# • Chapter 43.21C RCW STATE ENVIRONMENTALPOLICY

Sections 43.21C.010 Purposes. 43.21C.020 Legislativerecognitions--Declaration-­ Responsibility. 43.21C.030 Guidelines for stateagencies, local governments-­ Statements--Reports--Advice--Information. 43.21C.031 Significantimpacts. 

# i. 43.2IC.035 Certain irrigation projectsdecisions exempt from RCW 43.21C.030(2)(c). 43.21C.037 Application ofRCW43.2IC.030(2)(c) to forest 

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I 43.21C.038 practices. Application ofRCW43.2IC.030(2)(c) to school
I closures. 43.21C.040 Examination oflaws, regulations, policies by stateagencies and local authorities--Reportofdeficiencies and corrective measures. 43.2IC.050 Specific statutoryobligations not affected. 43.21C.060 Chaptersupplementary--Conditioningordenial of governmental action. 43.21C.075 Appeals. 43.2IC.080 Noticeofaction by governmental agency--Howpublicized--Form--Timelimitation for commencing. challenge to action. 43.21C.087 Listoffilings required by RCW 43.21C.080. 43.21C.090 Decision ofgovernmental agency to be accorded sub­ 

# • 43.21C.095

43.2IC.IIO 43.21C.120

43.21C.130 stantialweight. Stateenvironmental policy act rules to be accorded substantialdeference

. Contentofstateenvironmental policy actrules. Rules, ordinances, resolutions and regulations-­

. Adoption--Effectivedates. Model ordinances. 43.21C.135 Authorityoflocal 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 pursuantto national environmental policy act. 43.21C.160 Utilization ofstatement prepared under RCW 43.21C­ .030 to implement chapter 90.62 RCW--Utilization ofchapter90.62 RCWprocedures to satisfy RCW 43.21C.030(2)(c). 43.21C.165 Challenges to consistency ofrules adopted pursuant to RCW 43.21C.110 and 43.2IC.16o-Procedure-­ Finality. 43.21C.170 Council on environmental policy. 43.21C.175 Council on environmental policy--Personnel. 43.21C.210 Certain actions during stateofemergency exempt from chapter. 43.21C.220 Incorporation ofcityor town exempt from chapter. 43.21C.230 Developmentand adoption ofplan under chapter43.180 RCW exempt from chapter; 43.21C.300 Workshops--Handbook. 43.2IC.500 Exemption from this chapterofemergency recovery operations from Mt. St. Helens eruption authorized-­ Expiration ofsection. 43.21C.900 Shorttitle. 43.21C.910 Severability--1974ex.s. c 179. 43.2IC.911 Section headings not partoflaw--1983c 117. 43.21C.912 Applicability--1983c 117. 43.2IC.913 Severability--1983c 117. 

# • 43.21C.914 Effectivedates--1983 c 117.



### RCW 43.2IC.OIO Purposes. The purposes of this chapter are: 

### (1) Todeclare a state policy which will encourageproductive andenjoyable harmonybetween man prevent or eliminate damage to the environment and biosphere; (3) and stimulate the health and welfare of
man; and (4) to enrich theunderstanding ofthe 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-densityurbanization, industrial expansion, resource utilization and exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmentalquality to theoverall welfare anddevelopment of
man, declares that it is thecontinuing policy ofthe state of Washington, in cooperation with federal and local governments, and otherconcerned public and privateorganizations, 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 ofthe state of Washington and all agencies ofthe stateto 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 citizensmay: (a) Fulfill the responsibilities of each generation as trusteeofthe environment for succeeding generations; (b) Assure for all people ofWashington 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 ofour national heritage; (e) Maintain, wherever possible, an environment which supportsdiversity andvariety ofindividual choice; (f) Achieve a balance between population and resourceuse whichwill permithigh standardsofliving and

a wide sharing oflife's amenities; and and his environment; (2) to promote efforts which will

(1983 Laws) lCh. 43.21C RCW-p

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### 43.21C.020 StateEnvironmental Policy

