Revised Code of Washington
Chapter 77.55 - Construction Projects in State Waters.
77.55.400 - Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.

RCW 77.55.400
Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.

(1) A person proposing construction or other work landward of the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of state waters shall submit a permit application to the department. However, if a person is unsure about whether the work requires a permit, they may request a preapplication determination from the department. The department must evaluate the proposed work and determine if the work is a hydraulic project and, if so, whether a permit from the department is required to ensure adequate protection of fish life.
(2) The preapplication determination request must be submitted through the department's online permitting system and must contain:
(a) A description of the proposed project;
(b) A map showing the location of the project site; and
(c) Preliminary plans and specifications of the proposed construction or work, if available.
(3) The department shall provide tribes and local governments a seven calendar day review and comment period. The department shall consider all applicable written comments received before issuing a determination.
(4) The department shall issue a written determination, including the rationale for the decision, within twenty-one calendar days of receiving the request.
(5) Determinations made according to the provisions of this section are not subject to the requirements of chapter 43.21C RCW.

[ 2019 c 290 § 4.]
NOTES:

Finding—Intent—2019 c 290: See note following RCW 77.12.085.

Structure Revised Code of Washington

Revised Code of Washington

Title 77 - Fish and Wildlife

Chapter 77.55 - Construction Projects in State Waters.

77.55.011 - Definitions.

77.55.021 - Permit.

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.

77.55.121 - Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors.

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.

77.55.181 - Fish habitat enhancement project—Permit review and approval process—Fees—Limitation of liability.

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.

77.55.231 - Conditions imposed upon a permit—Reasonably related to project—Least impactful modifications—Minor modifications to plans/work timing.

77.55.241 - Off-site mitigation.

77.55.251 - Mitigation plan review.

77.55.261 - Placement of woody debris as condition of permit.

77.55.271 - Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.

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.

77.55.351 - Department to develop system to provide access to hydraulic project approval applications.

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.

77.55.371 - Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.

77.55.400 - Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.

77.55.410 - Violation of chapter.

77.55.420 - Stop work order—Notice—Appeal.

77.55.430 - Notice to comply—Notice—Appeal.

77.55.440 - Penalties—Notice—Appeal—Authority of attorney general to recover penalty—Penalty schedule.

77.55.450 - Administrative inspection warrant.

77.55.460 - Disapproval of an application—Notice—Review.

77.55.470 - Remedies under chapter not exclusive.

77.55.480 - Habitat recovery pilot program.