Washington Administrative Code

(1) Description:(a) Freshwater habitats of special concern provide essential functions important in the developmental life histories of twenty-two priority fish species. Priority fish species include species that are listed under state and federal endangered species laws, and spe…

(1) Description: The department authorizes work during less critical times of the year to reduce the risk of impacts to fish life at sensitive life stages. In-water work is not allowed during critical times of the year unless a person can implement mitigation measures to eliminat…

(1) Description: Only applicable common construction provisions will be applied to a specific hydraulic project. Common construction provisions include job site access, equipment use, construction materials, sediment and erosion control containment, in-water work area isolation, …

Suitable methods to identify and select an appropriate stream bank protection technique are available in the department's Integrated Streambank Protection Guidelines, as well as other published manuals and guidelines.(1) Description:(a) Stream bank and lake shoreline erosion is a…

The requirements in this section apply to location, design, and construction of permanent and seasonal docks, piers, ramps (gangways), floats, watercraft lifts, and mooring buoys.(1) Description: Docks are structures that are fixed to the shoreline but floating upon the water. Pi…

(1) Description: A boat ramp or launch is a sloping, stabilized roadway or entry point constructed on the shoreline for launching boats from vehicular trailers or by hand. Ramps and launches extend into the water at a slope of typically twelve to fifteen percent and are typically…

The provisions in this section apply to constructing, maintaining and repairing marinas and terminals in freshwater areas.(1) Description:(a) A marina is a public or private facility providing vessel moorage space, fuel, or commercial services. Commercial services include overnig…

The requirements of this section do not apply to suction dredging for mineral prospecting covered in WAC 220-660-300, or to diver-operated dredging for aquatic plant control covered in WAC 220-660-290.(1) Description: Dredging includes removing substrate or sediment from rivers a…

The requirements of this section do not apply to suction dredging for mineral prospecting covered in WAC 220-660-300, or to diver-operated dredging for aquatic plant control covered in WAC 220-660-290.(1) Description: Sand and gravel deposited by river processes is used as constr…

Appropriate methods to design water crossing structures are available in the department's Water Crossing Design Guidelines, or other published manuals and guidelines. A list of approved manuals and guidelines is on the department's website.This section applies only to water cross…

The provisions in this section apply to fish ladders, weirs constructed for fish passage management, roughened channels, trap-and-haul operations, and hydraulic design culvert retrofits.(1) Description: Fish passage improvement structures facilitate the passage of fish through or…

(1) Description: The department discourages channel relocation and realignment and will approve them only when a person can demonstrate benefits or lack of adverse impact to fish life. Channel relocation may solve problems of channel encroachment and/or confinement, and foster th…

(1) Description: Large woody material is trees and tree parts larger than four inches in diameter and longer than six feet or rootwads that enter stream channels mainly from stream bank undercutting, wind throw, and slope failures. Public agencies sometimes reposition or remove l…

(1) Description:(a) A person may need to remove, breach, or modify a beaver dam to prevent damage to private and public land, structures, or other improvements of value from flooding. Beaver dams are normally removed using hand tools or equipment such as backhoes.(b) An alternati…

(1) Description: A person may construct an out-of-channel pond for livestock watering, irrigation, fire protection, or other use. If the pond construction involves diverting water, a water right must be obtained prior to diverting waters of the state. This requirement does not ap…

(1) Description: Surface water diversions are common instream features in agricultural areas where the water is used for irrigation. Throughout the state, people also divert water for other agricultural, hydropower, industrial, recreational, residential, municipal, and hatchery u…

(1) Description: Outfalls move water from one place to another, typically to a water body. They may convey irrigation water, stormwater, or other waste materials. The department recommends that a person construct energy dissipation structures landward of the riparian zone wheneve…

(1) Description: Utility lines are cables and pipelines that transport gas, telecommunications, fiber optics, power, sewer, oil, and water lines from one side of a watercourse to the other. An HPA is not required for utility crossings attached to bridge structures.(2) Fish life c…

(1) Description: Tree felling includes "bucking" or cutting the felled tree into short lengths and limbing the felled tree. Yarding is the process of hauling logs from the cutting area to the landing and includes skidding (dragging the logs across the ground). There are three mai…

(1) Description: This section covers the physical and mechanical methods for controlling and removing aquatic plants. It does not address using grass carp, herbicides, or water column dye. Aquatic plant removal and control methods include physical, mechanical, biological, and che…

(1) Description: Mineral prospecting projects excavate, process, or classify aggregate using hand-held mineral prospecting tools and mineral prospecting equipment. When prospectors locate valuable minerals through prospecting, they may attempt to recover larger quantities of the …

(1) Description: Mineral prospecting involving motorized or gravity siphon equipment are projects that excavate, process, or classify aggregate using small motorized equipment or pumps. Such methods include, but are not limited to, suction dredges, dryland dredges, power sluice/s…

(1) Description: The department uses the following tidal reference areas to delineate segments of the state's marine shorelines. The authorized work times in saltwater areas vary by tidal reference area.(2) Definitions for tidal reference areas:(a) Tidal Reference Area 1 (Shelton…

(1) Description:(a) Saltwater habitats of special concern provide essential functions in the developmental life history of fish life. These habitats include:(i) Spawning areas for forage fish;(ii) Settlement and nursery areas for juvenile rockfish and lingcod;(iii) Migration, rea…

(1) Description: The department applies timing windows to reduce the risk of impacts to fish life at sensitive life stages. In-water work is not allowed during critical periods of the year unless a person can take mitigation measures to eliminate risk during critical periods.(2) …

