• Chapter 43.21C RCW 

STATE ENVIRONMENTAL POLICY 

Sections 

43.21C.010 Purposes. 

43.21C.020 Legislative recognitions--Declaration-­

Responsibility. 

43.21C.030 Guidelines for state agencies, local governments-­

Statements--Reports--Advice--Information. 

43.21 C.031 Significant impacts. 

i. 43.2IC.035 Certain irrigation projects decisions exempt from RCW 

43.21 C.030(2)(c). 

43.21C.037 Application of RCW 43.2IC.030(2)(c) to forest 

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I 43.21C.038 

practices. 

Application of RCW 43.2IC.030(2)(c) to school 

I closures. 

43.21C.040 Examination of laws, regulations, policies by state agencies and local authorities--Report of deficiencies 

and corrective measures. 

43.2IC.050 Specific statutory obligations not affected. 

43.21C.060 Chapter supplementary--Conditioning or denial of 

governmental action. 

43.21C.075 Appeals. 

43.2IC.080 Notice of action by governmental agency--How publicized--Form--Time limitation for commencing. 

challenge to action. 

43.21C.087 List of filings required by RCW 43.21 C.080. 

43.21C.090 Decision of governmental agency to be accorded sub­

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43.21C.095 

43.2IC.IIO 

43.21C.120 

43.21C.130 

stantial weight. 

State environmental policy act rules to be accorded substantial deference. 

Content of state environmental policy act rules. 

Rules, ordinances, resolutions and regulations-­

. Adoption--Effective dates. 

Model ordinances. 

43.21C.135 Authority of local governmental units to adopt rules, 

guidelines and model ordinances by reference. 

43.21C.150 RCW 43.21C.030(2)(c) inapplicable when statement 

previously prepared pursuant to national environmental policy act. 

43.21C.160 Utilization of statement prepared under RCW 43.21C­

.030 to implement chapter 90.62 RCW--Utilization 

of chapter 90.62 RCW procedures to satisfy RCW 

43.21 C.030(2)(c). 

43.21C.165 Challenges to consistency of rules adopted pursuant to 

RCW 43.21C.110 and 43.2IC.16o-Procedure-­

Finality. 

43.21 C.170 Council on environmental policy. 

43.21C.175 Council on environmental policy--Personnel. 

43.21C.210 Certain actions during state of emergency exempt from 

chapter. 

43.21 C.220 Incorporation of city or town exempt from chapter. 

43.21 C.230 Development and adoption of plan under chapter 43.180 

RCW exempt from chapter; 

43.21C.300 Workshops--Handbook. 

43.2IC.500 Exemption from this chapter of emergency recovery operations from Mt. St. Helens eruption authorized-­

Expiration of section. 

43.21C.900 Short title. 

43.21C.910 Severability--1974 ex.s. c 179. 

43.2IC.911 Section headings not part of law--1983 c 117. 

43.21C.912 Applicability--1983 c 117. 

43.2IC.913 Severability--1983 c 117. 

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43.21C.914 Effective dates--1983 c 117. 

RCW 43.2IC.OIO Purposes. The purposes of this 

chapter are: (1) To declare a state policy which will encourage productive and enjoyable harmony between man 

prevent or eliminate damage to the environment and biosphere; (3) and stimulate the health and welfare of 

man; and (4) to enrich the understanding of the ecological systems and natural resources important to the state 

and nation. [1971 ex.s. c 109 § 1.] 

RCW 43.2IC.020 Legislative recognitions--Declaration--Responsibility. (1) The legislature, recognizing that man depends on his biological and physical 

surroundings for food, shelter, and other needs, and for 

cultural enrichment as well; and recognizing further the 

profound impact of man's activity on the interrelations 

of all components of the natural environment, particularly the profound influences of population growth, 

high-density urbanization, industrial expansion, resource 

utilization and exploitation, and new and expanding 

technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of 

man, declares that it is the continuing policy of the state 

of Washington, in cooperation with federal and local 

governments, and other concerned public and private organizations, to use all practicable means and measures, 

including financial and technical assistance, in a manner 

calculated to: (a) Foster and promote the general welfare; (b) to create and maintain conditions under which 

man and nature can exist in productive harmony; and 

(c) fulfill the socia), economic, and other requirements 

of present and future generations of Washington 

citizens. 

(2) In order to carry out the policy set forth in this 

chapter, it is the continuing responsibility of the state of 

Washington and all agencies of the state to use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, 

functions, programs, and resources to the end that the 

state and its citizens may: 

(a) Fulfill the responsibilities of each generation as 

trustee of the environment for succeeding generations; 

(b) Assure for all people of Washington safe, healthful, productive, and esthetically and culturally pleasing 

surroundings; 

(c) Attain the widest range of beneficial uses of the 

environment without degradation, risk to health or 

safety, or other undesirable and unintended 

consequences; 

(d) Preserve important historic, cultural, and natural 

aspects of our national heritage; 

(e) Maintain, wherever possible, an environment 

which supports diversity and variety of individual choice; 

(f) Achieve a balance between population and resource use which will permit high standards of living and 

a wide sharing of life's amenities; and 

and his environment; (2) to promote efforts which will 

(1983 Laws) lCh. 43.21C RCW-p 11 
43.21C.020 State Environmental Policy 

(g) Enhance the quality of renewable resources and 

approach the maximum attainable recycling of depletable resources. 

(3) The legislature recognizes that each person has a . 

fundamental and inalienable right to a healthful environment and that each person has a responsibility to 

contribute to the preservation and enhancement of the 

environment. [1971 ex.s. c 109 § 2.] 

