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(continued) nance, or resolution is adopted by reference pursuant to subsection (1) of this section, any publication of such rule, ordinance, or resolution shall be accompanied by a summary of the contents of the sections of the Washington Administrative Code referred to. Such summaries shall be provided to the adopting units of local government by the department of ecology: PROVIDED, That any proposal for a rule, ordinance or resolution which would adopt by reference rules and guidelines or model ordinances pursuant to this section shall be accompanied by the full text of the material to be adopted which need not be published but shall be maintained on file for public use and examination.
(3) Whenever any rule, ordinance, or resolution is adopted by reference pursuant to subsection (1) of this section, the corporation, political subdivision, or county of the state adopting the rule, ordinance, or resolution shall maintain on file for public use and examination not less than three copies of the sections of the Washington Administrative Code referred to.
[1975-'76 2nd ex.s. c 99 § 1.]
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43.21C.150
RCW 43.21C.030(2)(c) inapplicable when statement previously prepared pursuant to national environmental policy act.
The requirements of RCW 43.21C.030(2)(c) pertaining to the preparation of a detailed statement by branches of government shall not apply when an adequate detailed statement has been previously prepared pursuant to the national environmental policy act of 1969, in which event said prepared statement may be utilized in lieu of a separately prepared statement under RCW 43.21C.030(2)(c).
[1975 1st ex.s. c 206 § 1; 1974 ex.s. c 179 § 12.]
Notes: Purpose -- 1974 ex.s. c 179: See note following RCW 43.21C.080.
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43.21C.160
Utilization of statement prepared under RCW 43.21C.030 to implement *chapter 90.62 RCW — Utilization of *chapter 90.62 RCW procedures to satisfy RCW 43.21C.030(2)(c).
In the implementation of *chapter 90.62 RCW (the Environmental Coordination Procedures Act of 1973), the department of ecology, consistent with guidelines adopted by the council shall adopt rules which insure that one detailed statement prepared under RCW 43.21C.030 may be utilized by all branches of government participating in the processing of a master application. Whenever the procedures established pursuant to *chapter 90.62 RCW are used, those procedures shall be utilized wherever possible to satisfy the procedural requirements of RCW 43.21C.030(2)(c). The time limits for challenges provided for in RCW 43.21C.080(2) shall be applicable when such procedures are so utilized.
[1974 ex.s. c 179 § 13.]
Notes: *Reviser's note: Chapter 90.62 RCW was repealed by 1995 c 347 § 619.
Purpose -- 1974 ex.s. c 179: See note following RCW 43.21C.080.
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43.21C.165
Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.160 — Procedure — Finality.
See RCW 43.21B.250.
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43.21C.170
Council on environmental policy.
The legislature may establish a council on environmental policy to review and assist in the implementation of this chapter.
[1983 c 117 § 6; 1974 ex.s. c 179 § 4. Formerly RCW 43.21C.100.]
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43.21C.175
Council on environmental policy — Personnel.
The council may employ such personnel as are necessary for the performances of its duties.
[1974 ex.s. c 179 § 5. Formerly RCW 43.21C.105.]
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43.21C.210
Certain actions during state of emergency exempt from chapter.
This chapter does not apply to actions authorized by RCW 43.37.215 and 43.37.220 which are undertaken during a state of emergency declared by the governor under RCW 43.06.210.
[1981 c 278 § 4.]
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43.21C.220
Incorporation of city or town exempt from chapter.
The incorporation of a city or town is exempted from compliance with this chapter.
[1982 c 220 § 6.]
Notes: Severability -- 1982 c 220: See note following RCW 36.93.100.
Incorporation proceedings exempt from chapter: RCW 36.93.170.
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43.21C.222
Annexation by city or town exempt from chapter.
Annexation of territory by a city or town is exempted from compliance with this chapter.
[1994 c 216 § 19.]
Notes: Effective date -- 1994 c 216: See note following RCW 35.02.015.
