reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-22 - Adoption of designations of shorelands and wetlands associated with shorelines of the state › Section 173-22-070 - Lands within federal boundaries

Current through Register Vol. 24-14, July 15, 2024
Those nonfederal lands lying within the exterior boundaries of
				federal lands and those federal lands leased to other persons, which fall
				within the definition of shorelands, shall be subject to the jurisdiction of
				chapter 90.58 RCW. Areas and uses in those areas that are under exclusive
				federal jurisdiction as established through federal or state statutes are not
				subject to the jurisdiction of chapter 90.58 RCW.
Statutory Authority:
				  RCW
				  90.58.140(3) and
				  [90.58].200. 97-04-076 (Order 96-12), § 173-22-070, filed 2/5/97,
				  effective 3/8/97; Order DE 73-11, § 173-22-070, filed 7/20/73; Order DE
				  72-15, § 173-22-070, filed 6/30/72.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-010 - Introduction and purpose

Current through Register Vol. 24-14, July 15, 2024
Chapter 82.34 RCW provides for tax credits and exemptions for
				pollution control facilities approved by the appropriate control agency. The
				purposes of this rule are to:
(1)
			 Establish a procedure for reviewing applications for tax benefits received from
			 the department of revenue for review by the department of ecology;
			 and
(2) Establish criteria for
			 identifying the individual facilities within each application and, for each
			 facility, either:
(a) Approve the
			 facility;
(b) Approve the facility
			 as a "dual purpose pollution control facility"; or
(c) Deny the facility.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
This rule is adopted under the authority granted the director
				of the department of ecology by
				RCW
				43.21A.080 and
				43.21A.090.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-020, filed 9/22/00, effective 10/23/00; Order DE 70-7,
				  § 173-24-020, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless a different meaning is plainly required by the context,
				the following words as used in this chapter have the following meanings:
(1) "Commercial or industrial operation"
			 means the industrial, manufacturing, waste disposal, utility or other
			 commercial establishment operated by an applicant for a certificate under
			 chapter 82.34 RCW.
(2) "Department"
			 means the Washington state department of ecology.
(3) "Dual purpose pollution control facility"
			 or "dual purpose facility" means a facility in which the portion for the
			 purpose of pollution control is so integrated into the total facility with
			 portions for other purposes that separation into identifiable component parts
			 is not possible.
(4) "Facility"
			 means any treatment works, control device, disposal system, machinery,
			 equipment, structure or property for which a certificate is applied for under
			 chapter 82.34 RCW or any physically or conceptually identifiable part or
			 accessory thereof.
(5) "Necessary
			 to the manufacture of products" means that without which manufacture of
			 products at the present or proposed level could not be undertaken.
If the manufacture of products could be undertaken at present
				levels without a facility, even though the manufacture would be uneconomical or
				impractical, such a facility is not necessary to the manufacture of products.
				However, if a commercial or industrial operation is recovering or producing
				chemicals or heat for use in the manufacturing process at the time it submits
				an application, then any facilities necessary for production or for recovery of
				chemicals at present percentage rates will be considered necessary to the
				manufacture of products.
(6) "Pollution" means "air contaminant" and
			 "air pollution" as defined in
			 RCW
			 70.94.030, and "pollution" as defined in
			 RCW
			 90.48.020.
(7) "Products" as used in the phrase,
			 "manufacture of products," includes the item or items which an industrial
			 operation is designed primarily to manufacture or produce.
(8) "Regional or local air pollution control
			 authority" means any local or regional entity or control program considered as
			 an "authority" for the purpose of
			 chapter
			 70.94 RCW.
(9) "Single purpose facility" means a
			 facility other than a dual purpose facility.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-030, filed 9/22/00, effective 10/23/00. Statutory
				  Authority:
				  RCW
				  43.21A.080 and
				  43.21A.090 and chapter 82.34 RCW.
				  78-04-015 (Order DE 78-2), § 173-24-030, filed 3/14/78; Order DE 70-7,
				  § 173-24-030, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-040 - Applications submitted to the department of revenue