RCW 43.21C.030 Guidelines for state agencies, local 

governments-Statements--Reports--Advice-­

Information. The legislature authorizes and directs that, 

to the fullest extent possible: (1) The policies, regulations, and laws of the state of Washington shall be interpreted and administered in accordance with the 

policies set forth in this chapter, and (2) all branches of 

government of this state, including state agencies, municipal and public corporations, and counties shall: 

(a) Utilize a systematic, interdisciplinary approach 

which will insure the integrated use of the natural and 

social sciences and the environmental design arts in 

planning and in decision making which may have an impact on man's environment; 

(b) Identify and develop methods and procedures, in 

consultation with the department of ecology and the 

ecological commission, which will insure that presently 

unquantified environmental amenities and values will be 

given appropriate consideration in decision making along 

with economic and technical considerations; 

(c) Include in every recommendation or report on 

proposals for legislation and other major actions significantly affecting the quality of the environment, a detailed statement by the responsible official on: 

(i) the environmental impact of the proposed action; 

(ii) any adverse environmental effects which cannot 

be avoided should the proposal be implemented; 

(iii) alternatives to the proposed action; 

(iv) the relationship between local short-term uses of 

man's environment and the maintenance and enhancement of long-term productivity; and 

(v) any irreversible and irretrievable commitments of 

resources which would be involved in the proposed action 

should it be implemented; 

(d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any public agency which has jurisdiction by 

law or special expertise with respect to any environmental impact involved. Copies of such statement and the 

comments and views of the appropriate federal, province, 

state, and local agencies, which are authorized to develop and enforce environmental standards, shall be 

made available to the governor, the department of ecology, the ecological commission, and the public, and shall 

accompany the proposal through the existing agency review processes; 

(e) Study, develop, and describe appropriate alternatives to recommended courses of action in any proposal 

with state policy, lend appropriate support to initiatives, 

resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment; 

(g) Make available to the federal government, other 

states, provinces of Canada, municipalities, institutions, 

and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the 

environment; 

(h) Initiate and utilize ecological information in the 

planning and development of natural resource-oriented 

projects. [1971 ex.s. c 109 § 3.] 

RCW 43.21C.031 Significant impacts. An environmental impact statement (the detailed statement required by RCW 43.21C.030(2)(c» shall be prepared on 

proposals for legislation and other major actions having 

a probable significant, adverse environmental impact. 

Actions categorically exempt under RCW 

43.21C.II0(1)(a) do not require environmental review 

or the preparation of an environmental impact statement 

under this chapter. 

An environmental impact statement is required to analyze only those probable adverse environmental impacts 

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I 

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which are significant. Beneficial environmental impacts 

may be discussed. The responsible official shall consult 

with agencies and the public to identify such impacts 

and limit the scope of an environmental impact statement. The subjects listed in RCW 43.21C.030(2)(c) 

need not be treated as separate sections of an environshort-term 

mental impact 

and 

statement. 

long-term environmental 

Discussions of 

impacts, 

significant 

sig­ o

nificant irrevocable commitments of natural resources, 

significant alternatives including mitigation measures, 

and significant environmental impacts which cannot be 

mitigated should be consolidated or included, as applicable, in those sections of an environmental impact 

statement where the responsible official decides they 

logically belong. [1983 c 117 § 1.] 

RCW 43.21C.035 Certain irrigation projects decisions exempt from RCW 43.21C.030(2)(c). Decisions pertaining to applications for appropriation of fifty cubic 

feet of water per second or less for irrigation projects 

promulgated by any person, private firm, private corporation or private association without resort to subsidy by 

either state or federal government pursuant to RCW 

90.03.250 through 90.03.340, as now or hereafter i 

amended, to be used for agricultural irrigation shall not I 

be subject to the requirements of RCW I 

I 43.21C.030(2)(c), as now or hereafter amended. [1974 'I 

ex.s. c 150 § 1.] 

RCW 43.21C.037 Application of RCW 

43.21C.030(2)(c) to forest practices. (1) Decisions pertaining to applications for Class I, II, and III forest 

practices, as defined by rule of the forest practices board 

which involves unresolved conflicts concerning alterna­ under RCW 76.09.050, are not subject to the requiretive 

([) 

uses 

Recognize 

of available 

the world-wide 

resources; 

and long-range charac­ amended. 

ments of RCW 43.21C.030(2)(c) as now or hereafter o

ter of environmental problems and, where consistent
 

lCb. 43.21C RCW-p 21 (1983 Laws)
 
State Environmental Policy 43.21C.075 

(2) When the applicable county, city, or town requires RCW 43.21C.050 Specific statutory obligations not 

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a license in connection with any proposal involving forest 

practices (a) on lands platted after January 1, 1960, (b) 

on lands being converted to another use, or (c) on lands 

which, pursuant to RCW 76.09.070 as now or hereafter 

amended, are not to be reforested because of the likelihood of future conversion to urban development, then 

the local government, rather than the department of 

natural resources, is responsible for any detailed statement required under RCW 43.21C.030(2)(c). 