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43.21C.225
Consolidation and annexation of cities and towns exempt from chapter.
Consolidations of cities or towns, and the annexations of all of a city or town by another city or town, are exempted from compliance with this chapter.
[1985 c 281 § 29.]
Notes: Severability -- 1985 c 281: See RCW 35.10.905.
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43.21C.227
Disincorporation of a city or town or reduction of city or town limits exempt from chapter.
(1) The disincorporation of a city or town is exempt from compliance with this chapter.
(2) The reduction of city or town limits is exempt from compliance with this chapter.
[2002 c 93 § 2.]
Notes: Intent -- 2002 c 93: "Incorporations and annexations are exempt from the state environmental policy act. However, there are no comparable exemptions for reductions of city limits or disincorporations. It is the legislature's intent to provide that a reduction in city limits or disincorporation is not subject to the state environmental policy act." [2002 c 93 § 1.]
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43.21C.229
Infill development — Categorical exemptions from chapter.
(1) In order to accommodate infill development and thereby realize the goals and policies of comprehensive plans adopted according to chapter 36.70A RCW, a city or county planning under RCW 36.70A.040 is authorized by this section to establish categorical exemptions from the requirements of this chapter. An exemption adopted under this section applies even if it differs from the categorical exemptions adopted by rule of the department under RCW 43.21C.110(1)(a). An exemption may be adopted by a city or county under this section if it meets the following criteria:
(a) It categorically exempts government action related to development that is new residential or mixed-use development proposed to fill in an urban growth area designated according to RCW 36.70A.110, where current density and intensity of use in the area is lower than called for in the goals and policies of the applicable comprehensive plan;
(b) It does not exempt government action related to development that would exceed the density or intensity of use called for in the goals and policies of the applicable comprehensive plan; and
(c) The city or county's applicable comprehensive plan was previously subjected to environmental analysis through an environmental impact statement under the requirements of this chapter prior to adoption.
(2) Any categorical exemption adopted by a city or county under this section shall be subject to the rules of the department adopted according to RCW 43.21C.110(1)(a) that provide exceptions to the use of categorical exemptions adopted by the department.
[2003 c 298 § 1.]
Notes:Severability -- 2003 c 298: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2003 c 298 § 3.]
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43.21C.230
Development and adoption of plan under chapter 43.180 RCW exempt from chapter.
This chapter does not apply to the development or adoption of the plan required to be developed and adopted under chapter 43.180 RCW.
[1983 c 161 § 29.]
Notes: Severability -- Effective dates -- 1983 c 161: See RCW 43.180.903 and 43.180.904.
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43.21C.240
Project review under the growth management act.
(1) If the requirements of subsection (2) of this section are satisfied, a county, city, or town reviewing a project action shall determine that the requirements for environmental analysis, protection, and mitigation measures in the county, city, or town's development regulations and comprehensive plans adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws and rules provide adequate analysis of and mitigation for the specific adverse environmental impacts of the project action to which the requirements apply. Rules adopted by the department according to RCW 43.21C.110 regarding project specific impacts that may not have been adequately addressed apply to any determination made under this section. In these situations, in which all adverse environmental impacts will be mitigated below the level of significance as a result of mitigation measures included by changing, clarifying, or conditioning of the proposed action and/or regulatory requirements of development regulations adopted under chapter 36.70A RCW or other local, state, or federal laws, a determination of nonsignificance or a mitigated determination of nonsignificance is the proper threshold determination.
(2) A county, city, or town shall make the determination provided for in subsection (1) of this section if:
(a) In the course of project review, including any required environmental analysis, the local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws; and
(b) The local government bases or conditions its approval on compliance with these requirements or mitigation measures.
(3) If a county, city, or town's comprehensive plans, subarea plans, and development regulations adequately address a project's probable specific adverse environmental impacts, as determined under subsections (1) and (2) of this section, the county, city, or town shall not impose additional mitigation under this chapter during project review. Project review shall be integrated with environmental analysis under this chapter.
