Chapter 197-11 WAC (SEPA rules – expedited rulemaking)

The Washington State Department of Ecology is conducting expedited rulemaking at the direction of the Washington Legislature to amend Chapter 197-11 WAC, SEPA Rules. This rulemaking will incorporate amendments and new language in Chapter 43.21C RCW, State Environmental Policy Act (SEPA). It also will amend other sections of the rule to align with legislative directives. 

Ecology is amending and adding new language the following sections of Chapter 197-11 WAC:

  • WAC 197-11-800(1)(b)(c) and (d) - Minor new construction - Flexible thresholds
  • WAC 197-11-444(2)(c) - Elements of the Environment
  • WAC 197-11-960 - Environmental Checklist
  • WAC 197-11-172(1)(b) - Planned actions - Project review
  • WAC 197-11-164(1)(b) - Planned actions - Definition and criteria

The majority of these changes reflect legislative directives in SSB 5818, Housing Construction – State Environmental Policy Act and Growth Management Act, Chapter 246, 2022 laws of the regular session to be completed by December 2022. Other changes align the rule with state statute and fulfill past legislative directives. 

Rulemaking timeline

Timeline

Expedited phase (CR-105)

Filing date:
Oct. 19, 2022


Deadline to submit an objection: Dec. 19, 2022

Ecology’s expedited rulemaking process does not include:
  • a public hearing
  • small business economic impact statement
  • a regulatory analysis
  • responses to the criteria for a significant legislative rule

Send an objection to using the expedited rulemaking process for these rules to:
Katie Wolt, Agency Rules Coordinator
Washington Department of Ecology
Governmental Relations
P.O. Box 47600
Olympia, WA 98504-7600
rulemaking@ecy.wa.gov

Additional languages

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Accessibility

To request ADA accommodation for disabilities, or printed materials in a format for the visually impaired, contact Ecology's ADA Coordinator by email at ecyadacoordinator@ecy.wa.gov, or call 360-407-6831. People with impaired hearing may call Washington Relay Service at 711. People with speech disability may call TTY at 877-833-6341.