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Title 17E
Chapter 17E.050
Section 17E.050.080
 

Title 17E Environmental Standards

Chapter 17E.050 SEPA

Article III. Categorical Exemptions and Threshold Determinations

Section 17E.050.080 Categorical Exemptions – Applicability
  1. If a proposal fits within any of the provisions in SMC 17E.050.230 (Part Nine) and 17E.050.070, the proposal shall be categorically exempt from the threshold determination requirements (WAC 197-11-720), except when the proposal is a segment of a proposal that includes:
    1. a series of actions, physically or functionally related to each other, some of which are categorically exempt and some of which are not; or
    1. a series of exempt actions that are physically or functionally related to each other, and that together may have a probable significant adverse environmental impact in the judgment of an agency with jurisdiction. If so, that agency shall be the lead agency unless the agencies with jurisdiction agree that another agency should be the lead agency. Agencies may petition the department of ecology to resolve disputes (WAC 197-11-946).

For such proposals, the agency or applicant may proceed with the exempt aspects of the proposals, prior to conducting environmental review, provided the requirements of WAC 197-11-070 are met. See Appendix B for an informational matrix of exempt and nonexempt activities.

  1. The lead agency is not required to document that a proposal is categorically exempt. The lead agency may note on an application that a proposal is categorically exempt or place such a determination in the agency’s files.

Date Passed: Monday, March 29, 2021

Effective Date: Thursday, May 6, 2021

ORD C36025 Section 1