Washington Administrative Code

(1) If a GMA county/city with an integrated project review process (RCW 36.70B.060) is lead agency for a proposal and has a reasonable basis for determining significant adverse environmental impacts are unlikely, it may use a single integrated comment period to obtain comments on…

(1) If the responsible official determines that a proposal may have a probable significant adverse environmental impact, the responsible official shall prepare and issue a determination of significance (DS) substantially in the form provided in WAC 197-11-980. The DS shall descri…

(1) When the responsible official makes a threshold determination, it is final and binding on all agencies, subject to the provisions of this section and WAC 197-11-340, 197-11-360, and Part Six.(2) The responsible official's threshold determination:(a) For proposals listed in WA…

(1) The primary purpose of an environmental impact statement is to ensure that SEPA's policies are an integral part of the ongoing programs and actions of state and local government.(2) An EIS shall provide impartial discussion of significant environmental impacts and shall infor…

Agencies shall prepare environmental impact statements as follows:(1) EISs need analyze only the reasonable alternatives and probable adverse environmental impacts that are significant. Beneficial environmental impacts or other impacts may be discussed.(2) The level of detail sha…

(1) Draft and final environmental impact statements (EISs) shall be prepared; draft and final supplemental EISs may be prepared.(2) A draft EIS (DEIS) allows the lead agency to consult with members of the public, affected tribes, and agencies with jurisdiction and with expertise.…

The lead agency shall commence preparation of the environmental impact statement as close as possible to the time the agency is developing or is presented with a proposal, so that preparation can be completed in time for the final statement to be included in appropriate recommend…

(1) The lead agency shall narrow the scope of every EIS to the probable significant adverse impacts and reasonable alternatives, including mitigation measures. For example, if there are only two or three significant impacts or alternatives, the EIS shall be focused on those.(2) T…

(1) At its option, the lead agency may expand the scoping process to include any or all of the following, which may be applied on a proposal-by-proposal basis:(a) Using questionnaires or information packets.(b) Using meetings or workshops, which may be combined with any other ear…

For draft and final EISs and SEISs:(1) Preparation of the EIS is the responsibility of the lead agency, by or under the direction of its responsible official, as specified by the lead agency's procedures. No matter who participates in the preparation of the EIS, it is the EIS of …

(1) Environmental impact statements shall be readable reports, which allow the reader to understand the most significant and vital information concerning the proposed action, alternatives, and impacts, without turning to other documents, as provided below and in WAC 197-11-402.(2…

(1) A cover letter or memo from the lead agency shall precede the EIS (WAC 197-11-435). A fact sheet (WAC 197-11-440(2)) shall be the first section of every EIS.(2) The following format should be used unless the lead agency determines that a different format would improve clear p…

(1) A cover letter or memo shall precede every EIS, but shall not be considered part of the EIS for adequacy purposes.(2) The cover letter or memo:(a) Shall not exceed two pages;(b) Shall highlight the key environmental issues and options facing agency decision makers as known at…

(1) An EIS shall contain the following, in the style and format prescribed in the preceding sections.(2) Fact sheet. The fact sheet shall include the following information in this order:(a) A title and brief description (a few sentences) of the nature and location (by street addr…

(1) The lead agency shall have more flexibility in preparing EISs on nonproject proposals, because there is normally less detailed information available on their environmental impacts and on any subsequent project proposals. The EIS may be combined with other planning documents.(…

(1) The provisions for phased review (WAC 197-11-060(5)) and use of existing environmental documents, Part Six, apply to EISs on nonproject proposals.(2) A nonproject proposal may be approved based on an EIS assessing its broad impacts. When a project is then proposed that is con…

(1) Natural environment:(a) Earth:(i) Geology;(ii) Soils;(iii) Topography;(iv) Unique physical features;(v) Erosion/enlargement of land area (accretion);(b) Air:(i) Air quality;(ii) Odor;(iii) Climate;(c) Water:(i) Surface water movement/quantity/quality;(ii) Runoff/absorption;(i…

(1) SEPA contemplates that the general welfare, social, economic, and other requirements and essential considerations of state policy will be taken into account in weighing and balancing alternatives and in making final decisions. However, the environmental impact statement is no…

A cost-benefit analysis (WAC 197-11-726) is not required by SEPA. If a cost-benefit analysis relevant to the choice among environmentally different alternatives is being considered by an agency for the proposal, it may be incorporated by reference or appended to the statement as …

