reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part EIGHT - DEFINITIONS › Section 197-11-796 - State agency

Current through Register Vol. 24-14, July 15, 2024
"State agency" means any state board, commission, department,
				  or officer, including state universities, colleges, and community colleges, that
				  is authorized by law to make rules, hear contested cases, or otherwise take the
				  actions stated in WAC
				  197-11-704, except the judiciary
				  and state legislature.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-796, 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 197-11-797 - Threshold determination

Current through Register Vol. 24-14, July 15, 2024
"Threshold determination" means the decision by the responsible
				  official of the lead agency whether or not an EIS is required for a proposal that
				  is not categorically exempt (WAC
				  197-11-310 and
				  197-11-330(1)(b)).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-797, 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 197-11-799 - Underlying governmental action

Current through Register Vol. 24-14, July 15, 2024
"Underlying government action" means the governmental action,
				  such as zoning or permit approvals, that is the subject of SEPA
				  compliance.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-799, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-800 - Categorical exemptions

Current through Register Vol. 24-14, July 15, 2024
The proposed actions contained in Part Nine are categorically
				  exempt from threshold determination and EIS requirements, subject to the rules
				  and limitations on categorical exemptions contained in WAC 197-11-305.
Note:
The statutory exemptions contained in chapter 43.21C
							 RCW are not included in Part Nine. Chapter 43.21C RCW should be reviewed in
							 determining whether a proposed action not listed as categorically exempt in
							 Part Nine is exempt by statute from threshold determination and EIS
							 requirements.
(1)
Minor
				new construction - Flexible thresholds.
(a) The exemptions in this subsection apply
				to all licenses required to undertake the construction in question. To be
				exempt under this subsection, the project must be equal to or smaller than the
				exempt level. For a specific proposal, the exempt level in (b) of this
				subsection shall control, unless the city/county in which the project is
				located establishes an exempt level under (c) of this subsection. If the
				proposal is located in more than one city/county, the lower of the agencies'
				adopted levels shall control, regardless of which agency is the lead agency.
				The exemptions in this subsection apply except when the project:
(i) Is undertaken wholly or partly on lands
				covered by water;
(ii) Requires a
				license governing discharges to water that is not exempt under RCW
				    43.21C.0383;
(iii) Requires a
				license governing emissions to air that is not exempt under RCW     43.21C.0381 or
				WAC 197-11-800(7) or (8); or
(iv)
				Requires a land use decision that is not exempt under WAC
				197-11-800(6).
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part NINE - CATEGORICAL EXEMPTIONS › Section 197-11-810 - Exemptions and nonexemptions applicable to specific state agencies

Current through Register Vol. 24-14, July 15, 2024
The exemptions in WAC
				  197-11-820 through
				  197-11-875 relate only to the
				  specific activities identified within the named agencies. These exemptions are in
				  addition to the preceding sections of this part and are subject to the rules and
				  limitations of WAC
				  197-11-305. The categorical
				  exemptions in WAC
				  197-11-800 apply to all agencies,
				  including those named in WAC
				  197-11-820 through
				  197-11-875 unless the general
				  exemptions are specifically made inapplicable by one of the following
				  exemptions.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-810, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-820 - Department of licensing

Current through Register Vol. 24-14, July 15, 2024
All licenses issued by the department of licensing are
				  exempted, except the following:
(1)
				Camping club promotional permits under
				chapter
				19.105 RCW.
(2) Motor vehicle wrecker licenses under
				chapter
				46.80 RCW; WAC
				197-11-800(13)(i) shall apply to allow possible exemption of renewals of camping club promotional
				permits and motor vehicle wrecker licenses.
Statutory Authority:
					 RCW
					    43.21A.090,
					 chapter
					 43.21C RCW,
					 RCW
					    43.21C.035,
					 43.21C.037,
					 43.21C.038,
					 43.21C.0381,
					 43.21C.0382,
					 43.21C.0383,
					 43.21C.110,
					 43.21C.222. 03-16-067 (Order 02-12),
					 §
											197-11-820, filed 8/1/03, effective
					 9/1/03. Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-820, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-825 - Department of labor and industries

