reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SIX - USING EXISTING ENVIRONMENTAL DOCUMENTS › Section 197-11-635 - Incorporation by reference - Procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
				Agencies should use existing studies and incorporate material by reference
				whenever appropriate.
(2) Material
				incorporated by reference (a) shall be cited, its location identified, and its
				relevant content briefly described; and (b) shall be made available for public
				review during applicable comment periods.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-635, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SIX - USING EXISTING ENVIRONMENTAL DOCUMENTS › Section 197-11-640 - Combining documents

Current through Register Vol. 24-14, July 15, 2024
The SEPA process shall be combined with the existing planning,
				  review, and project approval processes being used by each agency with
				  jurisdiction. When environmental documents are required, they shall accompany a
				  proposal through the existing agency review processes. Any environmental document
				  in compliance with SEPA may be combined with any other agency documents to reduce
				  duplication and paperwork and improve decision making. The page limits in these
				  rules shall be met, or the combined document shall contain, at or near the
				  beginning of the document, a separate summary of environmental considerations, as
				  specified by WAC
				  197-11-440(4).
				  SEPA page limits need not be met for joint state-federal EISs prepared under both
				  SEPA and NEPA, in which case the NEPA page restrictions (40 C.F.R.
				  1502.7)  shall apply.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-640, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SEVEN - SEPA AND AGENCY DECISIONS › Section 197-11-650 - Purpose of this part

Current through Register Vol. 24-14, July 15, 2024
The purpose of this part is to:
(1) Ensure the use of concise, high quality
				environmental documents and information in making decisions.
(2) Integrate the SEPA process with other laws
				and decisions.
(3) Encourage actions
				that preserve and enhance environmental quality, consistent with other essential
				considerations of state policy.
(4)
				Provide basic, uniform principles for the exercise of substantive authority and
				appeals under SEPA.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-650, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SEVEN - SEPA AND AGENCY DECISIONS › Section 197-11-655 - Implementation

Current through Register Vol. 24-14, July 15, 2024
(1) See
				RCW
				   43.21C.020,
				43.21C.030(1),
				43.21C.060,
				43.21C.075, and
				43.21C.080.
(2) Relevant environmental documents, comments,
				and responses shall accompany proposals through existing agency review processes,
				as determined by agency practice and procedure, so that agency officials use them
				in making decisions.
(3) When a
				decision maker considers a final decision on a proposal:
(a) The alternatives in the relevant
				environmental documents shall be considered.
(b) The range of alternative courses of action
				considered by decision makers shall be within the range of alternatives discussed
				in the relevant environmental documents. However, mitigation measures adopted
				need not be identical to those discussed in the environmental document.
(c) If information about alternatives is
				contained in another decision document which accompanies the relevant
				environmental documents to the decision maker, agencies are encouraged to make
				that information available to the public before the decision is made.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part SEVEN - SEPA AND AGENCY DECISIONS › Section 197-11-660 - Substantive authority and mitigation

