RCW 43.21C.0384
Application of RCW 43.21C.030(2)(c) to wireless services facilities—Reporting requirement—Definitions.
(1) Decisions pertaining to applications to site wireless service facilities are not subject to the requirements of RCW 43.21C.030(2)(c), if those facilities meet the following requirements:
(a) The collocation of new equipment, removal of equipment, or replacement of existing equipment on existing or replacement structures does not substantially change the physical dimensions of such structures; or
(b) The siting project involves constructing a wireless service tower less than sixty feet in height that is located in a commercial, industrial, manufacturing, forest, or agricultural zone. This exemption does not apply to projects within a designated critical area.
(2) The exemption authorized under subsection (1) of this section may only be applied to a project consisting of a series of actions when all actions in the series are categorically exempt and the actions together do not have a probable significant adverse environmental impact.
(3) The department of ecology shall adopt rules to create a categorical exemption for wireless service facilities that meet the conditions set forth in subsections (1) and (2) of this section.
(4) By January 1, 2020, all wireless service providers granted an exemption to RCW 43.21C.030(2)(c) must provide the legislature with the number of permits issued pertaining to wireless service facilities, the number of exemptions granted under this section, and the total dollar investment in wireless service facilities between July 1, 2013, and June 30, 2019.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Collocation" means the mounting or installation of equipment on an existing tower, building, or structure for the purpose of either transmitting or receiving, or both, radio frequency signals for communications purposes.
(b) "Existing structure" means any existing tower, pole, building, or other structure capable of supporting wireless service facilities.
(c) "Substantially change the physical dimensions" means:
(i) The mounting of equipment on a structure that would increase the height of the structure by more than ten percent, or twenty feet, whichever is greater; or
(ii) The mounting of equipment that would involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than twenty feet, or more than the width of the structure at the level of the appurtenance, whichever is greater.
(d) "Wireless service facilities" means facilities for the provision of wireless services.
(e) "Wireless services" means wireless data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
[ 2013 c 317 § 1; 1996 c 323 § 2.]
NOTES:
Alphabetization—2013 c 317: "The code reviser is directed to put the defined terms in RCW 43.21C.0384(5) into alphabetical order." [ 2013 c 317 § 2.]
Findings—1996 c 323: See note following RCW 43.70.600.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.21C - State Environmental Policy.
43.21C.020 - Legislative recognitions—Declaration—Responsibility.
43.21C.030 - Guidelines for state agencies, local governments—Statements—Reports—Advice—Information.
43.21C.0301 - Decisions not subject to RCW 43.21C.030.
43.21C.031 - Significant impacts.
43.21C.0311 - Final environmental impact statements—Expeditious manner—Time limit—Reports.
43.21C.033 - Threshold determination to be made within ninety days after application is complete.
43.21C.034 - Use of existing documents.
43.21C.035 - Certain irrigation projects decisions exempt from RCW 43.21C.030(2)(c).
43.21C.037 - Application of RCW 43.21C.030(2)(c) to forest practices.
43.21C.038 - Application of RCW 43.21C.030(2)(c) to school closures.
43.21C.0381 - Application of RCW 43.21C.030(2)(c) to decisions pertaining to air operating permits.
43.21C.0383 - Application of RCW 43.21C.030(2)(c) to waste discharge permits.
43.21C.039 - Metals mining and milling operations—Environmental impact statements required.
43.21C.050 - Specific statutory obligations not affected.
43.21C.060 - Chapter supplementary—Conditioning or denial of governmental action.
43.21C.065 - Impact fees and fees for system improvements.
43.21C.087 - List of filings required by RCW 43.21C.080.
43.21C.090 - Decision of governmental agency to be accorded substantial weight.
43.21C.095 - State environmental policy act rules to be accorded substantial deference.
43.21C.110 - Content of state environmental policy act rules.
43.21C.120 - Rules, ordinances, resolutions and regulations—Adoption—Effective dates.
43.21C.130 - Model ordinances.
43.21C.170 - Council on environmental policy.
43.21C.175 - Council on environmental policy—Personnel.
43.21C.210 - Certain actions during state of emergency exempt from chapter.
43.21C.220 - Incorporation of city or town exempt from chapter.
43.21C.222 - Annexation by city or town exempt from chapter.
43.21C.225 - Consolidation and annexation of cities and towns exempt from chapter.
43.21C.229 - Infill development—Categorical exemptions from chapter.
43.21C.230 - Development and adoption of plan under chapter 43.180 RCW exempt from chapter.
43.21C.240 - Project review under the growth management act.
43.21C.250 - Forest practices board—Emergency rules—Exempt from chapter.
43.21C.300 - Workshops—Handbook.
43.21C.400 - Unfinished nuclear power projects—Council action exempt from this chapter.
43.21C.410 - Battery charging and exchange station installation.
43.21C.430 - Certain fish protection standards exempt from compliance with chapter.
43.21C.440 - Planned action—Defined—Authority of a county, city, or town—Community meetings.
43.21C.450 - Nonproject actions exempt from requirements of chapter.
43.21C.460 - Environmental checklist—Authority of lead agency—Limitations of section.
43.21C.470 - Categorical exemption for structurally deficient bridges—Definition.
43.21C.480 - Repair or replacement of structurally deficient state bridges exempt from chapter.
43.21C.490 - Formation of community facilities districts exempt from this chapter.
43.21C.503 - Exempt projects—Environmental checklist not required.
43.21C.515 - Projects permitted pursuant to RCW 77.55.480—Not subject to RCW 43.21C.030(2).
43.21C.520 - Review of greenhouse gas emissions from a new or expanded facility.
43.21C.911 - Section headings not part of law—1983 c 117.