reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.320 - Stays of orders.

RCW 43.21B.320
Stays of orders.
(1) A person appealing to the hearings board an order, not stayed by the issuing agency, may obtain a stay of the effectiveness of that order only as set forth in this section.
(2) An appealing party may request a stay by including such a request in the appeal document, in a subsequent motion, or by such other means as the rules of the hearings board shall prescribe. The request must be accompanied by a statement of grounds for the stay and evidence setting forth the factual basis upon which request is based. The hearings board shall hear the request for a stay as soon as possible. The hearing on the request for stay may be consolidated with the hearing on the merits.
(3) The applicant may make a prima facie case for stay if the applicant demonstrates either a likelihood of success on the merits of the appeal or irreparable harm. Upon such a showing, the hearings board shall grant the stay unless the issuing agency demonstrates either (a) a substantial probability of success on the merits or (b) likelihood of success on the merits and an overriding public interest which justifies denial of the stay.
(4) Unless otherwise stipulated by the parties, the hearings board, after granting or denying an application for a stay, shall expedite the hearing and decision on the merits.
(5) Any party or other person aggrieved by the grant or denial of a stay by the hearings board may petition the superior court for Thurston county for review of that decision pursuant to chapter 34.05 RCW pending the appeal on the merits before the board. The superior court shall expedite its review of the decision of the hearings board.
[ 2010 c 210 § 14; 1987 c 109 § 7.]
NOTES:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.330 - Summary procedures.

RCW 43.21B.330
Summary procedures.
The hearings board shall develop procedures for summary procedures, consistent with the rules of civil procedure for superior court on summary judgment, to decide cases before it. Such procedures may include provisions for determinations without an oral hearing or hearing by telephonic means.
[ 1987 c 109 § 8.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.900 - Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.

RCW 43.21B.900
Savings—Other powers and duties not affected—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.
See notes following RCW 43.21A.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.010 - Purposes.

RCW 43.21C.010
Purposes.
The purposes of this chapter are: (1) To declare a state policy which will encourage productive and enjoyable harmony between humankind and the environment; (2) to promote efforts which will prevent or eliminate damage to the environment and biosphere; (3) and [to] stimulate the health and welfare of human beings; and (4) to enrich the understanding of the ecological systems and natural resources important to the state and nation.
[ 2009 c 549 § 5095; 1971 ex.s. c 109 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.020 - Legislative recognitions—Declaration—Responsibility.

RCW 43.21C.020
Legislative recognitions—Declaration—Responsibility.
(1) The legislature, recognizing that a human being depends on biological and physical surroundings for food, shelter, and other needs, and for cultural enrichment as well; and recognizing further the profound impact of a human being'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 human beings, 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) create and maintain conditions under which human beings and nature can exist in productive harmony; and (c) fulfill the social, 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 aesthetically 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
(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.
[ 2009 c 549 § 5096; 1971 ex.s. c 109 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.0301 - Decisions not subject to RCW 43.21C.030.

RCW 43.21C.0301
Decisions not subject to RCW 43.21C.030.
(1) Decisions made under RCW 36.70A.720 pertaining to work plans, as defined in RCW 36.70A.703, are not subject to the requirements of RCW 43.21C.030(2)(c).
(2) Decisions made by a county under RCW 36.70A.710 on whether to participate in the voluntary stewardship program established by RCW 36.70A.705 are not subject to the requirements of RCW 43.21C.030(2)(c).
[ 2011 c 360 § 19.]
NOTES:
Purpose—Intent—Conflict with federal requirements—2011 c 360: See RCW 36.70A.700 and 36.70A.904.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.031 - Significant impacts.

RCW 43.21C.031
Significant impacts.
(1) 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. The environmental impact statement may be combined with the recommendation or report on the proposal or issued as a separate document. The substantive decisions or recommendations shall be clearly identifiable in the combined document. Actions categorically exempt under RCW 43.21C.110(1)(a) and 43.21C.450 do not require environmental review or the preparation of an environmental impact statement under this chapter.
(2) An environmental impact statement is required to analyze only those probable adverse environmental impacts 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 short-term and long-term environmental impacts, significant 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.
[ 2012 1st sp.s. c 1 § 302; 1995 c 347 § 203; 1983 c 117 § 1.]
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.
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.0311 - Final environmental impact statements—Expeditious manner—Time limit—Reports.

