(1) Agencies shall use
the environmental checklist substantially in the form found in WAC
197-11-960 to assist in making
threshold determinations for proposals, except for:
(a) Public proposals on which the lead agency
has decided to prepare its own EIS; or
(b) Proposals on which the lead agency and
applicant agree an EIS will be prepared; or
(c) Projects which are proposed as planned
actions (see subsection (2) of this section); or
(d) Projects where questions on the checklist
are adequately covered by existing legal authorities (see subsection (6) of this
section); or
(e) Nonproject proposals
where the lead agency determines that questions in Part B do not contribute
meaningfully to the analysis of the proposal. In such cases, Parts A, C, and D at
a minimum shall be completed.
(2) For projects submitted as planned actions
under WAC
197-11-164, a GMA county/city shall
use the existing environmental checklist or modify the environmental checklist
form to fulfill the purposes outlined in WAC
197-11-172(1),
notwithstanding the requirements of WAC
197-11-906(4).
If the GMA county/city chooses to modify the existing
environmental checklist, the modified form shall be submitted to the department
of ecology to allow at least a thirty-day review prior to use. The department
shall notify the GMA county/city within thirty days of receipt if it has any
objections to the modified form and the general nature of the objections. If the
department objects, the modified form shall not be used until the GMA county/city
and the department have reached agreement.
(3) Agencies may use an environmental checklist
whenever it would assist in their planning and decision making, but shall only
require an applicant to prepare a checklist under SEPA if a checklist is required
by subsection (1) of this section.
(4) The lead agency shall prepare the checklist
or require an applicant to prepare the checklist.
(5) The items in the environmental checklist
are not weighted. The mention of one or many adverse environmental impacts does
not necessarily mean that the impacts are significant. Conversely, a probable
significant adverse impact on the environment may result in the need for an
EIS.
(6) In the checklist provided to
applicants, the lead agency for an environmental review under this chapter may
identify questions on the checklist adequately covered by a locally adopted
ordinance, development regulation, land use plan, or other legal authority. A
lead agency still must consider whether the action has an impact on the
particular element or elements of the environment in question.
(a) In instances where the locally adopted
ordinance, development regulation, land use plan, or other legal authority
provide the necessary information to answer a specific question, the lead agency
must explain how the proposed project satisfies the underlying local legal
authority.
(b) If the lead agency
identifies instances where questions on the checklist are adequately covered by a
locally adopted ordinance, development regulation, land use plan, or other legal
authority, an applicant may still provide answers to any questions on the
checklist.
(c) Nothing in this
section authorizes a lead agency to ignore or delete a question on the
checklist.
(7) The lead
agency may determine the appropriate methods for receipt of electronic submittals
of the checklist from applicants including electronic signature of Part C of the
checklist.
(8) Lead agencies may
include helpful information (including web links) in the checklist to assist
applicants in completing the questions.