(g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletableresources. (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 Guidelinesfor stateagencies, 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 publiccorporations, and counties shall: (a) Utilize a systematic, interdisciplinary approach which will insure the integrated use ofthe natural and social sciences and the environmental design arts in planning and in decision making which may have an impacton 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 appropriateconsideration in decision making along with economic and technicalconsiderations; (c) Include in every recommendation or report on proposals for legislation and other major actions significantly affecting the quality of the environment, a detailed statementby theresponsible official on: (i) the environmental impactofthe proposed action; (ii) any adverse environmental effects which cannot be avoided should theproposal be implemented; (iii) alternatives to theproposed action; (iv) the relationship between local short-term uses of man's environment and the maintenance and enhancementoflong-term productivity; and (v) any irreversible and irretrievable commitments of

resources whichwould beinvolved in theproposed 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
commentsandviews oftheappropriatefederal, province, state, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the governor, the department ofecology, the ecological commission, and thepublic, 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 maximizeinternational cooperation in anticipating and preventing a decline in thequalityofmankind'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

orthe preparationofanenvironmental impact statement under this chapter. An environmental impact statement is required to analyze only those probableadverse environmental impacts 

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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 environmental impact statement. Discussions of significant 

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short-term and long-term environmental impacts, sig­ 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 exemptfrom 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 orprivate 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 ruleoftheforest practicesboard which involves unresolved conflicts concerning alterna­ under RCW 76.09.050, are not subject to the requiretive uses ofavailable resources; ments of RCW 43.21C.030(2)(c) as now or hereafter 

# o ([) Recognize the world-wide and long-range charac­ amended.

ter of environmental problems and, where consistent

lCb. 43.21C RCW-p21 (1983 Laws)

### StateEnvironmental Policy 43.21C.075

(2) When the applicablecounty,city, or town requires 

### RCW 43.21C.050 Specific statutory obligations not 

# • a license in connectionwith anyproposal 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 ofthe 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 RCW43.21C.030(2)(c).



# • (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 ordisapproved by the department within thirty calendar days from the date the department receives the application, unless the department determines that a detailed statement must bemade, in which casetheapplicationmustbe approved

ordisapproved by thedepartmentwithin 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 theland on which forest practiceswill 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 ofa 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 ofdirectors. [1983 c 109 § 1.]



### RCW 43.21C.040 Examination of laws, regulations, policies by state agencies and local authorities--Reportofdeficienciesand correctivemeasures. 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 ofdetermining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions ofthis chapter 

### affected. Nothing in RCW 43.21C.030 or 43.21C.040 shall in any way affect the specific statutoryobligations ofanyagency (1) to complywithcriteriaorstandardsof 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 certificationofanyotherpublicagency. [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 supplementaryto those set forth in existing authorizations ofall 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 theappropriate 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 ofauthority pursuant to this chapter. Such designation shall occur at the time specified by RCW 43­ .21C.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 ofbeing 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, notrequiring a legislative decision, is conditioned or denied by a nonelected official ofa local governmental agency, the decision shall beappealabletothelegislative authorityofthe acting local governmental agency unless that legislative authorityformally 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 ofthis chapter. The State Environmen­ 

# • and shall propose to thegovernor not laterthanJanuary tal Policy Act is not intended to createa causeofaction 1, 1972, such measures as may be necessary to bring unrelated toa 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. 43.21CRCW-p31

### 43.21C.075 StateEnvironmental Policy

(a) Appeals under this chapter shall be ofthe 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 statestatutory requirements for appeals to local legislative bodies. The appeal proceeding on a determination of significance/nonsignificance may occur before theagency's final decision on a proposed action. Suchan 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.060orother applicable statestatutes; (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 adequaterecord consists offindings andconclusions, testimony under oath, and taped or written transcript. An electronically recorded transcript will suffice for purposes ofreview under this paragraph; and (d) Shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight. (4) 

### Ifa person aggrieved by an agency action has the right tojudicial.appeal and if an agency has an appeal procedure, such person shall, prior to seeking anyjudicial review, use such procedure ifany such procedure is available, unless expressly provided otherwise by state statute. (5) RCW 43.21C.080 establishes an optional "notice of action" procedure which,.ifused, imposes a time period for appealing decisions under this chapter. Some
statutes and ordinances contain time periods for challenginggovernmental actions which aresubjecttoreview under this chapter, such as various local land use approvals (the "underlying governmental actionIf). 

### This section does not modify any such time periods. This section governs when ajudicial appeal mustbe 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 ajudicial appeal only. 

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(a) Ifthere is a time period for appealing the underlying governmental action, appeals under this chapter shall be commencedwithinthirtydays. Theagency shall give official notice stating the date and place for commencing an appeal. Ifthereis an agency proceeding under subsection (3) of this section, the appellant shall, prior to commencing ajudicial appeal, submit to the responsible official a notice ofintent to commence ajudicial appeal. This notice of intent shall be given within the time period for commencing ajudicial 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) ofthis subsection shall apply. (c) Notwithstanding RCW 43.21C.080(1), ifthere is

a timeperiod for appealingtheunderlying governmental action, a notice of action may be published within such time period.