(4) A comprehensive plan, subarea plan, or development regulation shall be considered to adequately address an impact if the county, city, or town, through the planning and environmental review process under chapter 36.70A RCW and this chapter, has identified the specific adverse environmental impacts and:
(a) The impacts have been avoided or otherwise mitigated; or
(b) The legislative body of the county, city, or town has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by chapter 36.70A RCW.
(5) In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the county, city, or town shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.
(6) Nothing in this section limits the authority of an agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter.
(7) This section shall apply only to a county, city, or town planning under RCW 36.70A.040.
[2003 c 298 § 2; 1995 c 347 § 202.]
Notes: Severability -- 2003 c 298: See note following RCW 43.21C.229.
Findings -- Intent -- 1995 c 347 § 202: "(1) The legislature finds in adopting RCW 43.21C.240 that:
(a) Comprehensive plans and development regulations adopted by counties, cities, and towns under chapter 36.70A RCW and environmental laws and rules adopted by the state and federal government have addressed a wide range of environmental subjects and impacts. These plans, regulations, rules, and laws often provide environmental analysis and mitigation measures for project actions without the need for an environmental impact statement or further project mitigation.
(b) Existing plans, regulations, rules, or laws provide environmental analysis and measures that avoid or otherwise mitigate the probable specific adverse environmental impacts of proposed projects should be integrated with, and should not be duplicated by, environmental review under chapter 43.21C RCW.
(c) Proposed projects should continue to receive environmental review, which should be conducted in a manner that is integrated with and does not duplicate other requirements. Project-level environmental review should be used to: (i) Review and document consistency with comprehensive plans and development regulations; (ii) provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level; and (iii) ensure accountability by local government to applicants and the public for requiring and implementing mitigation measures.
(d) When a project permit application is filed, an agency should analyze the proposal's environmental impacts, as required by applicable regulations and the environmental review process required by this chapter, in one project review process. The project review process should include land use, environmental, public, and governmental review, as provided by the applicable regulations and the rules adopted under this chapter, so that documents prepared under different requirements can be reviewed together by the public and other agencies. This project review will provide an agency with the information necessary to make a decision on the proposed project.
(e) Through this project review process: (i) If the applicable regulations require studies that adequately analyze all of the project's specific probable adverse environmental impacts, additional studies under this chapter will not be necessary on those impacts; (ii) if the applicable regulations require measures that adequately address such environmental impacts, additional measures would likewise not be required under this chapter; and (iii) if the applicable regulations do not adequately analyze or address a proposal's specific probable adverse environmental impacts, this chapter provides the authority and procedures for additional review.
(2) The legislature intends that a primary role of environmental review under chapter 43.21C RCW is to focus on the gaps and overlaps that may exist in applicable laws and requirements related to a proposed action. The review of project actions conducted by counties, cities, and towns planning under RCW 36.70A.040 should integrate environmental review with project review. Chapter 43.21C RCW should not be used as a substitute for other land use planning and environmental requirements." [1995 c 347 § 201.]
Finding -- Severability -- Part headings and table of contents not law -- 1995 c 347: See notes following RCW 36.70A.470.
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43.21C.250
Forest practices board — Emergency rules — Exempt from chapter.
The duration and process for adopting emergency rules by the forest practices board pertaining to forest practices and the protection of aquatic resources as provided in RCW 76.09.055 are exempt from the procedural requirements of this chapter.
[1999 sp.s. c 4 § 203.]
Notes: Effective date -- 1999 sp.s. c 4 §§ 201, 202, and 203: See note following RCW 76.09.055.
Part headings not law -- 1999 sp.s. c 4: See note following RCW 77.85.180.
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43.21C.260
Certain actions not subject to RCW 43.21C.030(2)(c) — Threshold determination on a watershed analysis.
