BILL REQ. #:  S-3511.1 

Read first time 01/15/2004.   Referred to Committee on Parks, Fish & Wildlife.

     AN ACT Relating to general permits; adding a new section to chapter 77.55 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   A new section is added to chapter 77.55 RCW to read as follows:
     (1) The department may issue general permits for any category of activities if the department determines that the activities in such a category are similar in nature, will cause only minimal adverse impacts on fish life when performed separately, and will have only a minimal cumulative impact on fish life. General permits may be issued for a period of up to five years.
     (2) The general permit must include the following:
     (a) A precise description of the activities covered by the permit;
     (b) The conditions and practices an applicant must follow to receive coverage under the permit;
     (c) The geographic scope of the permit;
     (d) The method to obtain coverage under the permit; and
     (e) Any requirements for reporting at project completion.
     (3) Notice of any proposed general permit and a request for public comment must be published in the Washington State Register, in a newspaper of general circulation in the geographic area covered by the general permit, and on the department's web site. The department must provide at least thirty days after the notice is published before the general permit is finalized. The department may provide an additional period for public comment and public hearings if required by the complexity of the permit and degree of public interest.
     (4) Any person aggrieved by the issuance of a general permit under this section may appeal the decision according to the provisions of chapter 34.05 RCW. Coverage under the general permit for individual projects is not subject to appeal.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.58 RCW to read as follows:
     (1) A local government may issue general permits for any category of activities subject to the requirements for a substantial development permit under RCW 90.58.140 if the local government determines that the activities in such a category are similar in nature, will cause only minimal adverse impacts on shorelines when performed separately, will have only a minimal cumulative impact on shorelines, and are consistent with the local master program. General permits may be issued for a period of up to five years.
     (2) The general permit must include the following:
     (a) A precise description of the activities covered by the permit;
     (b) The conditions and practices an applicant must follow to receive coverage under the permit;
     (c) The geographic scope of the permit;
     (d) The method to obtain coverage under the permit; and
     (e) Any requirements for reporting at project completion.
     (3) Notice of any proposed general permit and a request for public comment must be published in a newspaper of general circulation in the geographic area covered by the general permit, or in any other manner deemed appropriate by the local government. The local government must provide at least thirty days after the notice is published before the general permit is finalized. The local government may provide an additional period for public comment and public hearings if required by the complexity of the permit and degree of public interest.
     (4) Any person aggrieved by the issuance of a general permit under this section may appeal the general permit to the shorelines hearings board according to the procedures in RCW 90.58.180. Coverage under the general permit for individual projects is not subject to appeal.