Washington Administrative Code

(1) It is the department's goal to ensure that accurate information on the prospectus and the proposed bank certification is made available to the public, and to avoid duplicative processes for public comment.(a) When an existing public notice process is available to solicit publ…

At a minimum, the department shall notify the following entities:(1) The local jurisdiction(s) where the bank site is located;(2) Affected tribes located within the proposed service area;(3) The latest recorded real property owners, as shown by the records of the county treasurer…

(1) The sponsor, any interested government entity, any group, or any person may request a public hearing on the bank certification.(2) The written request must be received by the department during the comment periods for the prospectus or the proposed bank certification.(3) Any r…

(1) One goal of this chapter is to encourage the development of banks that provide significant ecological benefits and are sustainable. In order to achieve this, incentives have been built into the certification and bank establishment process to encourage the siting and designing…

(1) The department must determine the appropriate service area for proposed banks.(2) The sponsor must provide a detailed text description and a map of the bank's proposed service area in the instrument.(3) The maximum extent of a service area shall be the WRIA in which the bank …

The department considers the following elements when determining the size of the service area:(1) The functions provided by the bank and the distance from the bank that the ecological functions can reasonably be expected to compensate for impacts;(2) Whether the bank addresses ex…

(1) Banks must be sited, planned, and designed to be self-sustaining over time. The department shall carefully consider ecological suitability, ecological sustainability, and land use compatibility when determining if a site is an appropriate location for a bank.(a) The departmen…

(1) The department determines the buffer necessary for each bank. The buffer for a bank must be sufficient to protect the functions at the bank.(2) The department considers the following elements to determine the buffer necessary for a bank:(a) The level of sensitivity of the wet…

The sponsor must provide a description of what the credits represent in the instrument.(1) For credits determined using a conversion rate under WAC 173-700-313, the sponsor shall describe the credits in terms of wetland rating, HGM class, and Cowardin class. The credit descriptio…

There are four types of credits associated with a bank: Potential, available, reserved and debited.(1) A potential credit is a credit anticipated to be generated by the bank, but is not currently available for use. Potential credits have not been released by the department.(2) An…

(1) The department shall use area of wetland as the default credit unit for calculating credits at a bank site.(2) The department shall determine the number of potential credits at a bank using a credit conversion rate.(3) The credit conversion rate uses a ratio of area of activi…

The ranges for establishing conversion rates for wetland areas are as follows:If the mitigation activity is:The conversion rate can range from:Area of activity: CreditReestablishment1:1 to 2:1Creation (establishment)1:1 to 2:1Rehabilitation of altered processes2:1 to 3:1Enhanceme…

Unless an alternative credit determination method is used under WAC 173-700-321, the department shall use the following considerations to determine specific conversion rates for wetlands on a bank site:(1) The anticipated net gains in wetland functions at the site;(2) The degree …

(1) Preserving wetlands may generate credit when the preservation occurs in conjunction with the reestablishment, creation, rehabilitation, or enhancement of a wetland or, in exceptional circumstances, as the sole means of generating credits.(2) Unless an alternative credit deter…

The department shall determine whether a site is a high quality wetland system including, but not limited to:(1) Wetlands with special characteristics including:(a) Estuarine wetlands;(b) Natural Heritage wetlands;(c) Bogs;(d) Old-growth and mature forested wetlands;(e) Interduna…

In urban areas wetlands and uplands may generate credits at the more favorable rates within WAC 173-700-313 and 173-700-318. The department will take into consideration the following when determining how much credit is generated:(1) WAC 173-700-314, 173-700-315, and 173-700-319;(…

(1) Uplands and other habitat areas may generate credits to the extent that those areas contribute to the overall ecological functioning and sustainability of the bank.(2) Enhancement of upland and other habitats may generate credits at a conversion rate from 3:1 to 10:1. Preserv…

Unless an alternative credit determination method is used under WAC 173-700-321, the department shall use the following considerations to determine specific conversion rates for uplands and other habitats on a bank site:(1) Degree of contribution to the ecological functioning of …

(1) The department may allow a conversion rate for wetlands, uplands, and other habitat areas that are outside of the ranges specified in WAC 173-700-313 and 173-700-318.(2) All exceptions for credit conversion rates authorized by the department must be:(a) Made on a case-by-case…

The department may allow the use of an alternative method to determine credits so long as:(1) The department approves of the method;(2) The method is applicable and appropriate for the Pacific Northwest;(3) The method is applicable for use on projects debiting from the bank; and(…

(1) The instrument shall include the amount and schedule for release of credits. Releases of credits must be tied to the attainment of performance standards.(2) The department shall determine a schedule for the release of credits.(3) The department shall base the number of credit…

(1) Up to fourteen percent of the total potential credits for the bank, or for the phase, may be released preconstruction. Initial physical and biological improvements must begin within one year following the release of credits.(2) The following criteria must be met prior to any …

(1) Up to thirty percent of the total potential credits for the bank, or for the phase that has been constructed, may be released when the department, in consultation with signatories, approves:(a) The complete implementation of construction plans; and(b) The as-built condition o…

(1) Up to fifty percent of total potential credits for the bank, or for the phase of the bank that has been constructed, may be released when the department, in consultation with signatories, determines that the hydrologic performance standard(s), at a minimum, has been attained.…

(1) The department, in consultation with the signatories, may adjust the final number of potential credits available at a bank based on actual conditions of the bank site at the time of the final release of credits. The number of potential credits may be adjusted in the following…