Current through Register Vol. 24-14, July 15, 2024
(1)
				Any governmental action on public or private proposals that are not exempt may be
				conditioned or denied under SEPA to mitigate the environmental impact subject to
				the following limitations:
(a) Mitigation
				measures or denials shall be based on policies, plans, rules, or regulations
				formally designated by the agency (or appropriate legislative body, in the case
				of local government) as a basis for the exercise of substantive authority and in
				effect when the DNS or DEIS is issued.
(b) Mitigation measures shall be related to
				specific, adverse environmental impacts clearly identified in an environmental
				document on the proposal and shall be stated in writing by the decision maker.
				The decision maker shall cite the agency SEPA policy that is the basis of any
				condition or denial under this chapter (for proposals of applicants). After its
				decision, each agency shall make available to the public a document that states
				the decision. The document shall state the mitigation measures, if any, that will
				be implemented as part of the decision, including any monitoring of environmental
				impacts. Such a document may be the license itself, or may be combined with other
				agency documents, or may reference relevant portions of environmental
				documents.
(c) Mitigation measures
				shall be reasonable and capable of being accomplished.
(d) Responsibility for implementing mitigation
				measures may be imposed upon an applicant only to the extent attributable to the
				identified adverse impacts of its proposal. Voluntary additional mitigation may
				occur.
(e) Before requiring
				mitigation measures, agencies shall consider whether local, state, or federal
				requirements and enforcement would mitigate an identified significant
				impact.
(f) To deny a proposal under
				SEPA, an agency must find that:
(i) The proposal
				would be likely to result in significant adverse environmental impacts identified
				in a final or supplemental environmental impact statement prepared under this
				chapter; and
(ii) Reasonable
				mitigation measures are insufficient to mitigate the identified impact.
(g) If, during project review, a GMA
				county/city determines that the requirements for environmental analysis,
				protection, and mitigation measures in the GMA county/city's development
				regulations or comprehensive plan adopted under
				chapter
				36.70A RCW, or in other
				applicable local, state or federal laws or rules, provide adequate analysis of
				and mitigation for the specific adverse environmental impacts of the project
				action under
				RCW
				   43.21C.240, the GMA county/city shall not
				impose additional mitigation under this chapter.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-700 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The terms used in these rules shall be
				uniform throughout the state as applied to SEPA (WAC
				197-11-040). Agencies may add to
				certain of these definitions in their procedures, to help explain how they carry
				out SEPA, but shall not change these definitions (WAC
				197-11-906).
(2) Unless the context clearly requires
				otherwise:
(a) Use of the singular shall include
				the plural and conversely.
(b)
				"Preparation" of environmental documents refers to preparing or supervising the
				preparation of documents, including issuing, filing, printing, circulating, and
				related requirements.
(c) "Impact"
				refers to environmental impact.
(d)
				"Permit" means "license" (WAC
				197-11-760).
(e) "Commenting" includes but is not synonymous
				with "consultation" (Part Five).
(f)
				"Environmental cost" refers to adverse environmental impact and may or may not be
				quantified.
(g) "EIS" refers to
				draft, final, and supplemental EISs (WAC
				197-11-405 and
				197-11-738).
(h) "Under" includes pursuant to, subject to,
				required by, established by, in accordance with, and similar expressions of
				legislative or administrative authorization or direction.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-702 - Act

Current through Register Vol. 24-14, July 15, 2024
"Act" means the State Environmental Policy Act,
				  chapter
				  43.21C RCW, as amended,
				  which is also referred to as "SEPA."
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-702, filed 10/10/97,
					 effective 11/10/97. Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-702, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-704 - Action

Current through Register Vol. 24-14, July 15, 2024
(1) "Actions" include,
as further
				specified below
:
(a) New and continuing
				activities (including projects and programs) entirely or partly financed,
				assisted, conducted, regulated, licensed, or approved by agencies;
(b) New or revised agency rules, regulations,
				plans, policies, or procedures; and
(c) Legislative proposals.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-706 - Addendum

Current through Register Vol. 24-14, July 15, 2024
"Addendum" means an environmental document used to provide
				  additional information or analysis that does not substantially change the
				  analysis of significant impacts and alternatives in the existing environmental
				  document. The term does not include supplemental EISs. An addendum may be used at
				  any time during the SEPA process.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-706, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-708 - Adoption

Current through Register Vol. 24-14, July 15, 2024
"Adoption" means an agency's use of all or part of an existing
				  environmental document to meet all or part of the agency's responsibilities under
				  SEPA to prepare an EIS or other environmental document.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-708, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-710 - Affected tribe

Current through Register Vol. 24-14, July 15, 2024
Affected tribe or "treaty tribe" means any Indian tribe, band,
				  nation or community in the state of Washington, that is federally recognized by
				  the United States Secretary of the Interior and that will or may be affected by
				  the proposal.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-710, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-712 - Affecting

