Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-040 - Applicability of hydraulic project approval authority

Current through Register Vol. 24-14, July 15, 2024
(1)
When an HPA is required:
A
				person must obtain an HPA from the department before conducting a hydraulic
				project, unless the activity is exempt from this requirement as provided in
				subsection (2) of this section.
(2)
No HPA is required for the following hydraulic projects:
(a) Installing oyster stakes, boundary
				markers, or property line markers by hand or with hand-held tools;
(b) Driving across an established ford
				(RCW
				77.55.031 );
(c) Remedial actions by the department of
				ecology or a person under a consent decree, order, or agreed order under
				RCW
				70.105D.090 (RCW
				77.55.061 ). Although no HPA is required, the
				department of ecology must ensure compliance with the substantive requirements
				of this chapter;
(d) Landscape
				management plans approved by the department and the department of natural
				resources under
				RCW
				76.09.350(2) serve as an HPA
				for the life of the plan if fish are selected as one of the public resources
				covered under the plan (RCW 77.55.201
				);
(e) Removing derelict fishing
				gear according to the guidelines described in
				RCW
				77.12.865 (RCW
				77.55.041 );
(f) Removing crab pots and other shellfish
				gear under a permit issued under
				RCW
				77.70.500;
(g) An activity conducted solely to remove or
				control
Spartina
(RCW
				77.55.051 );
(h) An activity conducted solely to remove or
				control purple loosestrife performed with hand-held tools, hand-held equipment,
				or equipment carried by a person (RCW 77.55.-051);
(i) Installing or removing a portable boat
				hoist in a lake if the hoist:
(i) Is not
				permanently installed;
(ii) Does
				not have a frame length greater than fifteen feet;
(iii) Does not have armoring or other
				structures installed for a foundation or protection;
(iv) Does not have a canopy;
(v) Is not installed or removed using
				equipment operated on the bed;
(vi)
				Is not installed at the inlet or outlet of any stream;
(vii) Does not require any dredging, filling,
				pile driving, or any other bed modifications during installation or
				removal;
(viii) Is not modified
				during or after installation by adding docks, ramps, floats, or other
				structures that add surface area to the hoist or allow for moorage of
				additional water-craft; and
(ix) Is
				not installed in any of the following sockeye salmon-bearing lakes during times
				of the year when spawning and egg incubation is occurring in beach areas:
Table 1
Authorized Work Times to Install Portable Boat Hoists
				  in Lakes with Sockeye Spawning Beaches
Lake Name and Water Resource Inventory Area
						  ((WRIA) in parentheses)
Authorized Work Times
Baker (04)
June 15 - August 15
Cle Elum (39)
September 1 - March 31
Osoyoos (49)
May 15 - September 30
Ozette (20)
August 1 - October 31
Pleasant (20)
August 1 - October 31
Sammamish (08)
July 15 - September 30
Washington (08)
July 15 - September 30
(j) Installing, maintaining, or removing
				scientific measurement devices if:
(i) All
				work conducted waterward of the OHWL is done by hand or with hand-held
				tools;
(ii) The project does not
				create a blockage to fish passage, even temporarily; and
(iii) The project does not include dewatering
				the job site, placing fill or concrete, or excavating or grading the bed or
				bank.
(k) Forest
				practices hydraulic projects, as defined in
				chapter
				76.09 RCW and governed in
				Title 222 WAC; and
(1) Installation or
				maintenance of tideland and floating private sector commercial fish and
				shellfish culture facilities (RCW 77.12.047 ).
				However, an HPA is required to construct accessory hydraulic structures, such
				as bulkheads or boat ramps.