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(3) Those forest practices determined by rule of the 

forest practices board to have a potential for a substantial impact on the environment, and thus to be Class IV 

practices, require an evaluation by the department of 

natural resources as to whether or not a detailed statement must be prepared pursuant to this chapter. The 

evaluation shall be made within ten days from the date 

the department receives the application. A Class IV forest practice application must be approved or disapproved 

by the department within thirty calendar days from the 

date the department receives the application, unless the 

department determines that a detailed statement must 

be made, in which case the application must be approved 

or disapproved by the department within sixty days from 

the date the department receives the application, unless 

the commissioner of public lands, through the promulgation of a formal order, determines that the process 

cannot be completed within such period. This section 

shall not be construed to prevent any local or regional 

governmental entity from determining that a detailed 

statement must be prepared for an action regarding a 

Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be 

conducted. [1983 c 117 § 2; 1981 c 290 § 1.] 

RCW 43.21C.038 Application of RCW 

43.21C.030(2)(c) to school closures. Nothing in RCW 

43.21C.030(2)(c) shall be construed to require the preparation of an environmental impact statement or the 

making of a threshold determination for any decision or 

any action commenced subsequent to September 1, 

1982, pertaining to a plan, program, or decision for the 

closure of a school or schools or for the school closure 

portion of any broader policy, plan or program by a 

school district board of directors. [1983 c 109 § 1.] 

RCW 43.21C.040 Examination of laws, regulations, 

policies by state agencies and local authorities--Report of deficiencies and corrective measures. All branches 

of government of this state, including state agencies, 

municipal and public corporations, and counties shall 

review their present statutory authority, administrative 

regulations, and current policies and procedures for the 

purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of this chapter 

affected. Nothing in RCW 43.21C.030 or 43.21C.040 

shall in any way affect the specific statutory obligations 

of any agency (1) to comply with criteria or standards of 

environmental quality, (2) to coordinate or consult with 

any other public agency, or (3) to act, or refrain from 

acting contingent upon the recommendations or certification of any other public agency. [1971 ex.s. c 109 § 5.] 

RCW 43.21C.060 Chapter supplementary--Conditioning or denial of governmental action. The policies 

and goals set forth in this chapter are supplementary to 

those set forth in existing authorizations of all branches 

of government of this state, including state agencies, 

municipal and public corporations, and counties. Any 

governmental action may be conditioned or denied pursuant to this chapter: Provided, That such conditions or 

denials shall be based upon policies identified by the appropriate governmental authority and incorporated into 

regulations, plans, or codes which are formally designated by the agency (or appropriate legislative body, in 

the case of local government) as possible bases for the 

exercise of authority pursuant to this chapter. Such designation shall occur at the time specified by RCW 43­

.21 C.120. Such action may be conditioned only to 

mitigate specific adverse environmental impacts which 

are identified in the environmental documents prepared 

under this chapter. These conditions shall be stated in 

writing by the decisionmaker. Mitigation measures shall 

be reasonable and capable of being accomplished. In order to deny a proposal under this chapter, an agency 

must find that: (1) The proposal would result in significant adverse impacts identified in a final. or supplemental environmental impact statement prepared under 

this chapter; and (2) reasonable mitigation measures are 

insufficient to mitigate the identified impact. Except for 

permits and variances issued pursuant to chapter 90.58 

RCW, when such a governmental action, not requiring a 

legislative decision, is conditioned or denied by a nonelected official of a local governmental agency, the decision shall be appealable to the legislative authority of the 

acting local governmental agency unless that legislative 

authority formally eliminates such appeals. Such appeals 

shall be in accordance with procedures established for 

such appeals by the legislative authority of the acting 

local governmental agency. [1983 c 117 § 3; 1977 ex.s. c 

278 § 2; 1971 ex.s. c 109 § 6.] 

RCW 43.21C.075 Appeals. (1) Because a major 

purpose of this chapter is to combine environmental 

considerations with public decisions, any appeal brought 

under this chapter shall be linked to a specific governmental action. The State Environmental Policy Act provides a basis for challenging whether governmental 

action is in compliance with the substantive and procedural provisions of this chapter. The State Environmen­

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and shall propose to the governor not later than January tal Policy Act is not intended to create a cause of action
 

1, 1972, such measures as may be necessary to bring unrelated to a specific governmental action.
 

their authority and policies in conformity with the in­ (2) Unless otherwise provided by this section:
 

tent, purposes, and procedures set forth in this chapter.
 

[1971 ex.s. c 109 § 4.]
 

(1983 Laws) lCb. 43.21C RCW-p 31 
43.21C.075 State Environmental Policy 

(a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental determinations. 

(b) Appeals of environmental determinations made 

(or lacking) under this. chapter shall be commenced 

within the time required to appeal the governmental action which is subject to environmental review. 

(3) If an agency has a procedure for appeals of 

agency environmental determinations made under this 

chapter, such procedure: 

(a) Shall not allow more than one agency appeal proceeding on a procedural determination (the adequacy of 

a determination of significance/nonsignificance or of a 

final environmental impact statement), consistent with 

any state statutory requirements for appeals to local legislative bodies. The appeal proceeding on a determination of significance/nonsignificance may occur before 

the agency's final decision on a proposed action. Such an 

appeal shall also be allowed for a determination of 

significance/nonsignificance which may be issued by the 

agency after supplemental review; 

(b) Shall consolidate appeal of procedural issues and 

of substantive determinations made under this chapter 

(such as a decision to require particular mitigation measures or to deny a proposal) by providing for simultaneous appeal of an agency decision on a proposal and 

any environmental determinations made under this 

chapter, with the exception of the threshold determination appeal as provided in (a) of this subsection or an 

appeal to the local legislative authority under RCW 43­

.21C.060 or other applicable state statutes; 

(c) Shall provide for the preparation of a record for 

use in any subsequent appeal proceedings, and shall provide for any subsequent appeal proceedings to be conducted on the record, consistent with other applicable 

law. An adequate record consists of findings and conclusions, testimony under oath, and taped or written transcript. An electronically recorded transcript will suffice 

for purposes of review under this paragraph; and 

(d) Shall provide that procedural determinations 

made by the responsible official shall be entitled to substantial weight. 

