Q: What types of proposals are categorically exempt?
A: Certain types of proposals are automatically exempt from the threshold determination and EIS preparation because they are a size or type unlikely to cause a significant adverse environmental impact. Examples include minor new construction of residential, commercial or storage structures and minor road and street improvements. Other exemptions include maintenance activities, enforcement and inspection activities, issuing business licenses, storm/water/sewer lines eight inches or less, etc.
Q: When do categorical exemptions not apply?
A: Some exemptions contain exceptions in which the exemption does not apply. These include proposals involving lands covered by water; projects requiring a license to discharge to the air or water; or projects requiring a rezone. A city or county may also eliminate some exemptions if the project is located within a designated critical area.
Q. If a proposed construction project is exempt from SEPA but the clearing and grading associated with the construction exceeds the maximum of the threshold in the “landfill and excavation” exception, is SEPA required?
A: The list of SEPA exemptions for “minor new construction” cover the “activity” of constructing a residence, office, shed, parking lot, a landfill or excavation type of proposal. Ecology views the list as mutually exclusive, in part due to the preface to the list: A proposal to build or locate a house is considered a “residential” type of “construction in question.”
Q. What is the definition of “recognized historical significance” as used in the exception to minor new construction exemptions?
A. A property that is eligible for official listing on a local, state or national historic register can be considered “significant” for the purpose of this exception. Applicants and lead agencies should consult the Department of Archaeological and Historic Preservation (DAHP) prior to making an assumption about the applicability of this exemption.
Q. If a project spans two or more jurisdictions with different exemption thresholds, which exemption levels apply?
A. If a proposal lies within two jurisdictions, the lower level threshold controls the total proposal, regardless which agency is lead. For example, the major portion of a proposed 16-unit residential development lies within the city limits of Bigcity, which has raised the residential threshold to 20 units. A small portion of the development, however, lies within the city-limits of Quiettown, which has not raised its residential threshold. Alhough Bigcity is lead agency and all 16 units will be constructed within Bigcity jurisdiction, Quiettown’s lower threshold must be applied to the entire proposal and the project would not be exempt.
Q. Is “mixed use” defined?
A. “Mixed use” is not defined in SEPA. For purposes of developing, the term should be defined as a mix of residential and commercial/retail development. A city or county comprehensive plan should define the type and level of development allowed in the mixed use category.
Q. Under the infill exemption, are infrastructure improvements needed for an exempt residential or mixed use development also exempt?
A. No. If infrastructure improvements are needed, such as a sewer or water distribution line extension, the improvement will not be exempt from SEPA review unless it meets the exemption level specified in SEPA rules.