reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.110 - Election—How conducted.

RCW 89.08.110
Election—How conducted.
If the commission finds that the district is needed, it shall then determine whether it is practicable. To assist the commission in determining this question, it shall, within a reasonable time, submit the proposition to a vote of the district electors in the proposed district.
The commission shall fix the date of the election, designate the polling places, fix the hours for opening and closing the polls, and appoint the election officials. The election shall be conducted, the vote counted and returns canvassed and the results published by the commission.
[ 1999 c 305 § 3; 1973 1st ex.s. c 184 § 12; 1955 c 304 § 11. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.120 - Ballots.

RCW 89.08.120
Ballots.
The commission shall provide the ballots for the election which shall contain the words
"□ For creation of a conservation district of the lands below described and lying in the county or counties of . . . . . ., . . . . . . and . . . . . .," and
"□ Against creation of a conservation district of the lands below described and lying in the county or counties of . . . . . ., . . . . . . and . . . . . ."
The ballot shall set forth the boundaries of the proposed district, and contain a direction to insert an X in the square of the voter's choice.
[ 1973 1st ex.s. c 184 § 13; 1961 c 240 § 8; 1955 c 304 § 12. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.130 - Notice of election.

RCW 89.08.130
Notice of election.
The commission shall give due notice of the election, which shall state generally the purpose of the election, the date thereof, the place and hours of voting, and set forth the boundaries of the proposed district.
Only qualified district electors within the proposed district as determined by the commission may vote at the election. Each voter shall vote in the polling place nearest the voter's residence.
[ 1999 c 305 § 4; 1973 1st ex.s. c 184 § 14; 1955 c 304 § 13. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.140 - Expense of hearing and election.

RCW 89.08.140
Expense of hearing and election.
The commission shall bear all expense of giving the notices and conducting the hearings and election, and shall issue regulations governing all hearings and elections and supervise the conduct thereof. It shall provide for registration of eligible voters or prescribe the procedure to determine the eligible voters. No informality in connection with the election shall invalidate the results, if the notice thereof was substantially given, and the election fairly conducted.
[ 1973 1st ex.s. c 184 § 15; 1955 c 304 § 14. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.150 - Procedure after canvass.

RCW 89.08.150
Procedure after canvass.
If a majority of the votes cast at the election are against the creation of the district, the commission shall deny the petition. If a majority favor the district, the commission shall determine the practicability of the project.
In making such determination, the commission shall consider the attitude of the voters of the district; the number of eligible voters who voted at the election; the size of the majority vote; the wealth and income of the land occupiers; the probable expense of carrying out the project; and any other economic factors relevant thereto.
If the commission finds that the project is impracticable it shall enter an order to that effect and deny the petition. When the petition has been denied, no new petition covering the same or substantially the same area may be filed within six months therefrom.
[ 1999 c 305 § 5; 1973 1st ex.s. c 184 § 16; 1955 c 304 § 15. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.160 - Appointment of supervisors—Application to secretary of state.

RCW 89.08.160
Appointment of supervisors—Application to secretary of state.
If the commission finds the project practicable, it shall appoint two supervisors, one of whom shall be a landowner or operator of a farm, who shall be qualified by training and experience to perform the specialized skilled services required of them. They, with the three elected supervisors, two of whom shall be landowners or operators of a farm, shall constitute the governing board of the district.
The two appointed supervisors shall file with the secretary of state a sworn application, reciting that a petition was filed with the commission for the creation of the district; that all required proceedings were had thereon; that they were appointed by the commission as such supervisors; and that the application is being filed to complete the organization of the district. It shall contain the names and residences of the applicants, a certified copy of their appointments, the name of the district, the location of the office of the supervisors and the term of office of each applicant.
The application shall be accompanied by a statement of the commission, reciting that a petition was filed, notice issued, and hearing held thereon as required; that it determined the need for the district and defined the boundaries thereof; that notice was given and an election held on the question of creating the district; that a majority vote favored the district, and that the commission had determined the district practicable; and shall set forth the boundaries of the district.
[ 1973 1st ex.s. c 184 § 17; 1955 c 304 § 16. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.170 - Secretary of state's certificate—Change of name.

