SEPA Rules

SEPA Rules

Chapter 197–11 WAC

PART ONE – PURPOSE/AUTHORITY

197–11–010 Authority.
197–11–020 Purpose.
197–11–030 Policy.

PART TWO – GENERAL REQUIREMENTS

197–11–040 Definitions.
197–11–050 Lead agency.
197–11–055 Timing of the SEPA process.
197–11–060 Content of environmental review.
197–11–070 Limitations on actions during SEPA process.
197–11–080 Incomplete or unavailable information.
197–11–090 Supporting documents.
197–11–100 Information required of applicants.
197–11–158 GMA project review––Reliance on existing plans, laws, and regulations.
197–11–164 Planned actions––Definition and criteria.
197–11–168 Ordinances or resolutions designating planned actions––Procedures for adoption.
197–11–172 Planned actions––Project review.
197–11–210 SEPA/GMA integration.
197–11–220 SEPA/GMA definitions.
197–11–228 Overall SEPA/GMA integration procedures.
197–11–230 Timing of an integrated GMA/SEPA process.
197–11–232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.
197–11–235 Documents.
197–11–238 Monitoring.
197–11–250 SEPA/Model Toxics Control Act integration.
197–11–253 SEPA lead agency for MTCA actions.
197–11–256 Preliminary evaluation.
197–11–259 Determination of nonsignificance for MTCA remedial action.
197–11–262 Determination of significance and EIS for MTCA remedial actions.
197–11–265 Early scoping for MTCA remedial actions.
197–11–268 MTCA interim actions.

PART THREE – CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATION

197–11–300 Purpose of this part.
197–11–305 Categorical exemptions.
197–11–310 Threshold determination required.
197–11–315 Environmental checklist.
197–11–330 Threshold determination process.
197–11–335 Additional information.
197–11–340 Determination of nonsignificance (DNS).
197–11–350 Mitigated DNS.
197–11–355 Optional DNS process.
197–11–360 Determination of significance (DS)/initiation of scoping.
197–11–390 Effect of threshold determination.

PART FOUR – ENVIRONMENTAL IMPACT STATEMENT (EIS)

197–11–400 Purpose of EIS.
197–11–402 General requirements.
197–11–405 EIS types.
197–11–406 EIS timing.
197–11–408 Scoping.
197–11–410 Expanded scoping. (Optional)
197–11–420 EIS preparation.
197–11–425 Style and size.
197–11–430 Format.
197–11–435 Cover letter or memo.
197–11–440 EIS contents.
197–11–442 Contents of EIS on nonproject proposals.
197–11–443 EIS contents when prior nonproject EIS.
197–11–444 Elements of the environment.
197–11–448 Relationship of EIS to other considerations.
197–11–450 Cost–benefit analysis.
197–11–455 Issuance of DEIS.
197–11–460 Issuance of FEIS.

PART FIVE – COMMENTING

197–11–500 Purpose of this part.
197–11–502 Inviting comment.
197–11–504 Availability and cost of environmental documents.
197–11–508 SEPA register.
197–11–510 Public notice.
197–11–535 Public hearings and meetings.
197–11–545 Effect of no comment.
197–11–550 Specificity of comments.
197–11–560 FEIS response to comments.
197–11–570 Consulted agency costs to assist lead agency.

PART SIX – USING EXISTING ENVIRONMENTAL DOCUMENTS

197–11–600 When to use existing environmental documents.
197–11–610 Use of NEPA documents.
197–11–620 Supplemental environmental impact statement––Procedures.
197–11–625 Addenda––Procedures.
197–11–630 Adoption––Procedures.
197–11–635 Incorporation by reference––Procedures.
197–11–640 Combining documents.

PART SEVEN – SEPA AND AGENCY DECISIONS

197–11–650 Purpose of this part.
197–11–655 Implementation.
197–11–660 Substantive authority and mitigation.
197–11–680 Appeals.

