Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.21C.010 Purposes.
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The purposes of this chapter are: (1) To declare a state policy which will encourage productive and enjoyable harmony between humankind and the environment; (2) to promote efforts which will prevent or eliminate damage to the environment and biosphere; (3) and [to] stimulate the …
RCW 43.21C.020 Legislative recognitions—Declaration—Responsibility.
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(1) The legislature, recognizing that a human being depends on biological and physical surroundings for food, shelter, and other needs, and for cultural enrichment as well; and recognizing further the profound impact of a human being's activity on the interrelations of all compon…
RCW 43.21C.030 Guidelines for state agencies, local governments—Statements—Reports—Advice—Information.
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The legislature authorizes and directs that, to the fullest extent possible: (1) The policies, regulations, and laws of the state of Washington shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all branches of government of t…
RCW 43.21C.0301 Decisions not subject to RCW 43.21C.030.
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(1) Decisions made under RCW 36.70A.720 pertaining to work plans, as defined in RCW 36.70A.703, are not subject to the requirements of RCW 43.21C.030(2)(c).(2) Decisions made by a county under RCW 36.70A.710 on whether to participate in the voluntary stewardship program establish…
RCW 43.21C.031 Significant impacts.
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(1) An environmental impact statement (the detailed statement required by RCW 43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. The environmental impact statement may be combined w…
RCW 43.21C.0311 Final environmental impact statements—Expeditious manner—Time limit—Reports.
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(1) A lead agency shall aspire to prepare a final environmental impact statement required by RCW 43.21C.030(2) in as expeditious a manner as possible while not compromising the integrity of the analysis.(a) For even the most complex government decisions associated with a broad sc…
RCW 43.21C.033 Threshold determination to be made within ninety days after application is complete.
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(1) Except as provided in subsection (2) of this section, the responsible official shall make a threshold determination on a completed application within ninety days after the application and supporting documentation are complete. The applicant may request an additional thirty da…
RCW 43.21C.034 Use of existing documents.
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Lead agencies are authorized to use in whole or in part existing environmental documents for new project or nonproject actions, if the documents adequately address environmental considerations set forth in RCW 43.21C.030. The prior proposal or action and the new proposal or actio…
RCW 43.21C.035 Certain irrigation projects decisions exempt from RCW 43.21C.030(2)(c).
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Decisions pertaining to applications for appropriation of fifty cubic feet of water per second or less for irrigation projects promulgated by any person, private firm, private corporation or private association without resort to subsidy by either state or federal government pursu…
RCW 43.21C.036 Hazardous substance remedial actions—Procedural requirements and documents to be integrated.
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In conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or if conducted by the department of ecology, the department of ecology to the maximum extent practicable shall integrate the procedural requ…
RCW 43.21C.037 Application of RCW 43.21C.030(2)(c) to forest practices.
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(1) Decisions pertaining to applications for Class I, II, and III forest practices, as defined by rule of the forest practices board under RCW 76.09.050, are not subject to the requirements of RCW 43.21C.030(2)(c) as now or hereafter amended.(2) When the applicable county, city, …
RCW 43.21C.038 Application of RCW 43.21C.030(2)(c) to school closures.
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Nothing in RCW 43.21C.030(2)(c) shall be construed to require the preparation of an environmental impact statement or the making of a threshold determination for any decision or any action commenced subsequent to September 1, 1982, pertaining to a plan, program, or decision for t…
RCW 43.21C.0381 Application of RCW 43.21C.030(2)(c) to decisions pertaining to air operating permits.
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Decisions pertaining to the issuance, renewal, reopening, or revision of an air operating permit under RCW 70A.15.2260 are not subject to the requirements of RCW 43.21C.030(2)(c).[ 2020 c 20 s 1040; 1995 c 172 s 1.]
RCW 43.21C.0382 Application of RCW 43.21C.030(2)(c) to watershed restoration projects—Fish habitat enhancement projects.
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(1) Decisions pertaining to watershed restoration projects as defined in RCW 89.08.460 are not subject to the requirements of RCW 43.21C.030(2)(c).(2) Decisions pertaining to fish habitat enhancement projects meeting the criteria of RCW 77.55.181 and being reviewed and approved a…
RCW 43.21C.0383 Application of RCW 43.21C.030(2)(c) to waste discharge permits.
