Shoreline Stabilization HPA Rule

Rule-making status: Permanent
Rule-making reference: #P2022-12

Summary of proposed rule

The Department proposes to amend WAC 220-660-370 Bank Protection. The agency’s purpose for this rule amendment is to implement Substitute Senate Bill 5273 (SSB 5273), passed by the legislature in 2021.

Scope and rationale for proposed rule

The agency’s purpose for this rule amendment is to implement Substitute Senate Bill 5273 (SSB 5273), passed by the legislature in 2021. Rule changes will:

  • Specify that replacement of residential marine shoreline stabilization must utilize the least impacting technically feasible alternative for the protection of fish life;
  • Identify alternatives from most to least preferred;
  • Specify that a site assessment and alternatives analysis report prepared by a qualified professional is required as part of an application for a Hydraulic Project Approval (HPA) permit for this type of project;
  • Identify mandatory report elements; and
  • Establish procedures for emergency and expedited shoreline stabilization permits.

Public comments

The comment period has closed as of October 31, 2022.

To view comments submitted on this proposal, please visit the Shoreline Stabilization public engagement page.

Public hearing

A public hearing occurred during the October 28-29 at 8:00 am Fish and Wildlife Commission's regular meeting.

The meeting was held In-person at Spokane Community College in Colville (985 S. Elm St. Colville, WA 99114) and online via Zoom

Watch the recording of the Public Hearing Recording

State Environmental Policy Act (SEPA)

A SEPA Determination for the proposed action was also available for comment. The SEPA comment period has closed as of October 31, 2022. To view comments submitted on the SEPA Determination, please visit the Shoreline Stabilization HPA SEPA public engagement page.

For more information

The Department hosted an informational webinar for this rule proposal on Oct. 11 at 10-11am. This meeting included an overview of the proposal and a Q & A session.

The recording of the informational webinar is available here: https://www.youtube.com/watch?v=ylPnsR5R4gQ

Staff Contact: Theresa Nation at hparules@dfw.wa.gov

Assistance for additional accessibility and persons with disabilities contact:
833-885-1012, TTY (711), or CivilRightsTeam@dfw.wa.gov.