Washington law requires people planning hydraulic projects in or near state waters to get a Hydraulic Project Approval (HPA) from the Washington Department of Fish and Wildlife (WDFW). This includes most marine and fresh waters. An HPA ensures that construction is done in a manner that protects fish and their aquatic habitats.
What is a hydraulic project?
A hydraulic project is construction or other work activities conducted in or near state waters that will “use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state.” (RCW 77.55.011(11))
The state's Hydraulic Code Rules (Chapter 220-660 WAC) identify projects and activities that require an individual HPA. These include, but are not limited to:
- Aquatic plant removal and control (outside of Aquatic Plants and Fish pamphlet rules)
- Beaver dam removal or modification
- Boat ramps and launches (new, repair, modification, and replacement)
- Culverts and bridges (new, repair, modification, and replacement)
- Docks, piers, ramps, floats, boathouses, and buoys (new, repair, modification, and replacement)
- Dredging and sand/gravel removal
- Log placement, repositioning, or removal
- Motorized and gravity siphon aquatic mining (beginning June 11, 2020) and small-scale mineral prospecting outside of Gold and Fish pamphlet rules
- Outfall and tide gate structures (new, repair, modification, and replacement)
- Pond construction (new, repair, and modification)
- Stream bank protection, bulkheads (new, repair, modification, and replacement)
- Stream channel relocation and realignment
- Utility crossings and test boring
- Water diversions and intakes (new, repair, modification, and replacement)
“Emergency” means an immediate threat to life or property. Only the governor, WDFW, or a county legislative authority can declare an emergency. In such cases, WDFW can provide immediate verbal approval prior to work (RCW 77.55.021(12)). Please contact us:
Outside of normal business hours: Call WDFW's 24-hour Emergency Hotline 360-902-2537.
What is the penalty for working without an HPA?
You may be subject to penalties for a gross misdemeanor under per RCW 9A.20.010(2). To protect fish and avoid penalties, be sure to obtain an HPA and follow its requirements before you work in or near the water.