive plan for public 

water supply systems servicing one thousand or more 

units under WAC 248-54-065. 

(3) The approval of engineering reports or plans and 

specifications under WAC 248-54-085 and 248-54­

095, for all surface water source development, all water 

system storage facilities greater than one-half million 

gallons, new transmission lines longer than one thousand 

feet located in new rights of way and major extensions to 

existing water distribution systems. 

(4) The approval of an application for a certificate of 

need under RCW 70.38.120 for construction of a new 

hospital or medical facility or for major additions to existing service capacity of such institutions. 

(5) The approval of an application for any system of 

sewerage and/or water general plan or amendments under RCW 36.94.100. 

(6) The approval of any plans and specifications for 

new sewage treatment works or major extensions to existing sewer treatment works submitted to the department under WAC 248-92-040. 

(7) The construction of any building, facility or other 

installation not exempt by 197-11-800 for the purpose 

of housing department personnel, or fulfilling statutorily 

directed· or authorized functions (e.g., prisons). 

(8) The approval of any final plans for construction of 

a nursing home pursuant to WAC 248-14-100, construction of a private psychiatric- hospital pursuant to 

WAC 248-22-005 or construction of an alcoholism 

treatment center pursuant to WAC 248-22-510. 

WAC 197-11-850 Department of agriculture. All 

actions under programs administered by the department 

of agriculture as of December 12, 1975 are exempted, 

except for the following: 

(1) The approval of any application for a commercial 

registered feedlot, quarantined registered feedlot under 

chapter 16.36 RCW, or chapters 16-28 and 16-30 

WAC. 

(2) The issuance or amendment of any regulation respecting restricted-use pesticides under chapter 15.58 

[Ch. 197-11 WAC-p 31] 
Part Nine 197-11-850 SEPA Rules 

RCW that would have the effect of allowing the use of a 

pesticide previously prohibited by Washington state. 

(3) The removal of any pesticide from the list of restricted-use pesticides established in WAC 16-228-155 . 

so as to permit sale of such pesticides to home and garden users, unless the pesticide is no longer manufactured 

and is not available. 

(4) The removal· of any pesticide from the list of 

highly toxic and restricted-use pesticides established under WAC 16-228-165 so as to authorize sale of such. 

pesticides to persons not holding an annual user permit, 

an applicator certificate, or an applicator operator license, unless the pesticide is no longer manufactured and 

is not available. 

(5) The removal of any pesticide from the category of 

highly toxic pesticide formulations established in WAC 

16-228-165 so as to permit the sale of such pesticides 

by persons not possessing a pesticide dealer's license, 

unless the pesticide is no longer manufactured and is not 

available. 

(6) The approval of any use ofthe pesticide DDT or 

DDD except for those uses approved by the centers for 

disease control of the United States department of 

health and human services (such as control of rabid 

bats). 

(7) The issuance of a license to operate a public livestock market under RCW 16.65.030. 

(8) The provisions of WAC 197-11-800(14)(i) shall 

apply to allow possible exemption of renewals of the licenses in (I) through (7) above. 

WAC 197-11-855 Department of ecology. The following activities of the department of ecology shall be 

exempt: 

(1) The issuance, reissuance or modification of any 

waste discharge permit that contains conditions no less 

stringent than federal effluent limitations and state rules 

and regulations. This exemption shall apply to existing 

discharges only and shall not apply to .any new source 

discharges. 

(2) Review of comprehensive solid waste management 

plans under RCW 70.95.100 and 70.95.110. 

(3) Granting or denial of certification of consistency 

pursuant to the Federal Coastal Zone Management Act 

(16 U.S.C. 1451). 

(4) Issuance of short-term water quality standards 

modification, pursuant to chapter 173-201 WAC, for 

minor projects when the water violations would: 

(a) Result in turbidity violations only; 

(b) Be less than fourteen days duration; 

(c) Be mitigated by a current hydraulic project approval conditioned to protect the fishery resource; and 

(d) Not significantly impair beneficial uses of the affected water body. 

(5) Approval of engineering reports when such approval allows preparation of plans and specifications, but 

not when it would commit the department to approving 

the final proposal. 

WAC 197-11-860 Department of transportation. 

The following activities of the department of transportation shall be exempt: 

(1) Approval of the Annual Highway Safety Work o 

Program involvi~g the highway-related safety standards 

pursuant to 23 U.S.C. 402; 

(2) Issuance of road approach permits and right of 

way rental agreements; 

(3) Establishment and changing of speed limits of j5 

miles per hour or less; 

(4) Revisions of existing access control involving a 

single property owner; 

(5) Issuance of a "Motorist Information Signing Permit," granting a private business person the privilege of 

having a sign on highway right of way which informs the 

public of the availability of his or her services; 

(6) Issuance. of permits for special units relative to 

state highways; 

(7) Issuance of permits for the movement of over-legal size and weight vehicles on state highways; ­

(8) Issuance of encroachment permits for road approaches, fences and landfills on highway right of way; 

and 

(9) Issuance of permits for utility occupancy of highway rights of way for use for distribution (as opposed to 

transmission). 

WAC 197-11-865 Utilities and transportation commission. All actions of the utilities and transportation 

commission under statutes administered as of December 

12, 1975, are exempted, except the following: 

(1) Issuance of common carrier motor freight author­ c 

ity under chapter 81.80 RCW that would authorize a 

new service, or extend an existing transportation service 

in the fields of petroleum and petroleum products in 

bulk in tank type vehicles, radioactive substances, explosives, or corrosives; 

(2) .Authorization of the openings or closing of any 

highway/railroad grade crossing, or the direction of 

physical connection of the line of one railroad with that 

of another; 

(3) Regulation of oil and gas pipelines under chapter 

81.88 RCW; and 

(4) The approval of utility and transportation rates 

where the funds realized as a result of such approved 

rates will or are intended to finance construction of a 

project, approval of which would not be otherwise exempt under 197-11-800, and where at the time of such 

rate approval no responsible official of any state or federal agency has conducted the environmental analysis 

prescribed by this chapter or the appropriate provisions 

of NEPA, whichever is applicable. 

WAC 197-11-870 Department of commerce and 

economic development. The following activities of the 

department of commerce and economic development 

shall be exempt: 

(1) The provisions of business consulting and advisory 

services that include tourist promotion under RCW 

43.31.050. 

[Ch. 197-11 WAC-p 32] 
SEPA Rules Part Nine-197-11-902 

•

(2) The promotion and development of foreign trade 

under RCW 43.31.370. ' 

(3) The furnishing of technical and information services under RCW 43.31.060. 

(4) The provision of technical assistance to applicants 

for loans and aid and/or grants by the community of 

economic revitalization board under chapter 43.160 

RCW. 

(5) The conduct of research and~economic analysis 

under RCW 43.31.070, including the provision of consulting and advisory services and recommendations to 

state and local officials, agencies and governmental bodies as authorized under-'RCW 43.31.160, 43.31.200 and 

43.31.210. 

