(1) The act and these
rules allow agencies to condition or deny proposals if such action is based upon
policies identified by the appropriate governmental authority. These policies
must be incorporated into regulations, plans, or codes formally designated by the
agency (or appropriate legislative body, in the case of local government) as
possible bases for the exercise of substantive authority under SEPA.
(
RCW
43.21C.060; WAC
197-11-660.) State and local
policies so designated are called "agency SEPA policies" in these
rules.
(2) Agencies are required to
designate their SEPA policies not later than one hundred eighty days after the
effective date of these rules (or the creation of the agency). In order to
condition or deny a proposal, an agency must comply with the provisions of
RCW
43.21C.060 and WAC
197-11-660. If an agency has
already formally designated agency SEPA policies that meet the requirements of
the act and these rules, the agency is not required to adopt them again. Agencies
may revise or add to their SEPA policies at any time. Although agency SEPA
procedures cannot change the provisions of these rules concerning substantive
authority and mitigation (WAC
197-11-906(2) ),
agency SEPA policies are encouraged to identify specific mitigation measures or
techniques.
(3) An agency's document
that includes or references by citation their agency SEPA policies (WAC
197-11-660(3) )
may be included in agency SEPA procedures (WAC
197-11-904 ). Public notice and
opportunity for public comment shall be provided as part of the agency process
for formally designating its SEPA policies.
(4) Depending on their content, the formal
designation of agency SEPA policies will not necessarily require any
environmental review and will normally be categorically exempt as a procedural
action under WAC
197-11-800(19).
For example, the policies may merely compile, reorganize, or reference laws or
policies currently on the books, or may otherwise be procedural in nature, such
as requiring decision makers to consider certain factors.