(1) Earlier releases of credits may be awarded by the department, in consultation with the signatories, as long as the maximum percentages for the release of potential credits specified in WAC 173-700-331 through 173-700-334 are not exceeded.(2) Earlier releases of credits may be…

(1) Performance standards must be based on the bank's objectives and goals as identified in the instrument.(2) Performance standards must be measurable.(3) The department may require multiple years of monitoring data to document the sustainable attainment of specific performance …

(1) Certification of a bank under this chapter does not imply or guarantee the financial viability of the bank.(2) Sponsors are responsible for conducting any financial studies prior to implementation of an instrument to determine the financial risks and potential economic viabil…

(1) The department must require financial assurances to ensure that the potential risks to the environment from unsuccessful banks are minimized. This may include financial assurances specifically for:(a) The construction phase (see WAC 173-700-352);(b) The monitoring and mainten…

(1) If credits are released prior to the construction of a bank, the department must require a financial assurance for construction.(2) The amount of the financial assurance must be sufficient to cover the estimated costs for construction of a portion of the bank site that the de…

(1) The department must require a financial assurance for monitoring and maintenance for all banks that have credit releases prior to full attainment of all performance standards.(2) The sponsor must provide the department a written cost estimate, including an adjustment for infl…

(1) The department must require financial assurances for the long-term management of a bank site.(2) The sponsor must provide the department a written estimate for the costs of annual maintenance of the bank, including an adjustment for inflation, from a qualified contractor.(3) …

(1) The goals of monitoring bank sites are to:(a) Document the postconstruction baseline conditions at the site;(b) Document the condition of the site as it develops over time;(c) Document the attainment of performance standards; and(d) Provide early identification of problems in…

(1) The sponsor must submit to the signatories an electronic and a hard copy of the monitoring reports. The monitoring reports must accurately document the conditions and progress of the bank's development. The reports must be submitted according to the schedule specified in the …

(1) The department shall determine a monitoring schedule for the bank.(a) The schedule shall be of sufficient duration to show that the bank is progressing toward ecological success and a sustainable condition. Generally, the department shall require a ten-year monitoring schedul…

(1) Each instrument must include an adaptive management plan.(2) The adaptive management plan for a bank site must include the following elements, but is not limited to:(a) Goals and objectives of the bank;(b) Identification of potential causes for site failure;(c) A management s…

(1) Once the bank has met the required performance standards, the sponsor must petition the department in writing in order to obtain a release of credits.(2) For preconstruction credit releases, the sponsor must include documentation that the minimum requirements in WAC 173-700-3…

(1) The sponsor must maintain a separate ledger for each bank.(2) The ledger must be formatted to be consistent with the department's ledger template.(3) The sponsor must submit a complete copy of the ledger at the following times:(a) An annual ledger for the previous calendar ye…

(1) The department shall maintain a master ledger for each bank and must cross check the sponsor's annual ledger against the master ledger.(2) The department must notify the sponsor within sixty days of receipt of the sponsor's annual ledger if the ledger conflicts with the maste…

(1) The department may conduct random audits during the operational life of a bank.(2) The audit may include the department contacting the local jurisdiction(s) and the county auditor's office to verify all transactions listed in a bank's ledger. (3) In the event of an audit, the…

(1) The instrument must identify the party responsible for the ownership and long-term management of the bank.(2) A long-term management plan should include a description of long-term management needs, annual cost estimates for these needs, and identify the funding mechanism that…

(1) Bank sites must be permanently protected and preserved as specified in the instrument. The department requires that the sponsor use a legal mechanism to ensure the permanent protection and preservation of the site. Generally, the department shall require a conservation easeme…

Banks can be a preferable option for compensating for authorized impacts. Use of a bank can help reduce risk and uncertainty as well as temporal loss of resource functions and services when used to compensate for authorized impacts. Local and state agencies are encouraged to use …

(1) Replacement ratios used to determine compensation requirements for debit projects should generally be lower than those required for permittee-responsible mitigation because of the reduced risk of failure and reduction in temporal losses.(2) The replacement ratios for debit pr…

(1) The department, in consultation with the signatories, may authorize the use of credits to compensate for impacts outside of the bank's designated service area if the department deems that use to be reasonable and environmentally desirable.(2) Linear projects that contain at l…

It is the department's goal to ensure that the establishment and operation of a bank is consistent with the terms and conditions of the certification as specified in the instrument. The department may use one or more of the methods in WAC 173-700-601 through 173-700-603 to gain c…

(1) If a bank does not attain the required performance standards or meet other requirements specified in the instrument or this chapter, the sponsor shall implement adaptive management activities. If such activities do not achieve compliance within a reasonable time, the departme…

(1) If the sponsor does not complete the required remedial actions within the schedule specified by the department, the department must send a notice of noncompliance to the sponsor and to the signatories.(2) The sponsor must respond in writing to the department within fifteen da…

(1) The department may suspend the sale of credits to bring a bank into compliance. If the department suspends the sale of credits, credits may not be debited until the department lifts the suspension and notifies the sponsor in writing that credit use may be resumed.(2) The susp…

(1) The IRT assists in the development of the terms and conditions of the instrument by participating in negotiations with the sponsor.(2) The IRT reviews proposed bank certifications and makes recommendations to the department.(3) The IRT assists the sponsor in identifying any p…