Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
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…
RCW 43.21C.428 Recovery of expenses of nonproject environmental impact statements—Fees for subsequent development.
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(1) A county, city, or town may recover its reasonable expenses of preparation of a nonproject environmental impact statement prepared under RCW 43.21C.229 and 43.21C.440:(a) Through access to financial assistance under RCW 36.70A.490;(b) With funding from private sources; and(c)…
RCW 43.21C.430 Certain fish protection standards exempt from compliance with chapter.
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The incorporation of fish protection standards adopted under chapter 77.55 RCW into the forest practices rules as required under RCW 76.09.040(3) is exempt from compliance with this chapter.[ 2012 1st sp.s. c 1 s 213.]Notes:Finding—Intent—Limitation—Jurisdiction/authority of Indi…
RCW 43.21C.440 Planned action—Defined—Authority of a county, city, or town—Community meetings.
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(1) For purposes of this chapter, a planned action means one or more types of development or redevelopment that meet the following criteria:(a) Are designated as planned actions by an ordinance or resolution adopted by a county, city, or town planning under RCW 36.70A.040;(b) In …
RCW 43.21C.450 Nonproject actions exempt from requirements of chapter.
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The following nonproject actions are categorically exempt from the requirements of this chapter:(1) Amendments to development regulations that are required to ensure consistency with an adopted comprehensive plan pursuant to RCW 36.70A.040, where the comprehensive plan was previo…
RCW 43.21C.460 Environmental checklist—Authority of lead agency—Limitations of section.
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(1) The lead agency for an environmental review under this chapter utilizing an environmental checklist developed by the department of ecology pursuant to RCW 43.21C.110 may identify within the checklist provided to applicants instances where questions on the checklist are adequa…
RCW 43.21C.470 Categorical exemption for structurally deficient bridges—Definition.
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(1) The department [of ecology] must amend the categorical exemption available to Washington department of transportation projects under WAC 197-11-800(26) as of July 24, 2015, so that the same categorical exemption applies to structurally deficient city, town, or county bridge r…
RCW 43.21C.480 Repair or replacement of structurally deficient state bridges exempt from chapter.
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The repair or replacement of a state bridge deemed structurally deficient, as defined in RCW 47.04.010, is exempt from compliance with this chapter as long as the action occurs within the existing right-of-way, except that the repair or replacement may occur outside the existing …
RCW 43.21C.490 Formation of community facilities districts exempt from this chapter.
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The formation of a community facilities district under chapter 36.145 RCW is exempted from compliance with this chapter, unless such formation constitutes a final agency decision to undertake construction of a structure or facility not otherwise exempt under state law or rule.[ 2…
RCW 43.21C.495 Adoption of ordinances, development regulations, and other nonproject actions—Certain actions not subject to administrative or judicial appeals.
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(1) Adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by a city to implement: The actions specified in section 2, chapter 246, Laws of 2022 unless the adoption of such ordinances, development regulations and ame…
RCW 43.21C.497 Other actions not subject to appeal.
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The adoption of ordinances, amendments to comprehensive plans, amendments to development regulations, and other nonproject actions taken by a county or city pursuant to RCW 36.70A.070(9) (d) or (e) in order to implement measures specified by the department of commerce pursuant to…
RCW 43.21C.501 Certain project actions evaluated under this chapter by a city or town planning under RCW 36.70A.040—When exempt from appeals under this chapter.
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(1) Project actions described in this section that pertain to residential, multifamily, or mixed-use development evaluated under this chapter by a city or town planning under RCW 36.70A.040 are exempt from appeals under this chapter on the basis of the evaluation of or impacts to…
RCW 43.21C.503 Exempt projects—Environmental checklist not required.
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Any applicant whose project qualifies as exempt or categorically exempt under either this chapter or under rules adopted pursuant to this chapter is not required to file an environmental checklist if other information is available to establish that a project qualifies for an exem…
RCW 43.21C.520 Review of greenhouse gas emissions from a new or expanded facility.
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The review under this chapter of greenhouse gas emissions from a new or expanded facility subject to the greenhouse gas emission reduction requirements of chapter 70A.65 RCW must occur consistent with RCW 70A.65.080(9).[ 2021 c 316 s 34.]Notes:Short title—2021 c 316: See RCW 70A.…
RCW 43.21C.525 Model ordinances created under RCW 70A.207.030—Certain actions not subject to the requirements of this chapter.
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*** CHANGE IN 2026 *** (SEE 1960-S3.SL) ***Amendments to regulations and other nonproject actions taken by a city or county to adopt or implement the model ordinance created by the department under RCW 70A.207.030 is not subject to the requirements of this chapter.[ 2022 c 180 s …
RCW 43.21C.530 Clean energy projects.
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(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Alternative energy resource" has the same meaning as defined in RCW 80.50.020.(b) "Alternative jet fuel" has the same meaning as defined in RCW 43.158.010.(c) "…