Current through Register Vol. 24-14, July 15, 2024
Applications filed under
				RCW
				82.34.020 must be submitted to the department
				of revenue in accordance with that department's requirements. The department of
				revenue will supply an identifying application number and forward the
				application to the department or regional or local air pollution control
				authority, as appropriate, for review under
				RCW
				82.34.030.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-040, filed 9/22/00, effective 10/23/00; Order DE 70-7,
				  § 173-24-040, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-050 - Applications reviewed by the department

Current through Register Vol. 24-14, July 15, 2024
The department will review applications for approval of
				facilities that may be designated "water pollution control facilities" as
				defined in
				RCW
				82.34.010(1)(b). The
				department will also review any application relating to a facility that is not
				within the jurisdiction of an activated regional or local air pollution control
				authority, or that is within any area over which the department has assumed
				jurisdiction under
				RCW
				70.94.390. The department will also review
				any application for approval of a facility relating to any air contaminant
				source subject to rules adopted by the department or its predecessor agencies
				under RCW
				70.94.395.
The department will, when necessary, advise the department of
				revenue of the proper agency or agencies to which an application is to be
				submitted for review.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-050, filed 9/22/00, effective 10/23/00; Order DE 70-7,
				  § 173-24-050, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-060 - Action by the department within thirty days - Request for further information

Current through Register Vol. 24-14, July 15, 2024
The department shall, within thirty days of receipt of an
				application from the department of revenue, make the identification and
				classification described in WAC
				173-24-070 and approval or denial
				described in WAC
				173-24-080, or it shall request
				further information from the applicant. A copy of any request from the
				department to the applicant for further information must be transmitted to the
				department of revenue. The failure of the applicant to supply any additional
				information requested by the department, without reasonable grounds for such a
				failure, may result in disapproval of all or part of the application.
The department shall notify the department of revenue, in
				writing, of its decisions on any application submitted and shall send a copy of
				the notification to the applicant by certified mail.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-060, filed 9/22/00, effective 10/23/00. Statutory
				  Authority:
				  RCW
				  43.21A.080 and
				  43.21A.090 and chapter 82.34 RCW.
				  78-04-015 (Order DE 78-2), § 173-24-060, filed 3/14/78; Order DE 70-7,
				  § 173-24-060, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-070 - Identification and classification of facilities

Current through Register Vol. 24-14, July 15, 2024
The department will review each application to determine
				whether the facility is a single, integrated facility, or can be separated,
				either physically or conceptually, into identifiable component parts. Each
				component part must be considered as a separate facility for the purpose of the
				department's review of the application. The department will identify all those
				facilities within each application.
For each facility identified, the department shall classify it
				as a "dual purpose facility" or a "single purpose facility."
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-070, filed 9/22/00, effective 10/23/00. Statutory
				  Authority:
				  RCW
				  43.21A.080 and
				  43.21A.090 and chapter 82.34 RCW.
				  78-04-015 (Order DE 78-2), § 173-24-070, filed 3/14/78; Order DE 70-7,
				  § 173-24-070, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-080 - Approval of a facility

Current through Register Vol. 24-14, July 15, 2024
The department shall approve any facility when:
(1) It was installed or intended to be
			 installed for the primary purpose of pollution control, and;
(2) When it is operated or intended to be
			 operated primarily for the purpose of pollution control, and;
(3) When it is suitable, reasonably adequate,
			 and meets the intent and purposes of
			 chapter
			 70.94 or
			 90.48 RCW;
If the facility does not meet these criteria, it must be
				denied.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-080, filed 9/22/00, effective 10/23/00. Statutory
				  Authority:
				  RCW
				  43.21A.080 and
				  43.21A.090 and chapter 82.34 RCW.
				  78-04-015 (Order DE 78-2), § 173-24-080, filed 3/14/78; Order DE 70-7,
				  § 173-24-080, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-090 - Installation for the purpose of pollution control

Current through Register Vol. 24-14, July 15, 2024
A facility will be considered to be installed or intended to be
				installed for the primary purpose of pollution control when:
(1) It was installed or intended to be
			 installed in response to a requirement of the department or a regional or local
			 air pollution control authority contained in a permit, order, or rule that
			 applies to the particular industry or commercial establishment in question, and
			 such a facility meets or exceeds the requirements of such a permit, order, or
			 rule; and
(2) It was installed in
			 conformance with a requirement developed under
			 chapter
			 90.48 or
			 70.94 RCW and not under some other
			 statute administered by the department such as, for example,
			 chapter
			 70.95 or
			 70.105 RCW.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-090, filed 9/22/00, effective 10/23/00. Statutory
				  Authority: Chapter 82.34 RCW,
				  RCW
				  43.21A.080, and
				  43.21A.090. 80-15-020 (Order DE
				  80-33), § 173-24-090, filed 10/7/80; Order DE 70-7, § 173-24-090,
				  filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-100 - Operation for the purpose of pollution control

