AN
ACT Relating to flood damage reduction; and amending RCW 75.20.100.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
75.20.100 and 1993 sp.s. c 2 s 30 are each amended to read as follows:
(1)
In the event that any person or government agency desires to construct any form
of hydraulic project or perform other work that will use, divert, obstruct, or
change the natural flow or bed of any of the salt or fresh waters of the state,
such person or government agency shall, before commencing construction or work
thereon and to ensure the proper protection of fish life, secure the ((written))
approval of the department as to the adequacy of the means proposed for the
protection of fish life. This approval shall not be unreasonably withheld.
(2)(a)
Except as provided in RCW 75.20.1001 ((and 75.20.1002)), the department
shall grant or deny approval of a standard permit within forty-five
calendar days of the receipt of a complete application and notice of compliance
with any applicable requirements of the state environmental policy act, made in
the manner prescribed in this section.
(b)
The applicant may document receipt of application by filing in person or by
registered mail. A complete application for approval shall contain general
plans for the overall project, complete plans and specifications of the
proposed construction or work within the mean higher high water line in salt
water or within the ordinary high water line in fresh water, and complete plans
and specifications for the proper protection of fish life.
(c)
The forty-five day requirement shall be suspended if (((1))):
(i)
After ten working days of receipt of the application, the applicant remains
unavailable or unable to arrange for a timely field evaluation of the proposed
project;
(((2)))
(ii) The site is physically inaccessible for inspection; or
(((3)))
(iii) The applicant requests delay. Immediately upon determination that
the forty-five day period is suspended, the department shall notify the
applicant in writing of the reasons for the delay.
(d)
For purposes of this section, "standard permit" means a written
permit issued by the department when the conditions under subsections (3) and
(6)(b) of this section are not met.
(3)(a)
The department may issue an expedited written permit in those instances where
normal permit processing would result in significant hardship for the applicant
or unacceptable damage to the environment. In cases of imminent danger, the
department shall issue an expedited written permit, upon request, for work to
repair existing structures, move obstructions, restore banks, protect property,
or protect fish resources. Expedited permit requests require a complete
written application as provided in subsection (2)(b) of this section and shall
be issued within fifteen calendar days of the receipt of a complete written
application. Approval of an expedited permit is valid for up to sixty days
from the date of issuance.
(b)
For the purposes of this subsection, "imminent danger" means a threat
by weather, water flow, or other natural conditions that is likely to occur
within sixty days of a request for a permit application.
(c)
The department may not require the provisions of the state environmental policy
act, chapter 43.21C RCW, to be met as a condition of issuing a permit under
this subsection.
(d)
The department or the county legislative authority may determine if an imminent
danger exists. The county legislative authority shall notify the department,
in writing, if it determines that an imminent danger exists.
(4)
Approval of a standard permit is valid for a period of up to five years
from date of issuance. The permittee must demonstrate substantial progress on
construction of that portion of the project relating to the approval within two
years of the date of issuance. If the department denies approval, the
department shall provide the applicant, in writing, a statement of the specific
reasons why and how the proposed project would adversely affect fish life.
Protection of fish life shall be the only ground upon which approval may be
denied or conditioned. Chapter 34.05 RCW applies to any denial of project
approval, conditional approval, or requirements for project modification upon
which approval may be contingent.
(5)
If any person or government agency commences construction on any hydraulic
works or projects subject to this section without first having obtained ((written))
approval of the department as to the adequacy of the means proposed for the
protection of fish life, or if any person or government agency fails to follow
or carry out any of the requirements or conditions as are made a part of such
approval, the person or director of the agency is guilty of a gross
misdemeanor. If any such person or government agency is convicted of violating
any of the provisions of this section and continues construction on any such
works or projects without fully complying with the provisions hereof, such
works or projects are hereby declared a public nuisance and shall be subject to
abatement as such.
((For
the purposes of this section and RCW 75.20.103, "bed" shall mean the
land below the ordinary high water lines of state waters. This definition
shall not include irrigation ditches, canals, storm water run-off devices, or
other artificial watercourses except where they exist in a natural watercourse
that has been altered by man.
The
phrase "to construct any form of hydraulic project or perform other
work" shall not include the act of driving across an established ford.
Driving across streams or on wetted stream beds at areas other than established
fords requires approval. Work within the ordinary high water line of state
waters to construct or repair a ford or crossing requires approval.))
(6)(a)
In case of an emergency arising from weather or stream flow conditions or other
natural conditions, the department, through its authorized representatives,
shall issue immediately, upon request, oral approval for removing
any obstructions, repairing existing structures, restoring stream banks, or to
protect property threatened by the stream or a change in the stream flow
without the necessity of obtaining a written approval prior to commencing
work. Conditions of an oral approval to protect fish life shall be established
by the department and reduced to writing within thirty days and complied
with as provided for in this section. Oral approval shall be granted
immediately, upon request, for a stream crossing during an emergency
situation.
(b)
For purposes of this section and RCW 75.20.103, "emergency" means an
immediate threat to life, the public, property, or of environmental
degradation.
(c)
The department or the county legislative authority may declare and continue an
emergency when one or more of the criteria under (b) of this subsection are
met. The county legislative authority shall immediately notify the department
if it declares an emergency under this subsection.
(7)
The department shall, at the request of a county, develop five-year maintenance
approval agreements, consistent with comprehensive flood control management
plans adopted under the authority of RCW 86.12.200, or other watershed plan
approved by a county legislative authority, to allow for work on public and
private property for bank stabilization, bridge repair, removal of sand bars
and debris, channel maintenance, and other flood damage repair and reduction
activity under agreed-upon conditions and times without obtaining permits for
specific projects.
(8)
This section shall not apply to the construction of any form of hydraulic
project or other work which diverts water for agricultural irrigation or stock
watering purposes authorized under or recognized as being valid by the state's
water codes, or when such hydraulic project or other work is associated with
streambank stabilization to protect farm and agricultural land as defined in
RCW 84.34.020. These irrigation or stock watering diversion and streambank
stabilization projects shall be governed by RCW 75.20.103.
(9)
For the purposes of this section and RCW 75.20.103, "bed" means the
land below the ordinary high water lines of state waters. This definition does
not include irrigation ditches, canals, storm water run-off devices, or other
artificial watercourses except where they exist in a natural watercourse that
has been altered by man.
(10) The phrase "to construct any form of hydraulic project
or perform other work" does not include the act of driving across an
established ford. Driving across streams or on wetted stream beds at areas
other than established fords requires approval. Work within the ordinary high
water line of state waters to construct or repair a ford or crossing requires
approval.
