reglab/housing_qa huggingface dataset:
WA Rev Code § 77.55.151 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.151 - Permit issued to a marina or marine terminal for regular maintenance activities.

RCW 77.55.151 Permit issued to a marina or marine terminal for regular maintenance activities.(1) Upon application under RCW 77.55.021, the department shall issue a renewable, five-year permit to a marina or marine terminal for its regular maintenance activities identified in the application.(2) For the purposes of this section, regular maintenance activities may include, but are not limited to:(a) Maintenance or repair of a boat ramp, launch, or float within the existing footprint;(b) Maintenance or repair of an existing overwater structure within the existing footprint;(c) Maintenance or repair of boat lifts or railway launches;(d) Maintenance or repair of pilings, including the replacement of bumper pilings;(e) Dredging of less than fifty cubic yards;(f) Maintenance or repair of shoreline armoring or bank protection;(g) Maintenance or repair of wetland, riparian, or estuarine habitat; and(h) Maintenance or repair of an existing outfall.(3) The five-year permit must include a requirement that a fourteen-day notice be given to the department before regular maintenance activities begin.(4) A permit under this section is subject to the application fee provided in *RCW 77.55.321.[ 2012 1st sp.s. c 1 § 105; 2005 c 146 § 502; 2002 c 368 § 7; 1996 c 192 § 2. Formerly RCW 77.55.220, 75.20.180.]NOTES:*Reviser's note: RCW 77.55.321 expired June 30, 2017.Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.Part headings not law—2005 c 146: See note following RCW 77.55.011.Finding—Intent—2002 c 368: See note following RCW 77.55.161.Finding—Intent—1996 c 192: "The legislature finds that initial construction of a marina and some maintenance activities change the natural flow or bed of the salt or freshwater body in which the marina is constructed. Because of this disturbance, it is appropriate that plans for initial marina construction as well as some maintenance activities undergo the hydraulic project review and approval process established in chapter 75.20 RCW.It is the intent of the legislature that after a marina has received a hydraulic project approval and been constructed, a renewable, five-year hydraulic project approval be issued, upon request, for regular maintenance activities within the marina." [ 1996 c 192 § 1.]
WA Rev Code § 77.55.171 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.171 - Watershed restoration projects—Permit processing.

RCW 77.55.171 Watershed restoration projects—Permit processing.A permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.[ 2005 c 146 § 504; 1995 c 378 § 14. Formerly RCW 77.55.210, 75.20.170.]NOTES:Part headings not law—2005 c 146: See note following RCW 77.55.011.
WA Rev Code § 77.55.191 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.191 - Columbia river anadromous fish sanctuary—Restrictions.

RCW 77.55.191 Columbia river anadromous fish sanctuary—Restrictions.(1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.(2) Within the sanctuary area:(a) The department shall not issue a permit to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the department.(b) A person shall not divert water from rivers and streams in quantities that will reduce the respective streamflow below the annual average low flow, based upon data published in United States geological survey reports.(3) The commission may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.(4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.[ 2005 c 146 § 506; 1998 c 190 § 89; 1995 1st sp.s. c 2 § 27 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 36; 1988 c 36 § 36; 1985 c 307 § 5; 1983 1st ex.s. c 46 § 76; 1961 c 4 § 1 (Initiative Measure No. 25, approved November 8, 1960). Formerly RCW 77.55.160, 75.20.110.]NOTES:Part headings not law—2005 c 146: See note following RCW 77.55.011.Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.Severability—1961 c 4: "If any section or provision or part thereof of this act shall be held unconstitutional or for any other reason invalid, the invalidity of such section, provision or part thereof shall not affect the validity of the remaining sections, provisions or parts thereof which are not judged to be invalid or unconstitutional." [ 1961 c 4 § 3 (Initiative Measure No. 25, approved November 8, 1960).]
WA Rev Code § 77.55.201 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.201 - Landscape management plan.

RCW 77.55.201 Landscape management plan.A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2) shall serve as a permit for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.[ 2005 c 146 § 507.]NOTES:Part headings not law—2005 c 146: See note following RCW 77.55.011.
WA Rev Code § 77.55.211 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.211 - Informational brochure.

RCW 77.55.211 Informational brochure.The department, the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best proceed through the various regulatory permitting processes.[ 2005 c 146 § 406; 1993 sp.s. c 2 § 28; 1991 c 322 § 21. Formerly RCW 77.55.010, 75.20.005.]NOTES:Part headings not law—2005 c 146: See note following RCW 77.55.011.Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.Findings—Intent—1991 c 322: See note following RCW 86.12.200.
WA Rev Code § 77.55.221 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.221 - Flood damage repair and reduction activities—Five-year maintenance permit agreements.

