Fish Passage Project Permits Streamlined Process

SSB 5381, titled Fish Passage Project Permits-Streamlined Review and Approval, was a bill passed during the 2021 legislature. It went into effect July 25, 2021. The bill included changes to Chapter 77.55 RCW, the law that establishes the Hydraulic Project Approval (HPA) permitting program.

The proposed rule adds elements from SSB 5381 so that the Hydraulic Code Rules are consistent with the law. The Hydraulic Code Rules establish regulations for the administration of the HPA permitting program. The subject of the changes is the Fish Habitat Enhancement Project (FHEP) streamlined HPA permitting process. The rule is amended as follows:

1. The Washington Department of Transportation (WDOT) may apply for FHEP streamlining using the online application system without also submitting a Joint Aquatic Resources Permit Application as previously required.
2. The FHEP streamlined permit review period for WDOT fish barrier removal project is reduced from 45 days to 30 days.

These changes occur in WAC 220-660-050 Procedures. Other sections of Chapter 220-660 WAC are unchanged. There are no anticipated effects on the regulated community as a result of this rule proposal because SSB 5381 has already been fully implemented.