RCW 77.55.241
Off-site mitigation.
(1) The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost-effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locations that are off-site of the hydraulic project location. The department may approve off-site mitigation plans that are submitted by permit applicants.
(2) If a permit applicant proposes off-site mitigation and the department does not approve the permit or conditions the permit in such a manner as to render off-site mitigation unpracticable, the project proponent may appeal the decision as provided in *RCW 77.55.021(4).
[ 2010 c 210 § 30; 2005 c 146 § 602; 1996 c 276 § 1. Formerly RCW 77.55.230, 75.20.190.]
NOTES:
*Reviser's note: RCW 77.55.021 was amended by 2012 1st sp.s. c 1 § 102, changing subsection (4) to subsection (8).
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Structure Revised Code of Washington
Chapter 77.55 - Construction Projects in State Waters.
77.55.031 - Driving across established ford.
77.55.041 - Derelict fishing, crab, and other shellfish gear—Removal.
77.55.051 - Spartina/purple loosestrife—Removal or control.
77.55.061 - Hazardous substance remedial actions—Procedural requirements not applicable.
77.55.081 - Removal or control of aquatic noxious weeds—Rules—Pamphlet.
77.55.091 - Small scale prospecting and mining—Rules.
77.55.101 - Environmental excellence program agreements—Effect on chapter.
77.55.111 - Habitat incentives agreement.
77.55.131 - Dike vegetation management guidelines—Memorandum of agreement.
77.55.151 - Permit issued to a marina or marine terminal for regular maintenance activities.
77.55.161 - Stormwater discharges.
77.55.171 - Watershed restoration projects—Permit processing.
77.55.191 - Columbia river anadromous fish sanctuary—Restrictions.
77.55.201 - Landscape management plan.
77.55.211 - Informational brochure.
77.55.221 - Flood damage repair and reduction activities—Five-year maintenance permit agreements.
77.55.241 - Off-site mitigation.
77.55.251 - Mitigation plan review.
77.55.261 - Placement of woody debris as condition of permit.
77.55.281 - Fishways on certain agricultural drainage facilities.
77.55.331 - Hydraulic project approval account.
77.55.341 - Department to prepare and distribute information to the public.
77.55.410 - Violation of chapter.
77.55.420 - Stop work order—Notice—Appeal.
77.55.430 - Notice to comply—Notice—Appeal.
77.55.450 - Administrative inspection warrant.
77.55.460 - Disapproval of an application—Notice—Review.