(4) If a person aggrieved by an agency action has the 

right to judicial.appeal and if an agency has an appeal 

procedure, such person shall, prior to seeking any judicial review, use such procedure if any such procedure is 

available, unless expressly provided otherwise by state 

statute. 

(5) RCW 43.21C.080 establishes an optional "notice 

of action" procedure which,. if used, imposes a time period for appealing decisions under this chapter. Some 

statutes and ordinances contain time periods for challenging governmental actions which are subject to review 

under this chapter, such as various local land use approvals (the "underlying governmental action If). This 

section does not modify any such time periods. This section governs when a judicial appeal must be brought under this chapter where a "notice of action" is used, 

and/or where there is another time period which is required by statute' or ordinance for challenging the underlying governmental action. In this subsection, -the 

term" appeal" refers to a judicial appeal only. o 

(a) If there is a time period for appealing the underlying governmental action, appeals under this chapter 

shall be commenced within thirty days. The agency shall 

give official notice stating the date and place for commencing an appeal. If there is an agency proceeding under subsection (3) of this section, the appellant shall, 

prior to commencing a judicial appeal, submit to the responsible official a notice of intent to commence a judicial appeal. This notice of intent shall be given within 

the time period for commencing a judicial appeal on the 

underlying governmental action. 

(b) A notice of action under RCW 43.21C.080 may 

be used. If a notice of action is used, judicial appeals 

shall be commenced within the time period specified by 

RCW 43.21C.080, unless there is a time period for appealing the underlying governmental action in which 

case (a) of this subsection shall apply. 

(c) Notwithstanding RCW 43.21C.080(1), if there is 

a time period for appealing the underlying governmental 

action, a notice of action may be published within such 

time period. . 

(6)(a) Judicial review of an appeal decision made by 

an agency under RCW 43.21C.075(5) shall be on the 

record, consistent with other applicable law. 

(b) A taped or written transcript may be used. If a 

taped transcript is to be reviewed, a record shall identify 

the location on the taped transcript of testimony and evidence to be reviewed. Parties are' encouraged to desig­ o 

nate only those portions of the testimony necessary to 

present the issues raised on review, but if a party alleges 

that a finding of fact is not supported by evidence, the 

party should include in the record all evidence relevant 

to the disputed finding. Any other party may designate 

additional portions of the taped transcript relating to'issues raised on review. A party may provide a written 

transcript of portions of the testimony at the party's own 

expense or apply to that court for an order requiring the 

party seeking review to pay for additional portions of the 

written transcript. 

(c) Judicial review under this chapter shall without 

exception be of the governmental action together with its 

accompanying environmental determinations. 

(7) Jurisdiction over the review of determinations under this chapter in an appeal before an agency or superior court shall upon consent of the parties be 

transferred in whole or part to the shorelines hearings 

board. The shorelines hearings board shall hear the 

matter and sign the final order expeditiously. The superior court shall certify the final order of the shorelines 

hearings board and said certified final order may only be 

appealed to an appellate court. 

(8) For purposes of this section and RCW 43.21 C­

.080, the words "action", "decision", and "determination" mean substantive agency action including any 

accompanying procedural determinations under this o 

lCb. 43.21C RCW-p 4J (1983 Laws) 
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State Environmental Policy 43.21C.080 

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I 

chapter (except where the word "action" means "appeal" in RCW 43.21C.080(2) and (3)). The word "action" in this section and RCW 43.21C.080 does not 

mean a procedural determination by itself made under 

this chapter. The word "determination" includes any environmental document required by this chapter and state 

or local implementing rules. The word "agency" refers to 

any state or local unit of government. The word "appeal" refers to administrative, legislative, or judicial 

appeals. 

(9) The court in its discretion may award reasonable 

attorney's fees of up to one thousand dollars in the aggregate to the prevailing party, including a governmental 

agency, on issues arising out of this chapter if the court 

makes specific findings that the legal position of a party 

is frivolous and without reasonable basis. [1983 c 117 § 

4.] 

RCW 43.21C.080 Notice of action by governmental 

agency--How publicized--Form--Time limitation for commencing challenge to action. (1) Notice of 

any action taken by a governmental agency may be 

publicized by the acting governmental agency, the applicant for, or the proponent of such action, in substantially 

the form as set forth in subsection (3) of this section and 

in the following manner: 

(a) By publishing notice on the same day of each 

week for two consecutive weeks in a legal newspaper of 

general circulation in the area where the property which 

is the subject of the action is located; 

(b) By filing notice of such action with the department of ecology at its main office in Olympia prior to 

the date of the last newspaper publication; and 

(c) Except for those actions which are of a nonproject 

nature, by one of the following methods which shall be 

accomplished prior to the date of last newspaper 

publication; 

(i) Mailing to the latest recorded real property owners, as shown by the records of the county treasurer, who 

share a common boundary line with the property upon 

which the project is proposed through United States 

mail, first class, postage prepaid. 

(ii) Posting of the notice in a conspicuous manner on 

the property upon which the project is to be constructed. 

