RCW 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.
(1) Project actions described in this section that pertain to residential, multifamily, or mixed-use development evaluated under this chapter by a city or town planning under RCW 36.70A.040 are exempt from appeals under this chapter on the basis of the evaluation of or impacts to the following elements of the environment, provided that the appropriate requirements for a particular element of the environment, as set forth in subsections (2) and (3) of this section, are met.
(2)(a) Transportation. A project action pertaining to residential, multifamily, or mixed-use development evaluated under this chapter by a city or town planning under RCW 36.70A.040 is exempt from appeals under this chapter on the basis of the evaluation of or impacts to transportation elements of the environment, so long as the project is:
(i)(A) Consistent with a locally adopted transportation plan; or
(B) Consistent with the transportation element of a comprehensive plan; and
(ii)(A) A project for which traffic or parking impact fees are imposed pursuant to RCW 82.02.050 through 82.02.090; or
(B) A project for which traffic or parking impacts are mitigated by an ordinance, or ordinances, of general application adopted by the city or town.
(b) The exemption under this subsection (2) does not apply if the department of transportation has found that the project will present significant adverse impacts to the state-owned transportation system.
(3)(a) Aesthetics. A project action pertaining to residential, multifamily, or mixed-use development evaluated under this chapter by a city or town planning under RCW 36.70A.040 is exempt from appeals under this chapter on the basis of the evaluation of or impacts to the aesthetics element of the environment, so long as the project is subject to design review pursuant to adopted design review requirements at the local government level.
(b) Light and glare. A project action pertaining to residential, multifamily, or mixed-use development evaluated under this chapter by a city or town planning under RCW 36.70A.040 is exempt from appeals under this chapter on the basis of the evaluation of or impacts to the light and glare element of the environment, so long as the project is subject to design review pursuant to adopted design review requirements at the local government level.
(4) For purposes of this section:
(a) "Design review" means a formally adopted local government process by which projects are reviewed for compliance with design standards for the type of use adopted through local ordinance.
(b) "Impacts to transportation elements of the environment" include impacts to transportation systems; vehicular traffic; waterborne, rail, and air traffic; parking; movement or circulation of people or goods; and traffic hazards.
[ 2022 c 246 § 4; 2019 c 348 § 6.]
NOTES:
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.