WAC 197-11-875 Other agencies. Except for building construction (the majority of which is undertaken 

through the department of general administration), all 

activities of the following state agencies under programs 

they administer as of December 12, 1975, are exempted: 

(1) Office of the attorney general. 

(2) Office of the auditor. 

(3) Department of employment security. 

(4) Office of the insurance commissioner and state 

fire marshal. 

(5) Department of personnel. 

(6) Department of printing. 

(7) Department of revenue. 

.' (8) Office of the secretary of state. 

(9) Office of the treasurer. 

(10) Arts commission. 

(11) Washington state patrol. 

(12) Interagency committee for outdoor recreation. 

(13) Department of emergency services. 

(14) Department of general administration, division of 

banking and division of savings and loan associations. 

(15) Forest practices appeals board. 

(16) Public employees' retirement system. 

(17) Law enforcement officers' and -fire fighters' retirement board. 

(18) Volunteer fireman's retirement system board. 

(19) State department of retirement systems. 

(20) Teachers' retirement system board. 

(21) Higher education personnel board. 

(22) Commission for vocational education. 

(23) State energy office. 

WAC 197-11-880 Emergencies. Actions that must 

be undertaken immediately or within a time too short to 

allow full compliance with this chapter, to avoid an imminent threat to public health or safety, to prevent an 

imminent danger to publi"c or private property, or to 

prevent an imminent threat of serious environmental 

degradation, shall be exempt. Agencies may specify 

these emergency actions in their procedures. 

• 

WAC 197-11-890 Petitioning DOE to change exemptions. (1) Except for the preceding section, agencies 

may create additional exemptions in their procedures 

only after receiving approval from the department of 

ecology under this section. 

(2) An agency may petition the department to adopt 

additional exemptions or to delete existing exemptions 

by amending these rules. The petition shall be made under RCW 34.04.060. The petition shall state the language of the requested amendment, the petitioning 

agency's views on the environmental impacts of the activities covered by the proposed amendment, and the approximate number of actions of this type which have 

come before the petitioning agency over a particular period of time. The department shall consider and decide 

upon a petition within thirty days of receipt. If the determination is favorable, the department shall begin 

rulemaking under chapter 34.04 RCW. Any resulting 

amendments will apply either generally or to specified 

classes of agencies. Affected agencies shall amend their 

procedures accordingly. 

(3) An agency may also petition the department for 

an immediate ruling upon any request to add, delete, or 

change an exemption. If such a petition is granted, the 

department will notify the petitioning agency, which 

may immediately include the change approved by the 

department in its own procedures. The department may 

thereafter begin rulemaking proceedings to amend these 

rules. Until these rules are amended, any change granted 

under this subsection shall apply only to the petitioning 

agency or agencies. 

(4) The department will provide public notice of any 

proposed amendments to these rules in the manner required by the administrative procedure act, chapter 34­

.04 RCW. A copy of all approvals by th~ department 

under the preceding subsection shall be given to any 

person requesting the department for advance notice of 

rulemaking. 

PART TEN - AGENCY COMPLIANCE 

WAC 197-11-900 Purpose of this Part. The purpose of this Part is to: 

(1) Require each agency to adopt its own rules and 

procedures to carry out SEPA and ensure that agency 

rules and proc~dures shall have the force and effect of 

law and shall be consistent with these uniform statewide 

rules. 

(2) Require agencies to include certain items in their 

rules. 

(3) Ensure the documents prepared under the act are 

available to the public. 

(4) Identify agencies with environmental expertise. 

(5) Provide rules for determining the lead agency. 

WAC 197-11-902 Agency SEPA policies. (1) The 

act and these rules allow agencies to' condition or deny 

proposals if such action is based upon policies identified 

by the appropriate governmental authority. These policies must be incorporated into regulations, plans, or 

codes formally designated by the agency (or appropriate 

legislative body, in the case of local government) as possible bases for the exercise of substantive authority under SEPA. (RCW 43.21C.060; 197-11-660.) State and 

lCh. 197-11 WAC-p 331 
Part Ten-197-11-902 SEPA Rules 

local policies so designated are called "agency SEPA 

policies" in these rules. 

(2) Agencies are required to designate their SEPA 

policies not later than one hundred eighty days after the 

effective date of these rules (or the creation of the 

agency). In order to condition or deny a proposal, an 

agency must comply with the provisions of RCW 43­

.21 C.060 and 197-11-660. If an agency has already 

formally designated agency SEPA policies that meet the 

requirements of the act and these rules, the agency is not 

required to adopt them again. Agencies may revise or 

add to their SEPA policies at any time. Although agency 

SEPA procedures cannot change the provisions of these 

rules concerning substantive authority and mitigation 

(197-11-906(2», agency SEPA policies are encouraged 

to identify specific mitigation measures or techniques. 

(3) An agency's document that includes or references 

by citation their agency SEPA policies (197-11-660(3» 

may be included in agency SEPA procedures (197-11­

904). Public notice and opportunity for public comment 

shall be provided as part of the agency process for formally designating its SEPA policies. 

(4) Depending on their content, the formal designation of agency SEPA policies will not necessarily require 

any environmental review and will normally be categorically exempt as a procedural action under 197-11­

800(20). For example, the policies may merely compile, 

reorganize, or reference laws or policies currently on the 

books, or may otherwise be procedural in nature, such as 

requiring decisionmakers to consider certain factors. 

WAC 197-11-904 Agency SEPA procedures. (1) 

Each agency is required by the act and this section to 

adopt its own rules and procedures for implementing 

SEPA. (RCW 43.21C.120.) Agencies may revise or add 

to their SEPA procedures at any time. Agencies may 

adopt these rules (chapter 197-11 WAC) by reference, 

and shall meet the requirements of 197-11-906 concerning the content of their procedures. State and local 

rules for carrying out SEPA procedures are called 

"agency SEPA procedures." 

(2) State agencies shall adopt or amend their procedures within one hundred eighty days of the effective 

date of this chapter or subsequent revisions, or within 

one hundred eighty days of the establishment of an 

agency, whichever shall occur later. State agencies shall 

adopt their procedures by rule-making under the state 

administrative procedure act, chapter 34.04 RCW. If a 

state agency does not have rule-making authority under 

chapter 34.04 RCW, the agency shall adopt procedures 

under whatever authority it has, and public notice and 

opportunity for public comment shall be provided. 

Adoption shall be deemed to have taken place at the 

time the transmittal of adopted rules is filed with the 

code reviser. Universities, colleges, and community colleges shall use the procedures of chapter 288.19 RCW 

in adopting procedures. 

(3) Local agencies shall adopt or amend their proceone hundred eighty days of the establishment of the local governmental entity, whichever shall occur later. Local agencies shall adopt their procedures by rule, 

ordinance, or resolution, whichever is appropriate, to en­ o 

sure that the procedures have the full force and effect of 

law. Public notice and opportunity for public comment 

shall be provided as part of the agency's process for 

adopting its SEPA procedures. 