(1) Decisions pertaining to the following kinds of actions under chapter 4, Laws of 1999 sp. sess. are not subject to any procedural requirements implementing RCW 43.21C.030(2)(c): (a) Approval of forest road maintenance and abandonment plans under chapter 76.09 RCW and *RCW 77.55.100; (b) approval by the department of natural resources of future timber harvest schedules involving east-side clear cuts under rules implementing chapter 76.09 RCW; (c) acquisitions of forest lands in stream channel migration zones under RCW 76.09.040; and (d) acquisitions of conservation easements pertaining to forest lands in riparian zones under RCW 76.13.120.
(2) For purposes of the department's threshold determination on a watershed analysis, the department shall not make a determination of significance unless the prescriptions themselves, compared to rules or prescriptions in place prior to the analysis, will cause probable significant adverse impact on elements of the environment other than those addressed in the watershed analysis process. Nothing in this subsection shall be construed to effect the outcome of pending litigation regarding the department's authority in making a threshold determination on a watershed analysis.
[2003 c 39 § 24; 1999 sp.s. c 4 § 1201.]
Notes: *Reviser's note: RCW 77.55.100 was repealed by 2005 c 146 § 1006.
Part headings not law -- 1999 sp.s. c 4: See note following RCW 77.85.180.
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43.21C.270
Certain secure community transition facilities not subject to this chapter. (Expires June 30, 2009.)
An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW. To meet this emergency, secure community transition facilities sited pursuant to the preemption provisions of RCW 71.09.342 and secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the provisions of this chapter.
This section expires June 30, 2009.
[2002 c 68 § 12.]
Notes: Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
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43.21C.300
Workshops — Handbook.
The department of ecology shall conduct annual statewide workshops and publish an annual state environmental policy act handbook or supplement to assist persons in complying with the provisions of this chapter and the implementing rules. The workshops and handbook shall include, but not be limited to, measures to assist in preparation, processing, and review of environmental documents, relevant court decisions affecting this chapter or rules adopted under this chapter, legislative changes to this chapter, administrative changes to the rules, and any other information which will assist in orderly implementation of this chapter and rules.
The department shall develop the handbook and conduct the workshops in cooperation with, but not limited to, state agencies, the association of Washington cities, the Washington association of counties, educational institutions, and other groups or associations interested in the state environmental policy act.
[1983 c 117 § 9.]
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43.21C.400
Unfinished nuclear power projects — Council action exempt from this chapter.
Council actions pursuant to the transfer of the site or portions of the site under RCW 80.50.300 are exempt from the provisions of this chapter.
[1996 c 4 § 4.]
Notes: Severability -- Effective date -- 1996 c 4: See RCW 80.50.903 and 80.50.904.
Energy facility site evaluation council: RCW 80.50.030.
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43.21C.900
Short title.
This chapter shall be known and may be cited as the "State Environmental Policy Act" or "SEPA".
[1995 c 347 § 207; 1971 ex.s. c 109 § 7.]
Notes: Finding -- Severability -- Part headings and table of contents not law -- 1995 c 347: See notes following RCW 36.70A.470.
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43.21C.910
Severability — 1974 ex.s. c 179.
If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.
[1974 ex.s. c 179 § 16.]
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43.21C.911
Section headings not part of law — 1983 c 117.
Section headings as used in this act do not constitute any part of the law.
[1983 c 117 § 14.]
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43.21C.912
Applicability — 1983 c 117.
Sections 3 and 4 of this act apply to agency decisions and to appeal proceedings prospectively only and not retrospectively. Sections 1, 5, 6, 7, and 8 of this act may be applied by agencies retrospectively.
[1983 c 117 § 15.]
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43.21C.913
Severability — 1983 c 117.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[1983 c 117 § 16.]
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43.21C.914
Effective dates — 1983 c 117.
(1) Sections 1, 2, and 4 through 16 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [April 23, 1983].
(2) Section 3 of this act shall take effect one hundred eighty days after the remainder of this act goes into effect under subsection (1) of this section.
[1983 c 117 § 17.]