(1) A draft EIS shall be issued by the responsible official and sent to the following:(a) The department of ecology (2 copies).(b) Each federal agency with jurisdiction over the proposal.(c) Each agency with jurisdiction over or environmental expertise on the proposal.(d) Each ci…

(1) A final EIS (FEIS) shall be issued by the responsible official and sent to the department of ecology (2 copies), to all agencies with jurisdiction, to all agencies who commented on the DEIS, and to anyone requesting a copy of the FEIS. (Fees may be charged for the FEIS, see W…

This part provides rules for:(1) Notice and public availability of environmental documents, especially environmental impact statements;(2) Consultation and comment by agencies and members of the public on environmental documents;(3) Public hearings and meetings; and(4) Lead agenc…

(1) Agency efforts to involve other agencies and the public in the SEPA process should be commensurate with the type and scope of the environmental document.(2) Consulted agencies have a responsibility to respond in a timely and specific manner to requests for comments (WAC 197-1…

(1) SEPA documents required by these rules shall be retained by the lead agency and made available in accordance with chapter 42.17 RCW.(2) The lead agency shall make copies of any environmental document available in accordance with chapter 42.17 RCW, charging only those costs al…

(1) The department of ecology shall prepare a SEPA register that is web-based and updated daily, giving notice of all environmental documents required to be sent to the department of ecology under these rules, specifically:(a) DNSs under WAC 197-11-340(2);(b) DSs (scoping notices…

(1) When these rules require notice to be given under this section, the lead agency must use reasonable methods to inform the public and other agencies that an environmental document is being prepared or is available and that public hearing(s), if any, will be held. The agency ma…

(1) If a public hearing on the proposal is held under some other requirement of law, such hearing shall be open to consideration of the environmental impact of the proposal, together with any environmental document that is available. This does not require extension of the comment…

(1) Consulted agencies. If a consulted agency does not respond with written comments within the time periods for commenting on environmental documents, the lead agency may assume that the consulted agency has no information relating to the potential impact of the proposal as it r…

(1) Comments on an EIS, DNS, scoping notice or proposal shall be as specific as possible and may address either the adequacy of the environmental document or the merits of the alternatives discussed or both.(2) Commenters shall briefly describe the nature of any documents referen…

(1) The lead agency shall prepare a final environmental impact statement whenever a DEIS has been prepared, unless the proposal is withdrawn or indefinitely postponed. The lead agency shall consider comments on the proposal and shall respond by one or more of the means listed bel…

A consulted agency shall not charge the lead agency for any costs incurred in complying with WAC 197-11-550, including providing relevant data to the lead agency and copying documents for the lead agency. This section shall not prohibit a consulted agency from charging those cost…

(1) This section contains criteria for determining whether an environmental document must be used unchanged and describes when existing documents may be used to meet all or part of an agency's responsibilities under SEPA.(2) An agency may use environmental documents that have pre…

(1) An agency may adopt any environmental analysis prepared under the National Environmental Policy Act (NEPA) by following WAC 197-11-600 and 197-11-630.(2) A NEPA environmental assessment (EA) or documented categorical exclusion may be adopted to support a determination of nons…

(1) An SEIS shall be prepared in the same way as a draft and final EIS (WAC 197-11-400 to 197-11-600), except that scoping is optional. The SEIS should not include analysis of actions, alternatives, or impacts that is in the previously prepared EIS.(2) The fact sheet and cover le…

(1) An addendum shall clearly identify the proposal for which it is written and the environmental document it adds to or modifies.(2) An agency is not required to prepare a draft addendum.(3) An addendum for a DEIS shall be circulated to recipients of the initial DEIS under WAC 1…

(1) The agency adopting an existing environmental document must independently review the content of the document and determine that it meets the adopting agency's environmental review standards and needs for the proposal. However a document is not required to meet the adopting ag…

(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 du…

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 environm…

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 wi…

(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…

(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 regulat…

(1) Introduction. Appeals provisions in SEPA are found in RCW 43.21C.060, 43.21C.075 and 43.21C.080. These rules attempt to construe and interpret the statutory provisions. In the event a court determines that these rules are inconsistent with statutory provisions, or with the fr…

(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) …

"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. WSR 97-21-030 (Order 95-16), § 197-11-702, filed 10/10/97, effective 11/10/97. Statutory Authority:…

(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 p…

"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 m…

"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. WSR 84-05-020 (Order DE 83-39), § 197-11-7…

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. WSR 84…

"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.1…

(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 …