SEPA guidance for determining lead agency and evaluating the proposal.
Under the State Environmental Policy Act (SEPA), most new proposals are reviewed by a designated “lead agency.” While this is typically a city or county government agency, other entities such as port and school districts and state agencies also can be a lead SEPA agency.
The lead agency makes sure:
- Procedural reviews comply with SEPA.
- Information about a proposal’s environmental aspects is gathered and assessed — and all agencies with jurisdiction are informed and involved.
- Threshold determinations are made and, if needed, Environmental Impact Statements are prepared.
A responsible official represents the lead agency to ensure the environmental analysis meets SEPA procedural requirements. The official can be:
- A single agency representative for all SEPA review.
- Different staff with varying specialties for each SEPA review.
- A group such as an environmental review committee, city council, or county commission.
All responsible officials should be identified as part of an agency's SEPA procedures.
Determining lead agency
When an application for a new proposal is submitted, the agency receiving the first application typically determines the lead SEPA agency. The lead agency defines the total proposal and identifies all necessary permits.
Under state SEPA rules, the following criteria is used to help determine the lead agency:
- When the proponent is a local government or state agency, the lead will be the local or state agency seeking permission.
- When a private applicant requires a license from a city or county, the local jurisdiction where the greatest portion of the project is located is lead.
- If a city or county license is not needed, another local agency that has jurisdiction will be lead.
- If there is no local agency with jurisdiction, one of the state agencies with a license to issue will be lead.
Lead agency agreements
Any local government or state agency in Washington can be lead SEPA agency as long as all agencies with jurisdiction agree. A lead agency is not required to have jurisdiction on the proposal.
If all agencies agree, two or more agencies also can become “co-lead” agencies. The nominal lead agency is responsible for complying with SEPA procedural requirements but all agencies sharing lead status are responsible for the completeness and accuracy of environmental review documents. Although not required, a written agreement helps clarify responsibilities and typically contains:
- An outline of each agency’s duties.
- A statement regarding which agency is nominal lead.
- How disagreements will be resolved.
- Determining which agency hears appeals to decisions.
- The circumstances under which the contract can be dissolved.
Role of federal agencies
Federal agencies can share lead agency status with a state or local agency to produce a combined National Environmental Policy Act (NEPA)/SEPA document. This coordinated approach affords local, state, and federal agencies the opportunity to prepare documents together, save resources, and ensure all jurisdictions get the information they need to evaluate a proposal to determine if it meets permits, certification, and approval requirements. Often, this shared review approach is formalized by written agreement.
Transferring lead agency status
A city with a population under 5,000 people, or a county with fewer than 18,000 residents may transfer lead agency status for a private proposal to a state agency that has a license to issue. The city or county must forward the environmental checklist and other relevant information to the state agency — along with the notification to transfer lead agency status. The state agency may not refuse. If more than one state agency has standing, the SEPA rules (WAC 197-11-936) are used to determine the new lead agency.
Assuming lead agency status
Any agency with jurisdiction for a proposed project may assume lead agency status during the 14-day comment period for a Determination of Nonsignificance (DNS). If an agency with jurisdiction believes a proposal is likely to have significant adverse environmental impacts requiring an Environmental Impact Statement (EIS), they can assume lead status. They are required to issue a Determination of Significance (DS) and prepare an EIS.
When a proponent submits an application for a new proposal, one of the first steps is determining who will be the lead SEPA agency. Usually the agency receiving the first application is responsible for determining the lead agency. The first step in determining the lead agency is defining the total proposal and identifying all necessary permits. The following criteria are listed in priority order:
- If the proposal fits any of the criteria described in WAC 197-11-938, the agency listed is lead.
- If the proponent is a non-federal government agency in Washington, that agency is lead.
- For private proposals requiring a license from a city or county, the lead agency is the city or county where the greatest portion of the project is located.
- If a city or county license is not needed, another local agency that has jurisdiction will be lead.
- If there no local agency has jurisdiction, a state agency with a license to issue will be lead, based on the priority set in WAC 197-11-936.
Any non-federal agency in Washington may be lead SEPA agency as long as all agencies with jurisdiction agree. A lead agency is not required to have jurisdiction for the proposal. Two or more agencies may become “co-lead” agencies if both agencies agree. One agency is named “nominal lead” and responsible for complying with the procedural SEPA requirements. All agencies sharing lead agency status are responsible for the completeness and accuracy of environmental documents. Federal agencies may share lead agency status with a state or local agency to produce a combined NEPA/SEPA document. This allows coordinated input into document preparation, saving time and money while ensuring the information needed to evaluate local, state, and federal permits is included.
A city with a population under 5,000, or a county with less than 18,000 residents may transfer lead agency status for a private proposal to a state agency with a license to issue for the project. The city or county must forward the environmental checklist and other relevant information on the proposal to the state agency, along with the notification of transfer of lead agency status. The state agency cannot refuse. If more than one state agency has jurisdiction, SEPA priority determines which will be the new lead agency.
Environmental review normally starts when an environmental checklist is completed. The checklist provides information about the proposal and its probable environmental impacts. The lead agency is responsible for reviewing the environmental checklist, permit applications, and any additional information to determine any likely significant adverse environmental impacts and identify potential mitigation. Early consultations with other agencies, tribal governments, and the public can help identify potential impacts and possible mitigation
Cities and counties planning development under GMA should complete project review and issue a notice of decision within 120 days of their notice of completeness. A threshold determination must be issued early enough to ensure the SEPA process has been completed before a notice of decision is issued. All other state and local agencies must issue a threshold determination (determination of significance or determination of nonsignificance) within 90 days of receiving a complete application.
Environmental checklist
The environmental checklist is a standard form used by all agencies to obtain information about a proposal. The checklist was designed to be as generic as possible to ensure it would be applicable to every type of proposal. Checklist items are not weighted and the mention of one or more adverse impacts does not necessarily mean they are significant.
The checklist includes questions about the proposal, its location, possible future activities, and questions about potential impacts on different environmental elements. The lead SEPA agency may choose to fill out the checklist or may require the applicant to complete it. Having an applicant complete the checklist helps them to examine their proposal from an environmental perspective and they may be motivated to make improvements. If the applicant completes the checklist, the lead agency must review the answers and make corrections and/or additions, if appropriate.