Salmon recovery projects

AN ACT Relating to extending a program to streamline the 1
environmental permitting process for salmon recovery projects; 2
amending RCW 77.55.480 and 43.21C.515; creating a new section; 3
providing an effective date; and declaring an emergency.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. (1) The legislature finds that in 2021 the 6
legislature created the habitat recovery pilot program to streamline 7
project permitting for habitat restoration projects that have been 8
determined to contribute to the recovery of watersheds throughout the 9
state. The legislature also finds that the pilot project's intent to 10
advance projects to construction as quickly and efficiently as 11
possible has been realized, with projects experiencing time and cost 12
savings by utilizing the streamlined process.13
(2) Therefore, the legislature intends to make the pilot program 14
permanent and to improve the streamlined process. 15
Sec. 2. RCW 77.55.480 and 2021 c 75 s 2 are each amended to read 16
as follows: 17
(1) The habitat ((recovery pilot )) restoration permit pathway 18
program is created. 19
S-0365.1
SENATE BILL 5155
State of Washington 69th Legislature 2025 Regular Session
By Senators Salomon, Shewmake, Chapman, Hasegawa, Liias, Nobles, and
Wellman
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Local Government.
p. 1 SB 5155
(2)(a) In order to be included in this statewide ((pilot)) permit 1
pathway program and qualify for the permit review and approval 2
process created in this section, an environmental restoration project 3
must directly benefit freshwater, estuarine, or marine fish, or the 4
habitat they rely on, and must be included on a list of projects 5
((reviewed,)) approved((,)) or funded by one of the following 6
restoration programs: 7
(i) The Bonneville power administration restoration program;8
(ii) The Brian Abbott fish barrier removal board;9
(iii) The estuary and salmon restoration program;10
(iv) The floodplains by design program; 11
(v) The office of Chehalis basin aquatic species restoration 12
program; 13
(vi) The office of Columbia river habitat recovery projects;14
(vii) The Puget Sound acquisition and restoration fund;15
(viii) The Puget Sound national estuary program;16
(ix) The salmon recovery funding board; 17
(x) The Washington coast restoration and resiliency initiative;18
(xi) The Yakima tributary access and habitat program;19
(xii) Fish recovery projects sponsored by a federally recognized 20
tribe; ((and))21
(xiii) Fish acclimation facility projects sponsored or operated 22
by a federally recognized tribe;23
(xiv) Clean water section 319 and centennial clean water program 24
grants installing instream and riparian nonpoint source projects; and25
(xv) The Washington wildlife and recreation program, funded by 26
the habitat conservation account created in RCW 79A.15.020.27
(b) A project application reviewed under this section must 28
document consistency with local, state, and federal flood risk 29
reduction requirements. A project may not be reviewed under the 30
process created in this section if the local government within whose 31
geographical jurisdiction the project will be located determines that 32
the project does not meet applicable flood risk reduction 33
requirements, or otherwise determines that the project raises 34
concerns regarding public health and safety, and the local government 35
provides timely notice of its determination to the department.36
(c)(i) With regard to cultural resources, a project applicant or 37
funding agency must review the project with the department of 38
archaeology and historic preservation and complete any required site 39
surveys before the project applicant files an application under this 40
p. 2 SB 5155
section. A project applicant must document consistency in the 1
application with applicable cultural resource protection 2
requirements. 3
(ii) A project applicant must provide a ((copy of its 4
application)) description of the proposed project and the project's 5
area of potential effect, including vertical and horizontal limits 6
and any additional ground disturbance activities, to the department 7
of archaeology and historic preservation, and to affected federally 8
recognized tribes, no fewer than 60 days before the application may 9
be filed with the department. A project applicant must provide a copy 10
of its application under this section to an affected federally 11
recognized tribe at the tribe's request.12
(iii) The department may not review a project under the expedited 13
process created in this section if a cultural resource site is 14
identified at the project site or if an affected federally recognized 15
tribe withholds its consent that the project should be expedited 16
according to the process set forth in this section. Such consent may 17
be withheld upon a determination that the project may adversely 18
impact cultural resources. Notice of such a determination must be 19
provided to the department by the affected federally recognized tribe 20
in a timely manner. 21
(iv) In the event of an inadvertent discovery of cultural 22
resources or human remains, the project applicant shall immediately 23
notify the department, the department of archaeology and historic 24
preservation, and affected federally recognized tribes. In the event 25
of an inadvertent discovery of cultural resources or human remains, 26
existing requirements applicable to inadvertent discoveries of 27
cultural resources and human remains, including those set forth in 28
chapters 27.53, 27.44, and 68.60 RCW, apply. 29
(d) For those projects that require a ((lease or other)) land use 30
authorization from the department of natural resources, the project 31
applicant must include in its application for a permit under this 32
section a signed joint aquatic resources permit application, 33
attachment E. The project applicant must provide a copy of a 34
completed application to the department of natural resources ((no 35
fewer than 30 days before the application may be filed with the 36
department)). The project applicant may submit its completed 37
application for a permit under this section to the department either: 38
(i) 30 days after providing a copy of a completed application to the 39
department of natural resources; or (ii) upon receipt of a signed 40
p. 3 SB 5155
attachment E from the department of natural resources, whichever 1
comes first. If the project applicant submits their application 30 2
days after filing the signed joint aquatic resources permit 3
application, attachment E, with the department of natural resources, 4
the department of natural resources must make a final decision on 5