RCW 43.21C.0311
Final environmental impact statements—Expeditious manner—Time limit—Reports.
(1) A lead agency shall aspire to prepare a final environmental impact statement required by RCW 43.21C.030(2) in as expeditious a manner as possible while not compromising the integrity of the analysis.
(a) For even the most complex government decisions associated with a broad scope of possible environmental impacts, a lead agency shall aspire to prepare a final environmental impact statement required by RCW 43.21C.030(2) within twenty-four months of a threshold determination of a probable significant, adverse environmental impact.
(b) Wherever possible, a lead agency shall aspire to far outpace the twenty-four month time limit established in this section for more commonplace government decisions associated with narrower and more easily identifiable environmental impacts.
(2) Beginning December 31, 2018, and every two years thereafter, the department of ecology must submit a report on the environmental impact statements produced by state agencies and local governments to the appropriate committees of the legislature. The report must include data on the average time, and document the range of time, it took to complete environmental impact statements within the previous two years.
(3) Nothing in this section creates any civil liability for a lead agency or creates a new cause of action against a lead agency.
[ 2017 c 289 § 2.]
NOTES:
Finding—Intent—2017 c 289: "The legislature finds that the analysis of environmental impacts required under the state environmental policy act adds value to government decision-making processes in Washington state and helps minimize the potential environmental harm coming from those government decisions. However, the legislature also recognizes that excessive delays in the environmental impact analysis process adds uncertainty and burdensome costs to those seeking to do business in the state of Washington. Therefore, it is the intent of the legislature to promote timely completion of state environmental policy act processes. In doing so, the legislature intends to restore balance between the need to carefully consider environmental impacts and the need to maintain the economic competitiveness of state businesses." [ 2017 c 289 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.033 - Threshold determination to be made within ninety days after application is complete.

RCW 43.21C.033
Threshold determination to be made within ninety days after application is complete.
(1) Except as provided in subsection (2) of this section, the responsible official shall make a threshold determination on a completed application within ninety days after the application and supporting documentation are complete. The applicant may request an additional thirty days for the threshold determination. The governmental entity responsible for making the threshold determination shall by rule, resolution, or ordinance adopt standards, consistent with rules adopted by the department to implement this chapter, for determining when an application and supporting documentation are complete.
(2) This section shall not apply to a city, town, or county that:
(a) By ordinance adopted prior to April 1, 1992, has adopted procedures to integrate permit and land use decisions with the requirements of this chapter; or
(b) Is planning under RCW 36.70A.040 and is subject to the requirements of *RCW 36.70B.090.
[ 1995 c 347 § 422; 1992 c 208 § 1.]
NOTES:
*Reviser's note: RCW 36.70B.090 expired June 30, 2000, pursuant to 1998 c 286 § 8.
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1992 c 208 § 1: "Section 1 of this act shall take effect September 1, 1992." [ 1992 c 208 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.034 - Use of existing documents.

RCW 43.21C.034
Use of existing documents.
Lead agencies are authorized to use in whole or in part existing environmental documents for new project or nonproject actions, if the documents adequately address environmental considerations set forth in RCW 43.21C.030. The prior proposal or action and the new proposal or action need not be identical, but must have similar elements that provide a basis for comparing their environmental consequences such as timing, types of impacts, alternatives, or geography. The lead agency shall independently review the content of the existing documents and determine that the information and analysis to be used is relevant and adequate. If necessary, the lead agency may require additional documentation to ensure that all environmental impacts have been adequately addressed.
[ 1993 c 23 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.035 - Certain irrigation projects decisions exempt from RCW 43.21C.030(2)(c).

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 amended, to be used for agricultural irrigation shall not be subject to the requirements of RCW 43.21C.030(2)(c), as now or hereafter amended.
[ 1974 ex.s. c 150 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.036 - Hazardous substance remedial actions—Procedural requirements and documents to be integrated.

RCW 43.21C.036
Hazardous substance remedial actions—Procedural requirements and documents to be integrated.
In conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or if conducted by the department of ecology, the department of ecology to the maximum extent practicable shall integrate the procedural requirements and documents of this chapter with the procedures and documents under chapter 70A.305 RCW. Such integration shall at a minimum include the public participation procedures of chapter 70A.305 RCW and the public notice and review requirements of this chapter.
[ 2020 c 20 § 1039; 1994 c 257 § 21.]
NOTES:
Severability—1994 c 257: See note following RCW 36.70A.270.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.037 - Application of RCW 43.21C.030(2)(c) to forest practices.