(2) (a) Any action to set aside, enjoin, review, or 

otherwise challenge any such governmental action for 

which notice is given as provided in subsection (1) of 

this section on grounds of noncompliance with the provisions of this chapter shall be commenced within thirty 

days from the date of last newspaper publication of the 

notice pursuant to subsection (1) of this section, or be 

barred: Provided, however, That the time period within 

which an action shall be commenced shall be ninety days 

(i) for projects to be performed by a governmental 

agency or to be performed under government contract, 

or (ii) for thermal power plant projects: Provided further, That any subsequent governmental action on the 

proposal for which notice has been given as provided in 

subsection (1) of this section shall not be set aside, enjoined, reviewed, or otherwise challenged on grounds of 

noncompliance with the provisions of RCW 

(1983 Laws) 

43.21C.030(2)(a) through (h) unless there has been a 

substantial change in the proposal between the time of 

the first governmental action and the subsequent governmental action, or unless the action now being considered was identified in an earlier detailed statement or 

declaration of nonsignificance as being one which would 

require further environmental evaluation. (b) Any action 

to challenge a subsequent governmental action based 

upon any provisions of this chapter shall be commenced 

within thirty days from the date of last newspaper publication of the subsequent governmental action except (i) 

for projects to be performed by a governmental agency 

or to be performed under governmental contract, or (ii) 

for thermal power plant projects which shall be challenged within ninety days from the date of last newspaper publication of the subsequent governmental action, 

or be barred. 

(3) The form for such notice of action shall be issued 

by the department of ecology and shall be made available by the governmental agency taking an action subject to being publicized pursuant to this section, by the 

county auditor, and/or the city clerk to the project applicant or proposer. The form of such notice shall be 

substantially as follows: 

NOTICE OF ACTION BY 

(Government agency or entity) 

Pursuant to the provisions of chapter 43.21C RCW, 

notice is hereby given that: 

The (Government agency or entity) 

did on (date), take the action described 

below. 

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 En-· 

vironmental Policy Act) shall be commenced within 

_____ days or be barred. 

The action taken by (Government 

agency or entity), notice of which is hereby given, was as 

follows: 

(1) (Here insert description of action taken such as: Adoption Ordinance No. ; Issued Building Permit; Approved preliminary (or final) 

plat, etc.) 

(2) _______________ (Here insert brief description 

of the complete project or proposal.) . 

(3) Said action pertained to property commonly 

known as: 

(Sufficient description to locate property, but complete 

legal description not required) 

(4) Pertinent documents may be examined during 

regular business hours at the office of: located at: 

(Location, including room number) 

lCb. 43.21C RCW-p 51 
43.2lC.080 State Environmental Policy 

(Name of government agency, proponent, or applicant 

giving notice) . Filed by _ 

(Signature of individual and capacity in which such 

individual is signing) 

[1977 ex.s. c 278 § 1; 1974 e;l{.s. c 179 § 2; 1973 1st ex.s. 

cI79§2.] 

Purpose--1974 ex.s. c 179: "The purpose of this 1974 amendatory act is to establish methods and means of providing for full implementation of chapter 43.21C RCW (the state environmental policy act 

of 1971) in a manner which reduces duplicative and wasteful practices, 

establishes effective and uniform procedures, encourages public involvement, and promotes certainty with respect to the requirements of 

the act." [1974 ex.s. c 179 § 1.] 

Effective date--1973 1st ex.s. c 179: "This act is necessary for the 

immediate preservation of the public peace, health, and safety, the 

support of the state government and its existing public institutions and 

shall take effect on July 1, 1973: Provided, however, That prior 

thereto, the department of ecology may take such actions, including 

the issuing of notices and the conduct of public hearing, as are necessary to insure the implementation of section 1 of this act." [1973 1st 

ex.s. c 179 § 4.] 

RCW 43.2lC.087 List of filings required by RCW 

43.2lC.080. The department of ecology shall prepare a 

list of all filings required by RCW 43.21C.080 each 

week and shall make such list available to any interested 

party. The list of filings shall include a brief description 

of the governmental action and the project involved in 

such action, along with the location of where information on the project or action may be obtained. Failure of 

the department to include any project or action shall not 

affect the running of the statute of limitations provided 

in RCW 43.21C.080. [1974 ex.s. c 179 § 14.] 

Purpose--1974 ex.s. c 179: See note following RCW 43.21C.080. 

RCW 43.2lC.090 Decision of governmental agency 

to be accorded substantial weight. In any action involving 

an attack on a determination by a governmental agency 

relative to the requirement or the absence of the requirement, or the adequacy of a "detailed statement", 

the decision of the governmental agency shall be accorded substantial weight. [1973 1st ex.s. c 179 § 3.] 

Effective date--1973 1st ex.s. c 179: See note following RCW 

43.21C.080. 

RCW 43.2lC.095 State environmental policy act 

rules to be accorded substantial deference. The rules 

promulgated under RCW 43.21C.11 0 shall be accorded 

substantial deference in the interpretation of this chapter. [1983 c 117 § 5.] 

RCW 43.21C.ll0 Content of state environmental 

policy act rules. It shall be the duty and function of the 

department of ecology, which may utilize proposed rules 

developed by the environmental policy commission: . 

(1) To adopt and amend thereafter rules of interpretation and implementation of this chapter (the state environmental policy act of 1971), subject to the 

requirements of chapter 34.04 RCW, for the purpose of 

providing uniform rules and guidelines to all branches of 

government including state agencies, political subdiviThe proposed rules shall be subject to full public hearings requirements associated with rule promulgation. 