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The following waste discharge permit actions are not subject to the requirements of RCW 43.21C.030(2)(c):(1) For existing discharges, the issuance, reissuance, or modification of a waste discharge permit that contains conditions no less stringent than federal effluent limitations…
RCW 43.21C.0384 Application of RCW 43.21C.030(2)(c) to wireless services facilities—Reporting requirement—Definitions.
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(1) Decisions pertaining to applications to site wireless service facilities are not subject to the requirements of RCW 43.21C.030(2)(c), if those facilities meet the following requirements:(a) The collocation of new equipment, removal of equipment, or replacement of existing equ…
RCW 43.21C.039 Metals mining and milling operations—Environmental impact statements required.
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Notwithstanding any provision in RCW 43.21C.030 and 43.21C.031 to the contrary, an environmental impact statement shall be prepared for any proposed metals mining and milling operation as required by RCW 78.56.050.[ 1994 c 232 s 25.]Notes:Effective date—1994 c 232 ss 1-5, 9-17, a…
RCW 43.21C.040 Examination of laws, regulations, policies by state agencies and local authorities—Report of deficiencies and corrective measures.
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All branches of government of this state, including state agencies, municipal and public corporations, and counties shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any…
RCW 43.21C.050 Specific statutory obligations not affected.
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Nothing in RCW 43.21C.030 or 43.21C.040 shall in any way affect the specific statutory obligations of any agency (1) to comply with criteria or standards of environmental quality, (2) to coordinate or consult with any other public agency, or (3) to act, or refrain from acting con…
RCW 43.21C.060 Chapter supplementary—Conditioning or denial of governmental action.
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The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of all branches of government of this state, including state agencies, municipal and public corporations, and counties. Any governmental action may be conditioned or d…
RCW 43.21C.065 Impact fees and fees for system improvements.
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A person required to pay an impact fee for system improvements pursuant to RCW 82.02.050 through 82.02.090 shall not be required to pay a fee pursuant to RCW 43.21C.060 for those same system improvements.[ 1992 c 219 s 1.]
RCW 43.21C.075 Appeals.
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(1) Because a major purpose of this chapter is to combine environmental considerations with public decisions, any appeal brought under this chapter shall be linked to a specific governmental action. The State Environmental Policy Act provides a basis for challenging whether gover…
RCW 43.21C.080 Notice of action by governmental agency—How publicized—Time limitation for commencing challenge to action.
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(1) Notice of any action taken by a governmental agency may be publicized by the acting governmental agency, the applicant for, or the proponent of such action, in substantially the form as set forth in rules adopted under RCW 43.21C.110:(a) By publishing notice on the same day o…
RCW 43.21C.087 List of filings required by RCW 43.21C.080.
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The department of ecology shall prepare a list of all filings required by RCW 43.21C.080 each week and shall make such list available to any interested party. The list of filings shall include a brief description of the governmental action and the project involved in such action,…
RCW 43.21C.090 Decision of governmental agency to be accorded substantial weight.
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In any action involving an attack on a determination by a governmental agency relative to the requirement or the absence of the requirement, or the adequacy of a "detailed statement", the decision of the governmental agency shall be accorded substantial weight.[ 1973 1st ex.s. c …
RCW 43.21C.095 State environmental policy act rules to be accorded substantial deference.
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The rules adopted under RCW 43.21C.110 shall be accorded substantial deference in the interpretation of this chapter.[ 2012 1st sp.s. c 1 s 312; 1983 c 117 s 5.]Notes:Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes followin…
RCW 43.21C.110 Content of state environmental policy act rules.
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It shall be the duty and function of the department of ecology:(1) To adopt and amend rules of interpretation and implementation of this chapter, subject to the requirements of chapter 34.05 RCW, for the purpose of providing uniform rules and guidelines to all branches of governm…
RCW 43.21C.120 Rules, ordinances, resolutions and regulations—Adoption—Effective dates.
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(1) All agencies of government of this state are directed, consistent with rules and guidelines adopted under RCW 43.21C.110, including any revisions, to adopt rules pertaining to the integration of the policies and procedures of this chapter (the state environmental policy act o…
RCW 43.21C.130 Model ordinances.
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The department of ecology, in consultation with concerned state agencies, shall with the assistance of the associations of county prosecutors and city attorneys, the association of county elected officials, the Washington state association of counties, and the association of citi…
RCW 43.21C.135 Authority of local governmental units to adopt rules, guidelines and model ordinances by reference.
