RCW 43.21C.460
Environmental checklist—Authority of lead agency—Limitations of section.
(1) The lead agency for an environmental review under this chapter utilizing an environmental checklist developed by the department of ecology pursuant to RCW 43.21C.110 may identify within the checklist provided to applicants instances where questions on the checklist are adequately covered by a locally adopted ordinance, development regulation, land use plan, or other legal authority.
(2) If a lead agency identifies an instance as described in subsection (1) of this section, it still must consider whether the action has an impact on the particular element or elements of the environment in question.
(3) In instances where the locally adopted ordinance, development regulation, land use plan, or other legal authority provide the necessary information to answer a specific question, the lead agency must explain how the proposed project satisfies the underlying local legal authority.
(4) If the lead agency identifies instances where questions on the checklist are adequately covered by a locally adopted ordinance, development regulation, land use plan, or other legal authority, an applicant may still provide answers to any questions on the checklist.
(5) Nothing in this section authorizes a lead agency to ignore or delete a question on the checklist.
(6) Nothing in this section changes the standard for whether an environmental impact statement is required for an action that may have a probable significant, adverse environmental impact pursuant to RCW 43.21C.030.
(7) Nothing in this section affects the appeal provisions provided in this chapter.
(8) Nothing in this section modifies existing rules for determining the lead agency, as defined in WAC 197-11-922 through 197-11-948, nor does it modify agency procedures for complying with the state environmental policy act when an agency other than a local government is serving as the lead agency.
[ 2012 1st sp.s. c 1 § 308.]
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.
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.