RCW 89.08.170
Secretary of state's certificate—Change of name.
If the secretary of state finds that the name of the proposed district is such as will not be confused with that of any other district, he or she shall enter the application and statement in his or her records. If he or she finds the name may be confusing, he or she shall certify that fact to the commission, which shall submit a new name free from such objections, and he or she shall enter the application and statement as modified, in his or her records. Thereupon the district shall be considered organized into a body corporate.
The secretary of state shall then issue to the supervisors a certificate of organization of the district under the seal of the state, and shall record the certificate in his or her office. Proof of the issuance of the certificate shall be evidence of the establishment of the district, and a certified copy of the certificate shall be admissible as evidence and shall be proof of the filing and contents thereof. The name of a conservation district may be changed upon recommendation by the supervisors of a district and approval by the state conservation commission and the secretary of state. The new name shall be recorded by the secretary of state following the same general procedure as for the previous name.
[ 2013 c 23 § 548; 1973 1st ex.s. c 184 § 18; 1961 c 240 § 9; 1955 c 304 § 17. Prior: 1951 c 216 § 1; 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.180 - Annexation of territory—Boundary change—Combining two or more districts.

RCW 89.08.180
Annexation of territory—Boundary change—Combining two or more districts.
Territory may be added to an existing district upon filing a petition as in the case of formation with the commission by twenty percent of the voters of the affected area to be included. The same procedure shall be followed as for the creation of the district.
As an alternate procedure, the commission may upon the petition of a majority of the voters in any one or more districts or in unorganized territory adjoining a conservation district change the boundaries of a district, or districts, if such action will promote the practical and feasible administration of such district or districts.
Upon petition of the boards of supervisors of two or more districts, the commission may approve the combining of all or parts of such districts and name the district, or districts, with the approval of the name by the secretary of state. A public hearing and/or a referendum may be held if deemed necessary or desirable by the commission in order to determine the wishes of the voters.
When districts are combined, the joint boards of supervisors will first select a chair, secretary, and other necessary officers and select a regular date for meetings. All elected supervisors will continue to serve as members of the board until the expiration of their current term of office, and/or until the election date nearest their expiration date. All appointed supervisors will continue to serve until the expiration of their current term of office, at which time the commission will make the necessary appointments. In the event that more than two districts are combined, a similar procedure will be set up and administered by the commission.
When districts are combined or territory is moved from one district to another, the property, records, and accounts of the districts involved shall be distributed to the remaining district or districts as approved by the commission. A new certificate of organization, naming and describing the new district or districts, shall be issued by the secretary of state.
[ 2013 c 23 § 549; 1999 c 305 § 6; 1973 1st ex.s. c 184 § 19; 1961 c 240 § 10; 1955 c 304 § 18. Prior: 1951 c 216 § 2; 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.185 - Petition to withdraw from district—Approval or rejection—Disputed petitions.

RCW 89.08.185
Petition to withdraw from district—Approval or rejection—Disputed petitions.
The local governing body of any city or incorporated town within an existing district may approve by majority vote a petition to withdraw from the district. The petition shall be submitted to the district for its approval. If approved by the district, the petition shall be sent to the commission. The commission shall approve the petition and forward it to the secretary of state and the boundary of the district shall be adjusted accordingly. If the petition is not approved by the district, the district shall adopt a resolution specifying the reasons why the petition is not approved. The petition and the district's resolution shall be sent to the commission for its review. The commission shall approve or reject the petition based upon criteria it has adopted for the evaluation of petitions in dispute. If the commission approves the petition, it shall forward the petition to the secretary of state and the boundaries of the district shall be adjusted accordingly. The criteria used by the commission to evaluate petitions which are in dispute shall be adopted as rules by the commission under chapter 34.05 RCW, the administrative procedure act.
[ 1999 c 305 § 7.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.190 - Nomination and election of supervisors—Annual meeting of voters.

