RCW 77.55.361
Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter 76.09 RCW.
(1) The requirements of this chapter do not apply to any forest practices hydraulic project, or to any activities that are associated with such a project, upon incorporation of fish protection standards adopted under this chapter into the forest practices rules and approval of technical guidance as required under RCW 76.09.040, at which time these projects are regulated under chapter 76.09 RCW.
(2) The department must continue to conduct regulatory and enforcement activities under this chapter for forest practices hydraulic projects until the forest practices board incorporates fish protection standards adopted under this chapter into the forest practices rules and approves technical guidance as required under RCW 76.09.040.
(3) By December 31, 2013, the department shall adopt rules establishing the procedures for the concurrence review process consistent with RCW 76.09.490. The concurrence review process must allow the department up to thirty days to review forest practices hydraulic projects meeting the criteria under RCW 76.09.490(2) (a) and (b) for consistency with fish protection standards.
(4) The department shall notify the department of natural resources prior to beginning a rule-making process that may affect activities regulated under chapter 76.09 RCW.
(5) The department shall act consistent with appendix M of the forest and fish report, as the term "forests and fish report" is defined in RCW 76.09.020, when modifying fish protection rules that may affect activities regulated under chapter 76.09 RCW.
(6) The department may review and provide comments on any forest practices application. The department shall review, and either verify that the review has occurred or comment on, forest practices applications that include a forest practices hydraulic project involving fish bearing waters or shorelines of the state, as that term is defined in RCW 90.58.030. Prior to commenting and whenever reasonably practicable, the department shall communicate with the applicant regarding the substance of the project.
(7) The department shall participate in effectiveness monitoring for forest practices hydraulic projects through its role in the review processes provided under WAC 222-08-160 as it existed on July 10, 2012.
[ 2012 1st sp.s. c 1 § 201.]
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
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.