The Washington Department of Fish and Wildlife (WDFW) is conducting rule making for the Hydraulic Code Rules (Chapter 220-660 WAC) in response to bills passed in 2021. Two rule amendments have been completed and the final one is under way.
Fish Habitat Enhancement Project streamlined permitting
Senate Bill 5381 added language to RCW 77.55.181 regarding the existing Fish Habitat Enhancement Project (FHEP) streamlined permitting process. It clarifies the intent of the legislature for local governments to continue administering the National Flood Insurance Program and other federal programs, and has language on multi-agency permit coordination. It also amends FHEP streamlining of HPA permits to include WSDOT fish passage barrier corrections as part of larger projects (not stand alone as current law). It adds federally recognized tribes to the list of project sponsors. WDFW is conducting expedited rule making to make the Hydraulic Code Rules consistent with the law.
At the Washington Department of Fish and Wildlife, we celebrate diverse individuals who bring a wide range of perspectives. All are welcome to participate in our processes regardless of race, color, sex, age, national origin, religion, sexual orientation, gender identity and/or expression, status as a veteran, and basis of disability.
Theresa Nation, WDFW Habitat Program
Final 2022 Replacement of residential shoreline armoring (SSB 5273) rule making documents
This bill (SSB 5273) added language to RCW 77.55.231 that requires a person applying for a Hydraulic Project Approval (HPA) to replace a marine shoreline stabilization or armor structure using the least impacting, technically feasible bank protection alternative. This only applies to residential marine projects. Rule making was completed in December 2022.
Final 2021 Habitat Recovery Pilot Program (E2SHB 1382) rule-making documents
This bill (E2SHB 1382) created the Habitat Recovery Pilot Program and is codified in RCW 77.55.480. The pilot program will expire on June 30, 2025. The program creates more opportunities for streamlined permitting of habitat restoration projects. Specifically, it applies to projects that will directly benefit freshwater, estuarine areas (freshwater and saltwater mixture), marine fish, or their habitat. The program streamlines state and local permitting to advance projects to construction as quickly and efficiently as possible. Local governments will maintain their ability to implement floodplain planning under the pilot program. Rule making was completed in December 2021.
Final 2021 Motorized aquatic mining (ESHB 1261) rule-making documents
Rules in response to ESHB 1261 regarding mineral prospecting and the federal Clean Water Act were adopted by the Washington State Fish and Wildlife Commission on April 9, 2021 and went into effect on May 20, 2021.
The new rules:
- Specify that a standard Hydraulic Project Approval permit (HPA) is required to conduct mineral prospecting involving motorized or gravity siphon equipment;
- Remove all motorized mineral prospecting activities from the Gold and Fish pamphlet;
- Require proof of compliance with the federal Clean Water Act as part of a complete application for an HPA for mineral prospecting with motorized or gravity siphon equipment;
- Eliminate the annual reporting requirement for suction dredging HPAs; and
- Require aquatic invasive species prevention measures for motorized or gravity siphon equipment.
- Rules as adopted (April 19, 2021)
- CR-103 form (WSR 21-09-066, April 19, 2021)
- Concise Explanatory Statement (April 12, 2021)
- Final Regulatory Analysis for ESHB 1261 Rule Making (April 2, 2021)
- Implementation Plan (April 2, 2021)
- CR-102 form (WSR 20-24-121, Dec. 2, 2020)
- SEPA #20059 (Dec. 16, 2020)
- Small Business Economic Impact Statement (Dec. 10, 2020)
- CR-101 form (WSR 20-12-052, May 29, 2020)
Final 2020 Chinook salmon abundance (2SHB 1579) rule-making documents
Rules in response to 2SHB 1579 regarding Chinook salmon abundance were adopted by the Washington Fish and Wildlife Commission on April 24, 2020 and went into effect on June 12, 2020.
The new rules:
- Specify a preapplication process for projects landward of the Ordinary High Water Line to determine whether or not a HPA is required;
- Establish civil compliance rules, including a penalty schedule; and
- Specify that marine bank protection plans must show the location of the structure using benchmarks for a HPA permit application to be statutorily complete.
Learn more about the HPA application process.
- CR-103 Rule-Making Order (WSR 20-11-019, May 12, 2020)
- Concise Explanatory Statement (April 24, 2020)
- Summary of Comments and Responses (April 21, 2020)
- Implementation Plan (April 21, 2020)
- Final Regulatory Analysis (April 21, 2020)
- Proposed Rules for Adoption (April 21, 2020)
- Supplemental CR-102 form (WSR 20-06-053, March 2, 2020)
- CR-102 Proposed Rule Making (WSR 1924-081, Dec. 3, 2019)
- CR-101 Preproposal Statement of Inquiry (WSR 19-19-056, Sep. 16, 2019)
Final 2019 HPA Suction Dredge rule-making documents
As of Nov. 1, 2019, suction dredgers are no longer able to conduct suction dredging activities under the Gold and Fish pamphlet. The new rules also require suction dredgers to begin recording their activities starting Jan. 1, 2020, and submit annual reports each year. The first annual report is due Feb. 1, 2021.
All suction dredge equipment used in any Washington waters must be decontaminated according to department specifications before being used in a different water. Information about decontamination methods is available on the WDFW Aquatic Invasive Species webpage.
Suction dredge equipment used outside of Washington must be inspected for aquatic invasive species by an authorized department employee or agent before being used in Washington waters. Anyone bringing suction dredge equipment from outside Washington is urged to call the department's aquatic invasive species (AIS) hotline (1-888-WDFW-AIS) to determine how to receive an inspection before entering the state.
- CR-103 Rule Making Order (WSR 19-12-126, June 5, 2019)
- Concise Explanatory Statement (June 4, 2019)
- Response to Comments (For Fish and Wildlife Commission) (May 3, 2019)
- Implementation Plan (May 8, 2019)
- Final Regulatory Analysis (May 6, 2019)
- Final Small Business Economic Impact Statement (April 18, 2019)
- CR-102 Proposed Rule Making (WSR 19-05-094, March 6, 2019)
- CR-101 Preproposal Statement of Inquiry (WSR 18-11-037, May 28, 2018)