Suggestions for modifications of the proposed rules shall 

be considered on their merits, and the department shall 

have the authority and responsibility for full and appropriate independent promulgation and adoption of rules, 

assuring consistency with this chapter as amended and 

with the preservation of protections afforded by this 

chapter. The rule making powers authorized in this section shall include, but shall not be limited to; the following phases of interpretation and implementation of this 

chapter (the state environmental policy act of 1971): 

(a) Categories of governmental actions which are not 

to be considered as potential major actions significantly 

affecting the quality of the environment, including categories pertaining to applications for water right permits 

pursuant to chapters 90.03 and 90.44 RCW. The types 

of actions included as categorical exemptions in the rules 

shall be limited to those types which are not major actions significantly affecting the quality of the environment. The rules shall provide for certain circumstances 

where actions which potentially are categorically exempt 

require environmental review. 

(b) Rules for criteria and procedures applicable to the 

determination of when an act of a branch of government 

is a major action significantly affecting the quality of 

the environment for which a detailed statement is required to be prepared pursuant to RCW 43.21C.030. 

(c) Rules and procedures applicable to the preparation 

of detailed statements and other environmental documents, including but not limited to rules for timing of 

environmental review, obtaining comments, data and 

other information, and providing for and determining 

areas of public participation which shall include the 

scope and review of draft environmental impact 

statements. 

(d) Scope of coverage and contents of detailed statements assuring that such statements are simple, uniform, 

and as short as practicable; statements are required to 

analyze only reasonable alternatives and probable adverse environmental impacts which are significant, and 

may analyze beneficial impacts. 

(e) Rules and procedures for public notification of actions taken and documents prepared. 

(f) Definition of terms relevant to the implementation 

of this chapter including the establishment of a list of 

eiements of the environment. Analysis of environmental 

considerations under RCW 43.21C.030(2) may be required only for those subjects listed as elements of the 

environment (or portions thereof). The list of elements 

of the environment shall consist of the "natural" and 

"built" environment. The elements of the built environ­

. ment shall consist of public services and utilities (such as 

water, sewer, schools, fire and police protection), transportation, environmental health (such as explosive materials and toxic waste), and land and shoreline use 

(including housing, and a description of the relationships 

with land use and shoreline plans and designations, including population). 

o
 

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sions, public and municipal corporations, and counties.
 

[Ch. 43.21C RCW-p 6) (1983 Laws)
 
State Environmental Policy 43.21C.135 

(g) Rules for determining the obligations and powers (3) All public and municipal corporations, political 

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I. 

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under this chapter of two or more branches of government involved in the same project significantly affecting 

the quality of the environment. 

(h) Methods to assure adequate public awareness of 

the preparation and issuance of detailed statements required by RCW 43.21C.030(2)(c). 

(i) To prepare rules for projects setting forth the time 

limits within which the governmental entity responsible 

for the action shall comply with the provisions of this 

chapter. 

U) Rules for utilization of a detailed statement for 

more than one action and rules improving environmental 

analysis of nonproject proposals and encouraging better 

interagency coordination and integration between this 

chapter and other environmental laws. 

(k) Rules relating to actions which shall be exempt 

from the provisions of this chapter in situations of 

emergency. 

(I) Rules· relating to the use of environmental documents in planning and decisionmaking and the implementation of the substantive policies and requirements 

of this chapter, including procedures for appeals under 

this chapter. 

(2) In exercising its powers, functions, and duties under this section, the department may: 

(a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation organizations, state and local governments and 

other groups, as it deems advisable; and 

(b) Utilize, to the fullest extent possible, the services, 

facilities, and information (including statistical information) of public and private agencies, organizations, and 

individuals, in order to avoid duplication of effort and 

expense, overlap, or conflict with similar activities authorized by law and performed by established agencies. 

(3) Rules adopted pursuant to this section shall be 

subject to the review procedures of RCW 34.04.070 and 

34.04.080. [1983 c 117 § 7; 1974 ex.s. c 179 § 6.] 

Purpose-1974 ex.s. c 179: See note following RCW 43.21C.080. 

RCW 43.21C.120 Rules, ordinances, resolutions and 

regulations--Adoption--Effective dates. ( 1) All 

agencies of government of this state are directed, consistent with rules and guidelines adopted under RCW 43­

.21 C.11 0, including any revisions, to adopt rules 

pertaining to the integration of the policies and procedures of this chapter (the state environmental policy act 

of 1971), into the various programs under their jurisdiction for implementation. Designation of polices under 

RCW 43.21C.060 and adoption of rules required under 

this section shall take place not later than one hundred 

eighty days after the effective date of rules and guidelines adopted pursuant to RCW 43.21C.110, or after the 

establishment of an agency, whichever shall occur later. 

(2) Rules adopted by state agencies under subsection 

(1) of this section shall be adopted in accordance with 

the provisions of chapter 34.04 RCW and shall be subject to the review procedures of RCW 34.04.070 and 

34.04.080. 

subdivisions, and counties of this state are directed, consistent with rules and guidelines adopted under RCW 

43.21 C.11 0, including any revisions, to adopt rules, 

ordinances, or resolutions pertaining to the integration of 

the policies and procedures of this chapter (the state environmental policy act of 1971), into the various programs under their jurisdiction for implementation. 

Designation of policies under RCW 43.21 C.060 and 

adoption of the rules required under this section shall 

take place not later than one hundred eighty days after 

the effective date of rules and guidelines adopted pursuant to RCW 43.21C.I10, or after the establishment of 

the governmental entity, whichever shall occur later. 