RCW 89.08.190
Nomination and election of supervisors—Annual meeting of voters.
Within thirty days after the issuance of the certificate of organization, unless the time is extended by the commission, petitions shall be filed with the commission to nominate candidates for the three elected supervisors. The petition shall be signed by not less than twenty-five district electors, and a district elector may sign petitions nominating more than one person.
In the case of a new district, the commission shall give due notice to elect the three supervisors. All provisions pertaining to elections on the creation of a district shall govern this election so far as applicable. The names of all nominees shall appear on the ballot in alphabetical order, together with instructions to vote for three. The three candidates receiving the most votes shall be declared elected supervisors, the one receiving the most being elected for a three-year term, the next for two and the last for one year. An alternate method of dividing the district into three zones may be used when requested by the board of supervisors and approved by the commission. In such case, instructions will be to vote for one in each zone. The candidate receiving the most votes in a zone shall be declared elected.
Each year after the creation of the first board of supervisors, the board shall by resolution and by giving due notice, set a date during the first quarter of each calendar year at which time it shall conduct an election, except that for elections in 2002 only, the board shall set the date during the second quarter of the calendar year at which time it shall conduct an election. Names of candidates nominated by petition shall appear in alphabetical order on the ballots, together with an extra line wherein may be written in the name of any other candidate. The commission shall establish procedures for elections, canvass the returns and announce the official results thereof. Election results may be announced by polling officials at the close of the election subject to official canvass of ballots by the commission. Supervisors elected shall take office at the first board meeting following the election.
[ 2002 c 43 § 3; 1973 1st ex.s. c 184 § 20; 1967 c 217 § 2; 1961 c 240 § 11; 1955 c 304 § 19; 1939 c 187 § 6; RRS § 10726-6.]
NOTES:
Intent—Effective date—2002 c 43: See notes following RCW 29A.04.330.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.200 - Supervisors—Term, vacancies, removal, etc.—Compensation.

RCW 89.08.200
Supervisors—Term, vacancies, removal, etc.—Compensation.
The term of office of each supervisor shall be three years and until his or her successor is appointed or elected and qualified, except that the supervisors first appointed shall serve for one and two years respectively from the date of their appointments, as designated in their appointments.
In the case of elected supervisors, the term of office of each supervisor shall be three years and until his or her successor is elected and qualified, except that for the first election, the one receiving the largest number of votes shall be elected for three years; the next largest two years; and the third largest one year. Successors shall be elected for three-year terms.
Vacancies in the office of appointed supervisors shall be filled by the state conservation commission. Vacancies in the office of elected supervisors shall be filled by appointment made by the remaining supervisors for the unexpired term.
A majority of the supervisors shall constitute a quorum and the concurrence of a majority is required for any official action or determination.
Supervisors shall serve without compensation, but they shall be entitled to expenses, including traveling expenses, necessarily incurred in discharge of their duties. A supervisor may be removed by the state conservation commission upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.
The governing board shall designate a chair from time to time.
[ 2013 c 23 § 550; 1973 1st ex.s. c 184 § 21; 1961 c 240 § 12; 1955 c 304 § 21. Prior: 1949 c 106 § 2, part; 1939 c 187 § 7, part; Rem. Supp. 1949 § 10726-7, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.210 - Powers and duties of supervisors.

RCW 89.08.210
Powers and duties of supervisors.
The supervisors may employ a secretary, treasurer, technical experts, and such other officers, agents, and employees, permanent and temporary, as they may require, and determine their qualifications, duties, and compensation. It may call upon the attorney general for legal services, or may employ its own counsel and legal staff. The supervisors may delegate to their chair, to one or more supervisors, or to one or more agents or employees such powers and duties as it deems proper. The supervisors shall furnish to the commission, upon request, copies of such internal rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ, and such other information concerning their activities as the commission may require in the performance of its duties under chapter 184, Laws of 1973 1st ex. sess. The supervisors shall provide for the execution of surety bonds for officers and all employees who shall be entrusted with funds or property.
The supervisors shall provide for the keeping of a full and accurate record of all proceedings, resolutions, regulations, and orders issued or adopted. The supervisors shall provide for an annual audit of the accounts of receipts and disbursements in accordance with procedures prescribed by regulations of the commission.
The board may invite the legislative body of any municipality or county near or within the district, to designate a representative to advise and consult with it on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county. The governing body of a district shall appoint such advisory committees as may be needed to assure the availability of appropriate channels of communication to the board of supervisors, to persons affected by district operations, and to local, regional, state and interstate special-purpose districts and agencies responsible for community planning, zoning, or other resource development activities. The district shall keep such committees informed of its work, and such advisory committees shall submit recommendations from time to time to the board of supervisors.
[ 2013 c 23 § 551; 2000 c 45 § 1; 1973 1st ex.s. c 184 § 22; 1955 c 304 § 22. Prior: 1949 c 106 § 2, part; 1939 c 187 § 7, part; Rem. Supp. 1949 § 10726-7, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.215 - Treasurer—Powers and duties—Bond.