Current through Register Vol. 24-14, July 15, 2024
A facility is operated or intended to be operated primarily for
				the purpose of pollution control when:
(1) The emissions or effluents from the
			 commercial or industrial operation do or will contain measurably less pollution
			 with the facility installed than they would without the facility installed,
			 and;
(2) For a facility, other than
			 a dual purpose facility, it is not necessary to the manufacture of
			 products.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-100, filed 9/22/00, effective 10/23/00. Statutory
				  Authority:
				  RCW
				  43.21A.080 and
				  43.21A.090 and chapter 82.34 RCW.
				  78-04-015 (Order DE 78-2), § 173-24-100, filed 3/14/78; Order DE 70-7,
				  § 173-24-100, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-110 - Meeting the intent and purposes of chapters 70.94 and 90.48 RCW

Current through Register Vol. 24-14, July 15, 2024
A facility is suitable, reasonably adequate, and meets the
				intent and purposes of
				chapters
				70.94 and
				90.48 RCW, when:
(1) Normal operation of the particular
			 commercial or industrial operation with the facility installed will not be in
			 violation of any provision of
			 chapter
			 70.94 or
			 90.48 RCW and;
(2) Such an operation will meet the
			 requirements of any applicable permits, orders, rules or standards of the
			 department or a regional or local air pollution control authority.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-110, filed 9/22/00, effective 10/23/00. Statutory
				  Authority:
				  RCW
				  43.21A.080 and
				  43.21A.090 and chapter 82.34 RCW.
				  78-04-015 (Order DE 78-2), § 173-24-110, filed 3/14/78; Order DE 70-7,
				  § 173-24-110, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-120 - Treatment before connection to utilities

Current through Register Vol. 24-14, July 15, 2024
Any facility designed for the primary purpose of reducing,
				controlling, disposing of, or treating industrial or commercial wastes before
				the ultimate conveyance thereof to the waste collecting facilities of public or
				privately owned utilities must be approved if it satisfies the requirements set
				forth in this chapter. However, any facility installed or constructed for the
				primary purpose of connecting any commercial establishment with the waste
				collecting facilities of public or privately owned utilities may not be
				eligible for approval.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-120, filed 9/22/00, effective 10/23/00; Order DE 70-7,
				  § 173-24-120, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-125 - Revision of prior findings

Current through Register Vol. 24-14, July 15, 2024
On its own initiative or in compliance with the local or
				regional air pollution control agency in which an air pollution control
				facility is located, the department may revise the prior findings of the
				appropriate control agency whenever it appears that any of the conditions
				listed in RCW 82.34.100(1) or
				(2) have been met or when the department
				determines that the prior determination had been made in
				error.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-125, filed 9/22/00, effective 10/23/00. Statutory
				  Authority: Chapter 82.34 RCW,
				  RCW
				  43.21A.080, and
				  43.21A.090. 80-15-020 (Order DE
				  80-33), § 173-24-125, filed
				  10/7/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-130 - Administrative appeal of department decision

Current through Register Vol. 24-14, July 15, 2024
The approval or disapproval by the department under
				RCW
				82.34.030 of any application, or any revision
				of prior findings by the department under
				RCW
				82.34.100 shall constitute a decision of the
				department subject to review by the pollution control hearings board in
				accordance with chapter 43.21B RCW. Any aggrieved party may appeal any decision
				in accordance with the rules of the pollution control hearings board no later
				than thirty days after receipt of written notice thereof.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-130, filed 9/22/00, effective 10/23/00; Order DE 70-7,
				  § 173-24-130, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-140 - Delegation

