Culvert replacement permits

AN ACT Relating to local government permits for replacing 1
existing culverts; and amending RCW 77.55.021. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 77.55.021 and 2020 c 10 s 4 are each amended to read 4
as follows: 5
(1) Except as provided in RCW 77.55.031, 77.55.051, 77.55.041, 6
and 77.55.361, in the event that any person or government agency 7
desires to undertake a hydraulic project, the person or government 8
agency shall, before commencing work thereon, secure the approval of 9
the department in the form of a permit as to the adequacy of the 10
means proposed for the protection of fish life. 11
(2) A complete written application for a permit may be submitted 12
in person or by registered mail and must contain the following:13
(a) General plans for the overall project; 14
(b) Complete plans and specifications of the proposed 15
construction or work within the mean higher high water line in salt 16
water or within the ordinary high water line in fresh water;17
(c) Complete plans and specifications for the proper protection 18
of fish life; 19
S-3743.2
SENATE BILL 6154
State of Washington 69th Legislature 2026 Regular Session
By Senators Salomon and Liias
Read first time 01/15/26. Referred to Committee on Agriculture &
Natural Resources.
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(d) Notice of compliance with any applicable requirements of the 1
state environmental policy act, unless otherwise provided for in this 2
chapter; and 3
(e) In the event that any person or government agency desires to 4
undertake mineral prospecting or mining using motorized or gravity 5
siphon equipment or desires to discharge effluent from such an 6
activity to waters of the state, the person or government agency must 7
also provide proof of compliance with the requirements of the federal 8
clean water act issued by the department of ecology.9
(3) The department may establish direct billing accounts or other 10
funds transfer methods with permit applicants to satisfy the fee 11
payment requirements of RCW 77.55.321. 12
(4) The department may accept complete, written applications as 13
provided in this section for multiple site permits and may issue 14
these permits. For multiple site permits, each specific location must 15
be identified. 16
(5) With the exception of emergency permits as provided in 17
subsection (12) of this section, applications for permits must be 18
submitted to the department's headquarters office in Olympia. 19
Requests for emergency permits as provided in subsection (12) of this 20
section may be made to the permitting biologist assigned to the 21
location in which the emergency occurs, to the department's regional 22
office in which the emergency occurs, or to the department's 23
headquarters office. 24
(6) Except as provided for emergency permits in subsection (12) 25
of this section, the department may not proceed with permit review 26
until all fees are paid in full as required in RCW 77.55.321.27
(7)(a) Protection of fish life is the only ground upon which 28
approval of a permit may be denied or conditioned. Approval of a 29
permit may not be unreasonably withheld or unreasonably conditioned.30
(b) Except as provided in this subsection and subsections (12) 31
through (14) and (16) of this section, the department has ((forty-32
five)) 45 calendar days upon receipt of a complete application to 33
grant or deny approval of a permit. The ((forty-five day )) 45-day 34
requirement is suspended if: 35
(i) After ((ten)) 10 working days of receipt of the application, 36
the applicant remains unavailable or unable to arrange for a timely 37
field evaluation of the proposed project; 38
(ii) The site is physically inaccessible for inspection;39
(iii) The applicant requests a delay; or 40
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(iv) The department is issuing a permit for a stormwater 1
discharge and is complying with the requirements of RCW 2
77.55.161(3)(b). 3
(c) Immediately upon determination that the ((forty-five day )) 4
45-day period is suspended under (b) of this subsection, the 5
department shall notify the applicant in writing of the reasons for 6
the delay. 7
(d) The period of ((forty-five)) 45 calendar days may be extended 8
if the permit is part of a multiagency permit streamlining effort and 9
all participating permitting agencies and the permit applicant agree 10
to an extended timeline longer than ((forty-five)) 45 calendar days.11
(8) If the department denies approval of a permit, the department 12
shall provide the applicant a written statement of the specific 13
reasons why and how the proposed project would adversely affect fish 14
life. 15
(a) Except as provided in (b) of this subsection, issuance, 16
denial, conditioning, or modification of a permit shall be appealable 17
to the board within ((thirty)) 30 days from the date of receipt of 18
the decision as provided in RCW 43.21B.230. 19
(b) Issuance, denial, conditioning, or modification of a permit 20
may be informally appealed to the department within ((thirty)) 30 21
days from the date of receipt of the decision. Requests for informal 22
appeals must be filed in the form and manner prescribed by the 23
department by rule. A permit decision that has been informally 24
appealed to the department is appealable to the board within 25
((thirty)) 30 days from the date of receipt of the department's 26
decision on the informal appeal. 27
(9)(a) ((The)) (i) Except as provided for in (b) of this 28
subsection, the permittee must demonstrate substantial progress on 29
construction of that portion of the project relating to the permit 30
within two years of the date of issuance. 31
(((b))) (ii) Approval of a permit is valid for up to five years 32
from the date of issuance, except as provided in (c) of this 33
subsection and in RCW 77.55.151. 34
(b) The permittee may apply to the department for an exception in 35
(a) of this subsection if the permittee is a local government and the 36
permittee can demonstrate that the permit for hydraulic projects to 37
replace existing culverts should be extended because the replacement 38
of the culvert will not provide a substantial fish habitat benefit 39
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due to existing culverts blocking access within a specified stream 1
reach or reaches. 2
(c) A permit remains in effect without need for periodic renewal 3
for hydraulic projects that divert water for agricultural irrigation 4
or stock watering purposes and that involve seasonal construction or 5
other work. A permit for stream bank stabilization projects to 6
protect farm and agricultural land as defined in RCW 84.34.020 7
remains in effect without need for periodic renewal if the problem 8
causing the need for the stream bank stabilization occurs on an 9
annual or more frequent basis. The permittee must notify the 10
appropriate agency before commencing the construction or other work 11
within the area covered by the permit. 12
