BILL REQ. #: H-1907.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/17/11.
AN ACT Relating to streamlining the state environmental policy act process; and adding new sections to chapter 43.21C RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 43.21C RCW
to read as follows:
(1) The proposed actions contained in this section are
categorically exempt from the requirements of this chapter if the
proposed action is within an urban growth area designated under RCW
36.70A.110. For a specific proposal, the exemptions in subsections (2)
through (7) of this section control, unless the city or county in which
the project is located establishes an alternative exemption level
consistent with section 2 of this act. If the proposed action is
located in more than one city or county, the lower of the agencies'
adopted levels controls regardless of which agency is the lead agency.
(2) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the following types of construction are exempt
under subsection (1) of this section:
(a) The construction or location of any residential structures of
eighty dwelling units or fewer;
(b) The construction of a barn, loafing shed, farm equipment
storage building, produce storage or packing structure, or similar
agricultural structure, covering up to twenty thousand square feet, and
to be used only by the property owner or the property owner's agent in
the conduct of farming the property. This exemption does not apply to
feed lots;
(c) The construction of an office, school, commercial,
recreational, service, or storage building with forty thousand or fewer
square feet of gross floor area;
(d) The construction of a parking lot designed for eighty
automobiles or fewer;
(e) Any landfill or excavation of two thousand cubic yards or fewer
of disturbed area throughout the total lifetime of the fill or
excavation;
(f) The construction or installation of minor road and street
improvements, such as: Pavement marking; freeway surveillance and
control systems; railroad protective devices, not including grade-separated crossings; grooving; glare screen; safety barriers; energy
attenuators; transportation corridor landscaping, including the
application of Washington state department of agriculture-approved
herbicides by licensed personnel for right-of-way weed control as long
as this is not within watersheds controlled for the purpose of drinking
water quality; temporary traffic controls and detours; correction of
substandard curves and intersections within existing rights-of-way;
widening of a highway by less than a single lane width and no new
right-of-way is required; adding auxiliary lanes for localized
purposes, such as weaving, climbing, speed change, etc., and no new
right-of-way is required; channelization and elimination of sight
restrictions at intersections; street lighting; guard rails and
barricade installation; installation of catch basins and culverts; and
reconstruction of existing roadbed (existing curb-to-curb in urban
locations), including adding or widening of shoulders, addition of
bicycle lanes, paths and facilities, and pedestrian walks and paths,
but not including additional automobile lanes;
(g) Grading, excavating, filling, septic tank installations, and
landscaping necessary for any building or facility exempted under this
section, as well as fencing and the construction of small structures
and minor facilities accessory thereto;
(h) The installation of impervious underground tanks having a
capacity of ten thousand gallons or fewer or multiple tanks having a
capacity of one hundred thousand gallons or fewer; and
(i) The removal of impervious underground tanks regardless of their
capacity.
(3) The exemptions provided in subsection (2)(f) through (i) of
this section apply to all licenses required to undertake the proposed
action, except where a rezone is required.
(4) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the repair, remodeling, maintenance, or minor
alteration of existing private or public structures, facilities, or
equipment, including utilities, involving no material expansions are
exempt under subsection (1) of this section.
(a) The following maintenance activities are not exempt under this
subsection:
(i) Dredging;
(ii) The reconstruction or maintenance of groins and similar
shoreline protection structures;
(iii) The replacement of utility cables that must be buried under
the surface of the bedlands; or
(iv) The repair or rebuilding of major dams, dikes, and reservoirs.
(b) If undertaken wholly or partly on lands covered by water in a
jurisdiction without a valid critical areas code under chapter 36.70A
RCW, only minor repairs or replacement of structures, including the
repair or replacement of piling, ramps, floats, or mooring buoys, or
minor repair, alteration, or maintenance of docks are exempt under
subsection (1) of this section.
(5) Except when undertaken on lands covered by water in a
jurisdiction without a valid critical areas code under chapter 36.70A
RCW, the approval of short plats or short subdivisions under RCW
58.17.060 are exempt under subsection (1) of this section. Further
short subdivisions or short platting within a plat or subdivision are
also exempt when the total lots do not exceed nine.
(6) All technical codes meeting minimum standards are exempt from
the requirements of this chapter.
(7) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the following types of utility-related actions are
exempt under subsection (1) of this section:
(a) All storm water, water and sewer facilities, lines, equipment,
hookups, or appurtenances, including, utilizing, or related to lines
twenty-four inches or fewer in diameter.
(b) The exemption includes installation and construction,
relocation when required by other governmental bodies, repair,
replacement, maintenance, operation, or alteration, that does not
change the action from an exempt class.
NEW SECTION. Sec. 2 A new section is added to chapter 43.21C RCW
to read as follows:
(1) The proposed actions contained in this section are
categorically exempt from the requirements of this chapter if the
proposed action is within an urban growth area designated under RCW
36.70A.110, and the city or county in which the project is located
establishes an exemption level consistent with this section. If a city
or county does not establish an exemption level under this section, the
exemption levels in section 1 of this act apply. If the proposed
action is located in more than one city or county, the lower of the
agencies' adopted levels controls regardless of which agency is the
lead agency.