Current through Register Vol. 24-14, July 15, 2024
The powers, duties, and functions vested in the department by
				chapter 82.34 RCW, will be performed by the deputy director of the department
				or his or her delegate.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-140, filed 9/22/00, effective 10/23/00. Statutory
				  Authority:
				  RCW
				  43.21A.080 and
				  43.21A.090 and chapter 82.34 RCW.
				  78-04-015 (Order DE 78-2), § 173-24-140, filed 3/14/78; Order DE 70-7,
				  § 173-24-140, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-24 - Tax exemptions and credits for pollution control facilities › Section 173-24-150 - Delegation of state responsibilities under federal program

Current through Register Vol. 24-14, July 15, 2024
The functions of the "state certifying authority" for the
				federal tax credit program for pollution control facilities must be performed
				by the deputy director of the department or his or her
				delegate.
Statutory Authority: Chapter 82.34 RCW. 00-20-009 (Order
				  00-20), § 173-24-150, filed 9/22/00, effective 10/23/00. Statutory
				  Authority:
				  RCW
				  43.21A.080 and
				  43.21A.090 and chapter 82.34 RCW.
				  78-04-015 (Order DE 78-2), § 173-24-150, filed 3/14/78; Order DE 70-7,
				  § 173-24-150, filed 8/4/71.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Section 173-26-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter implement the requirements of
				chapter
				90.58 RCW, the Shoreline
				Management Act of 1971.
				RCW
				90.58.200 authorizes the adoption of rules by
				the department as necessary and appropriate to carry out the provisions of the
				act. RCW
				90.58.080 directs local governments to
				develop and administer local shoreline master programs for regulation of uses
				on shorelines of the state. Such local programs should be integrated with other
				local government systems for administration and enforcement of land use
				regulations.
				RCW
				36.70A.480 provides that the goals and
				policies contained in a local shoreline master program shall be considered an
				element of the local comprehensive plan required by the Growth Management Act.
				All other portions of the local shoreline master program, including the use
				regulations, are considered a part of the local development regulations
				required by the Growth Management Act.
This chapter is drafted to also reflect
				RCW
				90.58.050 which provides that the Shoreline
				Management Act is intended to be a cooperative program between local government
				and the state. It is the intent of this chapter to provide minimum procedural
				requirements as necessary to comply with the statutory requirements while
				providing latitude for local government to establish procedural systems based
				on local needs and circumstances.
Pursuant to the Shoreline Management Act, the department must
				approve master programs prepared by local governments or adopt them by rule
				consistent with the act. In order to facilitate this process, Part I of this
				chapter establishes a recordkeeping system for the department and defines the
				contents of the state master program. Part II sets forth procedures for
				approving and adopting master programs and amendments thereto. Part III
				comprises the guidelines pursuant to
				RCW
				90.58.060 and provides guidance for
				developing the content of shoreline master programs. Part IV - addresses the
				requirements of the state Ocean Resources Management Act.
Statutory Authority:
				  RCW
				  90.58.060 and
				  90.58.200. 04-01-117 (Order
				  03-02), § 173-26-010, filed 12/17/03, effective 1/17/04; 00-24-031 (Order
				  95-17a), § 173-26-010, filed 11/29/00, effective 12/30/00. Statutory
				  Authority:
				  RCW
				  90.58.140(3) and
				  [90.58].200. 96-20-075 (Order 95-17), § 173-26-010, filed 9/30/96,
				  effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part I - STATE MASTER PROGRAM › Section 173-26-030 - Master programs required - State master program contents

Current through Register Vol. 24-14, July 15, 2024
Chapter 90.58 RCW requires all local governments with
				  shorelines of the state within their boundaries to develop and administer a
				  shoreline master program. The state master program is the cumulative total of
				  all shoreline master programs and amendments thereto approved or adopted by
				  rule by the department, together with any changes pursuant to WAC
				  173-26-040. Local governments
				  which are required to develop and administer shoreline master programs are
				  listed in WAC
				  173-26-080.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-26-030, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part I - STATE MASTER PROGRAM › Section 173-26-040 - Master programs required - Unlisted local governments