Current through Register Vol. 24-14, July 15, 2024
"Affecting" means having, or may be having, an effect on (see
				  WAC 197-11-752 on impacts). For
				  purposes of deciding whether an EIS is required and what the EIS must cover,
				  "affecting" refers to having probable, significant adverse environmental impacts
				  (RCW
				     43.21C.031 and
				  43.21C.110(1)(c)).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-712, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-714 - Agency

Current through Register Vol. 24-14, July 15, 2024
(1) "Agency" means any state or local
				governmental body, board, commission, department, or officer authorized to make
				law, hear contested cases, or otherwise take the actions stated in WAC
				197-11-704, except the judiciary
				and state legislature. An agency is any state agency (WAC
				197-11-796)  or local agency (WAC
				197-11-762).
(2) "Agency with environmental expertise" means
				an agency with special expertise on the environmental impacts involved in a
				proposal or alternative significantly affecting the environment. These agencies
				are listed in WAC
				197-11-920; the list may be
				expanded in agency procedures (WAC
				197-11-906). The appropriate
				agencies must be consulted in the environmental impact statement process, as
				required by WAC
				197-11-502.
(3) "Agency with jurisdiction" means an agency
				with authority to approve, veto, or finance all or part of a nonexempt proposal
				(or part of a proposal). The term does not include an agency authorized to adopt
				rules or standards of general applicability that could apply to a proposal, when
				no license or approval is required from the agency for the specific proposal. The
				term also does not include a local, state, or federal agency involved in
				approving a grant or loan, that serves only as a conduit between the primary
				administering agency and the recipient of the grant or loan. Federal agencies
				with jurisdiction are those from which a license or funding is sought or
				required.
(4) If a specific agency
				has been named in these rules, and the functions of that agency have changed or
				been transferred to another agency, the term shall mean any successor
				agency.
(5) For those proposals
				requiring a hydraulic project approval under RCW 75.20.100, both the department
				of game and the department of fisheries shall be considered agencies with
				jurisdiction.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-714, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-716 - Applicant

Current through Register Vol. 24-14, July 15, 2024
"Applicant" means any person or entity, including an agency,
				  applying for a license from an agency. Application means a request for a
				  license.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-716, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-718 - Built environment

Current through Register Vol. 24-14, July 15, 2024
"Built environment" means the elements of the environment as
				  specified by
				  RCW
				     43.21C.110(1)(f) and WAC
				  197-11-444(2),
				  which are generally built or made by people as contrasted with natural
				  processes.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-718, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-720 - Categorical exemption

Current through Register Vol. 24-14, July 15, 2024
"Categorical exemption" means a type of action, specified in
				  these rules, which does not significantly affect the environment (RCW
				     43.21C.110(1)(a));
				  categorical exemptions are found in Part Nine of these rules. Neither a threshold
				  determination nor any environmental document, including an environmental
				  checklist or environmental impact statement, is required for any categorically
				  exempt action (RCW    43.21C.031). These rules
				  provide for those circumstances in which a specific action that would fit within
				  a categorical exemption shall not be considered categorically exempt (WAC
				  197-11-305).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-720, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-721 - Closed record appeal

Current through Register Vol. 24-14, July 15, 2024
"Closed record appeal" means an administrative appeal held
				  under chapter 36.70B RCW that is on the record to a county/city body or officer,
				  including the legislative body, following an open record hearing on a project
				  permit application when the appeal is on the record with no or limited new
				  evidence or information allowed to be submitted and only appeal arguments
				  allowed. (RCW
				     36.70B.020(1).)
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-721, filed 10/10/97,
					 effective 11/10/97.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-722 - Consolidated appeal

Current through Register Vol. 24-14, July 15, 2024
"Consolidated appeal" means the procedure requiring a person to
				  file an agency appeal challenging both procedural and substantive compliance with
				  SEPA at the same time, as provided under
				  RCW
				     43.21C.075(3)(b) and the
				  exceptions therein. If an agency does not have an appeal procedure for
				  challenging either the agency's procedural or its substantive SEPA
				  determinations, the appeal cannot be consolidated prior to any judicial review.
				  The requirement for a consolidated appeal does not preclude agencies from
				  bifurcating appeal proceedings and allowing different agency officials to hear
				  different aspects of the appeal. (WAC
				  197-11-680.)
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-722, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-724 - Consulted agency