Current through Register Vol. 24-14, July 15, 2024
All licenses issued by the department of labor and industries
				  are exempted, except the issuance of any license for the manufacture of
				  explosives or the adoption or amendment by the department of any regulations
				  incorporating general standards respecting the issuance of licenses authorizing
				  the storage of explosives under chapter 70.74 RCW. The adoption of any industrial
				  health or safety regulations containing noise standards shall be considered a
				  major action under this chapter.
Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-825, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-830 - Department of natural resources

Current through Register Vol. 24-14, July 15, 2024
The following actions and licenses of the department of natural
				  resources are exempted:
(1) Forest
				closures, shutdowns and permit suspensions due to extreme unusual fire
				hazards.
(2) Operating permits to use
				power equipment on forest land.
(3)
				Permits to use fuse on forest land.
(4) Log patrol licenses.
(5) Permits for drilling for which no public
				hearing is required under
				RCW
				   78.60.070 (geothermal test drilling).
(6) Permits for the dumping of forest debris
				and wood waste in forested areas.
(7)
				Those sales of timber from public lands that the department of natural resources
				determines, by rules adopted pursuant to
				RCW
				   43.21C.120 do not have potential for a
				substantial impact on the environment.
(8) Except on aquatic lands under state
				control, leases for mineral prospecting under
				RCW
				   79.14.300 or
				79.14.470, but not including
				issuance of subsequent contracts for mining.
(9) Sales of rock from public lands involving
				rock pits less than three acres in size that are used for activities regulated
				under a forest practices application that is exempt under
				RCW
				   43.21C.037.
Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-830, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-835 - Department of fish and wildlife

Current through Register Vol. 24-14, July 15, 2024
The following activities of the department of fish and
				  wildlife are exempted:
(1) The
				establishment of seasons, catch limits or geographical areas for fishing or
				shellfish removal.
(2) Hydraulic
				project approvals where there is no other agency with jurisdiction (besides the
				department of fish and wildlife) requiring a nonexempt permit, except for
				proposals involving removal of fifty or more cubic yards of streambed materials
				or involving realignment into a new channel. For purposes of this paragraph, the
				term new channel shall not include existing channels which have been naturally
				abandoned within the twelve months previous to the hydraulic permit
				application.
(3) All clam farm
				licenses and oyster farm licenses, except where cultural practices include
				structures occupying the water column or where a hatchery or other physical
				facility is proposed for construction on adjoining uplands.
(4) All other licenses (other than those
				excepted in (2) and (3) above) authorized to be issued by the department as of
				December 12, 1975 except the following:
(a) Fish
				farming license, or other licenses allowing the cultivation of aquatic animals
				for commercial purposes;
(b) Licenses
				for the mechanical and/or hydraulic removal of clams, including geoducks;
				and
(c) Any license authorizing the
				discharge of explosives in water. WAC
				197-11-800(13)(i) shall apply to allow possible exemption of renewals of the above
				licenses.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part NINE - CATEGORICAL EXEMPTIONS › Section 197-11-845 - Department of social and health services and department of health

Current through Register Vol. 24-14, July 15, 2024
All department of social and health services and department of
				  health actions are exempted, except the following:
(1) The adoption or amendment by the department
				of any regulations incorporating general standards for issuance of licenses
				authorizing the possession, use and transfer of radioactive source material under
				RCW
				   70.98.080, except that the issuance, revocation
				or suspension of individual licenses thereto shall be exempt. However, licenses
				to operate low level burial facilities or licenses to operate or expand beyond
				design capacity, mineral processing facilities or their tailings areas whose
				products or byproducts have concentrations of naturally occurring radioactive
				materials in excess of exempt concentrations, as specified in WAC 402-20-250,
				shall not be exempt.
(2) The approval
				of a comprehensive plan for public water supply systems servicing one thousand or
				more units under WAC 248-54-065.
(3)
				The approval of engineering reports or plans and specifications under WAC
				248-54-085 and 248-54-095, for all surface water source development, all water
				system storage facilities greater than one-half million gallons, new transmission
				lines longer than one thousand feet located in new rights of way and major
				extensions to existing water distribution systems.
(4) The approval of an application for a
				certificate of need under RCW 70.38.120 for construction of a new hospital or
				medical facility or for major additions to existing service capacity of such
				institutions.
(5) The approval of an
				application for any system of sewerage and/or water general plan or amendments
				under RCW
				   36.94.100.
(6) The approval of any plans and
				specifications for new sewage treatment works or major extensions to existing
				sewer treatment works submitted to the department under WAC 248-92-040.
(7) The construction of any building, facility
				or other installation not exempt by WAC
				197-11-800 for the purpose of
				housing department personnel, or fulfilling statutorily directed or authorized
				functions for example, prisons).
(8)
				The approval of any final plans for construction of a nursing home pursuant to
				WAC 248-14-100, construction of a private psychiatric hospital pursuant to WAC
				248-22-005 or construction of an alcoholism treatment center pursuant to WAC
				248-22-510.
Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-845, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-850 - Department of agriculture