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(1) All public and municipal corporations, political subdivisions, and counties of the state are authorized to adopt rules, ordinances, and resolutions which incorporate any of the following by reference to the appropriate sections of the Washington Administrative Code:(a) Rules …
RCW 43.21C.150 RCW 43.21C.030(2)(c) inapplicable when statement previously prepared pursuant to national environmental policy act.
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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…
RCW 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).
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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 utiliz…
RCW 43.21C.170 Council on environmental policy.
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The legislature may establish a council on environmental policy to review and assist in the implementation of this chapter.[ 1983 c 117 s 6; 1974 ex.s. c 179 s 4. Formerly RCW 43.21C.100.]
RCW 43.21C.175 Council on environmental policy—Personnel.
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The council may employ such personnel as are necessary for the performances of its duties.[ 1974 ex.s. c 179 s 5. Formerly RCW 43.21C.105.]
RCW 43.21C.210 Certain actions during state of emergency exempt from chapter.
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This chapter does not apply to actions authorized by RCW 70A.10.200 and 70A.10.210 which are undertaken during a state of emergency declared by the governor under RCW 43.06.210.[ 2020 c 20 s 1041; 1981 c 278 s 4.]
RCW 43.21C.220 Incorporation of city or town exempt from chapter.
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The incorporation of a city or town is exempted from compliance with this chapter.[ 1982 c 220 s 6.]Notes:Severability—1982 c 220: See note following RCW 36.93.100.Incorporation proceedings exempt from chapter: RCW 36.93.170.
RCW 43.21C.222 Annexation by city or town exempt from chapter.
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Annexation of territory by a city or town is exempted from compliance with this chapter.[ 1994 c 216 s 19.]Notes:Effective date—1994 c 216: See note following RCW 35.02.015.
RCW 43.21C.225 Consolidation and annexation of cities and towns exempt from chapter.
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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 s 29.]
RCW 43.21C.227 Disincorporation of a city or town or reduction of city or town limits exempt from chapter.
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(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 s 2.]Notes:Intent—2002 c 93: "Incorporations and annexations are exempt from the state environme…
RCW 43.21C.229 Infill and housing development—Categorical exemptions from chapter.
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(1) The purpose of this section is to accommodate infill and housing development and thereby realize the goals and policies of comprehensive plans adopted according to chapter 36.70A RCW.(2) A city or county planning under RCW 36.70A.040 is authorized by this section to establish…
RCW 43.21C.230 Development and adoption of plan under chapter 43.180 RCW exempt from chapter.
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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 s 29.]Notes:Effective dates—1983 c 161: See RCW 43.180.904.
RCW 43.21C.240 Project review under the growth management act.
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(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…
RCW 43.21C.250 Forest practices board—Emergency rules—Exempt from chapter.
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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 s 203.]Notes:Effect…
RCW 43.21C.260 Certain actions not subject to RCW 43.21C.030(2)(c)—Threshold determination on a watershed analysis.
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(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 77.5…
RCW 43.21C.300 Workshops—Handbook.
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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, …
RCW 43.21C.400 Unfinished nuclear power projects—Council action exempt from this chapter.
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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 s 4.]Notes:Energy facility site evaluation council: RCW 80.50.030.
RCW 43.21C.405 Nonproject environmental reviews of electrical transmission facilities.
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(1) The energy facility site evaluation council shall prepare nonproject environmental impact statements, pursuant to RCW 43.21C.030, that assess and disclose the probable significant adverse environmental impacts, and that identify related mitigation measures for electrical tran…
RCW 43.21C.408 Lead agency use of nonproject environmental impact statement for electrical transmission facility.
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(1) A lead agency conducting a project-level environmental review under this chapter of an electrical transmission facility with a nominal voltage of 230kV or greater must consider a nonproject environmental impact statement completed pursuant to RCW 43.21C.405 in order to identi…
RCW 43.21C.410 Battery charging and exchange station installation.
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(1) The installation of individual battery charging stations and battery exchange stations, which individually are categorically exempt under the rules adopted under RCW 43.21C.110, may not be disqualified from such categorically exempt status as a result of their being parts of …
RCW 43.21C.420 Comprehensive plans and development regulations—Optional elements—Nonproject environmental impact statements—Subarea plans—Transfer of development rights program—Recovery of expenses.
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(1) Cities with a population greater than five thousand, in accordance with their existing comprehensive planning and development regulation authority under chapter 36.70A RCW, and in accordance with this section, may adopt optional elements of their comprehensive plans and optio…