. (6)(a) Judicial review ofan appeal decision made by

an agency under RCW 43.21C.075(5) shall be on the record, consistentwith otherapplicable law. (b) A taped or written transcript may be used. Ifa taped transcript is to be reviewed, a record shall identify the location on the taped transcript oftestimony and evidence to be reviewed. Parties are'encouraged to desig­ 

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nate only those portions of the testimony necessary to present the issues raised on review, butifa partyalleges 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 ofthe taped transcript relating to'issues raised on review. A party may provide a written transcript ofportions ofthetestimony atthe party'sown expense or apply to thatcourt for an order requiring the partyseeking review to payfor additionalportionsofthe written transcript. (c) Judicial review under this chapter shall without exception be ofthegovernmental action together with its accompanying environmentaldeterminations. (7) Jurisdiction over the review ofdeterminations 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 hearingsboard and saidcertifiedfinal ordermayonlybe

appealed to an appellatecourt. (8) For purposes of this section and RCW 43.21C­ .080, the words "action", "decision", and "determination" mean substantive agency action including any accompanying procedural determinations under this 

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lCb. 43.21C RCW-p4J (1983 Laws)

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• StateEnvironmental 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. Theword "determination" includes any environmentaldocument required by this chapterand state

orlocalimplementingrules. Theword "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 ofup to one thousand dollars in the aggregateto theprevailing party,includinga governmental agency, on issues arising out ofthis chapter ifthe court makes specific findings that the legal position ofa 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, theapplicantfor, ortheproponentofsuch action, in substantially theform as set forth in subsection (3) ofthis section and in thefollowing 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 ofthe action is located; (b) By filing notice of such action with the department of ecology at its main office in Olympia prior to thedateofthelast newspaper publication; and (c) Except for those actions which areofa nonproject nature, by one ofthe 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 therecords ofthecountytreasurer,who share a common boundary line with the property upon which the project is proposed through United States mail, first class, postageprepaid. (ii) Posting ofthe notice in a conspicuous manner on thepropertyupon which theprojectis to beconstructed. (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 ofnoncompliance with the provisions of this chapter shall be commenced within thirty days from the date oflast newspaper publication ofthe notice pursuant to subsection (1) of this section, or be barred: 

### Provided, however, That the time period within which anaction shallbe commenced shall be ninetydays (i) for projects to be performed by a governmental
agency or to be performed under government contract,

or (ii) for thermal power plant projects: 

### Providedfurther, That any subsequent governmental action on the proposal for which notice has been given as provided in subsection (1) ofthis 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, orunless the action now being considered was identified in an earlier detailed statement or declaration ofnonsignificance as being one which would require further environmental evaluation. (b) Anyaction
to challenge a subsequent governmental action based
upon any provisions ofthis chapter shall be commenced within thirty days from the date oflast newspaper publication ofthesubsequentgovernmental actionexcept (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 oflast newspaper publication of the subsequent governmental action,

orbebarred. (3) The form for such notice ofaction 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: NOTICEOFACTION BY

(Governmentagency orentity)

Pursuant to the provisions of chapter 43.21C RCW, notice is hereby given that: The (Governmentagencyorentity) did on (date), take the action described below. Any action to set aside, enjoin, review, or otherwise challenge such action on the grounds ofnoncompliance with the provisions ofchapter 43.21C RCW (State En-· vironmental Policy Act) shall be commenced within

_____ days orbe barred.

The action taken by (Government
agencyorentity), noticeofwhich is herebygiven, 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 ofthecompleteprojectorproposal.)

. (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. 43.21CRCW-p

### 51

### 43.2lC.080 StateEnvironmental Policy

(Nameofgovernment 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; 1974e;l{.s. c 179 §2; 1973 1stex.s. cI79§2.]

Purpose--1974 ex.s. c 179: "The purpose of this 1974 amendatory act is to establish methods and means ofproviding for full implementationofchapter43.21C RCW (thestateenvironmental policy act of 1971) in a mannerwhich reducesduplicativeandwastefulpractices, establishes effective and uniform procedures, encourages public involvement, and promotescertainty with respect to the requirements of the act." [1974 ex.s. c 179 § 1.]