(4) Any agency determining that all actions it is 

authorized to take are exempt under Part Nine of these 

rules may adopt a statement to the effect that it has reviewed its authorized activities and found them all to be 

exempt under this chapter. Adoption of such a statement 

under the procedures in subsections (2) and (3) shall be 

deemed to be in compliance with the requirement that 

the agency adopt procedures under this chapter. 

(5) The adoption of agency procedures is procedural 

and shall be categorically exempt under this chapter 

(197-11-800(20». 

WAC 197-11-906 Content and consistency of 

agency procedures. (1)(a) Agency SEPA policies and 

procedures shall implement and be consistent with the 

rules in this chapter. Unless optional or permissive (see 

197-11-704), all of the provisions of this chapter are 

mandatory, and agency procedures shall incorporate 

these rules and criteria. 

(b) Permissive and optional rules shall not be construed as mandatory requirements. Rules ,giving encouragement or guidance shall also not be construed as 

mandatory. The decision on whether to apply an optional provision rests with the responsible official. o 

(c) Except as stated in the next subsection, the rules 

in this chapter are not exclusive, and agencies may add 

procedures and criteria. However, any additional material shall not be inconsistent with, contradict, or make 

compliance with any provision of these rules a practical 

impossibility. Any additional material shall be consistent 

with SEPA. 

(d) Agency procedures shall also include the procedures required by sections 197-11-055 (3)(a) and (4), 

197-11-420 (1) and (4), and 197-11-910. 

(e) Agency procedures may include procedures under 

197-11-055 (2) and (7), 197-11-100(3), 197-11-680, 

197-11-714(2), 197-11-800(1), and 197-11-908. Any 

such procedures shall include the content required by 

those rules. 

(2) The following provisions of this chapter are exclusive and may not be added to or changed in agency 

procedures: 

(a) The definitions of "proposal," "major," "action," 

"significant," "affecting," "environment, " "categorical 

exemption," "agencies with jurisdiction," "lands covered 

by water," "built environment," "natural environment," 

"license," "licensing," "mitigation," and "scope;" 

(b) The criteria for lead agency determination (Part 

Ten of these rules); 

(c) The categorical exemptions in Part Nine of these 

dures within one hundred eighty days of the effective rules, unless expressly allowed under Part Nine;
 

date of this chapter or subsequent revisions, or within o
 

lCh. 197-11 WAC-p 34J 
SEPA Rules Part Ten-197-11-916 

(d) The information allowed to be required of appli­ the prior subsection. A threshold determination shall be 

• 

cants under 197-11-080,197-11-100,197-11-335, and 

197-11-420; 

(e) The requirements for the style and size of an EIS 

(197-11-425); 

(f) The list of elements of the environment (197-11­

444); and 

(g) The provisions on substantive authority and mitigation in 197-11-660. 

(3) The following provisions of this chapter may not 

be changed, but may be added to; any additions shall 

meet the criteria for additional material stated in subsection (1)(c) of this section: 

(a) All other definitions in Part Eight of these rules; 

(b) The provisions in Parts Four and Five of these 

rules, except as necessary to be grammatically incorporated into agency procedures; 

(c) The contents of agency SEPA procedures (197­

11-906); and 

(d) The list of agencies with environmental expertise 

(197-11-920). 

(4) The forms in Part Eleven shall be used substantially as set forth. Minor changes are allowed to make 

the forms more useful to agencies, applicants, and the 

public, as long as the changes do not eliminate requested 

information or impose burdens on applicants. The questions in part two of the environmental checklist shall not 

be altered. 

• 

WAC 197-11-908 Environmentally sensitive areas. 

(1) Each county/city may at its option designate areas 

within its jurisdiction that are environmentally sensitive 

areas, and shall adopt such designation in its agency 

SEPA procedures (197-11-906). Environmentally sensitive areas shall be those within which the exemptions 

listed in the next subsection could have a significant adverse environmental impact, including but not limited to 

areas with unstable soils, steep slopes, unusual or unique 

plants or animals, wetlands, or areas which lie within 

floodplains. The location and extent of all environmentally sensitive areas shall be clearly indicated on a map 

that shall be adopted by reference as part of the SEPA 

procedures of the county/city; a copy shall be sent to the 

department of ecology. 

(2) Each county/city that designates and maps an environmentally sensitive area may select certain categorical exemptions that do not apply within the area. The 

selection of exemptions that will not apply may be made 

from the following subsections of 197-11-800: (1), (2) 

• 

(a) through (h), (3), (5), (6)(a), (14)(c), (24) (a) 

through (g), and (25)(d), (f), (h), (i). All other categorical exemptions apply whether or not the proposal will 

be located within an environmentally sensitive area. Exemptions selected by an agency that do not apply within 

the various environmentally sensitive areas shall be listed 

within the SEPA procedures of any county/city adopting such areas; a copy shall be sent to the department of 

ecology. . 

(3) Proposals that will be located within environmentally sensitive areas are to be treated no differently than 

other proposals under this chapter, except as stated in 

made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is 

proposed for location in an environmentally sensitive 

area. 

(4) Certain categorical exemptions do not apply on 

lands covered by water, and this remains true regardless 

of whether or not lands covered by water are mapped. 

WAC 197-11-910 Designation of responsible official. Agency SEPA procedures shall designate or provide 

a method of designating the responsible official with 

speed and certainty (197-11-906 (l)(d». This designation may vary depending upon the nature of the proposal. The responsible official shall carry out the duties 

and functions of the agency when it is acting as the lead 

agency under these guidelines. Since it is possible under 

these rules for an agency to be acting as a lead agency 

prior to actually receiving an application for a license to 

undertake a private project, designation of the first department within the agency to receive an application as 

the responsible official will not be sufficient. 

WAC 197-11-912 Procedures on consulted agencies. Each agency shall develop internal procedures, 

manuals, or guidance for providing responses to consultation requests from other agencies pertaining to threshold investigations, the scoping process, or EISs. Such 

procedures shall ensure that the agency will comply with 

the requirements of Part Four of these rules. It· is recommended that these procedures be integrated within 

existing procedures of investigating license applications 

when the consulted agency is also an acting agency. 

WAC 197-11-914 SEPA fees and costs. Except for 

the costs allowed by this chapter (see, for example, sections 197-11-080, 197-11-100, 197-11-340(3)(a), 197­

11-420(4), 197-11-440(2)(m), 197-11-504, 197-11­

508, 197-11-570, 197-11-600(3)(b) pertaining to the 

cost of preparing environmental documents), these rules 

neither authorize nor prohibit the imposition of fees to 

cover the costs of SEPA compliance. 

WAC 197-11-916 Application to ongoing actions. 

(1) Agency SEPA procedures shall apply to any proposal initiated after the effective date of the lead agency's SEPA procedures or those of the agency proposing 

the action. 

(2) For proposals made before the effective date of 

revised lead agency SEPA procedures, the revised procedures shall apply to those elements of SEPA compliance initiated after the procedures went into effect. 

