Wash. Admin. Code § 197-11-340 - Determination of nonsignificance (DNS)
(1) If
the responsible official determines there will be no probable significant adverse
environmental impacts from a proposal, the lead agency shall prepare and issue a
determination of nonsignificance (DNS) substantially in the form provided in WAC
197-11-970. If an agency adopts
another environmental document in support of a threshold determination (Part
Six), the notice of adoption (WAC
197-11-965) and the DNS shall be
combined or attached to each other.
(2) When a DNS is issued for any of the
proposals listed in (2)(a), the requirements in this subsection shall be met. The
requirements of this subsection do not apply to a DNS issued when the optional
DNS process in WAC
197-11-355 is used.
(a) An agency shall not act upon a proposal for
fourteen days after the date of issuance of a DNS if the proposal involves:
(i) Another agency with jurisdiction;
(iii) Issuance of clearing or grading permits
not exempted in Part Nine of these rules;
(v) A GMA action.
(b) The responsible official shall
send the DNS and environmental checklist to agencies with jurisdiction, the
department of ecology, and affected tribes, and each local agency or political
subdivision whose public services would be changed as a result of implementation
of the proposal, and shall give notice under WAC
197-11-510.
(c) Any person, affected tribe, or agency may
submit comments to the lead agency within fourteen days of the date of issuance
of the DNS.
(d) The date of issue for
the DNS is the date the DNS is sent to the department of ecology and agencies
with jurisdiction and is made publicly available.
(e) An agency with jurisdiction may assume lead
agency status only within this fourteen-day period (WAC
197-11-948).
(f) The responsible official shall reconsider
the DNS based on timely comments and may retain or modify the DNS or, if the
responsible official determines that significant adverse impacts are likely,
withdraw the DNS or supporting documents. When a DNS is modified, the lead agency
shall send the modified DNS to agencies with jurisdiction.
(3)
(a) The
lead agency shall withdraw a DNS if:
(i) There
are substantial changes to a proposal so that the proposal is likely to have
significant adverse environmental impacts;
(ii) There is significant new information
indicating, or on, a proposal's probable significant adverse environmental
impacts; or
(iii) The DNS was
procured by misrepresentation or lack of material disclosure; if such DNS
resulted from the actions of an applicant, any subsequent environmental checklist
on the proposal shall be prepared directly by the lead agency or its consultant
at the expense of the applicant.
(b) Subsection (3)(a)(ii) shall not apply when
a nonexempt license has been issued on a private project.
(c) If the lead agency withdraws a DNS, the
agency shall make a new threshold determination and notify other agencies with
jurisdiction of the withdrawal and new threshold determination. If a DS is
issued, each agency with jurisdiction shall commence action to suspend, modify,
or revoke any approvals until the necessary environmental review has occurred
(see also WAC
197-11-070).
Notes
Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-340, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 95-07-023 (Order 94-22), § 197-11-340, filed 3/6/95, effective 4/6/95; 84-05-020 (Order DE 83-39), § 197-11-340, filed 2/10/84, effective 4/4/84.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.