Current through Register Vol. 24-14, July 15, 2024
All department of agriculture actions are exempted, except for
				  the following:
(1) The approval of any
				application for a commercial registered feedlot, quarantined registered feedlot
				under chapter 16.36
				RCW, or chapters 16-28 and 16-30 WAC.
(2) The issuance or amendment of any regulation
				respecting restricted-use pesticides under chapter 15.58 RCW that would have the
				effect of allowing the use of a pesticide previously prohibited by Washington
				state.
(3) The removal of any
				pesticide from the list of restricted-use pesticides established in WAC
				16-228-155 so as to permit sale of such pesticides to home and garden users,
				unless the pesticide is no longer manufactured and is not available.
(4) The removal of any pesticide from the list
				of highly toxic and restricted-use pesticides established under WAC 16-228-165 so
				as to authorize sale of such pesticides to persons not holding an annual user
				permit, an applicator certificate, or an applicator operator license, unless the
				pesticide is no longer manufactured and is not available.
(5) The removal of any pesticide from the
				category of highly toxic pesticide formulations established in WAC 16-228-165 so
				as to permit the sale of such pesticides by persons not possessing a pesticide
				dealer's license, unless the pesticide is no longer manufactured and is not
				available.
(6) The approval of any
				use of the pesticide DDT or DDD except for those uses approved by the centers for
				disease control of the United States Department of Health and Human Services
				(such as control of rabid bats).
(7)
				The issuance of a license to operate a public livestock market under
				RCW
				   16.65.030.
(8) The provisions of WAC
				197-11-800(13)(i) shall apply to allow possible exemption of renewals of the licenses in (1)
				through (7) above.
Statutory Authority:
					 RCW
					    43.21A.090,
					 chapter
					 43.21C RCW,
					 RCW
					    43.21C.035,
					 43.21C.037,
					 43.21C.038,
					 43.21C.0381,
					 43.21C.0382,
					 43.21C.0383,
					 43.21C.110,
					 43.21C.222. 03-16-067 (Order 02-12),
					 §
											197-11-850, filed 8/1/03, effective
					 9/1/03. Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-850, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-855 - Department of ecology

Current through Register Vol. 24-14, July 15, 2024
The following activities of the department of ecology shall be
				  exempt:
(1) Review of comprehensive
				solid waste management plans under
				RCW
				   70.95.100 and
				70.95.110.
(2) Granting or denial of certification of
				consistency pursuant to the Federal Coastal Zone Management Act (16 U.S.C.
				1451).
(3) Issuance of short-term water quality
				standards modification, pursuant to chapter 173-201 WAC, for minor projects when
				the water violations would:
(a) Result in
				turbidity violations only;
(b) Be
				less than fourteen days duration;
(c)
				Be mitigated by a current hydraulic project approval conditioned to protect the
				fishery resource; and
(d) Not
				significantly impair beneficial uses of the affected water body.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part NINE - CATEGORICAL EXEMPTIONS › Section 197-11-860 - Department of transportation