Current through Register Vol. 24-14, July 15, 2024
The department shall periodically update the list of local
				  governments contained in WAC
				  173-26-080. When as a result of
				  annexation, municipal incorporation, or change in shoreline jurisdiction, a
				  city or town with shorelines of the state within its boundaries is not listed,
				  such local government is required to develop and administer a shoreline master
				  program pursuant to
				  chapter
				  90.58 RCW and this
				  chapter.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-26-040, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part I - STATE MASTER PROGRAM › Section 173-26-050 - State master program register - Maintained by department

Current through Register Vol. 24-14, July 15, 2024
The department shall prepare and maintain an official state
				  master program register identifying original department adoption dates and the
				  effective dates of subsequent amendments approved or adopted by the department
				  for each local government shoreline master program. The master program register
				  shall be available for public viewing and inspection during normal business
				  hours at the headquarters of the department. Copies of the register shall be
				  available from the department at the expense of the requesting party. The
				  department shall keep the register current, incorporating master program
				  adoption and amendment dates as they occur.
Statutory Authority:
					 RCW
					 90.58.140(3) and
					 [90.58].200. 96-20-075 (Order 95-17), § 173-26-050, filed 9/30/96,
					 effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part I - STATE MASTER PROGRAM › Section 173-26-060 - State master program - Records maintained by department

Current through Register Vol. 24-14, July 15, 2024
The department shall maintain records for all master
				  programs currently in effect and subsequent amendments thereto. Master program
				  records shall be organized consistent with the state master program register
				  and shall be available for public viewing and inspection during normal business
				  hours at the headquarters of the department.
Records of master programs no longer in effect will be
				  relocated in accordance with the records retention schedule approved by the
				  state records committee.
Such records should be maintained in two groups of files as
				  follows:
(1) Shoreline master program
				working files corresponding to each proposed master program or amendment
				containing, where applicable:
(a) Initial
				submittal from local government per WAC
				173-26-110;
(b) The department's letter denying,
				approving as submitted or approving alternatives together with findings and
				conclusions and amended text and/or maps;
(c) Documents related to any appeal of the
				department's action on the amendment;
(d) Supplemental materials including:
(i) Interested party mailing list;
(ii) Comment letters and exhibits from
				federal, state, local, and tribal agencies;
(iii) Comment letters and exhibits from the
				general public;
(iv) Recordings
				and/or a summary of hearing oral testimony;
(v) A concise explanatory statement, if
				adopted by rule.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part I - STATE MASTER PROGRAM › Section 173-26-070 - Adoption of shoreline master programs by rule - Department action

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may adopt a shoreline master program by rule in the following circumstances:
(a) Pursuant to
				RCW
				90.58.070(2), when a local
				government fails to approve a master program relating to shorelines of the
				state within its jurisdiction in accordance with the time schedule provided for
				in RCW
				90.58.080, the department shall carry out the
				requirements of
				RCW
				90.58.080 and adopt by rule a master program
				for shorelines of the state within the jurisdiction of the local government.
				The department has adopted by rule a master program for shorelines of the state
				within the jurisdiction of those local governments listed in subsection (2) of
				this section;
(b) Pursuant to
				RCW
				90.58.090(4), when the
				department determines that those parts of a master program relating to
				shorelines of statewide significance do not provide for optimum implementation
				of the policy of
				chapter
				90.58 RCW to satisfy the
				statewide interest, the department may develop and adopt by rule an alternative
				to the local government's master program proposal. The department has adopted
				by rule an alternative master program for shorelines of statewide significance
				within the jurisdiction of those local governments listed in subsection (2) of
				this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part II - SHORELINE MASTER PROGRAM APPROVAL/AMENDMENT › DRAFT REVIEW › Section 173-26-100 - Standard local process for approving/amending shoreline master programs

