RCW 90.58.147
Substantial development permit—Exemption for projects to improve fish or wildlife habitat or fish passage.
(1) A public or private project that is designed to improve fish or wildlife habitat or fish passage shall be exempt from the substantial development permit requirements of this chapter when all of the following apply:
(a) The project has been approved by the department of fish and wildlife or, for forest practices hydraulic projects within the scope of RCW 77.55.181, the department of natural resources if the local government notification provisions of RCW 77.55.181 are satisfied;
(b) The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 77.55 RCW or approval of a forest practices hydraulic project within the scope of RCW 77.55.181 from the department of natural resources if the local government notification provisions of RCW 77.55.181 are satisfied; and
(c) The local government has determined that the project is substantially consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project proponent.
(2) Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 are determined to be consistent with local shoreline master programs.
(3) Public projects for the primary purpose of fish passage improvement or fish passage barrier removal are exempt from the substantial development permit requirements of this chapter.
[ 2021 c 289 § 2; 2019 c 150 § 2; 2003 c 39 § 49; 1998 c 249 § 4; 1995 c 333 § 1.]
NOTES:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.
Structure Revised Code of Washington
Title 90 - Water Rights—Environment
Chapter 90.58 - Shoreline Management Act of 1971.
90.58.020 - Legislative findings—State policy enunciated—Use preference.
90.58.030 - Definitions and concepts.
90.58.040 - Program applicable to shorelines of the state.
90.58.045 - Environmental excellence program agreements—Effect on chapter.
90.58.060 - Review and adoption of guidelines—Public hearings, notice of—Amendments.
90.58.065 - Application of guidelines and master programs to agricultural activities.
90.58.130 - Involvement of all persons and entities having interest, means.
90.58.143 - Time requirements—Substantial development permits, variances, conditional use permits.
90.58.150 - Selective commercial timber cutting, when.
90.58.175 - Rules and regulations.
90.58.190 - Appeal of department's decision to adopt or amend a master program.
90.58.200 - Rules and regulations.
90.58.210 - Court actions to ensure against conflicting uses and to enforce—Civil penalty—Review.
90.58.230 - Violators liable for damages resulting from violation—Attorney's fees and costs.
90.58.240 - Additional authority granted department and local governments.
90.58.260 - State to represent its interest before federal agencies, interstate agencies and courts.
90.58.280 - Application to all state agencies, counties, public and municipal corporations.
90.58.290 - Restrictions as affecting fair market value of property.
90.58.300 - Department as regulating state agency—Special authority.
90.58.320 - Height limitation respecting permits.
90.58.340 - Use policies for land adjacent to shorelines, development of.
90.58.350 - Nonapplication to treaty rights.
90.58.360 - Existing requirements for permits, certificates, etc., not obviated.
90.58.380 - Adoption of wetland manual.
90.58.515 - Watershed restoration projects—Exemption.
90.58.560 - Oil or natural gas exploration—Violations of RCW 90.58.550—Penalty—Appeal.
90.58.570 - Consultation before responding to federal coastal zone management certificates.
90.58.590 - Local governments authorized to adopt moratoria—Requirements—Public hearing.
90.58.600 - Conformance with chapter 43.97 RCW required.
90.58.620 - New or amended master programs—Authorized provisions.