Agency procedures adopted under RCW 43.21C.120 

and these rules shall not be applied to invalidate or require modification of any threshold determination, EIS 

or other element of SEPA compliance undertaken or 

completed before the effective date of the procedures of 

the lead agency or of the agency proposing the action. 

(3) Agencies are responsible for compliance with any 

statutory requirements that went into effect before the 

[Ch. 197-11 WAC-p 35) 
Part Ten-197-11-916 SEPA Rules 

adoption of these rules and agency SEPA procedures 

(for example, the statutory requirements for appeals). 

WAC 197-11-917 Relationship to chapter 197-10 

WAC. Chapter 197-10 WAC, the original SEPA guidelines, has not been repealed because the existing guidelines of many agencies adopt portions of chapter 197-10 

WAC by reference. Chapter 197-10 WAC also continues to apply for the next one hundred eighty days if an 

agency has not adopted procedures implementing SEPA 

(197-10-900(2) and 197-11-904). The department of 

ecology intends to repeal chapter 197-10 WAC one 

hundred eighty days after the effective date of chapter 

197-11 WAC. 

WAC 197-11-918 Lack of agency procedures. If an 

agency fails to adopt rules, ordinances, resolutions, or 

regulations implementing SEPA within the one hundred 

eighty-day time period required by RCW 43.21C.120, 

the rules in this chapter shall be applied as practicable 

to the actions of such agency. 

WAC 197-11-920 Agencies with environmental expertise. The following agencies shall be regarded as possessing special expertise relating to those categories of 

the environment under which they are listed: 

(1) Air quality. 

(a) Department of ecology. 

(b) Department of natural resources (only for burning 

in forest areas). 

(c) Department of social and health services. 

(d) Regional air pollution control authority or agency. 

(2) Water resources and water quality. 

(a) Department of game. 

(b) Department of ecology. 

(c) Department of natural resources (state-owned 

tidelands, shorelands, harbor areas or beds of navigable 

waters). 

(d) Department of social and health services (public 

water supplies, sewer systems, shellfish habitats). 

(e) Department of fisheries. 

(3) Hazardous and toxic substances (including 

radiation). 

(a) Department of ecology. 

(b) Department of social and health services. 

(c) Department of agriculture (foods or pesticides). 

. (d) Department of fisheries (introduction into waters). 

(e) Department of game (introduction into waters). 

(4) Solid and hazardous waste. 

(a) Department of ecology. 

(b) Department of fisheries (dredge spoils). 

(c) Department of social and health services. 

(d) Department of game (dredge spoils). 

(5) Fish and wildlife. 

(a) Department of game. 

(b) Department of fisheries. 

(6) Natural resources development. 

(a) Department of commerce and economic 

development. 

(b) Department of ecology. 

(c) Department of natural resources. 

lCb. 197-11 WAC-p 361 

(d) Department of fisheries. 

(e) Department of game. 

(7) Energy production, transmission and consumption. 0 

(a) Department of ecology. 

(b) Department of natural resources (geothermal, 

coal, uranium). 

(c) State energy office. 

(d) Energy facility site evaluation council. 

(e) Utilities and transportation commission. 

(8) Land use and management. 

(a) Department of commerce and economic 

development. 

(b) Department of ecology. 

(c) Department of fisheries (affecting surface or marine waters). 

(d) Department of natural resources (tidelands, 

shorelands, or state-owned or managed lands). 

(e) Planning and community affairs agency. 

(f) Department of game. 

(9) Noise. 

(a) Department of ecology. 

(b) Department of social and health services. 

(10) Recreation. 

(a) Department of commerce and economic 

development. 

(b) Department of game. 

(c) Department of fisheries. 

(d) Parks and recreation commission. 

(e) Department of natural resources. 

(11) Archaeological/historical. 

(a) Office of archaeology and historic preservation. 0 

(b) Washington state university at Pullman 

(Washington archaeological research center). 

(12) Transportation. 

(a) Department of transportation. 

(b) Utilities and transportation commission. 

WAC 197-11-922 Lead agency rules. The rules for 

deciding when and how an agency is the lead agency 

(197-11-050) are contained in this part. The method 

and criteria for lead agency selection are in 197-11-924. 

Lead agency rules for different types of proposals as well 

as for specific proposals are in 197-11-926 through 

197-11-940. Rules for interagency agreements are in 

197-11-942 through 197-11-944. Rules for asking the 

department of ecology to resolve lead agency disputes 

are in 197-11-946. Rules for the assumption of lead 

agency status by another agency with jurisdiction are in 

197-11-948. 

WAC 197-11-924 Determining the lead agency. (1) 

The first agency receiving an application for or initiating 

a nonexempt proposal shall determine the lead agency 

for that proposal, unless the lead agency has been previously determined, or the agency receiving the proposal is 

aware that another agency is determining the lead 

agency. The lead agency shall he determined by using 

the criteria in 197-11-926 through 197-11-944. 

(2) If an agency determines that another agency is the 0 

lead agency, it shall mail to such lead agency a copy of 
SEPA Rules Part Ten-197-11-938 

• 

the application it received, together with its determination of lead agency and an explanation. If the agency 

receiving this determination agrees that it is the lead 

agency, it shall notify the other agencies with jurisdiction. If it does not agree, and the dispute cannot be resolved 'by agreement, the agencies shall immediately 

petition the department of ecology for a lead agency determination under 197-11-946. 

(3) Any agency receiving a lead agency determination 

to which it objects shall either resolve the dispute, withdraw its objection, or petition the department for a lead 

agency determination within fifteen days of receiving the 

determination. 

(4) An applicant may also petition the department to 

resolve the lead agency dispute under 197-11-946. 

(5) To make the lead agency determination, an 

agency must determine to the best of its ability the 

range of proposed actions for the proposal (197-11-060) 

and the other agencies with jurisdiction over some or all 

of the proposal. This can be done by: 

(a) Describing or requiring an applicant to describe 

the main features of the proposal; 

(b) Reviewing the list of agencies with expertise; 

(c) Contacting potential agencies with jurisdiction either orally or in writing. 

• 

WAC 197-11-926 Lead agency for governmental 

proposals. (1) When an agency initiates a proposal, it is 

the lead agency for that proposal. If two or more agencies share in the implementation of a proposal, the 

agencies shall by agreement determine which agency will 

be the lead agency. For the purposes of this section, a 

proposal by an agency does not include proposals to license private activity. 

(2) Whenever possible, agency people carrying out 

SEPA procedures should be different from agency people making the proposal. 

WAC 197-11-928 Lead agency for public and private proposals. When the proposal involves both private 

and public activities, it shall be characterized as either a 

private or a public project for the purposes of lead 

agency designation, depending upon whether the primary sponsor or initiator of the project is an agency or 

from the private sector. Any project in which agency 

and private interests are too intertwined to make this 

characterization shall be considered a public project. 

The lead agency for all public project~ shall be determined under 197-11-926. 

WAC 197-11-930 Lead agency for private projects 

with one agency with jurisdiction. For proposed private 

projects for which there is only one agency with jurisdiction, the lead agency shall be the agency with jurisdiction. 