Current through Register Vol. 24-14, July 15, 2024
This section establishes local procedures for approving
					 new master programs and preparing comprehensive master program updates required
					 by RCW
					 90.58.080(2). A local
					 government that proposes master program amendments may follow these procedures
					 or the optional joint review process outlined in WAC 173-26-104.
Prior to submittal of a new or amended master program to
					 the department, local government shall solicit public and agency comment during
					 the drafting of proposed new or amended master programs. The degree of public
					 and agency involvement sought by local government should be gauged according to
					 the level of complexity, anticipated controversy, and range of issues covered
					 in the draft proposal. Recognizing that the department must approve all master
					 programs before they become effective, early and continuous consultation with
					 the department is encouraged during the drafting of new or amended master
					 programs. For local governments planning under chapter 36.70A RCW, local
					 citizen involvement strategies should be implemented that ensure early and
					 continuous public participation consistent with WAC
					 365-196-600.
At a minimum, local government shall:
(1) Conduct at least one public hearing to
				  consider the draft proposal;
(2)
				  Publish notice of the hearing in one or more newspapers of general circulation
				  in the area in which the hearing is to be held. The notice shall include:
(a) Reference to the authority(s) under which
				  the action(s) is proposed;
(b) A
				  statement or summary of the proposed changes to the master program;
(c) The date, time, and location of the
				  hearing, and the manner in which interested persons may present their views;
				  and
(d) Reference to the
				  availability of the draft proposal for public review;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part II - SHORELINE MASTER PROGRAM APPROVAL/AMENDMENT › DRAFT REVIEW › Section 173-26-120 - State process for approving/ amending shoreline master programs

Current through Register Vol. 24-14, July 15, 2024
Review and approval of master programs and amendments by
					 the department shall follow the procedures set forth below. The state public
					 comment period under subsection (2) of this section does not apply to master
					 programs adopted under the optional joint review process of WAC
					 173-26-104.
(1) Formal review for
				  completeness:
(a) The department shall review
				  the submitted master program or amendment for compliance with either WAC
				  173-26-100 or 173-26-104, and
				  173-26-110. The department shall
				  notify the local government in writing when it determines that a complete
				  submittal has been received.
(b) If
				  the submittal is determined to be incomplete, the department will identify the
				  deficiencies and so notify the local government in writing. The review process
				  will not begin until the department determines the submittal is
				  complete.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part II - SHORELINE MASTER PROGRAM APPROVAL/AMENDMENT › DRAFT REVIEW › Section 173-26-130 - Appeal procedures for master programs

Current through Register Vol. 24-14, July 15, 2024
(1) For local governments planning under
				  chapter 36.70A RCW, appeals shall be to the growth management hearings board as
				  provided in
				  RCW
				  36.70A.290 and
				  90.58.190.
(2) For local governments not planning under
				  chapter 36.70A RCW, all petitions for review shall be filed with the state
				  shorelines hearings board within thirty days of the date the department
				  publishes notice of its final decision under
				  RCW
				  90.58.090(8).
Statutory Authority:
						RCW
						90.58.120,
						90.58.200,
						90.58.060 and
						43.21A.681. 11-05-064 (Order
						10-07), § 173-26-130, filed 2/11/11, effective 3/14/11. Statutory
						Authority:
						RCW
						90.58.140(3) and
						[90.58].200. 96-20-075 (Order 95-17), § 173-26-130, filed 9/30/96,
						effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part II - SHORELINE MASTER PROGRAM APPROVAL/AMENDMENT › DRAFT REVIEW › Section 173-26-140 - Shoreline master program administrative interpretation

Current through Register Vol. 24-14, July 15, 2024
As required by
					 RCW
					 36.70B.110(11), each local
					 government planning under
					 chapter
					 36.70A RCW shall adopt
					 procedures for administrative interpretation of its development regulations,
					 which include shoreline master programs. When developing and adopting
					 procedures for administrative interpretation of its shoreline master program,
					 local government shall include provisions requiring consultation with the
					 department to insure that any formal written interpretations are consistent
					 with the purpose and intent of
					 chapter
					 90.58 RCW and the
					 applicable guidelines.
Statutory Authority:
						RCW
						90.58.140(3) and
						[90.58].200. 96-20-075 (Order 95-17), § 173-26-140, filed 9/30/96,
						effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part II - SHORELINE MASTER PROGRAM APPROVAL/AMENDMENT › DRAFT REVIEW › Section 173-26-150 - Local government annexation - Shoreline environment predesignation in planning jurisdictions