(2) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the following types of construction are exempt
under subsection (1) of this section:
(a) The construction or location of any residential structures of
one hundred sixty dwelling units or fewer;
(b) The construction of an office, school, commercial,
recreational, service, or storage building with eighty thousand or
fewer square feet of gross floor area, and with associated parking
facilities designed for two hundred automobiles or fewer;
(c) The construction of a parking lot designed for two hundred
automobiles or fewer; and
(d) Any landfill or excavation of four thousand cubic yards or
fewer of disturbed area throughout the total lifetime of the fill or
excavation.
NEW SECTION. Sec. 3 A new section is added to chapter 43.21C RCW
to read as follows:
(1) The proposed actions contained in this section are
categorically exempt from the requirements of this chapter if the
proposed action is outside an urban growth area and is not on natural
resources lands designated under RCW 36.70A.110. For a specific
proposal, the exemptions in subsections (2) through (7) of this section
control. If the proposed action is located in more than one city or
county, the lower of the agencies' adopted levels controls regardless
of which agency is the lead agency.
(2) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the following types of construction are exempt
under subsection (1) of this section:
(a) The construction or location of any residential structures of
thirty dwelling units or fewer;
(b) The construction of a barn, loafing shed, farm equipment
storage building, produce storage or packing structure, or similar
agricultural structure, covering up to twenty thousand square feet, and
to be used only by the property owner or the property owner's agent in
the conduct of farming the property. This exemption does not apply to
feed lots;
(c) The construction of an office, school, commercial,
recreational, service, or storage building with twenty thousand or
fewer square feet of gross floor area, and with associated parking
facilities designed for sixty automobiles or fewer;
(d) The construction of a parking lot designed for sixty
automobiles or fewer;
(e) Any landfill or excavation of eight hundred cubic yards or
fewer of disturbed area throughout the total lifetime of the fill or
excavation;
(f) The construction or installation of minor road and street
improvements, such as: Pavement marking; freeway surveillance and
control systems; railroad protective devices, not including grade-
separated crossings; grooving; glare screen; safety barriers; energy
attenuators; transportation corridor landscaping, including the
application of Washington state department of agriculture-approved
herbicides by licensed personnel for right-of-way weed control as long
as this is not within watersheds controlled for the purpose of drinking
water quality; temporary traffic controls and detours; correction of
substandard curves and intersections within existing rights-of-way;
widening of a highway by less than a single lane width and no new
right-of-way is required; adding auxiliary lanes for localized
purposes, such as weaving, climbing, speed change, etc., and no new
right-of-way is required; channelization and elimination of sight
restrictions at intersections; street lighting; guard rails and
barricade installation; installation of catch basins and culverts; and
reconstruction of existing roadbed (existing curb-to-curb in urban
locations), including adding or widening of shoulders, addition of
bicycle lanes, paths and facilities, and pedestrian walks and paths,
but not including additional automobile lanes;
(g) Grading, excavating, filling, septic tank installations, and
landscaping necessary for any building or facility exempted under this
section, as well as fencing and the construction of small structures
and minor facilities accessory thereto;
(h) The installation of impervious underground tanks having a
capacity of ten thousand gallons or fewer or multiple tanks having a
capacity of one hundred thousand gallons or fewer; and
(i) The removal of impervious underground tanks regardless of their
capacity.
(3) The exemptions provided in subsection (2)(f) through (i) of
this section apply to all licenses required to undertake the proposed
action, except where a rezone is required.
(4) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the repair, remodeling, maintenance, or minor
alteration of existing private or public structures, facilities, or
equipment, including utilities, involving no material expansions are
exempt under subsection (1) of this section.
(a) The following maintenance activities are not exempt under this
subsection:
(i) Dredging;
(ii) The reconstruction or maintenance of groins and similar
shoreline protection structures;
(iii) The replacement of utility cables that must be buried under
the surface of the bedlands; or
(iv) The repair or rebuilding of major dams, dikes, and reservoirs.
(b) If undertaken wholly or partly on lands covered by water in a
jurisdiction without a valid critical areas code under chapter 36.70A
RCW, only minor repairs or replacement of structures, including the
repair or replacement of piling, ramps, floats, or mooring buoys, or
minor repair, alteration, or maintenance of docks are exempt under
subsection (1) of this section.
(5) Except when undertaken on lands covered by water in a
jurisdiction without a valid critical areas code under chapter 36.70A
RCW, the approval of short plats or short subdivisions under RCW
58.17.060 are exempt under subsection (1) of this section. Further
short subdivisions or short platting within a plat or subdivision are
also exempt when the total lots do not exceed nine.
(6) All technical codes meeting minimum standards are exempt from
the requirements of this chapter.
(7) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the following types of utility-related actions are
exempt under subsection (1) of this section:
(a) All storm water, water and sewer facilities, lines, equipment,
hookups, or appurtenances, including, utilizing, or related to lines
twenty-four inches or fewer in diameter.