Current through Register Vol. 24-14, July 15, 2024
The following activities of the department of transportation
				  shall be exempt:
(1) Approval of the
				annual highway safety work program involving the highway-related safety standards
				pursuant to 23 U.S.C.
				402;
(2) Issuance of road approach permits and right
				of way rental agreements;
(3)
				Establishment and changing of speed limits of 55 miles per hour or
				less;
(4) Revisions of existing
				access control involving a single property owner;
(5) Issuance of a "motorist information signing
				permit," granting a private business person the privilege of having a sign on
				highway right of way which informs the public of the availability of his or her
				services;
(6) Issuance of permits for
				special units relative to state highways;
(7) Issuance of permits for the movement of
				over-legal size and weight vehicles on state highways;
(8) Issuance of encroachment permits for road
				approaches, fences and landfills on highway right of way;
(9) Issuance of permits for utility occupancy
				of highway rights of way for use for distribution (as opposed to
				transmission).
Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-860, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-865 - Utilities and transportation commission

Current through Register Vol. 24-14, July 15, 2024
All utilities and transportation commission actions are
				  exempted, except the following:
(1)
				Issuance of common carrier motor freight authority under
				chapter
				81.80 RCW that would
				authorize a new service, or extend an existing transportation service in the
				fields of petroleum and petroleum products in bulk in tank type vehicles,
				radioactive substances, explosives, or corrosives;
(2) Authorization of the openings or closing of
				any highway/railroad grade crossing, or the direction of physical connection of
				the line of one railroad with that of another;
(3) Regulation of oil and gas pipelines under
				chapter 81.88 RCW; and
(4) The
				approval of utility and transportation rates where the funds realized as a result
				of such approved rates will or are intended to finance construction of a project,
				approval of which would not be otherwise exempt under WAC
				197-11-800, and where at the time
				of such rate approval no responsible official of any state or federal agency has
				conducted the environmental analysis prescribed by this chapter or the
				appropriate provisions of NEPA, whichever is applicable.
Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-865, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-870 - Department of commerce

Current through Register Vol. 24-14, July 15, 2024
The following activities of the department of commerce shall
				  be exempt:
(1) The provisions of
				business consulting and advisory services that include tourist promotion under
				RCW 43.31.050.
(2) The promotion and
				development of foreign trade under RCW 43.31.370.
(3) The furnishing of technical and information
				services under RCW 43.31.060.
(4) The
				provision of technical assistance to applicants for loans and aid and/or grants
				by the community of economic revitalization board under
				chapter
				43.160 RCW.
(5) The conduct of research and economic
				analysis under RCW 43.31.070, including the provision of consulting and advisory
				services and recommendations to state and local officials, agencies and
				governmental bodies as authorized under RCW 43.31.160, 43.31.200 and
				43.31.210.
Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-870, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-875 - Other agencies

Current through Register Vol. 24-14, July 15, 2024
Except for building construction (the majority of which is
				  undertaken through the department of enterprise services), all activities of the
				  following state agencies are exempted:
(1) Office of the attorney general.
(2) Office of the auditor.
(3) Department of employment
				security.
(4) Office of the insurance
				commissioner.
(5) Department of
				enterprise services.
(6) Office of
				financial management.
(7) Department
				of revenue.
(8) Office of the
				secretary of state.
(9) Office of the
				treasurer.
(10) Arts
				commission.
(11) Washington state
				patrol.
(12) Recreation and
				conservation office.
(13) Emergency
				management division.
(14) Department
				of financial institutions.
(15)
				Public employees' retirement system.
(16) Law enforcement officers' and
				firefighters' retirement board.
(17)
				Board for volunteer firefighters and reserve officers.
(18) State department of retirement
				systems.
(19) Pollution control
				hearings board.
Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-875, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-880 - Emergencies

Current through Register Vol. 24-14, July 15, 2024
Actions that must be undertaken immediately or within a time
				  too short to allow full compliance with this chapter, to avoid an imminent threat
				  to public health or safety, to prevent an imminent danger to public or private
				  property, or to prevent an imminent threat of serious environmental degradation,
				  shall be exempt. Agencies may specify these emergency actions in their
				  procedures.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-880, 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 NINE - CATEGORICAL EXEMPTIONS › Section 197-11-890 - Petitioning DOE to change exemptions