Current through Register Vol. 24-14, July 15, 2024
Cities and towns planning under the Growth Management Act,
					 chapter
					 36.70A RCW, may within
					 adopted urban growth areas predesignate environments on shorelines located
					 outside of existing city boundaries. Shoreline environment predesignations
					 shall be consistent with the policy of
					 chapters
					 36.70A and
					 90.58 RCW and their applicable
					 guidelines and rules.
Such predesignation shall be conducted under a city's or
					 town's authority to plan for growth within adopted urban growth areas.
Cities and towns not planning under the Growth Management
					 Act, chapter 36.70A
					 RCW, may predesignate environments on shorelines located outside their existing
					 incorporated boundaries. Shoreline environment predesignations shall be
					 consistent with the policy of
					 chapter
					 90.58 RCW and its
					 applicable guidelines and rules.
Environment predesignations shall be approved by the
					 department according to the procedures set forth in this chapter for amendment
					 of a shoreline master program. No additional procedures are required by the
					 department at the time of annexation. The shoreline environment designation for
					 a predesignated shoreline area shall take effect concurrent with
					 annexation.
Statutory Authority:
						RCW
						90.58.120,
						90.58.200,
						90.58.060 and
						43.21A.681. 11-05-064 (Order
						10-07), § 173-26-150, filed 2/11/11, effective 3/14/11. Statutory
						Authority:
						RCW
						90.58.140(3) and
						[90.58].200. 96-20-075 (Order 95-17), § 173-26-150, filed 9/30/96,
						effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part II - SHORELINE MASTER PROGRAM APPROVAL/AMENDMENT › DRAFT REVIEW › Section 173-26-160 - Local government annexation

Current through Register Vol. 24-14, July 15, 2024
Except as provided in WAC
					 173-26-150, in the event of
					 annexation of a shoreline of the state, the local government assuming
					 jurisdiction shall notify the department of such annexation and develop or
					 amend a master program to include the annexed area. Such master program
					 development or amendment shall be consistent with the policy of
					 RCW
					 90.58.020 and the applicable guidelines and
					 shall be submitted to the department for approval no later than one year from
					 the effective date of annexation.
Until a new or amended master program is adopted or
					 approved by the department, any decision on an application for a shoreline
					 permit in the annexed shoreline area shall be based upon compliance with the
					 master program in effect for the area prior to annexation.
Statutory Authority:
						RCW
						90.58.140(3) and
						[90.58].200. 96-20-075 (Order 95-17), § 173-26-160, filed 9/30/96,
						effective 10/31/96.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part III - GUIDELINES › Section 173-26-181 - Special policy goals of the act and guidelines for shorelines of statewide significance

Current through Register Vol. 24-14, July 15, 2024
In accordance with
				  RCW
				  90.58.020, the "department, in adopting
				  guidelines for shorelines of statewide significance, and local government, in
				  developing master programs for shorelines of statewide significance, shall give
				  preference to uses in the following order of preference which:
(1) Recognize and protect the statewide
				interest over local interest;
(2)
				Preserve the natural character of the shoreline;
(3) Result in long term over short term
				benefit;
(4) Protect the resources
				and ecology of the shoreline;
(5)
				Increase public access to publicly owned areas of the shorelines;
(6) Increase recreational opportunities for
				the public in the shoreline;
(7)
				Provide for any other element as defined in
				RCW
				90.58.100 deemed appropriate or
				necessary."
Statutory Authority:
					 RCW
					 90.58.060 and
					 90.58.200. 04-01-117 (Order
					 03-02), § 173-26-181, filed 12/17/03, effective
					 1/17/04.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part III - GUIDELINES › Section 173-26-201 - Process to prepare or amend shoreline master programs

Current through Register Vol. 24-14, July 15, 2024
(1) This section outlines the process to
				prepare a comprehensive shoreline master program adoption or update. This
				section also establishes approval criteria for shoreline master program
				amendments.
(a) All master program amendments
				are subject to the minimum procedural rule requirements of WAC
				173-26-010 through
				173-26-160, and approval by the
				department as provided in
				RCW
				90.58.090.
(b) Comprehensive master program adoptions
				and updates shall fully achieve the procedural and substantive requirements of
				these guidelines.
(c) Master
				program amendments may be approved by the department provided:
(i) The proposed amendment will not foster
				uncoordinated and piecemeal development of the state's shorelines;
(ii) The amendment is consistent with all
				applicable policies and standards of the act;
(iii) All procedural rule requirements for
				public notice and consultation have been satisfied; and
(iv) Master program guidelines analytical
				requirements and substantive standards have been satisfied, where they
				reasonably apply to the amendment. All master program amendments must
				demonstrate that the amendment will not result in a net loss of shoreline
				ecological functions.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part III - GUIDELINES › Section 173-26-221 - General master program provisions