RCW 89.08.215
Treasurer—Powers and duties—Bond.
(1) The treasurer of the county in which a conservation district is located is ex officio treasurer of the district. However, the board of supervisors by resolution may designate some other person having experience in financial or fiscal matters as treasurer of the conservation district. The board of supervisors shall require a bond, with a surety company authorized to do business in the state of Washington, in an amount and under the terms and conditions which the board of supervisors by resolution from time to time finds will protect the district against loss. The premium on this bond shall be paid by the district.
(2) All district funds shall be paid to the treasurer and disbursed only on warrants issued by an auditor appointed by the board of supervisors, upon orders or vouchers approved by it. The treasurer shall establish a conservation district fund into which shall be paid all district funds. The treasurer shall maintain any special funds created by the board of supervisors for the placement of all money as the board of supervisors may, by resolution, direct.
(3) If the treasurer of the district is the treasurer of the county all district funds shall be deposited with the county depositaries under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the district is some other person, all funds shall be deposited in a bank or banks authorized to do business in this state as the board of supervisors, by resolution, designates.
(4) A district may provide and require a reasonable bond of any other person handling moneys or securities of the district, if the district pays the premium.
(5)(a) A district may disburse funds in payment of salaries, wages, and any other approved financial reimbursement to any employee or contractor of the district to any financial institution for either: (i) Credit to the employees' or contractors' accounts in such financial institution; or (ii) immediate transfer therefrom to the employees' or contractors' accounts in any other financial institutions.
(b) As used in this subsection (5), "financial institution" has the definition in RCW 41.04.240.
[ 2013 c 164 § 2; 2000 c 45 § 2.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.341 - Intergovernmental cooperation—Authority.

RCW 89.08.341
Intergovernmental cooperation—Authority.
Any agency of the government of this state and any local political subdivision of this state is hereby authorized to make such arrangements with any district, through contract, regulation or other appropriate means, wherever it believes that such arrangements will promote administrative efficiency or economy.
In connection with any such arrangements, any state or local agency or political subdivision of this state is authorized, within the limits of funds available to it, to contribute funds, equipment, property or services to any district; and to collaborate with a district in jointly planning, constructing, financing or operating any work or activity provided for in such arrangements and in the joint acquisition, maintenance and operation of equipment or facilities in connection therewith.
State agencies, the districts, and other local agencies are authorized to make available to each other maps, reports and data in their possession that are useful in the preparation of their respective programs and plans for resource conservation. The districts shall keep the state and local agencies fully informed concerning the status and progress of the preparation of their resource conservation programs and plans.
The state conservation commission and the counties of the state may provide respective conservation districts such administrative funds as will be necessary to carry out the purpose of chapter 184, Laws of 1973 1st ex. sess.
[ 1973 1st ex.s. c 184 § 24.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.350 - Petition to dissolve district—Election.

RCW 89.08.350
Petition to dissolve district—Election.
At any time after five years from the organization of a district, twenty percent of the voters in the district may file with the commission a petition, praying that the district be dissolved. The commission may hold public hearings thereon, and within sixty days from receipt of the petition, shall give due notice of an election on the question of dissolution. It shall provide appropriate ballots, conduct the election, canvass the returns, and declare the results in the same manner as for elections to create a district.
All district electors may vote at the election. No informality relating to the election shall invalidate it if notice is substantially given and the election is fairly conducted.
[ 1999 c 305 § 9; 1973 1st ex.s. c 184 § 25; 1955 c 304 § 25. Prior: 1939 c 187 § 15, part; RRS § 10726-15, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.360 - Result of election—Dissolution.

RCW 89.08.360
Result of election—Dissolution.
If a majority of the votes cast at the election are for dissolution, the district shall be dissolved.
[ 1999 c 305 § 10; 1973 1st ex.s. c 184 § 26; 1955 c 304 § 26. Prior: 1939 c 187 § 15, part; RRS § 10726-15, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.370 - Disposition of affairs upon dissolution.

RCW 89.08.370
Disposition of affairs upon dissolution.
If the district is ordered dissolved, the supervisors shall forthwith terminate the affairs of the district and dispose of all district property at public auction, and pay the proceeds therefrom to pay any debts of the district and any remaining balance to the state treasurer.
They shall then file a verified application with the secretary of state for the dissolution of the district, accompanied by a certificate of the commission reciting the determination that further operation of the district is impracticable. The application shall recite that the property of the district has been disposed of, that the proceeds therefrom have been used to pay any debts of the district and any remaining balance paid to the treasurer, and contain a full accounting of the property and proceeds. Thereupon the secretary shall issue to the supervisors a certificate of dissolution and file a copy thereof in his or her records.
[ 1999 c 305 § 11; 1973 1st ex.s. c 184 § 27; 1955 c 304 § 27. Prior: 1939 c 187 § 15, part; RRS § 10726-15, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.390 - Water rights preserved—1939 c 187.

