1539-S2

AN ACT Relating to watershed restoration projects; adding new sections to chapter 89.08 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 90.58 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature declares that it is the goal of the state of Washington to preserve and restore the natural resources of the state and, in particular, fish and wildlife and their habitat. It is further the policy of the state insofar as possible to utilize the volunteer organizations who have demonstrated their commitment to these goals.

To this end, it is the intent of the legislature to minimize the expense and delays caused by unnecessary bureaucratic process in securing permits for projects that preserve or restore native fish and wildlife habitat.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section shall apply throughout sections 1 through 6 of this act.

(1) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district, that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed, and for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the state environmental policy act.

(2) "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:

(a) A project that involves less than ten miles of streamreach, in which less than twenty-five cubic yards of sand, gravel, or soil is removed, imported, disturbed, or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;

(b) A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

(c) A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structure other than a bridge or culvert or instream habitat enhancement structure associated with the project is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream.

NEW SECTION. Sec. 3. By January 1, 1996, the Washington conservation commission shall develop, in consultation with other state agencies, tribes, and local governments, a consolidated application process for permits for a watershed restoration project to be obtained by a sponsoring agency for a project developed by the agency or sponsored by the agency on behalf of a volunteer organization. The consolidated process shall include a single permit application form for use by each state agency, county, or city responsible for permitting a watershed restoration project. The commission shall encourage use of the consolidated permit application process by any federal agency and any federally recognized Indian tribe responsible for issuance of related permits. The permit application forms to be consolidated shall include, at a minimum: (1) Approvals related to water quality standards under chapter 90.48 RCW; (2) hydraulic project approvals under chapter 75.20 RCW; and (3) Section 401 water quality certifications under 33 U.S.C. Sec. 1341 and chapter 90.48 RCW.

NEW SECTION. Sec. 4. Each state agency, county, or city that claims jurisdiction or the right to require permits, other approvals, or fees as a condition of allowing a watershed restoration project to proceed shall designate an office or official as a designated recipient of project applications and shall inform the conservation commission of the designation.

NEW SECTION. Sec. 5. Each state agency, county, or city that is required to use the single application developed under section 3 of this act shall issue the necessary permits within forty-five days of receipt of a complete application. No state agency, county, or city may charge a fee for processing a consolidated application. A county or city may elect to waive the processing of the application.

NEW SECTION. Sec. 6. Each state agency, county, or city responsible for permits or other approvals of watershed restoration projects as defined in section 2 of this act may develop general permits or permits by rule to address some or all projects required by an approved watershed restoration plan, or for types of watershed restoration projects.

NEW SECTION. Sec. 7. A new section is added to chapter 35.63 RCW to read as follows:

A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 6 of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 35A.63 RCW to read as follows:

A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 6 of this act.

NEW SECTION. Sec. 9. A new section is added to chapter 36.70 RCW to read as follows:

A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 6 of this act.

NEW SECTION. Sec. 10. A new section is added to chapter 36.70A RCW to read as follows:

A permit required under this chapter for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 6 of this act.

NEW SECTION. Sec. 11. A new section is added to chapter 43.21C RCW to read as follows:

Decisions pertaining to watershed restoration projects as defined in section 2 of this act are not subject to the requirements of RCW 43.21C.030(2)(c).

NEW SECTION. Sec. 12. A new section is added to chapter 43.30 RCW to read as follows:

A permit required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 6 of this act.

NEW SECTION. Sec. 13. A new section is added to chapter 75.20 RCW to read as follows:

A hydraulic project approval required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 6 of this act.

NEW SECTION. Sec. 14. A new section is added to chapter 90.48 RCW to read as follows:

A permit, certification, or other approval required by the department for a watershed restoration project as defined in section 2 of this act shall be processed in compliance with sections 1 through 6 of this act. Public review of proposed watershed restoration projects may be shortened or waived by the department.

NEW SECTION. Sec. 15. A new section is added to chapter 90.58 RCW to read as follows:

Watershed restoration projects as defined in section 2 of this act are exempt from the requirement to obtain a substantial development permit. Local government may review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty-five days of receiving a complete consolidated application form from the applicant. No fee may be charged for accepting and processing applications for watershed restoration projects as used in this section.

NEW SECTION. Sec. 16. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 17. Sections 1 through 6 of this act are each added to chapter 89.08 RCW.