Current through Register Vol. 24-14, July 15, 2024
"Consulted agency" means any agency with jurisdiction or
				  expertise that is requested by the lead agency to provide information during the
				  SEPA process.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-724, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-726 - Cost-benefit analysis

Current through Register Vol. 24-14, July 15, 2024
"Cost-benefit analysis" means a quantified comparison of costs
				  and benefits generally expressed in monetary or numerical terms. It is not
				  synonymous with the weighing or balancing of environmental and other impacts or
				  benefits of a proposal.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-726, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-728 - County/city

Current through Register Vol. 24-14, July 15, 2024
(1) "County/city" means a county, city, or
				town. In this chapter, duties and powers are assigned to a county, city, or town
				as a unit. The delegation of responsibilities among the various departments of a
				county, city, or town is left to the legislative or charter authority of the
				individual counties, cities, or towns.
(2) A "GMA county/city" means a county, city,
				or town planning under the Growth Management Act.
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-728, filed 10/10/97,
					 effective 11/10/97. Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-728, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-730 - Decision maker

Current through Register Vol. 24-14, July 15, 2024
"Decision maker" means the agency official or officials who
				  make the agency's decision on a proposal. The decision maker and responsible
				  official are not necessarily synonymous, depending on the agency and its SEPA
				  procedures (WAC
				  197-11-906 and
				  197-11-910).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-730, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-732 - Department

Current through Register Vol. 24-14, July 15, 2024
"Department" means the Washington state department of
				  ecology.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-732, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-734 - Determination of nonsignificance (DNS)

Current through Register Vol. 24-14, July 15, 2024
"Determination of nonsignificance" (DNS) means the written
				  decision by the responsible official of the lead agency that a proposal is not
				  likely to have a significant adverse environmental impact, and therefore an EIS
				  is not required (WAC
				  197-11-310 and
				  197-11-340). The DNS form is in
				  WAC 197-11-970.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-734, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-736 - Determination of significance (DS)

Current through Register Vol. 24-14, July 15, 2024
"Determination of significance" (DS) means the written decision
				  by the responsible official of the lead agency that a proposal is likely to have
				  a significant adverse environmental impact, and therefore an EIS is required (WAC
				  197-11-310 and
				  197-11-360). The DS form is in WAC
				  197-11-980 and must be used
				  substantially in that form.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-736, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-738 - EIS

Current through Register Vol. 24-14, July 15, 2024
"EIS" means environmental impact statement. The term "detailed
				  statement" in
				  RCW
				     43.21C.030(2)(c) refers to a
				  final EIS. The term "EIS" as used in these rules refers to draft, final, or
				  supplemental EISs (WAC
				  197-11-405).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-738, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-740 - Environment

Current through Register Vol. 24-14, July 15, 2024
"Environment" means, and is limited to, those elements listed
				  in WAC 197-11-444, as required by
				  RCW
				     43.21C.110(1)(f). Environment
				  and environmental quality refer to the state of the environment and are
				  synonymous as used in these rules and refer basically to physical environmental
				  quality.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-740, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-742 - Environmental checklist

Current through Register Vol. 24-14, July 15, 2024
"Environmental checklist" means the form in WAC
				  197-11-960. Rules for its use are
				  in WAC 197-11-315.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-742, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-744 - Environmental document

Current through Register Vol. 24-14, July 15, 2024
"Environmental document" means any written public document
				  prepared under this chapter. Under SEPA, the terms environmental analysis,
				  environmental study, environmental report, and environmental assessment do not
				  have specialized meanings and do not refer to particular environmental documents
				  (unlike various other state or federal environmental impact
				  procedures).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-744, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-746 - Environmental review

Current through Register Vol. 24-14, July 15, 2024
"Environmental review" means the consideration of environmental
				  factors as required by SEPA. The "environmental review process" is the procedure
				  used by agencies and others under SEPA for giving appropriate consideration to
				  the environment in agency decision making.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-746, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-750 - Expanded scoping

