(1) A person proposing construction or other work landward of the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of state waters shall submit a permit application to the department. However, if a person is unsure about whether the work requires a permit, they may request a preapplication determination from the department. The department must evaluate the proposed work and determine if the work is a hydraulic project and, if so, whether a permit from the department is required to ensure adequate protection of fish life.

Terms Used In Washington Code 77.55.400

  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) The preapplication determination request must be submitted through the department’s online permitting system and must contain:
(a) A description of the proposed project;
(b) A map showing the location of the project site; and
(c) Preliminary plans and specifications of the proposed construction or work, if available.
(3) The department shall provide tribes and local governments a seven calendar day review and comment period. The department shall consider all applicable written comments received before issuing a determination.
(4) The department shall issue a written determination, including the rationale for the decision, within twenty-one calendar days of receiving the request.
(5) Determinations made according to the provisions of this section are not subject to the requirements of chapter 43.21C RCW.

NOTES:

Finding—Intent—2019 c 290: See note following RCW 77.12.085.
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