• 

WAC 197-11-932 Lead agency for private projects 

requiring licenses from more than one agency, when one 

of the agencies is a county/city. For proposals for private 

projects that require nonexempt licenses from more than 

one agency, when at least one of the agencies requiring 

such a license is a county/city, the lead agency shall be 

that county/city within whose jurisdiction is located the 

greatest portion of the proposed project area, as measured in square feet. For the purposes of this section, the 

jurisdiction of a county shall not include the areas within 

the limits of cities or towns within such county. 

WAC 197-11-934 Lead agency for private projects 

requiring licenses from a local agency, not a county/city, 

and one or more state agencies. When a proposed private 

project requires nonexempt licenses only from a local 

agency other than a county/city and one or more state 

agencies, the lead agency shall be the local agency. 

WAC 197-11-936 Lead agency for private projects 

requiring .licenses from more than one state agency. (1) 

For private projects which require licenses from more 

than one state agency, but require no license from a 

county/city, the lead agency shall be one of the state 

agencies requiring a license, based upon the following 

order of priority: 

(a) Department of ecology. 

(b) Department of social and health services. 

(c) Department of natural resources. 

(d) Department of fisheries. 

(e) Department of game. 

(f) Utilities and transportation commission. 

(g) Department of motor vehicles. 

(h) Department of labor and industries. 

(2) When none of the state agencies requiring a license is on the above list, the lead agency shall be the 

licensing agency that has the largest biennial 

appropriation. 

(3) When, under subsection (1), an agency would be 

the lead agency solely because of its involvement in a 

program jointly administered with another agency, the 

other agency shall be designated the lead agency for 

proposals for which it is primarily responsible under 

agreements previously made between the two agencies 

for joint operation of the program. 

WAC 197-11-938 Lead agencies for specific proposals. Notwithstanding the lead agency designation criteria contained in 197-11-926 through 197-11-936, the 

lead agency for proposals within the areas listed below 

shall be as follows: 

(1) For all governmental actions relating to energy 

facilities for which certification is required under chapter 80.50 RCW, the lead agency shall be the energy facility site evaluation council (EFSEC); however, for any 

public project requiring such certification and for which 

the study under RCW 80.50.175 will not be made, the 

lead agency shall be the agency initiating the project. 

(2) For all private projects relating to the use of geothermal resources um:ler chapter 79.76 RCW, the lead 

agency shall be the department of natural resources. 

(3) For all private projects requiring a license or other 

approval from the oil and gas conservation committee 

under chapter 78.52 RCW, the lead agency shall be the 

department of natural resources; however, for projects 

[Ch. 197~ 11 WAC-:-p37) 
Part Ten-197-11-938 SEPA Rules 

under RCW 78.52.125, the EIS shall be prepared in accordance with that section. 

(4) For all private activity requiring a license or approval under the Forest Practices Act of 1974, chapter 

76.09 RCW, the lead agency shall be the department of 

natural resources; however, for any proposal that will 

require a license from a county/city acting under the 

powers enumerated in RCW 76.09.240, the lead agency 

shall be the county/city requiring the license. 

(5) For all private projects requiring a license or lease 

to use or affect state lands, the lead agency shall be the 

state agency managing the lands in question; however, 

this subsection shall not apply to the sale or lease of 

state~wned tidelands, harbor areas or beds of navigable 

waters, when such sale or lease is incidental to a larger 

project for which one or more licenses from other state 

or local agencies is required. 

(6) For all proposals which are being processed under 

the Environmental Coordination Procedures Act of 1973 

(ECPA), chapter 90.62 RCW, the lead agency shall be 

determined under the standards of these rules. 

(7) For a pulp or paper mill or oil refinery not under 

the jurisdiction of EFSEC, the lead agency shall be the 

department of ecology, when a National Pollutant Discharge Elimination System (NPDES) permit is required 

under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342). 

(8) For proposals to construct a pipeline greater than 

six inches in diameter and fifty miles in length, used for 

the transportation of crude petroleum or petroleum fuels 

or oil or derivatives thereof, or for the transportation of 

synthetic or natural gas under pressure not under the 

jurisdiction of EFSEC, the lead agency shall be the department of ecology. 

(9) For proposals that will result in an impoundment 

of water with a water surface in excess of forty acres, 

the lead agency shall be the department of ecology. 

(10) For proposals to construct facilities on a single 

·site designed for, or capable of, storing a total of one 

million or more gallons of any liquid fuel not under the 

jurisdiction of EFSEC, the lead agency shall be the department of ecology. 

(11) For proposals to construct any new oil refinery, 

or an expansion of an existing refinery that shall increase capacity by ten thousand barrels per day or more 

not under the jurisdiction of EFSEC, the lead agency 

shall be the department of ecology. 

(12) For proposals to construct any new metallic mineral processing plant, or to expand any such existing 

plant by ten percent or more of design capacity, the lead 

agency shall be the department of ecology. 

(13) For proposals to construct, operate, or expand 

any uranium or thorium mill, any tailings areas generated by uranium or thorium milling or any low-level radioactive waste burial facilities, the lead agency shall be 

the department of social and health services. 

be the lead agency under 197-11-928 through 197-11­

938, and when one or more state agencies are agencies 

with jurisdiction over the proposal, such local agency 

may at its option transfer the lead agency duties to that c 

state agency with jurisdiction appearing first on the priority listing in 197-11-936. In such event, the state 

agency so determined shall be the lead agency and the 

agency making the transfer shall be an agency with jurisdiction. Transfer is accomplished by the county, city 

or town transmitting a notice of the transfer together 

with any relevant information it may have on the proposal to the appropriate state agency with jurisdiction. 

The local agency making the transfer shall also give notice of the transfer to any private applicant and other 

agencies with jurisdiction involved in the proposal. 

WAC 197-11-942 Agreements on lead agency 

status. Any agency may assume lead agency status if all 

agencies with jurisdiction agree. 

WAC 197-11-944 Agreements on division of lead 

agency duties. Two or more agencies may by agreement 

share or divide the responsibilities of lead agency 

through any arrangement agreed upon. In such event, 

however, the agencies involved shall designate one of 

them as the nominal lead agency, which shall be responsible for complying with the duties of the lead agency 

under these rules. Other agencies with jurisdiction shall 

be notified of the ag~eement and determination of the 

nominal lead agency. 

WAC 197-11-946 DOE resolution of lead agency c 

disputes. (1) If the agencies with jurisdiction are unable 

to determine which agency is the lead agency under the 

rules, any agency with jurisdiction may petition the department for a determination. The petition shall clearly 

describe the proposal in question, and include a list of all 

licenses and approvals required for the' proposal. The 

petition shall be filed with the department within fifteen 

days after receipt by the petitioning agency of the determination to which it objects. Copies of the petition shall 

be mailed to any applicant involved, as well as to all 

other agencies with jurisdiction over the proposal. The 

applicant and agencies with jurisdiction may file with 

the department a written response to the petition within 

ten days of the date of the initial filing. 