(10) The department may, after consultation with the permittee, 13
modify a permit due to changed conditions. A modification under this 14
subsection is not subject to the fees provided under RCW 77.55.321. 15
The modification is appealable as provided in subsection (8) of this 16
section. For a hydraulic project that diverts water for agricultural 17
irrigation or stock watering purposes, when the hydraulic project or 18
other work is associated with stream bank stabilization to protect 19
farm and agricultural land as defined in RCW 84.34.020, the burden is 20
on the department to show that changed conditions warrant the 21
modification in order to protect fish life. 22
(11) A permittee may request modification of a permit due to 23
changed conditions. The request must be processed within ((forty-24
five)) 45 calendar days of receipt of the written request and payment 25
of applicable fees under RCW 77.55.321. A decision by the department 26
is appealable as provided in subsection (8) of this section. For a 27
hydraulic project that diverts water for agricultural irrigation or 28
stock watering purposes, when the hydraulic project or other work is 29
associated with stream bank stabilization to protect farm and 30
agricultural land as defined in RCW 84.34.020, the burden is on the 31
permittee to show that changed conditions warrant the requested 32
modification and that such a modification will not impair fish life.33
(12)(a) The department, the county legislative authority, or the 34
governor may declare and continue an emergency. If the county 35
legislative authority declares an emergency under this subsection, it 36
shall immediately notify the department. A declared state of 37
emergency by the governor under RCW 43.06.010 shall constitute a 38
declaration under this subsection. 39
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(b) The department, through its authorized representatives, shall 1
issue immediately, upon request, verbal approval for a stream 2
crossing, or work to remove any obstructions, repair existing 3
structures, restore stream banks, protect fish life, or protect 4
property threatened by the stream or a change in the streamflow 5
without the necessity of obtaining a written permit prior to 6
commencing work. If the site of an emergency culvert replacement 7
project does not provide substantial fish habitat benefits, and after 8
the work has been completed to restore stream conveyance to 9
preemergency conditions or restore, repair, and protect fish life and 10
property at the emergency location, a permittee that is a local 11
government may apply to the department for permission to invest 12
equivalent resources in upgrading an alternate fish passage barrier 13
within that local government's prioritized watershed strategy that 14
would provide substantial fish habitat benefits, rather than 15
investing those resources at the site of the emergency culvert 16
location. Conditions of the emergency verbal permit must be reduced 17
to writing within ((thirty)) 30 days and complied with as provided 18
for in this chapter. 19
(c) The department may not require the provisions of the state 20
environmental policy act, chapter 43.21C RCW, to be met as a 21
condition of issuing a permit under this subsection.22
(d) The department may not charge a person requesting an 23
emergency permit any of the fees authorized by RCW 77.55.321 until 24
after the emergency permit is issued and reduced to writing.25
(13) All state and local agencies with authority under this 26
chapter to issue permits or other authorizations in connection with 27
emergency water withdrawals and facilities authorized under RCW 28
43.83B.410 shall expedite the processing of such permits or 29
authorizations in keeping with the emergency nature of such requests 30
and shall provide a decision to the applicant within ((fifteen)) 15 31
calendar days of the date of application. 32
(14) The department or the county legislative authority may 33
determine an imminent danger exists. The county legislative authority 34
shall notify the department, in writing, if it determines that an 35
imminent danger exists. In cases of imminent danger, the department 36
shall issue an expedited written permit, upon request, for work to 37
remove any obstructions, repair existing structures, restore banks, 38
protect fish resources, or protect property. Expedited permit 39
requests require a complete written application as provided in 40
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subsection (2) of this section and must be issued within ((fifteen)) 1
15 calendar days of the receipt of a complete written application. 2
Approval of an expedited permit is valid for up to ((sixty)) 60 days 3
from the date of issuance. The department may not require the 4
provisions of the state environmental policy act, chapter 43.21C RCW, 5
to be met as a condition of issuing a permit under this subsection.6
(15)(a) For any property, except for property located on a marine 7
shoreline, that has experienced at least two consecutive years of 8
flooding or erosion that has damaged or has threatened to damage a 9
major structure, water supply system, septic system, or access to any 10
road or highway, the county legislative authority may determine that 11
a chronic danger exists. The county legislative authority shall 12
notify the department, in writing, when it determines that a chronic 13
danger exists. In cases of chronic danger, the department shall issue 14
a permit, upon request, for work necessary to abate the chronic 15
danger by removing any obstructions, repairing existing structures, 16
restoring banks, restoring road or highway access, protecting fish 17
resources, or protecting property. Permit requests must be made and 18
processed in accordance with subsections (2) and (7) of this section.19
(b) Any projects proposed to address a chronic danger identified 20
under (a) of this subsection that satisfies the project description 21
identified in RCW 77.55.181(1)(a)(ii) are not subject to the 22
provisions of the state environmental policy act, chapter 43.21C RCW. 23
However, the project is subject to the review process established in 24
RCW 77.55.181(3) as if it were a fish habitat improvement project.25
(16) The department may issue an expedited written permit in 26
those instances where normal permit processing would result in 27
significant hardship for the applicant or unacceptable damage to the 28
environment. Expedited permit requests require a complete written 29
application as provided in subsection (2) of this section and must be 30
issued within ((fifteen)) 15 calendar days of the receipt of a 31
complete written application. Approval of an expedited permit is 32
valid for up to ((sixty)) 60 days from the date of issuance. The 33
department may not require the provisions of the state environmental 34
policy act, chapter 43.21C RCW, to be met as a condition of issuing a 35
permit under this subsection. 36
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