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 under RCW 76.09.050, are not subject to the requirements of RCW 43.21C.030(2)(c) as now or hereafter amended.
(2) When the applicable county, city, or town requires a license in connection with any proposal involving forest practices:
(a) On forestlands that are being converted to another use; or
(b) 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).
(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.
[ 2011 c 207 § 3; 1997 c 173 § 6; 1983 c 117 § 2; 1981 c 290 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.038 - Application of RCW 43.21C.030(2)(c) to school closures.

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.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.0381 - Application of RCW 43.21C.030(2)(c) to decisions pertaining to air operating permits.

RCW 43.21C.0381
Application of RCW 43.21C.030(2)(c) to decisions pertaining to air operating permits.
Decisions pertaining to the issuance, renewal, reopening, or revision of an air operating permit under RCW 70A.15.2260 are not subject to the requirements of RCW 43.21C.030(2)(c).
[ 2020 c 20 § 1040; 1995 c 172 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.0382 - Application of RCW 43.21C.030(2)(c) to watershed restoration projects—Fish habitat enhancement projects.

RCW 43.21C.0382
Application of RCW 43.21C.030(2)(c) to watershed restoration projects—Fish habitat enhancement projects.
(1) Decisions pertaining to watershed restoration projects as defined in RCW 89.08.460 are not subject to the requirements of RCW 43.21C.030(2)(c).
(2) Decisions pertaining to fish habitat enhancement projects meeting the criteria of RCW 77.55.181 and being reviewed and approved according to the provisions of RCW 77.55.181 are not subject to the requirements of RCW 43.21C.030(2)(c).
[ 2014 c 120 § 16; 2003 c 39 § 23; 1998 c 249 § 12; 1995 c 378 § 12.]
NOTES:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.0383 - Application of RCW 43.21C.030(2)(c) to waste discharge permits.

RCW 43.21C.0383
Application of RCW 43.21C.030(2)(c) to waste discharge permits.
The following waste discharge permit actions are not subject to the requirements of RCW 43.21C.030(2)(c):
(1) For existing discharges, the issuance, reissuance, or modification of a waste discharge permit that contains conditions no less stringent than federal effluent limitations and state rules;
(2) The issuance of a construction stormwater general permit under chapter 90.48 RCW for a proposal disturbing less than five acres. The exemption in this subsection does not apply if, under rules adopted by the department of ecology, the proposal would otherwise be subject to the requirements of RCW 43.21C.030(2)(c).
[ 2008 c 37 § 2; 1996 c 322 § 1.]
NOTES:
Intent—2008 c 37: "The legislature intends that the revised threshold adopted in 2005 for the department of ecology's construction stormwater general permit should not increase the scope of projects subject to state environmental policy act review. The department of ecology should pursue rule making to achieve the intent of this act." [ 2008 c 37 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.039 - Metals mining and milling operations—Environmental impact statements required.

RCW 43.21C.039
Metals mining and milling operations—Environmental impact statements required.
Notwithstanding any provision in RCW 43.21C.030 and 43.21C.031 to the contrary, an environmental impact statement shall be prepared for any proposed metals mining and milling operation as required by RCW 78.56.050.
[ 1994 c 232 § 25.]
NOTES:
Effective date—1994 c 232 §§ 1-5, 9-17, and 23-31: See RCW 78.56.901.
Disclosures required with SEPA checklist, metals mining and milling operations: RCW 78.56.040.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.040 - Examination of laws, regulations, policies by state agencies and local authorities—Report of deficiencies and corrective measures.

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 and shall propose to the governor not later than January 1, 1972, such measures as may be necessary to bring their authority and policies in conformity with the intent, purposes, and procedures set forth in this chapter.
[ 1971 ex.s. c 109 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.050 - Specific statutory obligations not affected.

RCW 43.21C.050
Specific statutory obligations not 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.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.060 - Chapter supplementary—Conditioning or denial of governmental action.

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 43.21C.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 decision maker. 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.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.065 - Impact fees and fees for system improvements.

RCW 43.21C.065
Impact fees and fees for system improvements.
A person required to pay an impact fee for system improvements pursuant to RCW 82.02.050 through 82.02.090 shall not be required to pay a fee pursuant to RCW 43.21C.060 for those same system improvements.
[ 1992 c 219 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.087 - List of filings required by RCW 43.21C.080.

RCW 43.21C.087
List of filings required by RCW 43.21C.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.]
NOTES:
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.090 - Decision of governmental agency to be accorded substantial weight.

RCW 43.21C.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.]
NOTES:
Effective date—1973 1st ex.s. c 179: See note following RCW 43.21C.080.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.095 - State environmental policy act rules to be accorded substantial deference.

