Revised Code of Washington
Chapter 43.21C - State Environmental Policy.
43.21C.229 - Infill development—Categorical exemptions from chapter.

RCW 43.21C.229
Infill development—Categorical exemptions from chapter.

(1) In order to accommodate infill development and thereby realize the goals and policies of comprehensive plans adopted according to chapter 36.70A RCW, a city or county planning under RCW 36.70A.040 is authorized by this section to establish categorical exemptions from the requirements of this chapter. An exemption adopted under this section applies even if it differs from the categorical exemptions adopted by rule of the department under RCW 43.21C.110(1)(a). An exemption may be adopted by a city or county under this section if it meets the following criteria:
(a) It categorically exempts government action related to development proposed to fill in an urban growth area, designated according to RCW 36.70A.110, where current density and intensity of use in the area is roughly equal to or lower than called for in the goals and policies of the applicable comprehensive plan and the development is either:
(i) Residential development;
(ii) Mixed-use development; or
(iii) Commercial development up to sixty-five thousand square feet, excluding retail development;
(b) It does not exempt government action related to development that is inconsistent with the applicable comprehensive plan or would clearly exceed the density or intensity of use called for in the goals and policies of the applicable comprehensive plan;
(c) The local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, planned action ordinance, or other local, state, or federal rules or laws; and
(d)(i) The city or county's applicable comprehensive plan was previously subjected to environmental analysis through an environmental impact statement under the requirements of this chapter prior to adoption; or
(ii) The city or county has prepared an environmental impact statement that considers the proposed use or density and intensity of use in the area proposed for an exemption under this section.
(2) Any categorical exemption adopted by a city or county under this section shall be subject to the rules of the department adopted according to RCW 43.21C.110(1)(a) that provide exceptions to the use of categorical exemptions adopted by the department.

[ 2020 c 87 § 1; 2012 1st sp.s. c 1 § 304; 2003 c 298 § 1.]
NOTES:

Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.


Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.


Severability—2003 c 298: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2003 c 298 § 3.]

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.