Current through Register Vol. 24-14, July 15, 2024
(1)
				Except for the preceding section, agencies may create additional exemptions in
				their procedures only after receiving approval from the department of ecology
				under this section.
(2) An agency may
				petition the department to adopt additional exemptions or to delete existing
				exemptions by amending these rules. The petition shall be made under
				RCW
				   34.05.330. The petition shall state the
				language of the requested amendment, the petitioning agency's views on the
				environmental impacts of the activities covered by the proposed amendment, and
				the approximate number of actions of this type which have come before the
				petitioning agency over a particular period of time. The department shall
				consider and decide upon a petition within sixty days of receipt. If the
				determination is favorable, the department shall begin rule making under
				chapter
				34.05 RCW. Any resulting
				amendments will apply either generally or to specified classes of agencies.
				Affected agencies shall amend their procedures accordingly.
(3) An agency may also petition the department
				for an immediate ruling upon any request to add, delete, or change an exemption.
				If such a petition is granted, the department will notify the petitioning agency,
				which may immediately include the change approved by the department in its own
				procedures. The department may thereafter begin rule making proceedings to amend
				these rules. Until these rules are amended, any change granted under this
				subsection shall apply only to the petitioning agency or agencies.
(4) The department will provide public notice
				of any proposed amendments to these rules in the manner required by the
				Administrative Procedure Act,
				chapter
				34.05 RCW. A copy of all
				approvals by the department under the preceding subsection shall be given to any
				person requesting the department for advance notice of rule making.
Statutory Authority:
					 RCW
					 43.21C.110. 95-07-023 (Order 94-22), §
											197-11-890, filed 3/6/95, effective
					 4/6/95; 84-05-020 (Order DE 83-39), §
											197-11-890, 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 TEN - AGENCY COMPLIANCE › Section 197-11-900 - Purpose of this part

Current through Register Vol. 24-14, July 15, 2024
The purpose of this part is to:
(1) Require each agency to adopt its own rules
				and procedures to carry out SEPA and ensure that agency rules and procedures
				shall have the force and effect of law and shall be consistent with these uniform
				statewide rules.
(2) Require agencies
				to include certain items in their rules.
(3) Ensure the documents prepared under the act
				are available to the public.
(4)
				Identify agencies with environmental expertise.
(5) Provide rules for determining the lead
				agency.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-900, 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 TEN - AGENCY COMPLIANCE › Section 197-11-902 - Agency SEPA policies

Current through Register Vol. 24-14, July 15, 2024
(1) The act and these
				rules allow agencies to condition or deny proposals if such action is based upon
				policies identified by the appropriate governmental authority. These policies
				must be incorporated into regulations, plans, or codes formally designated by the
				agency (or appropriate legislative body, in the case of local government) as
				possible bases for the exercise of substantive authority under SEPA.
				(RCW
				   43.21C.060; WAC
				197-11-660.) State and local
				policies so designated are called "agency SEPA policies" in these
				rules.
(2) Agencies are required to
				designate their SEPA policies not later than one hundred eighty days after the
				effective date of these rules (or the creation of the agency). In order to
				condition or deny a proposal, an agency must comply with the provisions of
				RCW
				   43.21C.060 and WAC
				197-11-660. If an agency has
				already formally designated agency SEPA policies that meet the requirements of
				the act and these rules, the agency is not required to adopt them again. Agencies
				may revise or add to their SEPA policies at any time. Although agency SEPA
				procedures cannot change the provisions of these rules concerning substantive
				authority and mitigation (WAC
				197-11-906(2)), agency SEPA policies are encouraged to identify specific mitigation measures or
				techniques.
(3) An agency's document
				that includes or references by citation their agency SEPA policies (WAC
				197-11-660(3)) 
				may be included in agency SEPA procedures (WAC
				197-11-904). Public notice and
				opportunity for public comment shall be provided as part of the agency process
				for formally designating its SEPA policies.
(4) Depending on their content, the formal
				designation of agency SEPA policies will not necessarily require any
				environmental review and will normally be categorically exempt as a procedural
				action under WAC
				197-11-800(19).
				For example, the policies may merely compile, reorganize, or reference laws or
				policies currently on the books, or may otherwise be procedural in nature, such
				as requiring decision makers to consider certain factors.
Statutory Authority:
					 RCW
					 43.21A.090,
					 chapter
					 43.21C RCW,
					 RCW
					 43.21C.035,
					 43.21C.037,
					 43.21C.038,
					 43.21C.0381,
					 43.21C.0382,
					 43.21C.0383,
					 43.21C.110,
					 43.21C.222. 03-16-067 (Order 02-12),
					 §
											197-11-902, filed 8/1/03, effective
					 9/1/03. Statutory Authority:
					 RCW
					    43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-902, 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 TEN - AGENCY COMPLIANCE › Section 197-11-906 - Content and consistency of agency procedures