Current through Register Vol. 24-14, July 15, 2024
"Expanded scoping" is an optional process that may be used by
				  agencies to go beyond minimum scoping requirements.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-750, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-752 - Impacts

Current through Register Vol. 24-14, July 15, 2024
"Impacts" are the effects or consequences of actions.
				  Environmental impacts are effects upon the elements of the environment listed in
				  WAC 197-11-444.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-752, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-754 - Incorporation by reference

Current through Register Vol. 24-14, July 15, 2024
"Incorporation by reference" means the inclusion of all or part
				  of any existing document in an agency's environmental documentation by reference
				  (WAC 197-11-600 and
				  197-11-635).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-754, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-756 - Lands covered by water

Current through Register Vol. 24-14, July 15, 2024
(1) "Lands covered by
				water" means lands underlying the water areas of the state below the ordinary
				high water mark, including salt waters, tidal waters, estuarine waters, natural
				water courses, lakes, ponds, artificially impounded waters, and wetlands. As
				specified in Part Nine certain categorical exemptions do not apply when a portion
				or all of a project or proposal is undertaken on lands covered by
				water.
(2) Wetlands - Wetlands are
				defined as areas that are inundated or saturated by surface water or groundwater
				at a frequency and duration sufficient to support, and that under normal
				circumstances do support, a prevalence of vegetation typically adapted for life
				in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
				and similar areas. Wetlands include those artificial wetlands intentionally
				created from nonwetland areas created to mitigate conversion of wetlands.
				Wetlands do not include those artificial wetlands intentionally created from
				nonwetland sites including, but not limited to, irrigation and drainage ditches,
				grass-lined swales, canals, detention facilities, wastewater treatment
				facilities, farm ponds, and landscape amenities, or those wetlands created after
				July 1, 1990, that were unintentionally created as a result of the construction
				of a road, street, or highway.
(3)
				"Lands covered by water" does not include adjacent lands and designated buffers
				above the ordinary high water mark.
Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-756, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-758 - Lead agency

Current through Register Vol. 24-14, July 15, 2024
"Lead agency" means the agency with the main responsibility for
				  complying with SEPA's procedural requirements (WAC
				  197-11-050 and
				  197-11-922). The procedures for
				  determining lead agencies are in Part Ten of these rules. "Lead agency" may be
				  read as "responsible official" (WAC
				  197-11-788 and
				  197-11-910)  unless the context
				  clearly requires otherwise. Depending on the agency and the type of proposal, for
				  example, there may be a difference between the lead agency's responsible
				  official, who is at a minimum responsible for procedural determinations (such as
				  WAC 197-11-330,
				  197-11-455,
				  197-11-460)  and its decision
				  maker, who is at a minimum responsible for substantive determinations (such as
				  WAC 197-11-448,
				  197-11-655, and
				  197-11-660).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-758, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-760 - License

Current through Register Vol. 24-14, July 15, 2024
"License" means any form of written permission given to any
				  person, organization, or agency to engage in any activity, as required by law or
				  agency rule. A license includes all or part of an agency permit, certificate,
				  approval, registration, charter, or plat approvals or rezones to facilitate a
				  particular proposal. The term does not include a license required solely for
				  revenue purposes.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-760, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-762 - Local agency

Current through Register Vol. 24-14, July 15, 2024
"Local agency" or "local government" means any political
				  subdivision, regional governmental unit, district, municipal or public
				  corporation, including cities, towns, and counties and their legislative bodies.
				  The term encompasses but does not refer specifically to the departments within a
				  city or county.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-762, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-764 - Major action

Current through Register Vol. 24-14, July 15, 2024
"Major action" means an action that is likely to have
				  significant adverse environmental impacts. "Major" reinforces but does not have a
				  meaning independent of "significantly" (WAC
				  197-11-794).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-764, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-766 - Mitigated DNS

