Infrastructure materials

AN ACT Relating to reducing regulatory burdens on small producers 1
of infrastructure materials; and amending RCW 78.44.031.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 78.44.031 and 2000 c 11 s 22 are each amended to 4
read as follows: 5
Unless the context clearly indicates otherwise, the definitions 6
in this section apply throughout this chapter. 7
(1) "Approved subsequent use" means the post surface-mining land 8
use contained in an approved reclamation plan and approved by the 9
local land use authority. 10
(2) "Completion of surface mining" means the cessation of mining 11
and directly related activities in any segment of a surface mine that 12
occurs when essentially all minerals that can be taken under the 13
terms of the reclamation permit have been depleted except minerals 14
required to accomplish reclamation according to the approved 15
reclamation plan. 16
(3) "Department" means the department of natural resources.17
(4) "Determination" means any action by the department including 18
permit issuance, reporting, reclamation plan approval or 19
modification, permit transfers, orders, fines, or refusal to issue 20
permits. 21
H-2688.1
HOUSE BILL 2454
State of Washington 69th Legislature 2026 Regular Session
By Representative Engell
Read first time 01/13/26. Referred to Committee on Agriculture &
Natural Resources.
p. 1 HB 2454
(5) "Disturbed area" means any place where activities clearly in 1
preparation for, or during, surface mining have physically disrupted, 2
covered, compacted, moved, or otherwise altered the characteristics 3
of soil, bedrock, vegetation, or topography that existed prior to 4
such activity. Disturbed areas may include , but are not limited to: 5
Working faces, water bodies created by mine-related excavation, pit 6
floors, the land beneath processing plant and stock pile sites, spoil 7
pile sites, and equipment staging areas. Disturbed areas shall also 8
include aboveground waste rock sites and tailing facilities, and 9
other surface manifestations of underground mines.10
Disturbed areas do not include: 11
(a) Surface mine access roads unless these have characteristics 12
of topography, drainage, slope stability, or ownership that, in the 13
opinion of the department, make reclamation necessary;14
(b) Lands that have been reclaimed to all standards outlined in 15
this chapter, rules of the department, any applicable SEPA document, 16
and the approved reclamation plan; and 17
(c) Subsurface aspects of underground mines, such as portals, 18
tunnels, shafts, pillars, and stopes. 19
(6) "Miner" means any person or persons, any partnership, limited 20
partnership, or corporation, or any association of persons, including 21
every public or governmental agency engaged in surface mining.22
(7) "Minerals" means clay, coal, gravel, industrial minerals, 23
metallic substances, peat, sand, stone, topsoil, and any other 24
similar solid material or substance to be excavated from natural 25
deposits on or in the earth for commercial, industrial, or 26
construction use. 27
(8) "Operations" means all mine-related activities, exclusive of 28
reclamation((,)) that include, but are not limited to , activities 29
that affect noise generation, air quality, surface and ground water 30
quality, quantity, and flow, glare, pollution, traffic safety, ground 31
vibrations, and/or significant or substantial impacts commonly 32
regulated under provisions of land use or other permits of local 33
government and local ordinances, or other state laws.34
Operations specifically include: 35
(a) The mining or extraction of rock, stone, gravel, sand, earth, 36
and other minerals; 37
(b) Blasting, equipment maintenance, sorting, crushing, and 38
loading; 39
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(c) On-site mineral processing including asphalt or concrete 1
batching, concrete recycling, and other aggregate recycling;2
(d) Transporting minerals to and from the mine, on-site road 3
maintenance, road maintenance for roads used extensively for surface 4
mining activities, traffic safety, and traffic control.5
(9) "Overburden" means the earth, rock, soil, and topsoil that 6
lie above mineral deposits. 7
(10) "Permit holder" means any person or persons, any 8
partnership, limited partnership, or corporation, or any association 9
of persons, either natural or artificial, including every public or 10
governmental agency engaged in surface mining and/or the operation of 11
surface mines, whether individually, jointly, or through 12
subsidiaries, agents, employees, operators, or contractors who holds 13
a state reclamation permit. 14
(11) "Reclamation" means rehabilitation for the appropriate 15
future use of disturbed areas resulting from surface mining including 16
areas under associated mineral processing equipment, areas under 17
stockpiled materials, and aboveground waste rock and tailing 18
facilities, and all other surface disturbances associated with 19
underground mines. Although both the need for and the practicability 20
of reclamation will control the type and degree of reclamation in any 21
specific surface mine, the basic objective shall be to reestablish on 22
a perpetual basis the vegetative cover, soil stability, and water 23
conditions appropriate to the approved subsequent use of the surface 24
mine and to prevent or mitigate future environmental degradation.25
(12) "Reclamation setbacks" include those lands along the margins 26
of surface mines wherein minerals and overburden shall be preserved 27
in sufficient volumes to accomplish reclamation according to the 28
approved plan and the minimum reclamation standards. Maintenance of 29
reclamation setbacks may not preclude other mine-related activities 30
within the reclamation setback. 31
(13) "Recycling" means the reuse of minerals or rock products.32
(14) "Screening" consists of vegetation, berms or other 33
topography, fencing, and/or other screens that may be required to 34
mitigate impacts of surface mining on adjacent properties and/or the 35
environment. 36
(15) "Segment" means any portion of the surface mine that, in the 37
opinion of the department: 38
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(a) Has characteristics of topography, drainage, slope stability, 1
ownership, mining development, or mineral distribution, that make 2
reclamation necessary; 3
(b) Is not in use as part of surface mining and/or related 4
activities; and 5
(c) Is larger than seven acres and has more than ((five hundred)) 6
500 linear feet of working face except as provided in a segmental 7
reclamation agreement approved by the department. 8
(16) "SEPA" means the state environmental policy act, chapter 9
43.21C RCW and rules adopted thereunder. 10
(17)(a) "Surface mine" means any area or areas in close proximity 11
to each other, as determined by the department, where extraction of 12
minerals results in: 13
(i) More than ((three)) seven acres of disturbed area;14
(ii) Surface mined slopes greater than ((thirty)) 30 feet high 15
and steeper than 1.0 foot horizontal to 1.0 foot vertical; or16
(iii) More than one acre of disturbed area within an eight acre 17
area, when the disturbed area results from mineral prospecting or 18
exploration activities. 19
(b) Surface mines include areas where mineral extraction from the 20
surface or subsurface occurs by the auger method or by reworking mine 21
refuse or tailings, when the disturbed area exceeds the size or 22
height thresholds listed in (a) of this subsection.23
(c) Surface mining occurs when operations have created or are 24
intended to create a surface mine as defined by this subsection.25
(d) Surface mining shall exclude excavations or grading used:26
(i) Primarily for on-site construction, on-site road maintenance, 27
or on-site landfill construction; 28
(ii) For the purpose of public safety or restoring the land 29
following a natural disaster; 30
(iii) For the purpose of removing stockpiles; 31
(iv) For forest or farm road construction or maintenance on-site 32
or on contiguous lands; 33
(v) Primarily for public works projects if the mines are owned or 34
primarily operated by counties with 1993 populations of less than 35
((twenty thousand )) 20,000 persons, and if each mine has less than 36
seven acres of disturbed area; and 37
(vi) For sand authorized by RCW 79A.05.630. 38
(18) "Topsoil" means the naturally occurring upper part of a soil 39
profile, including the soil horizon that is rich in humus and capable 40
p. 4 HB 2454
of supporting vegetation together with other sediments within four 1
vertical feet of the ground surface. 2
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