RCW 77.55.221 Flood damage repair and reduction activities—Five-year maintenance permit agreements.The department shall, at the request of a county, develop five-year maintenance permit agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sandbars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.[ 2005 c 146 § 508.]NOTES:Part headings not law—2005 c 146: See note following RCW 77.55.011.
WA Rev Code § 77.55.241 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.241 - Off-site mitigation.

RCW 77.55.241 Off-site mitigation.(1) The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost-effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locations that are off-site of the hydraulic project location. The department may approve off-site mitigation plans that are submitted by permit applicants.(2) If a permit applicant proposes off-site mitigation and the department does not approve the permit or conditions the permit in such a manner as to render off-site mitigation unpracticable, the project proponent may appeal the decision as provided in *RCW 77.55.021(4).[ 2010 c 210 § 30; 2005 c 146 § 602; 1996 c 276 § 1. Formerly RCW 77.55.230, 75.20.190.]NOTES:*Reviser's note: RCW 77.55.021 was amended by 2012 1st sp.s. c 1 § 102, changing subsection (4) to subsection (8).Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.Part headings not law—2005 c 146: See note following RCW 77.55.011.
WA Rev Code § 77.55.251 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.251 - Mitigation plan review.

RCW 77.55.251 Mitigation plan review.When reviewing a mitigation plan under RCW 77.55.021, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.[ 2005 c 146 § 603; 2000 c 107 § 15; 1997 c 424 § 6. Formerly RCW 77.55.090, 75.20.098.]NOTES:Part headings not law—2005 c 146: See note following RCW 77.55.011.
WA Rev Code § 77.55.261 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.261 - Placement of woody debris as condition of permit.

RCW 77.55.261 Placement of woody debris as condition of permit.Whenever the placement of woody debris is required as a condition of a permit issued under RCW 77.55.021, the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.[ 2005 c 146 § 604; 2000 c 107 § 17; 1993 sp.s. c 2 § 33; 1991 c 322 § 18. Formerly RCW 77.55.120, 75.20.104.]NOTES:Part headings not law—2005 c 146: See note following RCW 77.55.011.Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.Findings—Intent—1991 c 322: See note following RCW 86.12.200.
WA Rev Code § 77.55.271 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.271 - Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.

RCW 77.55.271 Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.The department shall not require mitigation for sediment dredging or capping actions that result in a cleaner aquatic environment and equal or better habitat functions and values, if the actions are taken under a state or federal cleanup action.This chapter shall not be construed to require habitat mitigation for navigation and maintenance dredging of existing channels and berthing areas.[ 1997 c 424 § 5. Formerly RCW 77.55.260, 75.20.325.]
WA Rev Code § 77.55.281 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.281 - Fishways on certain agricultural drainage facilities.

RCW 77.55.281 Fishways on certain agricultural drainage facilities.(1) The department may not require a fishway on a tide gate, flood gate, or other associated man-made agricultural drainage facilities as a condition of a permit if such a fishway was not originally installed as part of an agricultural drainage system existing on or before May 20, 2003.(2) Any condition requiring a self-regulating tide gate to achieve fish passage in an existing permit under this chapter may not be enforced.[ 2005 c 146 § 605.]NOTES:Part headings not law—2005 c 146: See note following RCW 77.55.011.
WA Rev Code § 77.55.331 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.331 - Hydraulic project approval account.

RCW 77.55.331 Hydraulic project approval account.(1) The hydraulic project approval account is created in the state treasury. All receipts from application fees for hydraulic project approval applications collected under *RCW 77.55.321 must be deposited into the account.(2) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the hydraulic project approval account may be spent only after appropriation.(3) Expenditures from the hydraulic project approval account may be used only to fund department activities relating to implementing and operating the hydraulic project approval program.[ 2012 1st sp.s. c 1 § 104.]NOTES:*Reviser's note: RCW 77.55.321 expired June 30, 2017.Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
WA Rev Code § 77.55.341 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.341 - Department to prepare and distribute information to the public.

RCW 77.55.341 Department to prepare and distribute information to the public.The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of this chapter, including the changes resulting from chapter 1, Laws of 2012 1st sp. sess.[ 2012 1st sp.s. c 1 § 107.]NOTES:Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
WA Rev Code § 77.55.351 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.351 - Department to develop system to provide access to hydraulic project approval applications.

RCW 77.55.351 Department to develop system to provide access to hydraulic project approval applications.The department shall develop a system to provide local governments, affected tribes, and other interested parties with access to hydraulic project approval applications.[ 2012 1st sp.s. c 1 § 108.]NOTES:Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
WA Rev Code § 77.55.361 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.361 - Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter 76.09 RCW.

