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; and adding a new section to chapter 90.58
RCW.
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 7 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, the department of transportation, 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. If the implementation measures or actions would have
a probable significant, adverse environmental impact, a detailed statement
under RCW 43.21C.031 must be prepared on the plan.
(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 developed by an agency
or sponsored by an agency on behalf of a volunteer organization. The
consolidated process shall include a single permit application form for use by
all responsible state and local agencies. The commission shall encourage use
of the consolidated permit application process by any federal agency
responsible for issuance of related permits. The permit application forms to
be consolidated shall include, at a minimum, applications for: (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 agency of the state
and unit of local government 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. All agencies of the state
and local governments shall accept the single application developed under
section 3 of this act. Unless the procedures under section 6 of this act are
invoked, the application shall be processed without charge and permit decisions
shall be issued within forty-five days of receipt of a complete application.
NEW SECTION. Sec.
6. The applicant or any
state agency, tribe, or local government with permit processing responsibility
may request that the permit assistance center created by chapter ..., Laws of
1995 (House Bill No. 1724) appoint a project facilitator to develop in
consultation with the applicant and permit agencies a coordinated process for
permit decisions on the application. The process may incorporate procedures
for coordinating state permits under chapter ..., Laws of 1995 (House Bill No.
1724). The center shall adopt a target of completing permit decisions within
forty-five days of receipt of a complete application.
If House Bill No. 1724
is not enacted by June 30, 1995, this section shall be null and void.
NEW SECTION. Sec.
7. State agencies, tribes,
and local governments 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. Nothing in this act precludes local governments, state agencies, and
tribes from working out other cooperative permitting agreements outside the procedures
of this act.
NEW SECTION. Sec.
8. 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 7 of this
act.
NEW SECTION. Sec.
9. 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 7 of this
act.
NEW SECTION. Sec.
10. 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 7 of this
act.
NEW SECTION. Sec.
11. 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 7 of this
act.
NEW SECTION. Sec.
12. 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.
13. 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 7 of this
act.
NEW SECTION. Sec.
14. 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 7 of this act.
NEW SECTION. Sec.
15. 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 7 of this act. Public review of proposed
watershed restoration projects may be shortened or waived by the department.
NEW SECTION. Sec.
16. 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 shall 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.
17. Sections 1 through 7 of
this act are each added to chapter 89.08 RCW.
