Revised Code of Washington
Chapter 43.21C - State Environmental Policy.
43.21C.080 - Notice of action by governmental agency—How publicized—Time limitation for commencing challenge to action.

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

(1) Notice of any action taken by a governmental agency may be publicized by the acting governmental agency, the applicant for, or the proponent of such action, in substantially the form as set forth in rules adopted under RCW 43.21C.110:
(a) By publishing notice on the same day of each week for two consecutive weeks in a legal newspaper of general circulation in the area where the property which is the subject of the action is located;
(b) By filing notice of such action with the department of ecology at its main office in Olympia prior to the date of the last newspaper publication; and
(c) Except for those actions which are of a nonproject nature, by one of the following methods which shall be accomplished prior to the date of first newspaper publication;
(i) Mailing to the latest recorded real property owners, as shown by the records of the county treasurer, who share a common boundary line with the property upon which the project is proposed through United States mail, first class, postage prepaid.
(ii) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed.
(2)(a) Except as otherwise provided in RCW 43.21C.075(5)(a), any action to set aside, enjoin, review, or otherwise challenge any such governmental action or subsequent governmental action for which notice is given as provided in subsection (1) of this section on grounds of noncompliance with the provisions of this chapter shall be commenced within twenty-one days from the date of last newspaper publication of the notice pursuant to subsection (1) of this section, or be barred.
(b) Any subsequent governmental action on the proposal for which notice has been given as provided in subsection (1) of this section shall not be set aside, enjoined, reviewed, or otherwise challenged on grounds of noncompliance with the provisions of RCW 43.21C.030(2)(a) through (h) unless there has been a substantial change in the proposal between the time of the first governmental action and the subsequent governmental action that is likely to have adverse environmental impacts beyond the range of impacts previously analyzed, or unless the action now being considered was identified in an earlier detailed statement or declaration of nonsignificance as being one which would require further environmental evaluation.

[ 1995 c 347 § 205; 1977 ex.s. c 278 § 1; 1974 ex.s. c 179 § 2; 1973 1st ex.s. c 179 § 2.]
NOTES:

Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.


Purpose—1974 ex.s. c 179: "The purpose of this 1974 amendatory act is to establish methods and means of providing for full implementation of chapter 43.21C RCW (the state environmental policy act of 1971) in a manner which reduces duplicative and wasteful practices, establishes effective and uniform procedures, encourages public involvement, and promotes certainty with respect to the requirements of the act." [ 1974 ex.s. c 179 § 1.]


Effective date—1973 1st ex.s. c 179: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect on July 1, 1973: PROVIDED, HOWEVER, That prior thereto, the department of ecology may take such actions, including the issuing of notices and the conduct of public hearing, as are necessary to insure the implementation of section 1 of this act." [ 1973 1st ex.s. c 179 § 4.]

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.