BILL REQ. #:  H-4039.1 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to protecting the state's cultural resources; and amending RCW 36.70B.070, 36.70B.140, and 36.70B.150.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 36.70B.070 and 1995 c 347 s 408 are each amended to read as follows:
     (1) Within twenty-eight days after receiving a project permit application, a local government planning pursuant to RCW 36.70A.040 shall mail ((or provide in person)) or e-mail a written determination to the applicant, any persons requesting such notification, the department of archaeology and historic preservation, and any affected tribes that request ongoing notice, stating either:
     (a) That the application is complete; or
     (b) That the application is incomplete and what is necessary to make the application complete.
     To the extent known by the local government, the local government shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
     (2) A project permit application is complete for purposes of this section when it meets the procedural submission requirements of the local government and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the local government from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.
     (3) The determination of completeness may include the following as optional information:
     (a) A preliminary determination of those development regulations that will be used for project mitigation;
     (b) A preliminary determination of consistency, as provided under RCW 36.70B.040; or
     (c) Other information the local government chooses to include.
     (4)(a) An application shall be deemed complete under this section if the local government does not provide a written determination to the applicant that the application is incomplete as provided in subsection (1)(b) of this section.
     (b) Within fourteen days after an applicant has submitted to a local government additional information identified by the local government as being necessary for a complete application, the local government shall notify the applicant whether the application is complete or what additional information is necessary.

Sec. 2   RCW 36.70B.140 and 1995 c 347 s 418 are each amended to read as follows:
     (1) A local government by ordinance or resolution may exclude the following project permits from the provisions of RCW 36.70B.060 ((through 36.70B.090)), 36.70B.080, and 36.70B.110 through 36.70B.130: Landmark designations, street vacations, or other approvals relating to the use of public areas or facilities, or other project permits, whether administrative or quasi-judicial, that the local government by ordinance or resolution has determined present special circumstances that warrant a review process different from that provided in RCW 36.70B.060 ((through 36.70B.090)), 36.70B.080, and 36.70B.110 through 36.70B.130.
     (2) A local government by ordinance or resolution also may exclude the following project permits from the provisions of RCW 36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary adjustments and building and other construction permits, or similar administrative approvals, categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits.

Sec. 3   RCW 36.70B.150 and 1995 c 347 s 419 are each amended to read as follows:
     (1) A local government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of RCW 36.70B.060 ((through 36.70B.090 and)), 36.70B.080, 36.70B.110 ((through 36.70B.130)), and 36.70B.120 into its procedures for review of project permits or other project actions.
     (2) A local government not planning under RCW 36.70A.040 shall incorporate the provisions of RCW 36.70B.070 and 36.70B.130 into its procedures for review of project permits or other project actions.