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Agency
				SEPA policies and procedures shall implement and be consistent with the rules in
				this chapter. Unless optional or permissive (see WAC
				197-11-704), all of the provisions
				of this chapter are mandatory, and agency procedures shall incorporate these
				rules and criteria.
(b) Permissive
				and optional rules shall
not
be construed as mandatory
				requirements. Rules giving encouragement or guidance shall also not be construed
				as mandatory. The decision on whether to apply an optional provision rests with
				the responsible official.
(c) Except
				as stated in the next subsection, the rules in this chapter are not exclusive,
				and agencies may add procedures and criteria. However, any additional material
				shall not be inconsistent with, contradict, or make compliance with any provision
				of these rules a practical impossibility. Any additional material shall be
				consistent with SEPA.
(d) Agency
				procedures shall also include the procedures required by sections WAC
				197-11-055(3)(a) and
				(4),
				197-11-420(1) and
				(4), and
				197-11-910.
(e) Agency procedures may include procedures
				under WAC 197-11-055(2) and
				(7),
				197-11-100(3),
				197-11-680,
				197-11-714(2),
				197-11-800(1), and
				197-11-908. Any such procedures
				shall include the content required by those rules.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-908 - Critical areas

Current through Register Vol. 24-14, July 15, 2024
(1) Each county/city
				may select certain categorical exemptions that do not apply in one or more
				critical areas designated in a critical areas ordinance adopted under GMA
				(RCW
				   36.70A.060). The selection of exemptions that
				will not apply may be made from the following subsections of WAC
				197-11-800: (1), (2)(a) through
				(h), (3), (5), (6)(a), (13)(c), (23)(a) through (g), and (24)(c), (e), (g), (h).
The scope of environmental review of actions within these areas
				  shall be limited to:
(a) Documenting
				whether the proposal is consistent with the requirements of the critical areas
				ordinance; and
(b) Evaluating
				potentially significant impacts on the critical area resources not adequately
				addressed by GMA planning documents and development regulations, if any,
				including any additional mitigation measures needed to protect the critical areas
				in order to achieve consistency with SEPA and other applicable environmental
				review laws.
All other categorical exemptions apply whether or not the
				  proposal will be located within a critical area. Exemptions selected by an agency
				  under this section shall be listed in the agency's SEPA procedures (WAC
				  197-11-906).
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-910 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
Agency SEPA procedures shall designate or provide a method of
				  designating the responsible official with speed and certainty (WAC
				  197-11-906(1)(d)). This designation may vary depending upon the nature of the proposal. The
				  responsible official shall carry out the duties and functions of the agency when
				  it is acting as the lead agency under these guidelines. Since it is possible
				  under these rules for an agency to be acting as a lead agency prior to actually
				  receiving an application for a license to undertake a private project,
				  designation of the first department within the agency to receive an application
				  as the responsible official will not be sufficient.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-910, 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 TEN - AGENCY COMPLIANCE › Section 197-11-912 - Procedures of consulted agencies

Current through Register Vol. 24-14, July 15, 2024
Each agency shall develop internal procedures, manuals, or
				  guidance for providing responses to consultation requests from other agencies
				  pertaining to threshold investigations, the scoping process, or EISs. Such
				  procedures shall ensure that the agency will comply with the requirements of Part
				  Five of these rules. It is recommended that these procedures be integrated within
				  existing procedures of investigating license applications when the consulted
				  agency is also an acting agency.
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-912, filed 10/10/97,
					 effective 11/10/97. Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-912, 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 TEN - AGENCY COMPLIANCE › Section 197-11-914 - SEPA fees and costs