RCW 77.55.361 Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter 76.09 RCW.(1) The requirements of this chapter do not apply to any forest practices hydraulic project, or to any activities that are associated with such a project, upon incorporation of fish protection standards adopted under this chapter into the forest practices rules and approval of technical guidance as required under RCW 76.09.040, at which time these projects are regulated under chapter 76.09 RCW.(2) The department must continue to conduct regulatory and enforcement activities under this chapter for forest practices hydraulic projects until the forest practices board incorporates fish protection standards adopted under this chapter into the forest practices rules and approves technical guidance as required under RCW 76.09.040.(3) By December 31, 2013, the department shall adopt rules establishing the procedures for the concurrence review process consistent with RCW 76.09.490. The concurrence review process must allow the department up to thirty days to review forest practices hydraulic projects meeting the criteria under RCW 76.09.490(2) (a) and (b) for consistency with fish protection standards.(4) The department shall notify the department of natural resources prior to beginning a rule-making process that may affect activities regulated under chapter 76.09 RCW.(5) The department shall act consistent with appendix M of the forest and fish report, as the term "forests and fish report" is defined in RCW 76.09.020, when modifying fish protection rules that may affect activities regulated under chapter 76.09 RCW.(6) The department may review and provide comments on any forest practices application. The department shall review, and either verify that the review has occurred or comment on, forest practices applications that include a forest practices hydraulic project involving fish bearing waters or shorelines of the state, as that term is defined in RCW 90.58.030. Prior to commenting and whenever reasonably practicable, the department shall communicate with the applicant regarding the substance of the project.(7) The department shall participate in effectiveness monitoring for forest practices hydraulic projects through its role in the review processes provided under WAC 222-08-160 as it existed on July 10, 2012.[ 2012 1st sp.s. c 1 § 201.]NOTES:Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
WA Rev Code § 77.55.371 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.371 - Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.

RCW 77.55.371 Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.(1) The department and the department of natural resources shall enter into and maintain a memorandum of agreement between the two agencies that describes how to implement integration of hydraulic project approvals into forest practices applications consistent with chapter 1, Laws of 2012 1st sp. sess.(2) The initial memorandum of agreement required under subsection (1) of this section between the two departments must be executed by December 31, 2012. The memorandum of agreement may be amended as agreed to by the two departments.(3) The department and the department of natural resources shall enter into and maintain an interagency contract to ensure implementation of chapter 1, Laws of 2012 1st sp. sess. and the memorandum of agreement between the two agencies required under subsection (1) of this section. The contract must include funding provisions for the department's review of forest practices hydraulic projects.[ 2012 1st sp.s. c 1 § 204.]NOTES:Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
WA Rev Code § 77.55.400 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.400 - Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.

RCW 77.55.400 Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.(1) A person proposing construction or other work landward of the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of state waters shall submit a permit application to the department. However, if a person is unsure about whether the work requires a permit, they may request a preapplication determination from the department. The department must evaluate the proposed work and determine if the work is a hydraulic project and, if so, whether a permit from the department is required to ensure adequate protection of fish life.(2) The preapplication determination request must be submitted through the department's online permitting system and must contain:(a) A description of the proposed project;(b) A map showing the location of the project site; and(c) Preliminary plans and specifications of the proposed construction or work, if available.(3) The department shall provide tribes and local governments a seven calendar day review and comment period. The department shall consider all applicable written comments received before issuing a determination.(4) The department shall issue a written determination, including the rationale for the decision, within twenty-one calendar days of receiving the request.(5) Determinations made according to the provisions of this section are not subject to the requirements of chapter 43.21C RCW.[ 2019 c 290 § 4.]NOTES:Finding—Intent—2019 c 290: See note following RCW 77.12.085.
WA Rev Code § 77.55.410 (2021)
2021 Revised Code of Washington|Title 77 - Fish and Wildlife|Chapter 77.55 - Construction Projects in State Waters.|77.55.410 - Violation of chapter.

RCW 77.55.410 Violation of chapter.(1) When the department determines that a violation of this chapter, or of any of the rules that implement this chapter, has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. The department shall offer information and technical assistance to the project proponent, identifying one or more means to accomplish the project proponent's purposes within the framework of the law. The department shall provide a reasonable timeline to achieve voluntary compliance that takes into consideration factors specific to the violation, such as the complexity of the hydraulic project, the actual or potential harm to fish life or fish habitat, and the environmental conditions at the time.(2) If a person violates this chapter, or any of the rules that implement this chapter, or deviates from a permit, the department may issue a notice of correction in accordance with chapter 43.05 RCW, a notice of violation in accordance with chapter 43.05 RCW, a stop work order, a notice to comply, or a notice of civil penalty as authorized by law and subject to chapter 43.05 RCW and RCW 34.05.110.(3) For purposes of this section, the term "project proponent" means a person who has applied for a hydraulic project approval, a person identified as an authorized agent on an application for a hydraulic project approval, a person who has obtained a hydraulic project approval, or a person who undertakes a hydraulic project without a hydraulic project approval.(4) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.[ 2019 c 290 § 5.]NOTES:Finding—Intent—2019 c 290: See note following RCW 77.12.085.