(2) Within fifteen days of receipt of a petition, the 

department shall make a written determination of the 

lead agency, which shall be mailed to the applicant and 

all agencies with jurisdiction. The department shall 

make its determination in accordance with these rules 

and considering the following factors (which are listed in 

order of descending importance): 

(a) Magnitude of an agency's involvement. 

(b) Approval/disapproval authority over the proposal. 

(c) Expertise concerning the proposal's impacts. 

(d) Duration of an agency's involvement. 

WAC 197-11-940 Transfer of lead agency status to (e) Sequence of an agency's involvement. 

a state agency. For .any proposal for a private project 

where a city or town with a population of under five WAC 197-11-948 Assumption of lead agency c 

status. (1) An agency with jurisdiction over a proposal, thousand or a county of fifth through ninth class would 

[Ch. 197-11 WAC-p 38] 
SEPA·Rules Part Ten-197-11-955 

• 

upon review of a DNS (197-11-340) may transmit to 

the initial lead agency a completed "Notice of Assumption of Lead Agency Status." This notice shall be substantially similar to the form in 197-11-985. 

Assumption of lead agency status shall occur only within 

fifteen days of issuance of a DNS. 

(2) The DS by the new lead agency shall be based 

only upon information contained in the environmental 

checklist attached to the DNS transmitted by the first 

lead agency and any other information the new lead 

agency has on the matters contained in the environmental checklist. 

(3) Upon transmitting the DS and notice of assumption of lead agency status, the consulted agency with jurisdiction shall become the "new" lead agency and shall 

expeditiously prepare an EIS. In addition, all other responsibilities and authority of a lead agency under this 

chapter shall be transferred to the new lead agency. 

WAC 197-11-950 Severability. If any provision of 

this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or 

the application of the provision to other persons or circumstances shall not be affected. 

WAC 197-11-955 Effective date. (1) These rules 

shall become effective April 4, 1984. 

• 

(2) These rules shall apply to agency decisionmaking 

under SEPA when one of the following occurs: 

(a) An agency adopts policies, procedures, and practices for this chapter (197-11-902 and 197-11-904); or 

(b) One hundred eighty days has elapsed from the effective date of these rules. 

(3) The relationship of the effective date to ongoing 

actions is in 197-11-916 and 197-11-917. 

(4) Nothing in these rules shall delay agency compliance with any requirement in chapter 43.21C RCW, as 

amended, such as RCW 43.21C.031 and 43.21C.075 (as 

noted in 197-11-916(3)). 

•
 

lCb. 197-11 WAC-p 39] 
c 

Part Eleven-Chapter 197-11 SEPA Rules 

PART ELEVEN - FORMS 

RCW 197-11-960 Environmental checklist. 

ENVIRONMENTAL CHECKLIST 

Purpose of Checklist: 

The State Environmental Policy Act (SEPA), chapter 43.21 C RCW, requires all governmental agencies to consider 

the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be 

prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of 

this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce 

or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. 

Instructions for Applicants: 

This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring 

preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best des~ription you can. 

You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should 

be able to answer the questions from your own observations or project plans without the need to hire experts. If you 

really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. 

Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer 

these questions if you can. If you have problems, the governmental agencies can assist you. 

The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on 

different parcels of land. Attach any additional information that will help describe your proposal or its environmental 

effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. 

Use of checklist for nonproject proposals: C; 

Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). 

For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or sit~"

should be read as "proposal," "proposer," and "affected geographic area," respectively. 

A. BACKGROUND 

1. Name of proposed project, if applicable: 

2. Name of applicant: 

3. Address and phone number of applicant and contact person: 

4. Date checklist prepared: 

5. Agency requesting checklist: 

6. Proposed timing or schedule (including phasing, if applicable): 

7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? 

If yes, explain. 

lCh. 197-11 RCW-p 40] (1983 Laws) 

c 
SEPA Rules Part Eleven-197-11-960 

8. List any environmental information you know about that has been prepared, or will be prepared, directly related to 

• 

this proposal. 

9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the 

property covered by your proposal? If yes, explain. 

10. List any government approvals or permits that will be needed for your proposal, if known. 

11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. 

There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not 

need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 

• 

12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur 

over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, 

and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not 

required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 

TO BE COMPLETED BY APPLICANT EVALUATION FOR 

AG ENCY USE ONLY 

B. ENVIRONMENTAL ELEMENTS 

1. Earth 

a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous,
 

other _
 

• b. What is the steepest slope on the site (approximate percent slope)? 

(I983 Laws) [Ch. 197-11 RCW-p 41] 
c 

Part Eleven-197-11-960 SEPA Rules 

TO BE COMPLETED BY APPLICANT EVALUATION FOR 

AGENCY USE ONLY 

c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, 

muck)? If you know the classification of agricultural soils, specify them and note any prime 

farmland. 

d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, 

describe. 

e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. 

f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. 

g. About what percent of the site will be covered with impervious surfaces after project 

construction (for example, asphalt or buildings)? o 

h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 

2. Air 

a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, 

odors, industrial wood smoke) during construction and when the project is completed? If 

any, generally describe and give approximate quantities if known. 

b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, 

generally describe. 

c. Proposed measures to reduce or control emissions or other impacts to air, if any: 

()
 

[Ch. 197-11 RCW-p 42] (1983 Laws) 
SEPA Rules	 Part Eleven-197-11-960 

TO BE COMPLETED BY APPLICANT EVALVAnON FOR

•	 

AGENCY USE ONLY 3. Water 

a.	 Surface:
 

1) Is there any surface water body on or in the immediate vicinity of the site (including
 

year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type 

and provide names. If appropriate, state what stream or river it flows into. 

2) Will the project require any work over, in, or adjacent to (within 200 feet) the described 

waters? If yes, please describe and attach available plans. 

3) Estimate the amount of fill and dredge material that would be placed in or removed 

from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. 

4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. 

• 5) Does the proposal lie within a IOO-year floodplain? If so, note location on the site 

plan. 

6) Does the proposal involve any discharges of waste materials to surface waters? If so, 

describe the type of waste and anticipated volume of discharge. 

b. Ground: 

1) Will ground water be withdrawn, or will water be discharged to ground water? Give 

general description, purpose, and approximate quantities if known. 

2) Describe waste material that will be discharged into the ground from septic tanks or 

other sources, if any (for example: Domestic sewage; industrial, containing the following 

chemicals ...; agricultural; etc.). Describe the general size of the system, the number of 

such systems, the number of houses to be served (if applicable), or the number of animals or 

• 

humans the system(s) are expected to serve. 

(1983 Laws)	 [Cb. 197-11 RCW-p 431 
Part Eleven-197-11-960 SEPA Rules 

TO BE COMPLETED BY APPLICANT EV ALUAnON FOR 

AGENCY USE ONLY 

o
 

c. ,Water Runoff (including storm water): 

1) Describe the source of runoff (including storm water) and method of collection and 

disposal, if any (include quantities, if known). Where will this water flow? Will this water 

flow into other waters? If so, describe. 

