PDFRCW 43.21C.450

Nonproject actions exempt from requirements of chapter.

The following nonproject actions are categorically exempt from the requirements of this chapter:
(1) Amendments to development regulations that are required to ensure consistency with an adopted comprehensive plan pursuant to RCW 36.70A.040, where the comprehensive plan was previously subjected to environmental review pursuant to this chapter and the impacts associated with the proposed regulation were specifically addressed in the prior environmental review;
(2) Amendments to development regulations that are required to ensure consistency with a shoreline master program approved pursuant to RCW 90.58.090, where the shoreline master program was previously subjected to environmental review pursuant to this chapter and the impacts associated with the proposed regulation were specifically addressed in the prior environmental review;
(3) Amendments to development regulations that, upon implementation of a project action, will provide increased environmental protection, limited to the following:
(a) Increased protections for critical areas, such as enhanced buffers or setbacks;
(b) Increased vegetation retention or decreased impervious surface areas in shoreline jurisdiction; and
(c) Increased vegetation retention or decreased impervious surface areas in critical areas;
(4) Amendments to technical codes adopted by a county, city, or town to ensure consistency with minimum standards contained in state law, including the following:
(a) Building codes required by chapter 19.27 RCW;
(b) Energy codes required by chapter 19.27A RCW; and
(c) Electrical codes required by chapter 19.28 RCW;
(5) Adoption or amendment of ordinances, development regulations, zoning regulations, and other official controls necessary to comply with RCW 35A.21.440 and 35.21.990;
(6) Amendments to development regulations to remove requirements for parking from development proposed to fill in an urban growth area designated according to RCW 36.70A.110.
[ 2023 c 332 § 9; 2023 c 285 § 4; 2012 1st sp.s. c 1 § 307.]

NOTES:

Reviser's note: This section was amended by 2023 c 285 § 4 and by 2023 c 332 § 9, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding2023 c 332: See note following RCW 36.70A.635.
FindingIntentLimitationJurisdiction/authority of Indian tribe under act2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act2012 1st sp.s. c 1: See note following RCW 76.09.040.