(1) Description: The department uses intertidal forage fish spawning bed surveys to determine presence, absence, quantity, and timing of surf smelt (Hypomesus pretiosus) and Pacific sand lance (Ammodytes hexapterus) spawning. The department may require an applicant to hire a qual…

(1) Description: The department has developed survey guidelines for seagrass and macroalgae habitat to improve protection of these important habitats in Puget Sound and coastal waters. The guidelines contain protocols for both preliminary and advanced surveys to help evaluate pot…

(1) Description: Only applicable common construction provisions will be applied to a specific hydraulic project. Common construction provisions include job site access, equipment use, construction materials, sediment and erosion control containment, and job site repair and revege…

Appropriate methods to assess the need for marine shoreline stabilization and, if needed, to design marine shoreline stabilization are available in the department's Marine Shoreline Design Guidelines, as well as other published manuals and guidelines.(1) Description: A broad spec…

This section applies to the design and construction of permanent, seasonal or temporary docks, piers, ramps (gangways), floats, watercraft lifts, and mooring.(1) Description: Docks are structures that are fixed to the shoreline but floating upon the water. Piers are fixed, piling…

(1) Description: A boat ramp or launch is a sloping stabilized roadway or entry point constructed on the shoreline for launching boats from vehicular trailers or by hand. Ramps and launches extend into the water at a slope of typically twelve to fifteen percent and are typically …

This section applies to constructing, maintaining, and repairing marinas and terminals in saltwater areas.(1) Description:(a) A marina is a public or private facility providing vessel moorage space, fuel, or commercial services. Commercial services include overnight or live-aboar…

(1) Description: Dredging includes the removal of substrate to improve vessel navigation and to maintain navigation channels. Dredging is also used to clean up contaminated sediments.(2) Fish life concerns: Dredging may result in changes in bathymetry, habitat conversion, and cha…

(1) Description: An artificial aquatic habitat structure is a structure that humans design and place to provide long-term alterations to saltwater bottom habitat. The structure is designed and located to contribute to fish and shellfish management. Artificial reefs are one exampl…

(1) Description: Outfalls move water from one place to another, typically to a water body. Outfalls may convey stormwater, or other waste materials. Tide and flood gates are adjustable gates used to control water flow in estuary, river, stream, or levee systems.(2) Fish life conc…

(1) Description: Utility crossings are cables and pipelines that transport gas, telecommunications, fiber optics, power, sewer, oil, or water underneath water bodies. An HPA is not required for utility crossings attached to bridge structures.(2) Fish life concerns: Utility crossi…

(1) Description: Boring is used to obtain information about the physical properties of the bed. This information is often needed to design foundations for proposed structures and to repair existing structures. Test boring is also commonly used to gather information about the cont…

An informal appeal is an internal department review of a department HPA decision and is conducted under chapter 34.05 RCW (Administrative Procedure Act).(1) The department recommends that a person aggrieved by a department HPA decision contact the department employee responsible …

A formal appeal is an appeal to the pollution control hearings board (board) under chapters 34.05 RCW and 371-08 WAC.(1) The department recommends that a person aggrieved by a department HPA decision contact the department employee responsible for making the decision on the HPA b…

A project proponent must comply with all provisions of chapter 77.55 RCW, this chapter, and the HPA. If a project proponent violates chapter 77.55 RCW or this chapter or deviates from any provision of an HPA issued by the department, the department may issue a correction request,…

The purpose of this chapter is to describe the forest practices board, its organization and administrative procedures, and to provide rules implementing RCW 34.05.220 and chapters 42.52 and 42.56 RCW. The purpose of this chapter is also to set out department of natural resources …

(1) "Board" means forest practices board.(2) "Board staff" means employees of the forest practices division of the department who work in support of the board.(3) "Department" means department of natural resources.(4) "Office" means the administrative office of the board in the f…

(1) The forest practices board was created by chapter 76.09 RCW to adopt forest practices rules as described in WAC 222-12-010.(2) The board's membership as described in RCW 76.09.030(5), consists of thirteen members to include:(a) The commissioner of public lands or the commissi…

(1) The board holds quarterly scheduled meetings on the second Wednesday of February, May, August, and November, at such times and places as deemed necessary to conduct board business. At regularly scheduled board meetings, agenda time is allotted for public comment on rule propo…

The board's public records are available for inspection and copying except as otherwise exempted under RCW 42.56.210 through 42.56.470, any other law, and this chapter.[Statutory Authority: RCW 76.09.040 and chapter 42.56 RCW. WSR 18-07-012, § 222-08-050, filed 3/9/18, effective …

The public records officer or designee for the board shall be the board's rules coordinator. The public records officer shall be responsible for responses to requests for public records. All requests for public records shall be directed to: Public Records Officer, Forest Practice…

The board's rules coordinator maintains the board files, including in part, meeting minutes, correspondence, rule-making documents, contracts, and other board business. A filing system is utilized at the board's office that consists of rule-making dockets, board meeting files, co…

(1) No person shall knowingly alter, deface, or destroy public records of the board, except as allowed by law.(2) Original public records or portions thereof shall not be removed from the premises by the public, except board members may retain their individual notes.(3) Records f…

Public records may be inspected or copies of such records obtained, upon compliance with the following procedure:(1) A request shall be made in writing, by fax or electronic mail, to the public records officer or designee. The request shall include the following information:(a) T…

(1) Any person may submit a petition to the board requesting the adoption, amendment, or repeal of any rule pursuant to RCW 34.05.330 and the process set forth in chapter 82-05 WAC as further supplemented by these rules. The petition should be clearly identified as such and conta…