2) Could waste materials enter ground or surface waters? If so, generally describe. 

d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if 

any: 

4. Plants 

a. Check or circle types of vegetation found on the site: 

_ deciduous tree: alder, maple, aspen, other 

_ evergreen tree: fir, cedar, pine, other o 

shrubs
 

grass
 

pasture \.//'
 

crop or grain "
 

wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
 

water plants: water lily, eelgrass, milfoil, other
 

_ other types of vegetation 

b. What kind and amount of vegetation will be removed or altered? 

c. List threatened or endangered species known to be on or near the site. 

d. Proposed landscaping, use of native plants, or other measures to preserve or enhance 

vegetation on the site, if any: 

5. Animals 

a. Circle any birds and animals which have been' observed on or near the site or are known 

to be on or near the site: 

birds: hawk, heron, eagle, songbirds, other: .
 

mammals: deer, bear, elk, beaver, other: .
 

fish: bass, salmon, trout, herring, shellfish, other: . 

b. List any threatened or endangered species known to be on or near the site. 

ICh. 197-11 RCW-p 44] (1983 Laws) 

c 
SEPA Rules Part Eleven-197-11-960 

TO BE COMPLETED BY APPLICANT EVALUAnON FOR 

I. AG ENCY USE ONLY 

c. Is the site part of a migration route? If so, explain. 

d. Proposed measures to preserve or enhance wildlife, if any: 

6. Energy and Natural Resources 

a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet 

the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. 

b. Would your project affect the potential use of solar energy by adjacent properties? If so, 

generally describe. 

c. What kinds of energy conservation features are included in the plans of this proposal? 

List other proposed measures to reduce or control energy impacts, if any: 

• 7. Environmental Health 

a. Are there any environmental health hazards, including exposure to toxic chemicals, risk 

of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? 

If so, describe. 

1) Describe special emergency services that might be required. 

2) Proposed measures to reduce or control environmental health hazards, if any: 

b. Noise 

1) What types of noise exist in the area which may affect your project (for example: 

traffic, equipment, operation, other)? 

2) What types and levels of noise would be created by or associated with the project on a I. short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. 

(1983 Laws) ICb. 197-11 RCW-p 45] 
c 

Part Eleven-197-11-960 SEPA Rules 

TO BE COMPLETED BY APPLICANT EV ALUAnON FOR 

AG ENCY USE ONLY 

3) Proposed measures to reduce or control noise impacts, if any: 

8. Land and Shoreline Use 

a. What is the current use of the site and adjacent properties? 

b. Has the site been used for agriculture? If so, describe. 

c. Describe any structures on the site. 

d. Will any structures be demolished? If so, what? 

o 

e. What is the current zoning classification of the site? 

f. What is the current comprehensive plan designation of the site? 

g. If applicable, what is the current shoreline master program designation of the site? 

h. Has any part of the site been classified as an "environmentally sensitive" area? If so, 

specify. 

I. Approximately how many people would reside or work in the completed project? 

J. Approximately how many people would the completed project displace? 

k. Proposed measures to avoid or reduce displacement impacts, if any: 

1. Proposed measures to ensure the proposal is compatible with existing and projected land 

uses and plans, if any: 

o
 

[Ch. 197-11 RCW-p 461 (1983 Laws) 
SEPARules .Part Eleven-197-11-960 

• 

TO BE COMPLETED BY APPLICANT EVALUATION FOR 

AGENCY USE ONLY 

9. Housing 

a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 

b. Approximately how many units, if any, would be eliminated? Indicate whether high, 

middle, or low-income housing. 

c. Proposed measures to reduce or control housing impacts, if any: 

10. Aesthetics 

a. What is the tallest height of any proposed structure(s), not including antennas; what is 

the principal exterior building material(s) proposed? 

b. What views in the immediate vicinity would be altered or obstructed? 

• 

c. Proposed measures to reduce or control aesthetic impacts, if any: 

II. Light and Glare 

a. What type of light or glare will the proposal produce? What time of day would it mainly 

occur? 

b. Could light or glare from the finished project be a safety hazard or interfere with views? 

c. What existing off-site sources of light or glare may affect your proposal? 

d. Proposed measures to reduce or control light and glare impacts, if any: 

12. Recreation 

a. What designated and informal recreational opportunities are in the immediate vicinity? 

• 

b. Would the proposed project displace any existing recreational uses? If so, describe. 

(1983 Laws) [Ch. 197-11 RCW-p 471 
c 

Part Eleven-197-11-960 SEPA Rules 

TO BE COMPLETED BY APPLICANT EVALUATION FOR 

AG ENCY USE ONLY 

c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 

I3. Historic and Cultural Preservation 

a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. 

b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or 

cultural importance known to be on or next to the site. 

c. Proposed measures to reduce or control impacts, if any: 

o 

14. Transportation 

a. Identify public streets and highways serving the site, and describe proposed access to the 

existing street system. Show on site plans, if any. 

b. Is site currently served by public transit? If not, what is the approximate distance to the 

nearest transit stop? 

c. How many parking spaces would the completed project have? How many would the 

project eliminate? 

d. Will the proposal require any new roads or streets, or improvements to existing roads or 

streets, not including driveways? If so, generally describe (indicate whether public or 

private). 

e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. 

o
 

f. How many vehicular trips per day would be generated by the completed project? If 

known, indicate when peak volumes would occur. 

[Ch. 197-11 RCW-p 48] (1983 Laws) 
SEPA Rules Part Eleven-197-11-960 

TO BE COMPLETED BY APPLICANT EV ALUAnON FOR 

• g. Proposed measures to reduce or control transportation impacts, if any: 

AG ENCY USE ONLY 

15. Public Services 

a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. 

b. Proposed measures to reduce or control direct impacts on public services, if any. 

16. Utilities 

a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. 

•
 

b. Describe the utilities that are proposed for the project, the utility providing the service,
 

and the general construction activities on the site or in the immediate vicinity which might
 

be needed.
 

C. SIGNATURE 

The above answers are true and complete to the best of my knowledge. I understand that
 

the lead agency is relying on them to make its decision.
 

Signature: .
 

Date Submitted: .
 

•
 

(1983 Laws) [Ch. 197-11 RCW-p 49] 
0 

Part Eleven-l97-1 1-960 SEPA Rules 

TO BE COMPLETED BY APPLICANT EVALUATION FOR 

AG ENCY USE ONLY 

D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS 

(do not use this sheet for project actions) 

Because these questions are very general, it may be helpful to read them in conjunction 

with the list of the elements of the environment. 

When answering these questions, be aware of the extent the proposal, or the. types of 

activities likely to result from the proposal, would affect the item at a greater intensity or 

at a faster rate than if the proposal were not implemented. Respond briefly and in general 

terms. 

I. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? 