(4) Ordinances or regulations adopted prior to the effective date of rules and guidelines adopted pursuant to 

RCW 43.21C.110 shall continue to be effective until the 

adoptions of any new or revised ordinances or regulations which may be required: Provided, That revisions 

required by this section as a result of rule changes under 

RCW 43.21 C.11 0 are made within the time limits specified by this section. [I983 c 117 § 8; 1974 ex.s. c 179 § 

8.] 

Purpose-1974 ex.s. c 179: See note following RCW 43.21C.080. 

RCW 43.21C.130 Model ordinances. The department of ecology, in consultation with concerned state 

agencies, shall with the assistance of the associations of 

county prosecutors and city attorneys, the association of 

county elected officials, the Washington state association 

of counties, and the association of cities, draft model 

ordinances for use by counties, cities and towns in drafting their ordinances under this chapter. [1974 ex.s. c 179 

§ 10.] 

Purpose-1974 ex.s. c 179: See note following RCW 43.21C.080. 

RCW 43.21C.135 Authority of local governmental 

units to adopt rules, guidelines and model ordinances by 

reference. (1) All public and municipal corporations, political subdivisions, and counties of the state are authorized to adopt rules, ordinances, and resolutions which 

incorporate any of the following by reference to the appropriate sections of the Washington Administrative 

Code: 

(a) Rules and guidelines adopted under RCW 

43.21C.110(1) in accordance with the administrative 

procedure act, chapter 34.04 RCW; 

(b) Model ordinances adopted by the department of 

ecology under RCW 43.21C.130 in accordance with the 

administrative procedure act, chapter 34.04 RCW. 

(2) If any rule, ordinance, or resolution is adopted by 

reference pursuant to subsection (1) of this section, any 

publication of such rule, ordinance, or resolution shall be 

accompanied by a summary of the contents of the sections of the Washington Administrative Code referred 

to. Such summaries shall be provided to the adopting 

units of local government by the department of ecology: 

Provided, That any proposal for a rule, ordinance or 

resolution which would adopt by reference rules and 

guidelines or model ordinances pursuant to this section 

(1983 Laws) [Cb. 43.21C RCW-p 7] 
I 

43.21C.135 State Environmental Policy 

shall be accompanied by the full text of the material to 

be adopted which need not be published but shall be 

maintained on file for public use and examination. 

(3) Whenever any rule, ordinance, or resolution is 

adopted by reference pursuant to subsection (1) of this 

section, the corporation, political subdivision, or county 

of the state adopting the rule, ordinance, or resolution 

shall maintain on file for public use and examination not 

less than three copies of the sections of the Washington 

Administrative Code referred to. [1975-'76 2nd ex.s. c 

99 § 1.] 

RCW 43.21C.150 RCW 43.21C.030(2)(c) inapplicable when statement previously prepared pursuant to national environmental policy act. The requirements of 

RCW 43.21C.030(2)(c) pertaining to the preparation of 

a detailed statement by branches of government shall 

not apply when an adequate detailed statement has been 

previously prepared pursuant to the national environmental policy act of 1969, in which event said prepared 

statement may be utilized in lieu of a separately prepared statement under RCW 43.21C.030(2)(c). [1975 

1st ex.s. c 206 § 1; 1974 ex.s. c 179 § 12.] 

Purpose--1974 ex.s. c 179: See note following RCW 43.21C.080. 

RCW 43.21C.160 Utilization of statement prepared 

under RCW 43.21C.030 to implement chapter 90.62 

RCW--Utilization of chapter 90.62 RCW procedures 

to satisfy RCW 43.21C.030(2)(c). In the implementation 

of chapter 90.62 RCW (the Environmental Coordination 

Procedures Act of 1973), the department of ecology, 

consistent with guidelines adopted by the council shall 

adopt rules which insure that one detailed statement 

prepared under RCW 43.21 C.030 may be utilized by all 

branches of government participating in the processing 

of a master application. Whenever the procedures established pursuant to chapter 90.62 RCW are used, those 

procedures shall be utilized wherever possible to satisfy 

the procedural requirements of RCW 43.21C.030(2)(c). 

The time limits for challenges provided for in RCW 

43.21 C.080(2) shall be applicable when such procedures 

are so utilized. [1974 ex.s. c 179 § 13.] 

Purpose--1974 ex.s. c 179: See note following RCW 43.21C.080. 

RCW 43.21C.165 Challenges to consistency of rules 

adopted pursuant to RCW 43.21C.IIO and 43.21C­

.160--Procedure-Finality. See RCW 43.21B.250. 

RCW 43.21C.170 Council on environmental policy. 

The legislature may establish a council on environmental 

policy to review and assist in the implementation of this 

chapter. [1983 c 117 § 6; 1974 ex.s. c 179 § 4. Formerly 

RCW 43.21C.IOO.] 

RCW 43.21C.175 Council on environmental policy--Personnel. The council may employ such personnel as are necessary for the performances of its duties. 

[1974 ex.s. c 179 § 5. Formerly RCW 43.21C.I05.] 

RCW 43.21C.210 Certain actions during state of 

emergency exempt from chapter. This chapter does not 

[Ch. 43.21C RCW-p 8] 

apply to actions authorized by RCW 43.37.215 and 43­

.37.220 which are undertaken during a state of emergency declared by the governor under RCW 43.06.210. 

[1981 c278 § 4.] o 

RCW 43.21C.220 Incorporation of city or town exempt from chapter. The incorporation of a city or town is 

exempted from compliance with this ch-apter. [1982 c 

220 § 6.] il 

Severability-1982 c 220: See note following RCW 36.93.100. 

