RCW 77.55.231 Conditions imposed upon a permit—Reasonably related to project—Least impactful modifications—Minor modifications to plans/work timing. (1)(a) Conditions imposed upon a permit must be reasonably related to the project. The permit conditions must ensure that the project provides proper protection for fish life, but the department may not impose conditions that attempt to optimize conditions […]
RCW 77.55.241 Off-site mitigation. (1) The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost-effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locations that are off-site of the […]
RCW 77.55.251 Mitigation plan review. When reviewing a mitigation plan under RCW 77.55.021, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030. [ 2005 c 146 § 603; 2000 c 107 § 15; 1997 c 424 § 6. Formerly RCW 77.55.090, 75.20.098.] NOTES: Part headings […]
RCW 77.55.261 Placement of woody debris as condition of permit. Whenever the placement of woody debris is required as a condition of a permit issued under RCW 77.55.021, the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant. [ […]
RCW 77.55.271 Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required. The department shall not require mitigation for sediment dredging or capping actions that result in a cleaner aquatic environment and equal or better habitat functions and values, if the actions are taken under a state or federal cleanup action. This […]
RCW 77.55.281 Fishways on certain agricultural drainage facilities. (1) The department may not require a fishway on a tide gate, flood gate, or other associated man-made agricultural drainage facilities as a condition of a permit if such a fishway was not originally installed as part of an agricultural drainage system existing on or before May […]
RCW 77.55.331 Hydraulic project approval account. (1) The hydraulic project approval account is created in the state treasury. All receipts from application fees for hydraulic project approval applications collected under *RCW 77.55.321 must be deposited into the account. (2) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the hydraulic project approval account […]
RCW 77.55.341 Department to prepare and distribute information to the public. The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of this chapter, including the changes resulting from chapter 1, Laws of 2012 1st sp. sess. [ 2012 1st sp.s. c […]
RCW 77.55.351 Department to develop system to provide access to hydraulic project approval applications. The department shall develop a system to provide local governments, affected tribes, and other interested parties with access to hydraulic project approval applications. [ 2012 1st sp.s. c 1 § 108.] NOTES: Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c […]
RCW 77.55.361 Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department’s duties regarding chapter 76.09 RCW. (1) The requirements of this chapter do not apply to any forest practices hydraulic project, or to any activities that are associated with such a project, upon incorporation of fish protection standards adopted […]
RCW 77.55.371 Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract. (1) The department and the department of natural resources shall enter into and maintain a memorandum of agreement between the two agencies that describes how to implement integration of hydraulic project approvals into forest practices applications consistent with […]
RCW 77.55.400 Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination. (1) A person proposing construction or other work landward of the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of state waters shall submit a permit application to the department. However, […]
RCW 77.55.410 Violation of chapter. (1) When the department determines that a violation of this chapter, or of any of the rules that implement this chapter, has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. The department shall offer information and technical assistance to the project proponent, identifying one […]
RCW 77.55.420 Stop work order—Notice—Appeal. (1) The department may serve upon a project proponent a stop work order, which is a final order of the department, if: (a) There is any severe violation of this chapter or of the rules implementing this chapter or there is a deviation from the hydraulic project approval that may […]
RCW 77.55.430 Notice to comply—Notice—Appeal. (1)(a) If a violation of this chapter or of the rules implementing this chapter, a deviation from the hydraulic project approval, damage to fish life or fish habitat, or potential damage to fish life or fish habitat, has occurred and the department determines that a stop work order is unnecessary, […]
RCW 77.55.440 Penalties—Notice—Appeal—Authority of attorney general to recover penalty—Penalty schedule. (b) *[(1)] Penalties must be authorized by senior or executive department personnel. The department shall initiate rule making to identify the appropriate level of senior and executive level staff approval for these actions based on the level of financial effect on the violator and the […]
RCW 77.55.450 Administrative inspection warrant. (1) The department may apply for an administrative inspection warrant in either Thurston county superior court or the superior court in the county in which the hydraulic project is located. The court may issue an administrative inspection warrant where: (a) Department personnel need to inspect the hydraulic project site to […]
RCW 77.55.460 Disapproval of an application—Notice—Review. (1) The department may disapprove an application for hydraulic project approval submitted by a person who has failed to comply with a final order issued pursuant to RCW 77.55.420 or 77.55.430 or who has failed to pay civil penalties issued pursuant to RCW 77.55.440. Applications may be disapproved for […]
RCW 77.55.470 Remedies under chapter not exclusive. The remedies under this chapter are not exclusive and do not limit or abrogate any other civil or criminal penalty, remedy, or right available in law, equity, or statute. [ 2019 c 290 § 11.] NOTES: Finding—Intent—2019 c 290: See note following RCW 77.12.085.
RCW 77.55.480 Habitat recovery pilot program. (Expires June 30, 2025.) (1) The habitat recovery pilot program is created. (2)(a) In order to be included in this statewide pilot program and qualify for the permit review and approval process created in this section, an environmental restoration project must directly benefit freshwater, estuarine, or marine fish, or […]