Effectivedate--1973 1stex.s. c 179: "This actis necessaryfor the immediate preservation of the public peace, health, and safety, the supportofthe stategovernment 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 ofnotices and the conduct ofpublic 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 offilings shall include a briefdescription of the governmental action and the project involved in such action, along with the location of where information on theproject or action may be obtained. Failureof thedepartmentto include any project or action shall not affect the running ofthe statute oflimitations provided in RCW43.21C.080. [1974 ex.s. c 179 § 14.]

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



### RCW 43.2lC.090 Decision of governmental agency tobe accorded substantialweight. 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 1stex.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.110 shall be accorded substantial deference in the interpretation ofthis chapter. [1983 c 117 § 5.]



### RCW 43.21C.ll0 Content of state environmental policy actrules. Itshall be the duty and function ofthe departmentofecology, which may utilize proposed rules developed by the environmental policy commission:

. (1) To adopt and amend thereafter rules ofinterpretation and implementation ofthis chapter (the state environmental policy act of 1971), subject to the requirements ofchapter 34.04 RCW, for the purpose of providing uniform rules andguidelines to all branchesof government including state agencies, political subdiviThe proposed rules shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications oftheproposed 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; thefollowing phases of interpretation and implementation of this chapter (the stateenvironmentalpolicy act of 1971): (a) Categories ofgovernmental actions which are not to be considered as potential major actions significantly affecting the quality ofthe environment, including categories pertaining to applications for water right permits pursuant to chapters 90.03 and 90.44 RCW. The types ofactionsincluded as categorical exemptions in therules 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 arecategoricallyexempt require environmentalreview. (b) Rules for criteria and procedures applicableto the determinationofwhen an actofa branch ofgovernment is a major action significantly affecting the quality of the environment for which a detailed statement is required to be prepared pursuantto RCW43.21C.030. (c) Rules andproceduresapplicableto thepreparation 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 ofdetailed statements assuring that such statementsaresimple,uniform, and as short as practicable; statements are required to analyze only reasonable alternatives and probable adverse environmental impacts which are significant, and may analyzebeneficial impacts. (e) Rules and procedures for public notification ofactions taken and documents prepared. (f) Definition ofterms relevant to the implementation of this chapter including the establishment of a list of eiements ofthe environment. Analysis ofenvironmental 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 ofthe built environ­

. mentshall consistofpublic servicesand 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, anda description oftherelationships with land use and shoreline plans and designations, including population). 

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sions, public and municipal corporations, and counties.

[Ch. 43.21C RCW-p6) (1983 Laws)

### StateEnvironmental Policy 43.21C.135

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

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# • under this chapter of two or more branches of government involved in the same project significantly affecting the quality oftheenvironment. (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 preparerules for projects setting forth thetime 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 thanone action and rules improving environmental analysis ofnonproject proposals and encouraging better interagency coordination and integration between this chapterandother 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, thedepartment may: (a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation organizations, state and local governments and othergroups, as itdeems 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 ofRCW 34.04.070 and 34.04.080. [1983 c 117 

### § 7; 1974 ex.s. c 179 

### § 6.]

Purpose-1974ex.s. c 179: Seenote following RCW43.21C.080.



### RCW 43.21C.120 Rules, ordinances, resolutions and regulations--Adoption--Effective dates. (1) All agencies ofgovernment ofthis state aredirected, consistent with rules and guidelines adopted under RCW 43­ .21C.110, including any revisions, to adopt rules pertaining to the integration of the policies and procedures ofthis chapter (the state environmental policy act of 1971), into the various programs under theirjurisdiction 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 pursuantto RCW43.21C.110, or afterthe establishmentofan 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 ofchapter 34.04 RCW and shall be subject to the review procedures of RCW 34.04.070 and 34.04.080. subdivisions, and counties ofthis state are directed, consistent with rules and guidelines adopted under RCW 43.21C.110, including any revisions, to adopt rules, ordinances,orresolutions pertainingtotheintegrationof the policies and procedures ofthis chapter (the state environmental policy act of 1971), into the various programs under their jurisdiction for implementation. Designation of policies under RCW 43.21C.060 and adoption of the rules required under this section shall take place not later than one hundred eighty days after the effective date ofrules 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 ofrules and guidelines adopted pursuant to RCW 43.21C.110 shall continueto 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 ofrulechanges under RCW 43.21C.110 are made within the time limits specified by this section. [I983 c 117 § 8; 1974 ex.s. c 179 § 8.]

Purpose-1974ex.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 ofthe associations of county prosecutors and city attorneys, the association of countyelected officials, theWashington stateassociation of counties, and the association of cities, draft model ordinances for use by counties, cities and towns in draftingtheirordinances underthischapter. [1974ex.s. c 179 § 10.]