Incorporation proceedings exempt from chapter: RCW 36.93.170. 

RCW 43.21C.230 Development and adoption of plan 

under chapter 43.180 RCW exempt from chapter. This 

chapter 

the plan 

does 

required 

not apply 

to be 

to the 

developed 

development 

a'nd adopted 

or adoption 

under 

of !

'I, 

chapter 43.180 RCW. [1983 c 161 § 29.] I 

I 

Severability-Effective dates-1983 c 161: See RCW 

43.180.903 and 43.180.904. 

RCW 43.21C.300 Workshops--Handbook. The 

department of ecology shall conduct annual state-wide 

workshops and publish an annual state environmental 

policy act handbook or supplement to assist persons in 

complying with the provisions of this chapter and the 

implementing rules. The workshops and handbook shall 

include, but not be limited to, measures to assist in 

preparation, processing, and review of environmental 

documents, relevant court decisions affecting this chapter or rules adopted under this chapter, legislative 

changes to this chapter, administrative changes to the 

rules, and any other information which will assist in or­ o 

derly implementation of this chapter and rules. 

The department shall develop the handbook and conduct the workshops in cooperation with, but not limited 

to, state agencies, the association of Washington cities, 

the Washington association of counties, educational institutions, and other groups or associations interested in il the state environmental policy act. [1983 c 117 § 9.] 

I RCW 43.21C.500 Exemption from this chapter of 

emergency recovery operations from Mt. St. Helens I 

I eruption authorized--Expiration of section. Emergency recovery operations from the Mt. St. Helens 

eruption authorized by RCW 36.01.150, 43.01.200, and 

43.01.210 may be exempted by the applicable county 

legislative authority from the requirements of the State 

Environmental Policy Act of 1971, chapter 43.21 C 

RCW, for operations within such county: Provided, That 

the applicable legislative authority shall promptly notify 

the department of ecology within five days of the emergency action taken and the emergent nature of the 

problem. The notification shall be made to the water resources regional supervisor of the southwest region of 

the department of ecology. 

This section shall expire on June 30, 1988. [1983 1st 

ex.s. c 1 § 4; 1982 c 7 § 5.] 

Severability-1983 1st ex.s. c 1: See note following RCW 

43.01.200. 

Severability-1982 c 7: See note following RCW 36.01.150.· o

(1983 Laws) 

II
 

I 
State Environmental Policy 43.21C.914 

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RCW 43.21C.900 Short title. This chapter shall be 

known and may be cited as the "State Environmental 

Policy Act of 1971 ". [1971 ex.s. c 109 § 7.] 

RCW 43.21C.910 Severability--1974 ex.s. c 179. 

If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, 

the remainder of the act, or the application of the provision to other persons or circumstances is not affected. 

[1974 ex.s. c 179 § 16.] 

RCW 43.21C.911 Section headings not part of 

law--1983 c 117. Section headings as used in this act 

do not constitute any part of the law. [1983 c 117 § 14.] 

RCW 43.21C.912 Applicability--1983 c 117. 

*Sections 3 and 4 of this act apply to agency decisions 

and to appeal proceedings prospectively only and not retrospectively. **Sections 1, 5, 6, 7, and 8 of this act may 

be applied by agencies retrospectively. [1983 c 117 § 

15.] 

Reviser's note: *(1) "Sections 3 and 4 of this act" consist of the 1983 

c 117 amendment to RCW 43.21 C.060 and the enactment of RCW 

43.21C.075, respectively. 

**(2) "Sections 1,5,6,7, and 8 of this act" consist of the enactment 

of RCW 43.21C.031 and 43.21C.095 and the 1983 c 117 amendments 

to RCW 43.2IC.IOO, 43.2IC.IIO, and 43.2IC.l20, respectively. 

RCW 43.21C.913 Severability--1983 c 117. If 

any provision of this act or its application to any person 

or circumstance is held invalid, the remainder of the act 

or the application of the provision to other persons or 

circumstances is not affected. [1983 c 117 § 16.] 

RCW 43.21C.914 Effective dates--1983 c 117. 

*(1) Sections 1, 2, and 4 through 16 of this act are necessary for the immediate preservation of the public 

peace, health, and safety, the support of the state government and its existing public institutions, and shall 

take effect immediately. 

**(2) Section 3 of this act shall take effect one hundred eighty days after the remainder of this act goes into 

effect under subsection (1) of this section. [1983 c 117 § 

17.] 

Reviser's note: *(1) "Sections I, 2, and 4 through 16 of this act" 

consist of the enactment of RCW 43.2IC.031, 43.21C.075, 43.2IC­

.095, 43.21C.300, 43.21C.911, 43.2IC.912, and 43.2IC.913; the 1983 

c 117 amendments to RCW 43.2IC.037, 43.21C.100, 43.2IC.llO, and 

43.21C.120; the repeal of RCW 43.2IC.032, 43.2IC.085, and 43.2IC­

.140; the decodification of RCW 43.2IC.070, 43.2IC.200, 43.2IC.202, 

and 43.2IC.204; and the recodification of RCW 43.21C.100 and 43­

.21C.105 as RCW 43.21C.170 and 43.2IC.175, respectively. The effective date of these sections is April 23, 1983. 

U(2) "Section 3 of this act" consists of the 1983 c 117 amendment 

to RCW 43.21C.060. The effective date of this section is October 20, 

1983. 

(1983 Laws) [Cb. 43.21C RCW-p 9J 

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