Environmental laws and regulations specific to Washington are a spotlight on the most pressing issues concerning state, local, and private lands. Those presented chronologically below are only a partial list, though together they showcase citizen priorities concerning responsible forest management, salmon and watershed health, rare endemic species and ecosystems, and the ever-increasing pressures of urbanization. The Revised Code of Washington (RCW) contains all laws. Each title (e.g., 43) contains specific chapters (e.g., 43.21). The Washington Administrative Code (WAC) also has titles and chapters, composed of complementary rules and guidelines for implementation of laws. Full text of laws and regulations can be obtained at www.leg.wa.gov or at public libraries.

State and Federal Agency Abbreviations
DFW: Department of Fish and Wildlife
DNR: Department of Natural Resources
DOE: Department of Ecology
FWS: U.S. Fish and Wildlife Service
USDA: U.S. Department of Agriculture

 

Forest Practices Act (1946, 1974)

Conservation Easement Laws (1971, 1979, 1984)

Laws allowing purchase or conveyance of development rights and conservation easements by local governments or nonprofit organizations. The Conservation Futures Program allows property taxes to be levied for acquisition funds by local governments. The DNR Forest Legacy Program, under the USDA federal program, protects working forests near urban areas. Nonprofit land trusts work directly with landowners, mostly on the county level. RCW 84.34.200–250 (acquisition), RCW 64.04.130 (easements/conveyances), RCW 84.36.500 (tax exemptions for conservation of farm land). More information: Many counties have nonprofit land trusts and Conservation Futures programs, so check with county offices or Web sites; DNR Forest Legacy Program, www.dnr.wa.gov/htdocs/amp/forest_legacy/legacyhome.html; List of WA land trusts, www.lta.org/findlandtrust/index.html.

 

Shoreline Management Act (1971)

Regulates development on shorelines of the Pacific, Puget Sound, Straight of Juan de Fuca, rivers, streams, and lakes of a certain size, and associated shoreline wetlands. Local cities and counties regulate through shoreline master programs (SMPs). An August 2001 lawsuit resulted in repeal of 1972 (with 2000 additions) SMP guidelines. Settlement announced in December 2002 by Governor Gary Locke with support from WA Environmental Council and Association of WA Business. Updated rules expected to be developed and implemented between 2003 and 2014. RCW 90.58 More information: Background and guidelines repeal, http://textonly.mrsc.org/Subjects/Environment/shorelin.aspx.

State Environmental Policy Act (1971)

Modeled after and similar to the federal act (NEPA). Pertains to state and local government projects or plans and is intended to incorporate environmental values and public participation into decision making by agencies. Requires a scoping and/or public comment process and submission of draft and final environmental impact statements before action is taken. Amended in 1983, requiring state agencies to follow guidelines under SEPA rules. Administered by DOE and affecting DNR, DFW, and DOE. RCW 43.21C (2003 amendments pending). More information: DOE SEPA home page: www.ecy.wa.gov/programs/sea/sepa/e-review.html.

Natural Area Preserves Act (1972)

Established the natural area preserve (NAP) designation under DNR administration. A 1982 amendment established the DNR Natural Heritage Program, which now selects and nominates areas for NAP status. The heritage program also monitors native ecosystems and rare species; amendment outlined six categories to describe the status of rare plants in WA. RCW 79.70. More information: DNR Natural Areas Program, www.dnr.wa.gov/nap/; DNR Natural Heritage Program, www.dnr.wa.gov/nhp; University of WA Rare Plant Care and Conservation Program, http://courses.washington.edu/rarecare/index.htm.

Scenic River System (1977)

Prohibits many development activities in and along river corridors designated as state scenic rivers. Can serve as the first step toward federal Wild and Scenic River protection. There are only a few protected riverways in WA. Administered by State Parks and Recreation Commission. RCW 79A.55 (amended 1999). More information: American Rivers list of state river protection programs, www.amrivers.org/wildscenictoolkit/stateprograms.htm.

Natural Resource Conservation Areas Act (1987)

Established the natural resource conservation area (NRCA) designation and four initial NRCAs. Managed by DNR Natural Areas Program (see Natural Areas Preserve Act). The Trust Lands Transfer Act (RCW 79.71.050) allows purchase of lands or development/extraction rights to establish NRCAs. RCW 79.71 (amended 1991, 2000).

Endangered Animal Species (1990)

Under state regulation (not law), several classifications exist for listing species of concern, including endangered, threatened, and sensitive. The Fish and Wildlife Commission (in the DFW) is charged with listing and delisting wildlife species in coordination with the federal FWS. WAC 232-12-297 (wildlife). More information: DFW species of concern: www.wa.gov/wdfw/wlm/diversity/soc/concern.htm.

Growth Management Act (1990)

A statewide comprehensive land-use planning law requiring counties and cities to develop twenty-year comprehensive plans to address both urban and rural development. There are thirteen key goals of the plan, which include reducing sprawl, protecting greenspace and the environment, encouraging citizen participation, and maintaining natural resource industries. Local planning efforts identify urban growth areas and conservation areas such as greenways, open space, and critical habitat designations. RCW 36.70A, WAC 365-195 (procedural criteria for adopting comprehensive plans and development regulations), WAC 365-190 (guidelines to classify natural resource and critical areas). More information: State Growth Management Program, www.ocd.wa.gov/info/lgd/growth; WA Research Council reports, www.researchcouncil.org/Briefs/2001/PB01-29/WAGMAGoalsPromises.htm; 1000 Friends of WA smart growth site, www.1000friends.org/smart_growth/smart_growth.cfm.

Puget Sound Water Quality Protection Act (1996)

Created the Puget Sound Action Team and Puget Sound Council to represent diverse interests and negotiate a biennial work plan for protecting Puget Sound through watershed planning and restoration activities. Broad public information sharing and participation are delineated. These and other activities are funded by the Governor’s office. RCW 90.71. More information: Puget Sound Action Team, www.psat.wa.gov.

Salmon Recovery Act (1999)

After the listing of sixteen endangered salmon species, the Forests and Fish negotiations began in 1996 between industries, environmentalists, tribes, and others to create new rules guiding habitat conservation plans for state and private timberlands. These were influential if unsuccessful, as conservation groups pulled out of the negotiations in protest, but the resulting report was used for the forestry module of the act. The act delineated seven Salmon Recovery Areas in the state and created the Governor’s Salmon Recovery Office, as well as a forest riparian easement program that gives tax credits to responsible small-forest landowners. RCW 77.85 (formerly 75.46). More information: Governor’s Salmon Recovery Office, www.governor.wa.gov/gsro; DFW salmon recovery site, www.wa.gov/wdfw/recovery.htm.

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