RCW 89.08.390
Water rights preserved—1939 c 187.
Insofar as any of the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling: PROVIDED, HOWEVER, That none of the provisions of this chapter shall be construed so as to impair water rights appurtenant to lands within or without the boundaries of any district or districts organized hereunder.
[ 1939 c 187 § 17; RRS § 10726-17.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.391 - Water rights preserved—1973 1st ex.s. c 184.

RCW 89.08.391
Water rights preserved—1973 1st ex.s. c 184.
Insofar as any of the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling: PROVIDED, HOWEVER, That none of the provisions of this chapter shall be construed so as to impair water rights appurtenant to lands within or without the boundaries of any district or districts organized hereunder.
[ 1973 1st ex.s. c 184 § 30.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.410 - Grants to conservation districts—Rules—Report to the legislature.

RCW 89.08.410
Grants to conservation districts—Rules—Report to the legislature.
The state conservation commission may authorize grants to conservation districts from moneys appropriated to the commission for such purposes as provided in this section. Such grants shall be awarded annually on or before the last day of June of each year and shall be made only to those conservation districts that apply for the grants. The conservation commission may adopt rules pertaining to eligibility and distribution of these funds. The conservation commission shall submit a report on the distribution of these funds to the appropriate committees of the legislature by September 30, 2007.
[ 2005 c 31 § 1; 1989 c 18 § 2.]
NOTES:
Effective date—2005 c 31: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 13, 2005]." [ 2005 c 31 § 2.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.440 - Best management practices for fish and wildlife habitat, water quality, and water quantity property tax exemption—List—Forms—Certification of claims.

RCW 89.08.440
Best management practices for fish and wildlife habitat, water quality, and water quantity property tax exemption—List—Forms—Certification of claims.
(1) For the purpose of identifying property that may qualify for the exemption provided under RCW 84.36.255, each conservation district shall develop and maintain a list of best management practices that qualify for the exemption.
(2) Each conservation district shall ensure that the appropriate forms approved by the department of revenue are made available to property owners who may qualify for the exemption under RCW 84.36.255 and shall certify claims for exemption as provided in RCW 84.36.255(3).
[ 1997 c 295 § 3.]
NOTES:
Purpose—1997 c 295: See note following RCW 84.36.255.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.450 - Watershed restoration projects—Intent.

RCW 89.08.450
Watershed restoration projects—Intent.
The legislature declares that it is the goal of the state of Washington to preserve and restore the natural resources of the state and, in particular, fish and wildlife and their habitat. It is further the policy of the state insofar as possible to utilize the volunteer organizations who have demonstrated their commitment to these goals.
To this end, it is the intent of the legislature to minimize the expense and delays caused by unnecessary bureaucratic process in securing permits for projects that preserve or restore native fish and wildlife habitat.
[ 1995 c 378 § 1.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.460 - Watershed restoration projects—Definitions.

RCW 89.08.460
Watershed restoration projects—Definitions.
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout RCW 89.08.450 through 89.08.510.
(1) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, the department of transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district, that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed, and for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant, adverse environmental impact, a detailed statement under RCW 43.21C.031 must be prepared on the plan.
(2) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:
(a) A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;
(b) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
(c) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure other than a bridge or culvert or instream habitat enhancement structure associated with the project is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream.
[ 1995 c 378 § 2.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.470 - Watershed restoration projects—Consolidated permit application process—Fish habitat enhancement project.

RCW 89.08.470
Watershed restoration projects—Consolidated permit application process—Fish habitat enhancement project.
(1) By January 1, 1996, the Washington conservation commission shall develop, in consultation with other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project developed by an agency or sponsored by an agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form for use by all responsible state and local agencies. The commission shall encourage use of the consolidated permit application process by any federal agency responsible for issuance of related permits. The permit application forms to be consolidated shall include, at a minimum, applications for: (a) Approvals related to water quality standards under chapter 90.48 RCW; (b) hydraulic project approvals under chapter 77.55 RCW; and (c) section 401 water quality certifications under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW.
(2) If a watershed restoration project is also a fish habitat enhancement project that meets the criteria of *RCW 77.55.290(1), the project sponsor shall instead follow the permit review and approval process established in *RCW 77.55.290 with regard to state and local government permitting requirements. The sponsor shall so notify state and local permitting authorities.
[ 2003 c 39 § 47; 1998 c 249 § 13; 1995 c 378 § 3.]
NOTES:
*Reviser's note: RCW 77.55.290 was recodified as RCW 77.55.181 pursuant to 2005 c 146 § 1001.
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.480 - Watershed restoration projects—Designated recipients of project applications—Notice to commission.