Purpose-1974ex.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 ofthe state are authorized to adopt rules, ordinances, and resolutions which incorporate any ofthe 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) 

### Ifany rule, ordinance, or resolution is adopted by reference pursuant to subsection (1) ofthis section, any publicationofsuchrule, 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 oflocal government by the department ofecology: 

### 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 StateEnvironmental Policy

shall be accompanied by the full text ofthe 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 shallmaintain on file for public use and examination not less than three copies ofthe sections ofthe 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 adequatedetailed 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--1974ex.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 ofchapter90.62 RCW (theEnvironmental 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 43.21C.030 may be utilized by all branches of government participating in the processing ofa 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 ofRCW 43.21C.030(2)(c). The time limits for challenges provided for in RCW 43.21C.080(2) shall be applicable when such procedures

are so utilized. [1974 ex.s. c 179 

### § 13.]

Purpose--1974ex.s. c 179: See note following RCW43.21C.080.



### RCW 43.21C.165 Challenges to consistency ofrules adopted pursuant to RCW 43.21C.IIO and 43.21C­ .160--Procedure-Finality.SeeRCW 43.21B.250.



### RCW 43.21C.170 Council on environmental policy. Thelegislature may establish a council on environmental policy to review and assist in the implementation ofthis 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. Thecouncil 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-p8] 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 exemptfrom chapter.Theincorporationofa cityortown is exempted from compliance with this ch-apter. [1982 c 220 

### § 6.] 

# il

Severability-1982c 220: Seenote following RCW 36.93.100. Incorporation proceedingsexemptfrom chapter: RCW 36.93.170.



### RCW 43.21C.230 Development and adoption ofplan under chapter 43.180 RCW exempt from chapter. This chapterdoes not apply tothedevelopment or adoption of 

# !

the plan required to be developed a'nd adopted under '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 ofthis chapterand 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 stateenvironmental 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 ofthe State Environmental Policy Act of 1971, chapter 43.21C RCW, for operations within such county: 

### Provided, That the applicable legislative authority shall promptly notify the department ofecology within five days ofthe emergency action taken and the emergent nature of the problem. The notification shall be made to thewater resources regional supervisor of the southwest region of the departmentofecology. 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. 

# o

Severability-1982c7: See note following RCW 36.01.150.·

(1983 Laws)


# II

I

### StateEnvironmental Policy 43.21C.914 

# •

•

I.

I

# I

I I 

## I

# • RCW 43.21C.900 Short title. This chapter shall be known and may be cited as the "State Environmental Policy Actof 1971". [1971 ex.s. c 109 § 7.]



### RCW 43.21C.910 Severability--1974 ex.s. c 179. Ifany provision ofthis 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder ofthe act, or the application ofthe 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--1983c 117. Section headings as used in this act do not constitute any part ofthe law. [1983 c 117 § 14.]



### RCW 43.21C.912 Applicability--1983 c 117. *Sections 3 and 4 ofthis act apply to agency decisions and to appeal proceedings prospectively only and not retrospectively. **Sections 1, 5, 6, 7, and 8ofthis actmay be applied by agencies retrospectively. [1983 c 117 

### § 15.]

Reviser's note: *(1) "Sections 3and4ofthis act" consistofthe 1983

c 117 amendment to RCW 43.21C.060 and the enactment of RCW 43.21C.075, respectively.

**(2) "Sections 1,5,6,7,and 8ofthis act" consist oftheenactment ofRCW 43.21C.031 and 43.21C.095 and the 1983 c 117 amendments
to RCW43.2IC.IOO, 43.2IC.IIO, and43.2IC.l20, respectively.



### RCW 43.21C.913 Severability--1983 c 117. If
any provision ofthis act or its application to any person

or circumstance is held invalid, the remainder ofthe 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 ofthis 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 takeeffect immediately. **(2) Section 3 ofthis act shall take effect one hundredeightydays aftertheremainderofthis actgoes into effectunder subsection (1) ofthis 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 amendmentsto RCW43.2IC.037, 43.21C.100, 43.2IC.llO, and 43.21C.120; therepeal ofRCW 43.2IC.032,43.2IC.085, and43.2IC­ .140; thedecodification ofRCW 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 dateofthese sections is April 23, 1983.

U(2) "Section 3 ofthis act" consists ofthe 1983 c 117 amendment
to RCW 43.21C.060. The effective date ofthis section is October 20, 1983.

(1983 Laws) [Cb. 43.21CRCW-p9J I