Current through Register Vol. 24-14, July 15, 2024
(1) Except for the
				costs allowed by this chapter (see, for example, sections WAC
				197-11-080,
				197-11-100,
				197-11-340(3)(a),
				197-11-420(4),
				197-11-440(2)(l),
				197-11-504,
				197-11-508,
				197-11-570,
				197-11-600(3)(c) pertaining to the cost of preparing environmental documents), these rules neither
				authorize nor prohibit the imposition of fees to cover the costs of SEPA
				compliance.
(2) A person required to
				pay an impact fee for system improvements under
				RCW
				   82.02.050 through
				82.02.090 shall not be required to
				pay a fee under SEPA for the same system improvements.
Statutory Authority: 1995 c 347 (ESHB 1724) and
					 RCW
					 43.21C.110. 97-21-030 (Order 95-16), §
											197-11-914, filed 10/10/97,
					 effective 11/10/97. Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-914, 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 TEN - AGENCY COMPLIANCE › Section 197-11-916 - Application to ongoing actions

Current through Register Vol. 24-14, July 15, 2024
(1) Agency
				SEPA procedures shall apply to any proposal initiated after the effective date of
				the lead agency's SEPA procedures or those of the agency proposing the
				action.
(2) For proposals made before
				the effective date of revised lead agency SEPA procedures, the revised procedures
				shall apply to those elements of SEPA compliance initiated after the procedures
				went into effect. Agency procedures adopted under
				RCW
				   43.21C.120 and these rules shall not be applied
				to invalidate or require modification of any threshold determination, EIS or
				other element of SEPA compliance undertaken or completed before the effective
				date of the procedures of the lead agency or of the agency proposing the
				action.
(3) Agencies are responsible
				for compliance with any statutory requirements that went into effect before the
				adoption of these rules and agency SEPA procedures (for example, the statutory
				requirements for appeals).
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-916, 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 TEN - AGENCY COMPLIANCE › Section 197-11-917 - Relationship to chapter 197-10 WAC

Current through Register Vol. 24-14, July 15, 2024
Chapter 197-10 WAC, the original SEPA guidelines, has not been
				  repealed because the existing guidelines of many agencies adopt portions of
				  chapter 197-10 WAC by reference. Chapter 197-10 WAC also continues to apply for
				  the next one hundred eighty days if an agency has not adopted procedures
				  implementing SEPA (WAC 197-10-900(2) and
				  197-11-904). The department of
				  ecology intends to repeal chapter 197-10 WAC one hundred eighty days after the
				  effective date of chapter 197-11 WAC.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-917, 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 TEN - AGENCY COMPLIANCE › Section 197-11-918 - Lack of agency procedures

Current through Register Vol. 24-14, July 15, 2024
If an agency fails to adopt rules, ordinances, resolutions, or
				  regulations implementing SEPA within the one hundred eighty-day time period
				  required by RCW    43.21C.120, the rules in this
				  chapter shall be applied as practicable to the actions of such
				  agency.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-918, 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 TEN - AGENCY COMPLIANCE › Section 197-11-920 - Agencies with environmental expertise

Current through Register Vol. 24-14, July 15, 2024
The following agencies shall be regarded as possessing special
				  expertise relating to those categories of the environment under which they are
				  listed:
(1) Air quality.
(a) Department of ecology.
(b) Department of natural resources (only for
				burning in forest areas).
(c)
				Department of health.
(d) Regional
				air pollution control authority or agency.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-922 - Lead agency rules

Current through Register Vol. 24-14, July 15, 2024
The rules for deciding when and how an agency is the lead
				  agency (WAC
				  197-11-050)  are contained in this
				  part. The method and criteria for lead agency selection are in WAC
				  197-11-924. Lead agency rules for
				  different types of proposals as well as for specific proposals are in WAC
				  197-11-926 through
				  197-11-940. Rules for interagency
				  agreements are in WAC
				  197-11-942 through
				  197-11-944. Rules for asking the
				  department of ecology to resolve lead agency disputes are in WAC
				  197-11-946. Rules for the
				  assumption of lead agency status by another agency with jurisdiction are in WAC
				  197-11-948.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-922, 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 TEN - AGENCY COMPLIANCE › Section 197-11-924 - Determining the lead agency