Current through Register Vol. 24-14, July 15, 2024
"Mitigated DNS" means a DNS that includes mitigation measures
				  and is issued as a result of the process specified in WAC
				  197-11-350.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-766, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-768 - Mitigation

Current through Register Vol. 24-14, July 15, 2024
"Mitigation" means:
(1) Avoiding the impact altogether by not
				taking a certain action or parts of an action;
(2) Minimizing impacts by limiting the degree
				or magnitude of the action and its implementation, by using appropriate
				technology, or by taking affirmative steps to avoid or reduce impacts;
(3) Rectifying the impact by repairing,
				rehabilitating, or restoring the affected environment;
(4) Reducing or eliminating the impact over
				time by preservation and maintenance operations during the life of the
				action;
(5) Compensating for the
				impact by replacing, enhancing, or providing substitute resources or
				environments; and/or
(6) Monitoring
				the impact and taking appropriate corrective measures.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-768, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-770 - Natural environment

Current through Register Vol. 24-14, July 15, 2024
"Natural environment" means those aspects of the environment
				  contained in WAC
				  197-11-444(1),
				  frequently referred to as natural elements, or resources, such as earth, air,
				  water, wildlife, and energy.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-770, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-772 - NEPA

Current through Register Vol. 24-14, July 15, 2024
"NEPA" means the National Environmental Policy Act of 1969 (42 USCA 4321  et seq.; PL 91-190), that is like SEPA at the federal level. The
				  federal NEPA regulations are located at  40 C.F.R. 1500  et seq.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-772, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-774 - Nonproject

Current through Register Vol. 24-14, July 15, 2024
"Nonproject" means actions which are different or broader than
				  a single site specific project, such as plans, policies, and programs (WAC
				  197-11-704).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-774, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-775 - Open record hearing

Current through Register Vol. 24-14, July 15, 2024
"Open record hearing" means a hearing held under chapter 36.70B
				  RCW and conducted by a single hearing body or officer authorized by the
				  county/city to conduct such hearings, that creates the county's/city's record
				  through testimony and submission of evidence and information, under procedures
				  prescribed by the county/city by ordinance or resolution. An open record hearing
				  may be held prior to a county's/city's decision on a project permit to be known
				  as an "open record predecision hearing." An open record hearing may be held on an
				  appeal, to be known as an "open record appeal hearing," if no open record
				  predecision hearing has been held on the project permit. (RCW
				     36.70B.020(3).)
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-775, filed 10/10/97,
					 effective 11/10/97.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-776 - Phased review

Current through Register Vol. 24-14, July 15, 2024
"Phased review" means the coverage of general matters in
				  broader environmental documents, with subsequent narrower documents concentrating
				  solely on the issues specific to the later analysis (WAC
				  197-11-060(5)).
				  Phased review may be used for a single proposal or EIS (WAC
				  197-11-060).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-776, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-778 - Preparation

Current through Register Vol. 24-14, July 15, 2024
"Preparation" of an environmental document means preparing or
				  supervising the preparation of documents, including issuing, filing, printing,
				  circulating, and related requirements (see WAC
				  197-11-700(2)).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-778, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-780 - Private project

Current through Register Vol. 24-14, July 15, 2024
"Private project" means any proposal primarily initiated or
				  sponsored by an individual or entity other than an agency.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-780, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-782 - Probable

Current through Register Vol. 24-14, July 15, 2024
"Probable" means likely or reasonably likely to occur, as in "a
				  reasonable probability of more than a moderate effect on the quality of the
				  environment" (see WAC
				  197-11-794). Probable is used to
				  distinguish likely impacts from those that merely have a possibility of
				  occurring, but are remote or speculative. This is not meant as a strict
				  statistical probability test.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-782, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-784 - Proposal