applications for projects under this section within 30 days of the 6
issuance of a permit under this section. 7
(3) Fish recovery and fish habitat restoration projects meeting 8
the criteria of subsection (2) of this section are expected to result 9
in beneficial impacts to the aquatic environment. Projects approved 10
for inclusion in this ((pilot)) permit pathway program and that are 11
reviewed and approved according to the provisions of this section are 12
not subject to the requirements of RCW 43.21C.030(2) and are not 13
required to obtain local or state permits or approvals other than the 14
permit issued under this section, except permits minimally necessary 15
as a requirement of participation in a federal program.16
(4)(a) A permit under this chapter is required for projects that 17
meet the criteria of subsection (2) of this section and must be 18
reviewed and, if appropriate, approved under this section. An 19
applicant shall use the department's online permitting system or a 20
paper or email joint aquatic resources permit application submission 21
to apply for approval under this section and shall at the same time 22
provide a copy of the application to the local government within 23
whose geographical jurisdiction the project will be located, to the 24
members of the multiagency permitting team created in this section, 25
and to potentially affected federally recognized tribes.26
(b) When the department concludes that a complete application has 27
been submitted under this section and copies of the application have 28
been provided as required in this section, the department shall 29
provide notice to the local government within whose geographical 30
jurisdiction the project will be located, to potentially affected 31
federally recognized tribes, and to the members of the multiagency 32
permitting team of receipt of a complete permit application.33
(i) Unless the multiagency permitting team process described in 34
this section is invoked, the department shall evaluate and make a 35
decision on the application not sooner than 25 days, and not later 36
than 45 days, after receipt of a complete permit application.37
(ii) Within 25 days of receiving a copy of the complete project 38
application, the local government within whose geographical 39
jurisdiction the project would be located, any member of the 40
p. 4 SB 5155
multiagency permitting team, or a potentially affected federally 1
recognized tribe may request that the department place the 2
application on hold and immediately convene a meeting with the 3
requesting entity and the multiagency permitting team to review and 4
evaluate the project. 5
(iii) All parties involved in this review process shall work in 6
good faith to expedite permitting and any party with concerns shall 7
provide the basis for its concerns and potential pathways to address 8
those concerns. Any party objecting to expedited permitting shall 9
provide a written basis for its objections to the department or the 10
multiagency permitting team. 11
(iv) The multiagency review process may not exceed 45 days from 12
the request for review. 13
(c) The multiagency permitting team consists of representatives 14
of the local government in whose geographical jurisdiction the 15
project would be located, the department, the department of ecology, 16
the recreation and conservation office, the governor's salmon 17
recovery office, the department of natural resources, and, when the 18
project in question is located in the Puget Sound basin, the Puget 19
Sound partnership. For projects located in the Puget Sound basin, 20
meetings of the multiagency permitting team must be facilitated by 21
the Puget Sound partnership. All other meetings of the multiagency 22
permitting team must be facilitated by the recreation and 23
conservation office. 24
(d) The department or, where applicable, the multiagency 25
permitting team, shall exclude any project from the review and 26
approval process created by this section if it concludes that the 27
project may adversely impact human health, public safety, or the 28
environment, or that the project's scope or complexity renders it 29
inappropriate for expedited review. 30
(e) If the department or the multiagency permitting team 31
determines that the review and approval process created by this 32
section is not appropriate for the proposed project, the department 33
shall notify the applicant, the appropriate local government, and 34
potentially affected federally recognized tribes of its 35
determination. The applicant may reapply for approval of the project 36
under generally applicable review and approval processes. If the 37
multiagency permitting team determines that the review and approval 38
process created by this section is appropriate for the proposed 39
project, the hold on the application must be lifted and the 40
p. 5 SB 5155
department shall make a decision within the time that remains of the 1
original 45-day decision deadline. 2
(f) Any person aggrieved by the approval, denial, conditioning, 3
or modification of a permit under this section may appeal the 4
decision as provided in RCW 77.55.021(8). 5
(g) The department shall, in a timely manner, provide a copy of 6
any application seeking review under this section and shall 7
thereafter coordinate with affected federally recognized tribes as it 8
implements this section. 9
(5) No local or state government may require permits or charge 10
fees other than the permit issued under this section, except permits 11
minimally necessary as a requirement of participation in a federal 12
program, for fish recovery ((pilot)) projects that meet the criteria 13
of subsection (2) of this section and that are reviewed and approved 14
according to the provisions of this section. 15
(6) No civil liability may be imposed by any court on the state 16
or its officers and employees for any adverse impacts resulting from 17
a fish recovery stimulus ((pilot)) project permitted by the 18
department under the criteria of this section except upon proof of 19
gross negligence or willful or wanton misconduct. 20
(((7) This section expires June 30, 2025.))21
Sec. 3. RCW 43.21C.515 and 2021 c 75 s 3 are each amended to 22
read as follows: 23
(((1))) A project that receives a permit pursuant to RCW 24
77.55.480 is not subject to the requirements of RCW 43.21C.030(2).25
(((2) This section expires June 30, 2025.))26
NEW SECTION. Sec. 4. This act is necessary for the immediate 27
preservation of the public peace, health, or safety, or support of 28
the state government and its existing public institutions, and takes 29
effect June 30, 2025.30
--- END ---
p. 6 SB 5155