Current through Register Vol. 24-14, July 15, 2024
(1) The
				first agency receiving an application for or initiating a nonexempt proposal
				shall determine the lead agency for that proposal, unless the lead agency has
				been previously determined, or the agency receiving the proposal is aware that
				another agency is determining the lead agency. The lead agency shall be
				determined by using the criteria in WAC
				197-11-926 through
				197-11-944.
(2) If an agency determines that another agency
				is the lead agency, it shall mail to such lead agency a copy of the application
				it received, together with its determination of lead agency and an explanation.
				If the agency receiving this determination agrees that it is the lead agency, it
				shall notify the other agencies with jurisdiction. If it does not agree, and the
				dispute cannot be resolved by agreement, the agencies shall immediately petition
				the department of ecology for a lead agency determination under WAC
				197-11-946.
(3) Any agency receiving a lead agency
				determination to which it objects shall either resolve the dispute, withdraw its
				objection, or petition the department for a lead agency determination within
				fifteen days of receiving the determination.
(4) An applicant may also petition the
				department to resolve the lead agency dispute under WAC
				197-11-946.
(5) To make the lead agency determination, an
				agency must determine to the best of its ability the range of proposed actions
				for the proposal (WAC
				197-11-060)  and the other agencies
				with jurisdiction over some or all of the proposal. This can be done by:
(a) Describing or requiring an applicant to
				describe the main features of the proposal;
(b) Reviewing the list of agencies with
				expertise;
(c) Contacting potential
				agencies with jurisdiction either orally or in writing.
Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-926 - Lead agency for governmental proposals

Current through Register Vol. 24-14, July 15, 2024
(1)
				When an agency initiates a proposal, it is the lead agency for that proposal. If
				two or more agencies share in the implementation of a proposal, the agencies
				shall by agreement determine which agency will be the lead agency. For the
				purposes of this section, a proposal by an agency does not include proposals to
				license private activity.
(2)
				Whenever possible, agency people carrying out SEPA procedures should be different
				from agency people making the proposal.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-926, 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 TEN - AGENCY COMPLIANCE › Section 197-11-928 - Lead agency for public and private proposals

Current through Register Vol. 24-14, July 15, 2024
When the proposal involves both private and public activities,
				  it shall be characterized as either a private or a public project for the
				  purposes of lead agency designation, depending upon whether the primary sponsor
				  or initiator of the project is an agency or from the private sector. Any project
				  in which agency and private interests are too intertwined to make this
				  characterization shall be considered a public project. The lead agency for all
				  public projects shall be determined under WAC
				  197-11-926.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-928, 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 TEN - AGENCY COMPLIANCE › Section 197-11-930 - Lead agency for private projects with one agency with jurisdiction

Current through Register Vol. 24-14, July 15, 2024
For proposed private projects for which there is only one
				  agency with jurisdiction, the lead agency shall be the agency with
				  jurisdiction.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-930, 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 TEN - AGENCY COMPLIANCE › Section 197-11-932 - Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city

Current through Register Vol. 24-14, July 15, 2024
For proposals for private projects that require nonexempt
				  licenses from more than one agency, when at least one of the agencies requiring
				  such a license is a county/city, the lead agency shall be that county/city within
				  whose jurisdiction is located the greatest portion of the proposed project area,
				  as measured in square feet. For the purposes of this section, the jurisdiction of
				  a county shall not include the areas within the limits of cities or towns within
				  such county.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-932, 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 TEN - AGENCY COMPLIANCE › Section 197-11-934 - Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies

Current through Register Vol. 24-14, July 15, 2024
When a proposed private project requires nonexempt licenses
				  only from a local agency other than a county/city and one or more state agencies,
				  the lead agency shall be the local agency.
Statutory Authority:
					 RCW
					 43.21C.110. 84-05-020 (Order DE 83-39), §
											197-11-934, 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 TEN - AGENCY COMPLIANCE › Section 197-11-936 - Lead agency for private projects requiring licenses from more than one state agency

Current through Register Vol. 24-14, July 15, 2024
(1) For private
				projects which require licenses from more than one state agency, but require no
				license from a local agency, the lead agency shall be one of the state agencies
				requiring a license, based upon the following order of priority:
(a) Department of ecology.
(b) Department of health.
(c) Department of natural resources.
(d) Department of fish and wildlife.
(e) Utilities and transportation
				commission.
(f) Department of
				licensing.
(g) Department of labor
				and industries.