Current through Register Vol. 24-14, July 15, 2024
The provisions of this section shall be applied either
				  generally to all shoreline areas or to shoreline areas that meet the specified
				  criteria of the provision without regard to environment designation. These
				  provisions address certain elements as required by
				  RCW
				  90.58.100(2) and implement
				  the principles as established in WAC
				  173-26-186.
(1)
Archaeological and historic
				resources.
(a)
Applicability.
The following provisions apply to archaeological
				and historic resources that are either recorded at the state department of
				archaeology and historic preservation and/or by local jurisdictions or have
				been inadvertently uncovered. Archaeological sites located both in and outside
				shoreline jurisdiction are subject to chapter 27.44 RCW (Indian graves and
				records) and chapter 27.53 RCW (Archaeological sites and records) and
				development or uses that may impact such sites shall comply with chapter 25-48
				WAC as well as the provisions of this chapter.
(b)
Principles.
Due to the
				limited and irreplaceable nature of the resource(s), prevent the destruction of
				or damage to any site having historic, cultural, scientific, or educational
				value as identified by the appropriate authorities, including affected Indian
				tribes, and the department of archaeology and historic preservation.
(c)
Standards.
Local shoreline
				master programs shall include policies and regulations to protect historic,
				archaeological, and cultural features and qualities of shorelines and implement
				the following standards. A local government may reference historic inventories
				or regulations. Contact the department of archaeology and historic preservation
				and affected Indian tribes for additional information.
(i) Require that developers and property
				owners immediately stop work and notify the local government, the department of
				archaeology and historic preservation and affected Indian tribes if
				archaeological resources are uncovered during excavation.
(ii) Require that permits issued in areas
				documented to contain archaeological resources require a site inspection or
				evaluation by a professional archaeologist in coordination with affected Indian
				tribes.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-26 - State master program approval/amendment procedures and master program guidelines › Part III - GUIDELINES › Section 173-26-231 - Shoreline modifications

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability
.
Local governments are encouraged
				to prepare master program provisions that distinguish between shoreline
				modifications and shoreline uses. Shoreline modifications are generally related
				to construction of a physical element such as a dike, breakwater, dredged
				basin, or fill, but they can include other actions such as clearing, grading,
				application of chemicals, or significant vegetation removal. Shoreline
				modifications usually are undertaken in support of or in preparation for a
				shoreline use; for example, fill (shoreline modification) required for a cargo
				terminal (industrial use) or dredging (shoreline modification) to allow for a
				marina (boating facility use).
The provisions in this section apply to all shoreline
				  modifications within shoreline jurisdiction.
(2)
General principles
				applicable to all shoreline modifications
.
Master programs
				shall implement the following principles:
(a)
				Allow structural shoreline modifications only where they are demonstrated to be
				necessary to support or protect an allowed primary structure or a legally
				existing shoreline use that is in danger of loss or substantial damage or are
				necessary for reconfiguration of the shoreline for mitigation or enhancement
				purposes.
(b) Reduce the adverse
				effects of shoreline modifications and, as much as possible, limit shoreline
				modifications in number and extent.
(c) Allow only shoreline modifications that
				are appropriate to the specific type of shoreline and environmental conditions
				for which they are proposed.
(d)
				Assure that shoreline modifications individually and cumulatively do not result
				in a net loss of ecological functions. This is to be achieved by giving
				preference to those types of shoreline modifications that have a lesser impact
				on ecological functions and requiring mitigation of identified impacts
				resulting from shoreline modifications.
(e) Where applicable, base provisions on
				scientific and technical information and a comprehensive analysis of drift
				cells for marine waters or reach conditions for river and stream systems.
				Contact the department for available drift cell characterizations.
(f) Plan for the enhancement of impaired
				ecological functions where feasible and appropriate while accommodating
				permitted uses. As shoreline modifications occur, incorporate all feasible
				measures to protect ecological shoreline functions and ecosystem-wide
				processes.
(g) Avoid and reduce
				significant ecological impacts according to the mitigation sequence in WAC
				173-26-201(2)(e).