State wetland regulations

We regulate wetlands in Washington, regardless of federal jurisdiction. Wetlands are protected and managed through multiple state laws, including the state Water Pollution Control Act and the Shoreline Management Act. The State Environmental Policy Act (SEPA) process identifies potential wetland-related concerns early in the environmental review and permitting process. Additionally, we have authority to review and approve projects under Section 401 of the federal Clean Water Act.

We also provide technical assistance to local governments under the Growth Management Act. This includes assistance in developing comprehensive plan policies and development regulations, and in implementing local wetland regulations.

Will your project have potential impacts to wetlands?

Applicants and consultants should coordinate with our regional wetland staff on projects that have potential impacts to wetlands. When a proposed project has potential impacts to wetlands, applicants should work with the appropriate city or county and U.S Army Corps of Engineers (Corps) to determine if the wetlands are regulated under local or federal laws. Based on the Corps' determination, activities in wetlands in Washington may be authorized by Ecology through one of the following processes:

Section 401 water quality certifications - For federally-regulated wetlands, applicants must submit a request for a Section 401 Water Quality Certification under the federal Clean Water Act. Section 401 of the federal law provides the state authority to approve, approve with conditions, or deny proposed projects directly affecting waters of the United States, including wetlands, to ensure they meet state water quality standards. When an individual Section 401 water quality certification is needed, any actions necessary to protect water quality are included as conditions in the certification and incorporated into the federal permit.
State Administrative Orders (Non-Federally Regulated Wetlands) - For non-federally regulated wetlands, applicants must submit a request for an Administrative Order to comply with the state Water Pollution Control Act (Chapter 90.48 RCW). We issue Administrative Orders under this act for impacts to wetlands that are not jurisdictional under the federal regulations (e.g., non-federally regulated wetlands or NFRs). These wetlands remain protected under state and local laws and rules.

Regardless of the authorization process, the necessary application information and standards of review are the same. See the "Applicant resources" tab below.

For projects that impact wetlands, applicants must seek regulatory approval. Applicants should submit a Joint Aquatic Resource Permits Application (JARPA), along with any additional information applicable to the project (e.g., mitigation plan, restoration plans, etc.) to our Federal Permit Unit by mail or email to:

Washington Department of Ecology
Attention: Federal Permit Unit
PO Box 47600
Olympia WA 98504
ecyrefedpermits@ecy.wa.gov
360-407-6076

Resources and links

Wetland mitigation resources - Applicants proposing to alter aquatic resources must go through mitigation sequencing to avoid and minimize impacts before determining whether compensatory mitigation is appropriate and a permit is required. Compensatory mitigation involves restoring (re-establishing, rehabilitating), creating (establishing), preserving, or enhancing aquatic resources to replace those lost or degraded through permitted activities.
Environmental Permitting Assistance - The Washington State Governor's Office of Regulatory Innovation and Assistance (ORIA) helps citizens, businesses, and project applicants understand and navigate Washington’s environmental permitting processes.
Environmental & governmental agencies
- U.S. Army Corps of Engineers - Seattle District Regulatory Branch
- US. Environmental Protection Agency Clean Water Act Information
Hire a qualified wetland professional - We offer recommendations to help you locate and select a professional who is qualified to assist with wetland issues, including completing permit application forms and studies needed to meet wetland regulations.

State laws that protect wetlands are broader than current federal regulations. The state can establish protocols for managing wetlands falling outside federal jurisdiction. For example, impacts to wetlands outside federal jurisdiction are authorized through administrative orders under the state Water Pollution Control Act.

In general, the state emphasizes a local approach to wetland protection and regulation. The state Growth Management Act (GMA) authorizes and requires cities and counties to regulate wetlands within their jurisdictions. This is typically accomplished by adopting a Critical Areas Ordinance (CAO). We play an advisory role by providing comments during CAO updates and offering technical assistance.

Local wetland regulations and Growth Management Act technical assistance - We provide technical assistance to local governments under GMA including assistance in developing comprehensive plan policies and development regulations and implementing local wetland regulations.
Critical Areas Ordinance guidance - Our CAO guidance describes the important topics to be addressed in the wetlands section. It includes recommendations for wetland protection based on best available science:
- Critical Areas Ordinance (CAO) guidance for Western WA
- Critical Areas Ordinance (CAO) guidance for Eastern WA
Department of Commerce's Growth Management Services - This service assists and guides local governments, state agencies, and others to manage growth and development in a manner that is consistent with the GMA.

Contact information

Contact our wetland staff (organized by subject and area)

Federal permit coordinator
ecyrefedpermits@ecy.wa.gov
360-407-6076

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State wetland regulations

Will your project have potential impacts to wetlands?

Resources and links

Related links

Contact information