RCW 77.55.011 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) “Bed” means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other artificial watercourses except where they exist in a natural watercourse […]
RCW 77.55.021 Permit. (1) Except as provided in RCW 77.55.031, 77.55.051, 77.55.041, and 77.55.361, in the event that any person or government agency desires to undertake a hydraulic project, the person or government agency shall, before commencing work thereon, secure the approval of the department in the form of a permit as to the adequacy […]
RCW 77.55.031 Driving across established ford. The act of driving across an established ford is exempt from a permit. Driving across streams or on wetted streambeds at areas other than established fords requires a permit. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires a […]
RCW 77.55.041 Derelict fishing, crab, and other shellfish gear—Removal. (1) The removal of derelict fishing gear does not require a permit under this chapter if the gear is removed according to the guidelines described in RCW 77.12.865. (2) The removal of crab and other shellfish gear does not require a permit under this chapter if […]
RCW 77.55.051 Spartina/purple loosestrife—Removal or control. (1) An activity conducted solely for the removal or control of spartina does not require a permit. (2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with handheld tools, handheld equipment, or equipment carried by a person does not require a […]
RCW 77.55.061 Hazardous substance remedial actions—Procedural requirements not applicable. The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action […]
RCW 77.55.081 Removal or control of aquatic noxious weeds—Rules—Pamphlet. (1) By June 30, 1997, the department shall develop rules for projects conducted solely for the removal or control of various aquatic noxious weeds other than spartina and purple loosestrife and for activities or hydraulic projects for controlling purple loosestrife not covered by RCW 77.55.051(2). Following […]
RCW 77.55.091 Small scale prospecting and mining—Rules. (1) Small scale prospecting and mining shall not require a permit under this chapter if the prospecting is conducted in accordance with rules established by the department. (2) By December 31, 1998, the department shall adopt rules applicable to small scale prospecting and mining activities subject to this […]
RCW 77.55.101 Environmental excellence program agreements—Effect on chapter. Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW. [ 1997 c 381 § […]
RCW 77.55.111 Habitat incentives agreement. When a private landowner is applying for a permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in RCW 77.55.121, the department shall comply with the terms of that agreement when evaluating the request […]
RCW 77.55.121 Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors. (1) Beginning in January 1998, the department and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program […]
RCW 77.55.131 Dike vegetation management guidelines—Memorandum of agreement. The department and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99, and state requirements established pursuant to RCW […]
RCW 77.55.151 Permit issued to a marina or marine terminal for regular maintenance activities. (1) Upon application under RCW 77.55.021, the department shall issue a renewable, five-year permit to a marina or marine terminal for its regular maintenance activities identified in the application. (2) For the purposes of this section, regular maintenance activities may include, […]
RCW 77.55.161 Stormwater discharges. (1) Notwithstanding any other provision of this chapter, all permits related to stormwater discharges must follow the provisions established in this section. (2) Permits issued in locations covered by a national pollution discharge elimination system municipal stormwater general permit may not be conditioned or denied for water quality or quantity impacts […]
RCW 77.55.171 Watershed restoration projects—Permit processing. A permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. [ 2005 c 146 § 504; 1995 c 378 § 14. Formerly RCW 77.55.210, 75.20.170.] NOTES: Part headings not law—2005 c 146: See […]
RCW 77.55.181 Fish habitat enhancement project—Permit review and approval process—Fees—Limitation of liability. (1)(a) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under this section and must be a project to accomplish one or more of the following tasks: (i) Elimination […]
RCW 77.55.191 Columbia river anadromous fish sanctuary—Restrictions. (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game […]
RCW 77.55.201 Landscape management plan. A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2) shall serve as a permit for the life of the plan if fish are selected as one of the public resources for coverage under such a plan. [ 2005 c 146 § 507.] […]
RCW 77.55.211 Informational brochure. The department, the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best proceed through the various regulatory permitting processes. [ 2005 c 146 […]
RCW 77.55.221 Flood damage repair and reduction activities—Five-year maintenance permit agreements. The department shall, at the request of a county, develop five-year maintenance permit agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public […]