RCW 89.08.480
Watershed restoration projects—Designated recipients of project applications—Notice to commission.
Each agency of the state and unit of local government that claims jurisdiction or the right to require permits, other approvals, or fees as a condition of allowing a watershed restoration project to proceed shall designate an office or official as a designated recipient of project applications and shall inform the conservation commission of the designation.
[ 1995 c 378 § 4.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.490 - Watershed restoration projects—Acceptance of applications—Permit decisions.

RCW 89.08.490
Watershed restoration projects—Acceptance of applications—Permit decisions.
All agencies of the state and local governments shall accept the single application developed under RCW 89.08.470. Unless the procedures under RCW 89.08.500 are invoked, the application shall be processed without charge and permit decisions shall be issued within forty-five days of receipt of a complete application.
[ 1995 c 378 § 5.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.500 - Watershed restoration projects—Appointment of project facilitator by permit assistance center—Coordinated process for permit decisions.

RCW 89.08.500
Watershed restoration projects—Appointment of project facilitator by *permit assistance center—Coordinated process for permit decisions.
The applicant or any state agency, tribe, or local government with permit processing responsibility may request that the *permit assistance center created by chapter 347, Laws of 1995 appoint a project facilitator to develop in consultation with the applicant and permit agencies a coordinated process for permit decisions on the application. The process may incorporate procedures for coordinating state permits under chapter 347, Laws of 1995. The *center shall adopt a target of completing permit decisions within forty-five days of receipt of a complete application.
If **House Bill No. 1724 is not enacted by June 30, 1995, this section shall be null and void.
[ 1995 c 378 § 6.]
NOTES:
Reviser's note: *(1) The permit assistance center and its powers and duties were terminated effective June 30, 1999, pursuant to 1995 c 347 § 617.
**(2) House Bill No. 1724 [1995 c 347] was enacted.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.510 - Watershed restoration projects—General permits—Cooperative permitting agreements.

RCW 89.08.510
Watershed restoration projects—General permits—Cooperative permitting agreements.
State agencies, tribes, and local governments responsible for permits or other approvals of watershed restoration projects as defined in RCW 89.08.460 may develop general permits or permits by rule to address some or all projects required by an approved watershed restoration plan, or for types of watershed restoration projects. Nothing in chapter 378, Laws of 1995 precludes local governments, state agencies, and tribes from working out other cooperative permitting agreements outside the procedures of chapter 378, Laws of 1995.
[ 1995 c 378 § 7.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.520 - Water quality and habitat protection grant programs—Development of outcome-focused performance measures.

RCW 89.08.520
Water quality and habitat protection grant programs—Development of outcome-focused performance measures.
(1) In administering grant programs to improve water quality and protect habitat, the commission shall:
(a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications;
(b) In its grant prioritization and selection process, consider:
(i) The statement of environmental benefits;
(ii) Whether, except as conditioned by RCW 89.08.580, the applicant is a Puget Sound partner, as defined in RCW 90.71.010, and except as otherwise provided in RCW 89.08.590, and effective one calendar year following the development and statewide availability of urban forestry management plans and ordinances under RCW 76.15.090, whether the applicant is an entity that has been recognized, and what gradation of recognition was received, in the evergreen community designation program created in RCW 76.15.090; and
(iii) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310; and
(c) Not provide funding, after January 1, 2010, for projects designed to address the restoration of Puget Sound that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
(2)(a) The commission shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program.
(b) The commission shall work with the districts to develop uniform performance measures across participating districts and, to the extent possible, the commission should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The commission shall consult with affected interest groups in implementing this section.
[ 2021 c 209 § 15; 2008 c 299 § 27; 2007 c 341 § 28; 2001 c 227 § 3.]
NOTES:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.
Effective date—2007 c 341: See RCW 90.71.907.
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.530 - Agricultural conservation easements program.

