BILL REQ. #:  S-3323.1 

Read first time 01/11/10.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to permit review for small scale fish enhancement projects; and amending RCW 77.55.181.

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

Sec. 1   RCW 77.55.181 and 2005 c 146 s 505 are each amended to read as follows:
     (1) In order to receive the permit review and approval process created in this section, a small size and scale fish habitat enhancement project must meet the criteria under (a) and (b) of this subsection:
     (a) A fish habitat enhancement project must be a project to accomplish one or more of the following tasks:
     (i) Elimination of instream human-made fish passage barriers, including culvert repair and replacement;
     (ii) Restoration of an eroded or unstable streambank employing the principle 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))
     (iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks; or
     (iv) Restoration of a stream side channel or riparian wetland area less than one acre in size.
     The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety; and
     (b) A fish habitat enhancement project must be approved in one of the following ways:
     (i) By the department pursuant to chapter 77.95 or 77.100 RCW;
     (ii) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW;
     (iii) By the department as a department-sponsored fish habitat enhancement or restoration project;
     (iv) Through the review and approval process for the jobs for the environment program;
     (v) Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the conservation commission through interagency agreement with the United States fish and wildlife service and the natural resource conservation service;
     (vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration; and
     (vii) Through other formal review and approval processes established by the legislature.
     (2) Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (1) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2)(c).
     (3)(a) A permit is required for projects that meet the criteria of subsection (1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the office of regulatory assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department and to each appropriate local government. Local governments shall accept the application as notice of the proposed project. The department shall provide a fifteen-day comment period during which it will receive comments regarding environmental impacts. Within forty-five days, the department shall either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.
     (b) Any person aggrieved by the approval, denial, conditioning, or modification of a permit under this section may formally appeal the decision to the board pursuant to the provisions of this chapter.
     (4) No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this section.
     (5) Project approvals under this section shall not be made until the department has developed and adopted rules to define the size and scale thresholds for projects covered by this section.