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RESEARCH TOOLSMRSC Index › Environment - State Environmental Policy Act (SEPA) RCW 43.21C

MRSC Index A topical index to MRSC's information resources.

Environment: EN 3.0000 - State Environmental Policy Act (SEPA) RCW 43.21C

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Expand Section Featured Inquiries (5 Results)

  1. Is an annexation of territory to a city subject to SEPA review?
    No. RCW 43.21C.222 provides that "annexation of territory by a city or town is exempted from compliance" with SEPA requirements.

  2. Is a water line extension project exempt from SEPA?
    Yes, if the line is 8 inches or less in diameter and the water line does not cross any "lands covered by water." WAC 197-11-800 (23).

  3. Is a short plat located partially within the flood plain subject to SEPA?
    A short plat is categorically exempt from SEPA review under WAC 197-11-800(6)(a), unless the city's SEPA procedures have designated the flood plain area as an environmentally sensitive area and have selected the applicable categorical exemption (for short plats under WAC 197-11-800(6)(a)) as not being applicable within designated environmentally sensitive areas. WAC 197-11-908.

  4. May a city require mitigation under its SEPA authority that would impose requirements beyond what the city's zoning code imposes?
    Probably, given that case law makes it clear that SEPA acts as an "overlay" to local ordinances and can be applied to deny a project that otherwise complies with zoning regulations. For example, the court of appeals explained in West Main Assocs. v. Bellevue, 49 Wn. App. 513, 525 (1987):

    SEPA standards or policies are not "elevated" above specific zoning ordinances, but rather they provide general guidance for determining whether the environmental impacts of an otherwise acceptable project require the denial of, or the imposition of conditions on, the project. In this regard, our courts have repeatedly stated that SEPA is not a substitute for local zoning ordinances, but "overlays local ordinances and must be enforced even where a particular use is allowed by local law or policy." Cook v. Clallam Cy., 27 Wn. App. 410, 415, 618 P.2d 1030 (1980), review denied, 96 Wn.2d 1008 (1981); West Main Assocs. v. Bellevue, 106 Wn.2d 47, 53, 720 P.2d 782 (1986); Polygon, at 65; RCW 43.21C.060. Nevertheless, project denial or the imposition of conditions should be based on policies identified by the city and incorporated into its zoning regulations and/or comprehensive plan and formally designated by the city as possible bases for the exercise of its SEPA authority. Victoria Partnership v. Seattle, 59 Wn. App. 592, 597 (1990).



  5. May a city allow a developer to initiate construction on a project when an EIS is currently being prepared?
    No, although the developer, under WAC 197-11-070(4), may do certain preliminary activities that are not inconsistent with WAC 197-11-070(1), which states as follows: Until the responsible official issues a final determination of nonsignificance or final environmental impact statement, no action concerning the proposal shall be taken by a governmental agency that would:(a) Have an adverse environmental impact; or (b)Limit the choice of reasonable alternatives.

    Since the purpose of an EIS is to identify and discuss significant impacts and reasonable alternatives to a project, including mitigation measures, it would be unlikely that the city could allow any construction before that information is presented to the city in the form of a final EIS (and the project is approved). This conclusion is consistent with the general policy of SEPA to insure the full disclosure of environmental information so that environmental matters can be given proper consideration during decision making. Norway Hill Preservation & Protection Ass'n v. King County Council, 87 Wn.2d 267, 273 (1976).



Expand Section Subject Pages (4 Results)

  1. Selected MRSC Library Holdings - Environmental Review and the State Environmental Policy Act
    Selected list of MRSC Library holdings on environmental review and the State Environmental Policy Act (SEPA). It includes items on SEPA, impact assessment, regulatory reform, SEPA/GMA integration, federal environmental laws, environmental permits, and other related subjects
  2. Recent Court Decisions - State Environmental Policy Act
    This page provides links to State Environmental Policy Act recent court decisions
  3. Regulatory Reform/SEPA-GMA Integration
    This page provides links to regulatory reform/SEPA-GMA integration
  4. State Environmental Policy Act (SEPA)
    This page provides links to the state environmental policy act (SEPA)