Current through Register Vol. 24-14, July 15, 2024
"Proposal" means a proposed action. A proposal includes both
				  actions and regulatory decisions of agencies as well as any actions proposed by
				  applicants. A proposal exists at that stage in the development of an action when
				  an agency is presented with an application, or has a goal and is actively
				  preparing to make a decision on one or more alternative means of accomplishing
				  that goal, and the environmental effects can be meaningfully evaluated. (See WAC
				  197-11-055 and
				  197-11-060(3).) A
				  proposal may therefore be a particular or preferred course of action or several
				  alternatives. For this reason, these rules use the phrase "alternatives including
				  the proposed action." The term "proposal" may therefore include "other reasonable
				  courses of action," if there is no preferred alternative and if it is appropriate
				  to do so in the particular context.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-784, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-786 - Reasonable alternative

Current through Register Vol. 24-14, July 15, 2024
"Reasonable alternative" means an action that could feasibly
				  attain or approximate a proposal's objectives, but at a lower environmental cost
				  or decreased level of environmental degradation. Reasonable alternatives may be
				  those over which an agency with jurisdiction has authority to control impacts,
				  either directly, or indirectly through requirement of mitigation measures. (See
				  WAC 197-11-440(5) and
				  197-11-660.) Also see the
				  definition of "scope" for the three types of alternatives to be analyzed in EISs
				  (WAC 197-11-792).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-786, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-788 - Responsible official

Current through Register Vol. 24-14, July 15, 2024
"Responsible official" means that officer or officers,
				  committee, department, or section of the lead agency designated by agency SEPA
				  procedures to undertake its procedural responsibilities as lead agency (WAC
				  197-11-910).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-788, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-790 - SEPA

Current through Register Vol. 24-14, July 15, 2024
"SEPA" means the State Environmental Policy Act (chapter
				  43.21C RCW), which is also
				  referred to as the act. The "SEPA process" means all measures necessary for
				  compliance with the act's requirements.
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-790, filed 10/10/97,
					 effective 11/10/97. Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-790, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-792 - Scope

Current through Register Vol. 24-14, July 15, 2024
(1) "Scope" means the range of proposed
				actions, alternatives, and impacts to be analyzed in an environmental document
				(WAC 197-11-060(2)).
(2) To determine the scope of
				environmental impact statements, agencies consider three types of actions, three
				types of impacts, and three types of alternatives.
(a)
Actions
may be:
(i) Single (a specific action which is not
				related to other proposals or parts of proposals);
(ii) Connected (proposals or parts of proposals
				which are closely related under WAC
				197-11-060(3) or
				197-11-305(1));
				or
(iii) Similar (proposals that have
				common aspects and may be analyzed together under WAC
				197-11-060(3)).
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-793 - Scoping

Current through Register Vol. 24-14, July 15, 2024
"Scoping" means determining the range of proposed actions,
				  alternatives, and impacts to be discussed in an EIS. Because an EIS is required
				  to analyze significant environmental impacts only, scoping is intended to
				  identify and narrow the EIS to the significant issues. The required scoping
				  process (WAC
				  197-11-408)  provides interagency
				  and public notice of a DS, or equivalent notification, and opportunity to
				  comment. The lead agency has the option of expanding the scoping process (WAC
				  197-11-410), but shall not be
				  required to do so. Scoping is used to encourage cooperation and early resolution
				  of potential conflicts, to improve decisions, and to reduce paperwork and
				  delay.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-793, filed 2/10/84,
					 effective 4/4/84.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-794 - Significant

Current through Register Vol. 24-14, July 15, 2024
(1) "Significant" as used in SEPA means a
				reasonable likelihood of more than a moderate adverse impact on environmental
				quality.
(2) Significance involves
				context and intensity (WAC
				197-11-330)  and does not lend
				itself to a formula or quantifiable test. The context may vary with the physical
				setting. Intensity depends on the magnitude and duration of an impact.
The severity of an impact should be weighed along with the
				  likelihood of its occurrence. An impact may be significant if its chance of
				  occurrence is not great, but the resulting environmental impact would be severe
				  if it occurred.
(3) WAC
				197-11-330 specifies a process,
				including criteria and procedures, for determining whether a proposal is likely
				to have a significant adverse environmental impact.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-794, filed 2/10/84,
					 effective 4/4/84.