Proposed measures to avoid or reduce such increases are: 

2. How would the proposal be likely to affect plants, animals, fish; or marine life? 

Proposed measures to protect or conserve plants, animals, fish, or marine life are: o 

3. How would the proposal be likely to deplete energy or natural resources? 

Proposed measures to protect or conserve energy and natural resources are: 

4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural 

sites, wetlands, floodplains, or prime farmlands? 

Proposed measures to protect such resources or to avoid or reduce impacts are: 

5. How would the proposal be likely to affect land and shoreline use, including whether it o

would allow or encourage land or shoreline uses incompatible with existing plans?
 

lCh. 197-11 RCW-p 50] (1983 Laws)
 
SEPA Rules Part Eleven-197-11-960 

• 

TO BE COMPLETED BY APPLICANT EVALUAnON FOR 

AGENCY USE ONLY 

Proposed measures to avoid or reduce shoreline and land use impacts are: 

6. How would the proposal be likely to increase demands on transportation or public services and utilities? 

Proposed measures to reduce or respond to such demand(s) are: 

7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws 

or requirements for the protection of the environment. 

• 

•
 

(1983 Laws) leh. 197-11 RCW-p 511 
c 

Part Eleven-197-11-960 SEPA Rules 

RCW 197-11-960 Adoption notice. 

ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT 

Adoption for (check appropriate box) D DNS 0 EIS 0 other _ 

Description of current proposal _ 

Proponent _
 

Location of current proposal _
 

Title of document being adopted _
 

Agency that prepared document being adopted _
 

Description of document (or portion) being adopted 

o 

If the document being adopted has been challenged (197-11-630), please describe: 

The document is available to be read at (place/time) 

We have identified and adopted this document as being appropriate for this proposal after independent review. The 

document meets our environmental review needs for the current proposal and will accompany the proposal to the 

decisionmaker. 

Contact person, if other than

responsible official Phone _ 

Responsible official _ 

Position/title Phone _ 

Address _ 

Date Signature _ o 

[Ch. 197-11 RCW-p 521 (1983 Laws) 
SEPA Rules Part Eleven-197-11-970 

RCW 197-11-970 Determination of nonsignificance (DNS). 

• DETERMINATION OF NONSIGNIFICANCE 

Description of proposal	 _ 

Proponent _ 

Location of proposal, including street address, ifany 

Lead agency	 _ 

The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the 

environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision 

was made after review of a completed environmental checklist and other information on file with the lead agency. This 

information is available to the public on request. 

o There is no comment period for this DNS. 

• 

o This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date 

below. Comments must be submitted by _ 

Responsible official	 ....:- _ 

Position/title	 Phone _ 

Address	 _ 

Date Signature	 _ 

(OPTIONAL) 

o	 You may appeal this determination to (name)
 

at (location)
 

no later than (date)
 

by (method)
 

You should. be prepared to make specific factual objections.
 

Contact to read or ask about the procedures
 

for SEPA appeals.
 

o There is no agency appeal. 

I.
 

(1983 Laws)	 [Cb. 197-11 RCW-p 531 
c 

Part Eleven-197-11-980 SEPA Rules 

RCW 197-11-980 Determination of significance and scoping notice (OS). 

DETERMINATION OF SIGNIFICANCE 

AND REQUEST FOR COMMENTS ON SCOPE OF EIS 

Description of proposal	 _ 

Proponent _
 

Location of proposal _
 

Lead agency	 _ 

EIS Required. The lead agency has determined this proposal is likely to have a significant adverse impact on the environment. An environmental impact statement (EIS) is required under RCW 43.21C.030(2)(c) and will be prepared. 

An environmental checklist or other materials indicating likely environmental impacts can be reviewed at our offices. 

The lead agency has identified the following areas for discussion in the EIS:	 _ 

Scoping. Agencies, affected tribes, and members of the public are invited to comment on the scope of the EIS. You 

may comment on alternatives, mitigation measures, probable significant adverse impacts, and licenses or other ap- 0 

provals that may be required. The method and deadline for giving us your comments is: 

Responsible official	 _ 

Address	 _ 

Date Signature	 _ 

(OPTIONAL) 

o	 You may appeal this determination of significance
 

to (name)
 

at (location)
 

no later than (date)
 

by (method)
 

You should be prepared to make specific factual objections.
 

Contact to read or ask about the procedures
 

for SEPA appeals. o 

o There is no agency appeal. 

lCb. 197-11 RCW-p 54]	 (1983 Laws) 
SEPA Rules Part Eleven-197-11-985 

RCW 197-11-985 Notice of assumption of lead agency status. 

• NOTICE OF ASSUMPTION OF LEAD AGENCY STATUS 

Description of proposal _ 

Proponent _
 

Location of proposal _
 

Initial lead agency _ 

New lead agency _ 

The initial lead agency concluded that this proposal was not likely to have significant adverse impact on the environment, according to its determination of nonsignificance dated _ I 

I 

I. 

We have reviewed the environmental checklist and related information. In our opinion, an environmental impact 

statement (EIS) is required on the proposal, because of the following impacts: _ 

You are being notified that we assume the responsibility of lead agency under SEPA, including the duty to prepare an 

EIS on the proposal. 

Responsible official _ 

Address _ 

Date Signature 

•
 

(1983 Laws) [Cb. 197-11 RCW-p 55] 
Part Eleven-197-11-990 SEPA Rules 

RCW 197-11-990 Notice of action. 

NOTICE OF ACTION o 

NOTICE IS GIVEN UNDER SEPA, RCW 43.21C.080, THAT (NAME OF AGENCY OR ENTITY) TOOK 

THE ACTION DESCRIBED IN (2) BELOW ON (DATE) _ 

1. ANY ACTION TO SET ASIDE, ENJOIN, REVIEW, OR OTHERWISE CHALLENGE SUCH ACTION ON THE GROUNDS OF NONCOMPLIANCE WITH THE PROVISIONS OF CHAPTER 43.21C RCW (STATE ENVIRONMENTAL POLICY ACT) SHALL BE COMMENCED ON OR BEFORE (DATE) _ 

3. DESCRIPTION OF PROPOSAL (IF NOT COVERED BY (2)): 

4. LOCATION OF PROPOSAL (A SUFFICIENT DESCRIPTION SHOULD BE GIVEN TO LOCATE THE SITE, IF ANY, BUT A COMPLETE LEGAL DESCRIPTION IS NOT REQUIRED): 

o
 

5. TYPE OF ENVIRONMENTAL REVIEW UNDER SEPA (INCLUDE NAME AND DATE OF ANY ENVIRONMENTAL DOCUMENTS): 

6. DOCUMENTS MAY BE EXAMINED DURING REGULAR BUSINESS HOURS AT (LOCATION, INCLUDING ROOM NUMBER, IF 

ANY): 

7. NAME OF AGENCY, PROPONENT, OR APPLICANT GIVING NOTICE: 

8. THIS NOTICE IS FILED BY (SIGNATURE OF INDIVIDUAL AND CAPACITY IN WHICH THE PERSON IS SIGNING): 

____________________ DATE _ 

lCh. 197-11 RCW-p 56] (1983 Laws)