Most categorical exemptions use size criteria to determine if a proposal is exempt. The SEPA Rules allow cities and counties to raise the exemption limit for minor new construction to better accommodate the needs in their jurisdiction. The exemptions may be raised up to the maximum specified in the SEPA Rules (WAC 197-11-800(1)(c)). For example, cities and counties may choose to exempt residential developments at any level between 4 and 30 dwelling units in the urban growth area. The exemption for commercial buildings can range between 4,000 and 30,000 square feet. These "flexible thresholds" must be designated through ordinance or resolution by the city or county. If this has not been done, the minimum level applies.
The exemption level set by the county or city will also apply when an agency other than the county or city is lead agency. A state agency or special district may need to consult with the county or city to identify the adopted exemption level for a particular area.
It is also important to remember that the exemptions for minor new construction and minor land use decisions do not apply if any portion of the proposal/decision involves lands covered by water, if a license is needed for a discharge to air or water, or if a rezone is required. (WAC 197-11-800(1)(a) and (2)).
Requirements for Adopting Flexible Thresholds
Several criteria must be met for a city or county to adopt flexible thresholds. Most importantly, the proposal to amend SEPA policies to increase the size of projects exempt from SEPA review must include sufficient documentation that impacts to all elements of the environment have been adequately addressed. There also must be a disclosure of any loss of notice and comment opportunities for future permitting decisions that will be exempt from SEPA. The documentation that impacts have been adequately address should describe the types, sizes and locations of projects proposed for new exemption level. Impacts to the entire list of SEPA’s applicable elements of the environmental must be considered. The proposal should also list the applicable authorities and regulations
and describe how much these regulations reduce impacts on each element of the environment for each project types, sizes and locations. The jurisdiction must also document how specific adopted development regulations and applicable state and federal laws provide adequate protections for cultural and historic resources when exemption levels are raised. A local ordinance or resolution that addresses cultural resources shall include at minimum:
- Use of Available data and other project level review tools, i.e. inventories and predictive models provided by the Department of Archeology and Historic Preservation, other agencies and tribal governments.
- Planning and permitting processes that ensure compliance with applicable cultural resource state laws including Chapters 27.44, 27.53, 68.50 and 68.50 RCW.
Local development regulations that include preproject cultural resource review, where warranted, and standard inadvertent discovery (SIDL) for all projects.