(b) The exemption includes installation and construction,
relocation when required by other governmental bodies, repair,
replacement, maintenance, operation, or alteration, that does not
change the action from an exempt class.
NEW SECTION. Sec. 4 A new section is added to chapter 43.21C RCW
to read as follows:
(1) The proposed actions contained in this section are
categorically exempt from the requirements of this chapter if the
proposed action is within a planning jurisdiction that is partially
planning under chapter 36.70A RCW, the growth management act. For a
specific proposal, the exemption in subsections (2) through (6) of this
section control. If the proposed action is located in more than one
city or county, the lower of the agencies' adopted levels controls
regardless of which agency is the lead agency.
(2) Except when undertaken wholly or partly on lands covered by
water, the following types of construction are exempt under subsection
(1) of this section:
(a) The construction or location of any residential structures of
twenty dwelling units or fewer;
(b) The construction of a barn, loafing shed, farm equipment
storage building, produce storage or packing structure, or similar
agricultural structure, covering up to twenty thousand square feet, and
to be used only by the property owner or the property owner's agent in
the conduct of farming the property. This exemption does not apply to
feed lots;
(c) The construction of an office, school, commercial,
recreational, service, or storage building with twelve thousand or
fewer square feet of gross floor area, and with associated parking
facilities designed for forty automobiles or fewer;
(d) The construction of a parking lot designed for forty
automobiles or fewer;
(e) Any landfill or excavation of five hundred cubic yards or fewer
of disturbed area throughout the total lifetime of the fill or
excavation;
(f) The construction or installation of minor road and street
improvements, such as: Pavement marking; freeway surveillance and
control systems; railroad protective devices, not including grade-separated crossings; grooving; glare screen; safety barriers; energy
attenuators; transportation corridor landscaping, including the
application of Washington state department of agriculture-approved
herbicides by licensed personnel for right-of-way weed control as long
as this is not within watersheds controlled for the purpose of drinking
water quality; temporary traffic controls and detours; correction of
substandard curves and intersections within existing rights-of-way;
widening of a highway by less than a single lane width and no new
right-of-way is required; adding auxiliary lanes for localized
purposes, such as weaving, climbing, speed change, etc., and no new
right-of-way is required; channelization and elimination of sight
restrictions at intersections; street lighting; guard rails and
barricade installation; installation of catch basins and culverts; and
reconstruction of existing roadbed (existing curb-to-curb in urban
locations), including adding or widening of shoulders, addition of
bicycle lanes, paths and facilities, and pedestrian walks and paths,
but not including additional automobile lanes;
(g) Grading, excavating, filling, septic tank installations, and
landscaping necessary for any building or facility exempted under this
section, as well as fencing and the construction of small structures
and minor facilities accessory thereto; and
(h) The removal and replacement of existing impervious underground
tanks regardless of their capacity.
(3) The exemptions provided in subsection (2)(f) through (h) of
this section apply to all licenses required to undertake the proposed
action, except where a rezone is required.
(4) Except when undertaken wholly or partly on lands covered by
water, the following types of construction are exempt under subsection
(1) of this section:
(a) The repair, remodeling, maintenance, or minor alteration of
existing private or public structures, facilities, or equipment,
including utilities, involving no material expansions;
(b) The following maintenance activities are not exempt under this
subsection:
(i) Dredging;
(ii) The reconstruction or maintenance of groins and similar
shoreline protection structures;
(iii) The replacement of utility cables that must be buried under
the surface of the bedlands; or
(iv) The repair or rebuilding of major dams, dikes, and reservoirs.
(5) All technical codes meeting minimum standards are exempt from
the requirements of this chapter.
(6) Except when undertaken wholly or partly on lands covered by
water, the following types of utility-related actions are exempt under
subsection (1) of this section:
(a) All storm water, water and sewer facilities, lines, equipment,
hookups, or appurtenances, including, utilizing, or related to lines
twenty-four inches or fewer in diameter.
(b) The exemption includes installation and construction,
relocation when required by other governmental bodies, repair,
replacement, maintenance, operation, or alteration, that does not
change the action from an exempt class.
NEW SECTION. Sec. 5 A new section is added to chapter 43.21C RCW
to read as follows:
A city or county may establish an alternative exemption level
consistent with this section. A city or county may set lower exemption
levels for a portion of their jurisdiction or for a specific issue or
subject area if the city or county finds that the local development
code is not fully sufficient to mitigate the impacts of development or
redevelopment.
NEW SECTION. Sec. 6 A new section is added to chapter 43.21C RCW
to read as follows:
Temporary farmers markets or mobile food vendors on previously
developed sites covering up to thirty thousand square feet are
categorically exempt from the requirements of this chapter.
NEW SECTION. Sec. 7 A new section is added to chapter 43.21C RCW
to read as follows:
(1) Proposed actions that are categorically exempt from the
requirements of this chapter are subject to all existing public notice
requirements for development or redevelopment as required under this
chapter.
(2) All jurisdictions must ensure that members of the public, the
department of ecology, and the department of archaeology and historic
preservation receive adequate notice concerning any development or
redevelopment that is categorically exempt from the requirements of
this chapter.