RCW 43.21C.095
State environmental policy act rules to be accorded substantial deference.
The rules adopted under RCW 43.21C.110 shall be accorded substantial deference in the interpretation of this chapter.
[ 2012 1st sp.s. c 1 § 312; 1983 c 117 § 5.]
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.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.120 - Rules, ordinances, resolutions and regulations—Adoption—Effective dates.

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 43.21C.110, 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 [policies] 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 34.05 RCW and shall be subject to the review procedures of RCW * 34.05.538 and 34.05.240.
(3) All public and municipal corporations, political subdivisions, and counties of this state are directed, consistent with rules and guidelines adopted under RCW 43.21C.110, 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 43.21C.060 and adoption of the rules required under this section shall take place not later than one hundred eighty days after the effective date of rules and guidelines adopted pursuant to RCW 43.21C.110, 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 43.21C.110 are made within the time limits specified by this section.
[ 1983 c 117 § 8; 1974 ex.s. c 179 § 8.]
NOTES:
*Reviser's note: RCW 34.05.538 was repealed by 1989 c 175 § 185, effective July 1, 1989.
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.130 - Model ordinances.

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.]
NOTES:
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.135 - Authority of local governmental units to adopt rules, guidelines and model ordinances by reference.

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 34.05 RCW;
(b) Model ordinances adopted by the department of ecology under RCW 43.21C.130 in accordance with the administrative procedure act, chapter 34.05 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 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.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.150 - RCW 43.21C.030(2)(c) inapplicable when statement previously prepared pursuant to national environmental policy act.

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.]
NOTES:
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 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).

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 43.21C.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 43.21C.080(2) shall be applicable when such procedures are so utilized.
[ 1974 ex.s. c 179 § 13.]
NOTES:
*Reviser's note: Chapter 90.62 RCW was repealed by 1995 c 347 § 619.
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.170 - Council on environmental policy.

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.100.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.175 - Council on environmental policy—Personnel.

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.105.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.210 - Certain actions during state of emergency exempt from chapter.

RCW 43.21C.210
Certain actions during state of emergency exempt from chapter.
This chapter does not apply to actions authorized by RCW 70A.10.200 and 70A.10.210 which are undertaken during a state of emergency declared by the governor under RCW 43.06.210.
[ 2020 c 20 § 1041; 1981 c 278 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.220 - Incorporation of city or town exempt from chapter.

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 chapter.
[ 1982 c 220 § 6.]
NOTES:
Severability—1982 c 220: See note following RCW 36.93.100.
Incorporation proceedings exempt from chapter: RCW 36.93.170.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.222 - Annexation by city or town exempt from chapter.

RCW 43.21C.222
Annexation by city or town exempt from chapter.
Annexation of territory by a city or town is exempted from compliance with this chapter.
[ 1994 c 216 § 19.]
NOTES:
Effective date—1994 c 216: See note following RCW 35.02.015.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.225 - Consolidation and annexation of cities and towns exempt from chapter.

RCW 43.21C.225
Consolidation and annexation of cities and towns exempt from chapter.
Consolidations of cities or towns, and the annexations of all of a city or town by another city or town, are exempted from compliance with this chapter.
[ 1985 c 281 § 29.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.227 - Disincorporation of a city or town or reduction of city or town limits exempt from chapter.

RCW 43.21C.227
Disincorporation of a city or town or reduction of city or town limits exempt from chapter.
(1) The disincorporation of a city or town is exempt from compliance with this chapter.
(2) The reduction of city or town limits is exempt from compliance with this chapter.
[ 2002 c 93 § 2.]
NOTES:
Intent—2002 c 93: "Incorporations and annexations are exempt from the state environmental policy act. However, there are no comparable exemptions for reductions of city limits or disincorporations. It is the legislature's intent to provide that a reduction in city limits or disincorporation is not subject to the state environmental policy act." [ 2002 c 93 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.230 - Development and adoption of plan under chapter 43.180 RCW exempt from chapter.

RCW 43.21C.230
Development and adoption of plan under chapter 43.180 RCW exempt from chapter.
This chapter does not apply to the development or adoption of the plan required to be developed and adopted under chapter 43.180 RCW.
[ 1983 c 161 § 29.]
NOTES:
Effective dates—1983 c 161: See RCW 43.180.904.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.250 - Forest practices board—Emergency rules—Exempt from chapter.

