Revised Code of Washington
Chapter 43.21C - State Environmental Policy.
43.21C.060 - Chapter supplementary—Conditioning or denial of governmental action.

RCW 43.21C.060
Chapter supplementary—Conditioning or denial of governmental action.

The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of all branches of government of this state, including state agencies, municipal and public corporations, and counties. Any governmental action may be conditioned or denied pursuant to this chapter: PROVIDED, That such conditions or denials shall be based upon policies identified by the appropriate governmental authority and incorporated into regulations, plans, or codes which are formally designated by the agency (or appropriate legislative body, in the case of local government) as possible bases for the exercise of authority pursuant to this chapter. Such designation shall occur at the time specified by RCW 43.21C.120. Such action may be conditioned only to mitigate specific adverse environmental impacts which are identified in the environmental documents prepared under this chapter. These conditions shall be stated in writing by the decision maker. Mitigation measures shall be reasonable and capable of being accomplished. In order to deny a proposal under this chapter, an agency must find that: (1) The proposal would result in significant adverse impacts identified in a final or supplemental environmental impact statement prepared under this chapter; and (2) reasonable mitigation measures are insufficient to mitigate the identified impact. Except for permits and variances issued pursuant to chapter 90.58 RCW, when such a governmental action, not requiring a legislative decision, is conditioned or denied by a nonelected official of a local governmental agency, the decision shall be appealable to the legislative authority of the acting local governmental agency unless that legislative authority formally eliminates such appeals. Such appeals shall be in accordance with procedures established for such appeals by the legislative authority of the acting local governmental agency.

[ 1983 c 117 § 3; 1977 ex.s. c 278 § 2; 1971 ex.s. c 109 § 6.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.21C - State Environmental Policy.

43.21C.010 - Purposes.

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.036 - Hazardous substance remedial actions—Procedural requirements and documents to be integrated.

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.0382 - Application of RCW 43.21C.030(2)(c) to watershed restoration projects—Fish habitat enhancement projects.

43.21C.0383 - Application of RCW 43.21C.030(2)(c) to waste discharge permits.

43.21C.0384 - Application of RCW 43.21C.030(2)(c) to wireless services facilities—Reporting requirement—Definitions.

43.21C.039 - Metals mining and milling operations—Environmental impact statements required.

43.21C.040 - Examination of laws, regulations, policies by state agencies and local authorities—Report of deficiencies and corrective measures.

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.075 - Appeals.

43.21C.080 - Notice of action by governmental agency—How publicized—Time limitation for commencing challenge to action.

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.135 - Authority of local governmental units to adopt rules, guidelines and model ordinances by reference.

43.21C.150 - RCW 43.21C.030(2)(c) inapplicable when statement previously prepared pursuant to national environmental policy act.

43.21C.160 - Utilization of statement prepared under RCW 43.21C.030 to implement chapter 90.62 RCW—Utilization of chapter 90.62 RCW procedures to satisfy RCW 43.21C.030(2)(c).

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.227 - Disincorporation of a city or town or reduction of city or town limits 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.260 - Certain actions not subject to RCW 43.21C.030(2)(c)—Threshold determination on a watershed analysis.

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.420 - Comprehensive plans and development regulations—Optional elements—Nonproject environmental impact statements—Subarea plans—Transfer of development rights program—Recovery of expenses.

43.21C.428 - Recovery of expenses of nonproject environmental impact statements—Fees for subsequent development.

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.495 - Adoption of ordinances, development regulations, and other nonproject actions—Certain actions not subject to administrative or judicial appeals.

43.21C.501 - Certain project actions evaluated under this chapter by a city or town planning under RCW 36.70A.040—When exempt from appeals under 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.525 - Model ordinances created under RCW 70A.207.030—Certain actions not subject to the requirements of this chapter.

43.21C.900 - Short title.

43.21C.911 - Section headings not part of law—1983 c 117.

43.21C.912 - Applicability—1983 c 117.

43.21C.914 - Effective dates—1983 c 117.