PART EIGHT – DEFINITIONS

197–11–700 Definitions.
197–11–702 Act.
197–11–704 Action.
197–11–706 Addendum.
197–11–708 Adoption.
197–11–710 Affected tribe.
197–11–712 Affecting.
197–11–714 Agency.
197–11–716 Applicant.
197–11–718 Built environment.
197–11–720 Categorical exemption.
197–11–721 Closed record appeal.
197–11–722 Consolidated appeal.
197–11–724 Consulted agency.
197–11–726 Cost–benefit analysis.
197–11–728 County/city.
197–11–730 Decision maker.
197–11–732 Department.
197–11–734 Determination of nonsignificance (DNS).
197–11–736 Determination of significance (DS).
197–11–738 EIS.
197–11–740 Environment.
197–11–742 Environmental checklist.
197–11–744 Environmental document.
197–11–746 Environmental review.
197–11–750 Expanded scoping.
197–11–752 Impacts.
197–11–754 Incorporation by reference.
197–11–756 Lands covered by water.
197–11–758 Lead agency.
197–11–760 License.
197–11–762 Local agency.
197–11–764 Major action.
197–11–766 Mitigated DNS.
197–11–768 Mitigation.
197–11–770 Natural environment.
197–11–772 NEPA.
197–11–774 Nonproject.
197–11–775 Open record hearing.
197–11–776 Phased review.
197–11–778 Preparation.
197–11–780 Private project.
197–11–782 Probable.
197–11–784 Proposal.
197–11–786 Reasonable alternative.
197–11–788 Responsible official.
197–11–790 SEPA.
197–11–792 Scope.
197–11–793 Scoping.
197–11–794 Significant.
197–11–796 State agency.
197–11–797 Threshold determination.
197–11–799 Underlying governmental action.

PART NINE – CATEGORICAL EXEMPTIONS

197–11–800 Categorical exemptions.
197–11–810 Exemptions and nonexemptions applicable to specific state agencies.
197–11–820 Department of licensing.
197–11–825 Department of labor and industries.
197–11–830 Department of natural resources.
197–11–835 Department of fisheries.
197–11–840 Department of game.
197–11–845 Department of social and health services.
197–11–850 Department of agriculture.
197–11–855 Department of ecology.
197–11–860 Department of transportation.
197–11–865 Utilities and transportation commission.
197–11–870 Department of commerce and economic development.
197–11–875 Other agencies.
197–11–880 Emergencies.
197–11–890 Petitioning DOE to change exemptions.

PART TEN – AGENCY COMPLIANCE

197–11–900 Purpose of this part.
197–11–902 Agency SEPA policies.
197–11–904 Agency SEPA procedures.
197–11–906 Content and consistency of agency procedures.
197–11–908 Critical areas.
197–11–910 Designation of responsible official.
197–11–912 Procedures of consulted agencies.
197–11–914 SEPA fees and costs.
197–11–916 Application to ongoing actions.
197–11–917 Relationship to chapter 197–10 WAC.
197–11–918 Lack of agency procedures.
197–11–920 Agencies with environmental expertise.
197–11–922 Lead agency rules.
197–11–924 Determining the lead agency.
197–11–926 Lead agency for governmental proposals.
197–11–928 Lead agency for public and private proposals.
197–11–930 Lead agency for private projects with one agency with jurisdiction.
197–11–932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
197–11–934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
197–11–936 Lead agency for private projects requiring licenses from more than one state agency.
197–11–938 Lead agencies for specific proposals.
197–11–940 Transfer of lead agency status to a state agency.
197–11–942 Agreements on lead agency status.
197–11–944 Agreements on division of lead agency duties.
197–11–946 DOE resolution of lead agency disputes.
197–11–948 Assumption of lead agency status.
197–11–950 Severability.
197–11–955 Effective date.

PART ELEVEN – FORMS

197–11–960 Environmental checklist.
197–11–965 Adoption notice.
197–11–970 Determination of nonsignificance (DNS).
197–11–980 Determination of significance and scoping notice (DS).
197–11–985 Notice of assumption of lead agency status.
197–11–990 Notice of action.

DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER 197–11–748 Environmentally sensitive area. [Statutory Authority: RCW 43.21C.110. 84–05–020 (Order DE 83–39), § 197–11–748, filed 2/10/84, effective 4/4/84.] Repealed by 95–07–023 (Order 94–22), filed 3/6/95, effective 4/6/95. Statutory Authority: RCW 43.21C.110.

NOTES:
Reviser’s note: Formerly chapter 197–10 WAC.

Reviser’s note: Part one subchapter caption has been provided by the code reviser’s office.

Return to top