RCW 43.21C.250
Forest practices board—Emergency rules—Exempt from chapter.
The duration and process for adopting emergency rules by the forest practices board pertaining to forest practices and the protection of aquatic resources as provided in RCW 76.09.055 are exempt from the procedural requirements of this chapter.
[ 1999 sp.s. c 4 § 203.]
NOTES:
Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: See note following RCW 76.09.055.
Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.260 - Certain actions not subject to RCW 43.21C.030(2)(c)—Threshold determination on a watershed analysis.

RCW 43.21C.260
Certain actions not subject to RCW 43.21C.030(2)(c)—Threshold determination on a watershed analysis.
(1) Decisions pertaining to the following kinds of actions under chapter 4, Laws of 1999 sp. sess. are not subject to any procedural requirements implementing RCW 43.21C.030(2)(c): (a) Approval of forest road maintenance and abandonment plans under chapter 76.09 RCW and *RCW 77.55.100; (b) approval by the department of natural resources of future timber harvest schedules involving east-side clear cuts under rules implementing chapter 76.09 RCW; (c) acquisitions of forestlands in stream channel migration zones under RCW 76.09.040; and (d) acquisitions of conservation easements pertaining to forestlands in riparian zones under RCW 76.13.120.
(2) For purposes of the department's threshold determination on a watershed analysis, the department shall not make a determination of significance unless the prescriptions themselves, compared to rules or prescriptions in place prior to the analysis, will cause probable significant adverse impact on elements of the environment other than those addressed in the watershed analysis process. Nothing in this subsection shall be construed to effect the outcome of pending litigation regarding the department's authority in making a threshold determination on a watershed analysis.
[ 2003 c 39 § 24; 1999 sp.s. c 4 § 1201.]
NOTES:
*Reviser's note: RCW 77.55.100 was repealed by 2005 c 146 § 1006.
Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.300 - Workshops—Handbook.

RCW 43.21C.300
Workshops—Handbook.
The department of ecology shall conduct annual statewide 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 orderly 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 the state environmental policy act.
[ 1983 c 117 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.400 - Unfinished nuclear power projects—Council action exempt from this chapter.

RCW 43.21C.400
Unfinished nuclear power projects—Council action exempt from this chapter.
Council actions pursuant to the transfer of the site or portions of the site under RCW 80.50.300 are exempt from the provisions of this chapter.
[ 1996 c 4 § 4.]
NOTES:
Energy facility site evaluation council: RCW 80.50.030.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21C - State Environmental Policy. › 43.21C.408 - Lead agency use of nonproject environmental impact statement for electrical transmission facility.

RCW 43.21C.408
Lead agency use of nonproject environmental impact statement for electrical transmission facility.
(1) A lead agency conducting a project-level environmental review under this chapter of an electrical transmission facility with a nominal voltage of 230kV or greater must consider a nonproject environmental impact statement completed pursuant to RCW 43.21C.405 in order to identify and mitigate project-level probable significant adverse environmental impacts.
(2)(a) Project-level environmental review conducted pursuant to this chapter of an electrical transmission facility with a nominal voltage of 230kV or greater must begin with the review of the applicable nonproject environmental impact statement completed pursuant to RCW 43.21C.405. The review must address any probable significant adverse environmental impacts associated with the proposal that were not analyzed in the nonproject environmental impact statements pursuant to RCW 43.21C.405. The review must identify any mitigation measures specific to the project for probable significant adverse environmental impacts.
(b) Lead agencies reviewing site-specific project proposals for electrical transmission facilities with a nominal voltage of 230kV or greater shall use the nonproject review described in RCW 43.21C.405 through one of the following methods and in accordance with WAC 197-11-600, as it existed as of January 1, 2023:
(i) Use of the nonproject review unchanged, in accordance with RCW 43.21C.034, if the project does not cause probable significant adverse environmental impact not identified in the nonproject review;
(ii) Preparation of an addendum;
(iii) Incorporation by reference; or
(iv) Preparation of a supplemental environmental impact statement.
(3) Proposals for electrical transmission facilities with a nominal voltage of 230kV or greater following the recommendations developed in the nonproject environmental review completed pursuant to RCW 43.21C.405 are considered to have mitigated the probable significant adverse project-specific environmental impacts under this chapter for which recommendations were specifically developed unless the project-specific environmental review identifies project-level probable significant adverse environmental impacts not addressed in the nonproject environmental review.
[ 2023 c 229 § 7.]
NOTES:
Finding—Intent—2023 c 229: See note following RCW 19.280.030.