WSR 25-13-099
EXPEDITED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed June 17, 2025, 3:16 p.m.]
Title of Rule and Other Identifying Information: WAC 220-660-490 Habitat recovery projects.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to repeal WAC 220-660-490, which incorporates RCW
77.55.480 by reference into the hydraulic code rules. RCW
77.55.480 created the habitat recovery pilot program (HRPP). The purpose of the HRPP program was to streamline state and local permitting for qualifying habitat recovery projects. The HRPP program expired on June 30, 2025. With the expiration of the pilot program, permitting procedures have reverted to the pre-HRPP requirements. Habitat recovery projects must now have a standard hydraulic project approval permit from the Washington department of fish and wildlife (WDFW) and all other relevant state and local permits, or else qualify for streamlined permitting as a fish habitat enhancement project. That streamlining program is described in RCW
77.55.181.
Reasons Supporting Proposal: The language in WAC 220-660-490 is no longer relevant because the statutory authority that it incorporates by reference has expired.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Theresa Nation, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2562; Enforcement: Chief Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-338-2895.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: If a permit streamlining program is permanently adopted by the state legislature in the future, WDFW will conduct new rule making that is specific to that legislation.
This notice meets the following criteria to use the expedited adoption process for these rules:
Content is explicitly and specifically dictated by statute.
This notice meets the following criteria to use the expedited repeal process for these rules:
The rule is no longer necessary because of changed circumstances.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Expedited rule making is appropriate for repealing WAC 220-660-490 because that rule incorporates by reference a statute for a pilot program that expired on June 30, 2025.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Scott Bird, WDFW, P.O. Box 43200, Olympia, WA 98504, phone 855-925-2801, project code 11629, email 2025cr105hrpp@publicinput.com, https://publicinput.com/2025cr105hrpp, BEGINNING June 18, 2025, 12:00 p.m., AND RECEIVED BY August 19, 2025, 11:59 p.m.
June 18, 2025
Scott Bird
Rules Coordinator