RCW 89.08.530
Agricultural conservation easements program.
(1) The agricultural conservation easements program is created. The state conservation commission shall manage the program and adopt rules as necessary to implement the legislature's intent.
(2) The commission shall report to the legislature on an ongoing basis regarding potential funding sources for the purchase of agricultural conservation easements under the program and recommend changes to existing funding authorized by the legislature.
(3) All funding for the program shall be deposited into the agricultural conservation easements account created in RCW 89.08.540. Expenditures from the account shall be made to local governments and private nonprofits on a match or no match required basis at the discretion of the commission. Moneys in the account may be used to purchase easements in perpetuity or to purchase or lease easements for a fixed term.
(4) Easements purchased with money from the agricultural conservation easements account run with the land.
[ 2007 c 352 § 4; 2002 c 280 § 2.]
NOTES:
Intent—2002 c 280: "Among the rising costs that are increasingly driving Washington farmers out of business is the cost of land. Many of our oldest, well-established farms, often on the fringes of established communities, are under growing pressure to be sold for uses other than agriculture. In the face of these rising land costs, new farmers are finding it increasingly difficult to be able to afford to purchase farmland.
At the same time, the conversion of these prime farmlands to development costs our communities open and green space, reduces our access to local quality food, diminishes our cultural and historic roots, often represents a fiscal loss for governments, and frequently results in environmental costs including reduced flood detention, loss of surface water filtration, diminished aquifer recharge, loss of habitat and connective wildlife migration corridors, and loss of opportunities to protect riparian lands.
These concerns, among others, are leading the federal government and local jurisdictions around our state to provide funding for local programs to purchase agricultural conservation easements that help keep farmers in farming and farmland in agriculture. It is the intent of the legislature to create a Washington purchase of agricultural conservation easements program that will facilitate the use of federal funds, ease the burdens of local governments launching similar programs at the local level, and help local governments fight the conversion of agricultural lands they have not otherwise protected through their planning processes." [ 2002 c 280 § 1.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.540 - Agricultural conservation easements account.

RCW 89.08.540
Agricultural conservation easements account.
(1) The agricultural conservation easements account is created in the custody of the state treasurer. All receipts from legislative appropriations, other sources as directed by the legislature, and gifts, grants, or endowments from public or private sources must be deposited into the account. Expenditures from the account may be used only for the purchase of easements in perpetuity or for the purchase or lease of easements for a fixed term under the agricultural conservation easements program. Only the state conservation commission, or the executive director of the commission on the commission's behalf, may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) The commission is authorized to receive and expend gifts, grants, or endowments from public or private sources that are made available, in trust or otherwise, for the use and benefit of the agricultural conservation easements program.
[ 2007 c 352 § 5; 2002 c 280 § 3.]
NOTES:
Intent—2002 c 280: See note following RCW 89.08.530.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.550 - Conservation assistance revolving account.

RCW 89.08.550
Conservation assistance revolving account.
(1) The conservation assistance revolving account is created in the custody of the state treasurer. Moneys from the account may only be spent after appropriation. Moneys placed in the account shall include principal and interest from the repayment of any loans granted under this section, and any other moneys appropriated to the account by the legislature. Expenditures from the account may be used only to make loans to landowners for projects enrolled in the conservation reserve enhancement program and the continuous conservation reserve program.
(2) In order to aid the financing of conservation reserve enhancement program projects and continuous conservation reserve program projects, the conservation commission, through the conservation districts, may make interest-free loans to these enrollees from the conservation assistance revolving account. The conservation commission may require such terms and conditions as it deems necessary to carry out the purposes of this section. Loans to landowners shall be for costs associated with the installation of conservation improvements eligible for and secured by federal farm service agency practice incentive payment reimbursement. Loans under this program promote critical habitat protection and restoration by bridging the financing gap between project implementation and federal funding. The conservation commission shall give loan preferences to those projects expected to generate the greatest environmental benefits and that occur in basins with critical or depressed salmonid stocks. Money received from landowners in loan repayments made under this section shall be paid into the conservation assistance revolving account for uses consistent with this section.
[ 2005 c 30 § 1; 2004 c 277 § 901.]
NOTES:
Severability—2004 c 277: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2004 c 277 § 919.]
Effective dates—2004 c 277: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2004], except for sections 117 and 202 of this act, which take effect April 16, 2004." [ 2004 c 277 § 920.]