BILL REQ. #:  S-4418.1 

READ FIRST TIME 02/03/12.   

     AN ACT Relating to harmonizing federal exemptions for agricultural practices with state law; and adding a new section to chapter 90.48 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.48 RCW to read as follows:
     The discharge of dredge or fill material is not prohibited by or otherwise subject to regulation under this chapter if the discharge of dredge or fill material is:
     (1) From normal farming, silviculture, or ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices when conducted according to sound agricultural practices;
     (2) For the purposes of construction or maintenance of farm or farm stock ponds or irrigation ditches, or the maintenance of drainage ditches when conducted according to sound agricultural practices; or
     (3) For the purpose of construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where these roads are constructed and maintained in accordance with best management practices to ensure that flow and circulation patterns and chemical and biological characteristics of the navigable waters are not impaired, that the reach of the navigable waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized.