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procedures shall be exempt.
(20) Bui1ding oodes. The adoption by ordinance of all codes
as required by the state Building Code Act (chapter 19.27 RCW).
(21) Adoption of Doise ordinanoes. The adoption by
counties/cities of resolutions, ordinances, rules or regulations
concerned with the control of noise which do not differ from
regulations adopted by the department of ecology under chapter
70.107 ROW. When a county/city proposes a noise resolution,
ordinance, rule or regulation, a portion of which differs from
the applicable state regulations (and thus requires approval of
the department of ecology under RCW 70.107.060(4)); SEPA
compliance may be limited to those items which differ from state
regulations.
(22) R.eview and Ol"llllftAut aotions. Any activity where one
agency reviews or comments upon the actions of another agency or
another department wi thin an agency shall be exempt.
(23) Uti1ities. The utility-related actions listed below
shall be exempt, except for installation, construction, or
alteration on lands covered by water. The exemption includes
installation and construction, relocation when required by other
-.-.. gov.ernmental bodies, repair, replacement "maintenance-;- operation
or alteration that does not change the action from an exempt
class.
(a) All communications lines, inClUding cable TV, but not
inclUding communication towers or relay stations.
(b) All storm water, water and sewer facilities, lines,
equipment, hookups or appurtenances including, utilizing or
related to lines eight inches or less in diameter.
(c) A11 electric facilities, lines, equipment or
appurtenances, not inClUding substations, with an associated
voltage of 55,000 volts or less; and the overbuilding of existing
distribution lines (55,000 volts or less) with transudssion lines
(more than 55,000 volts); and the undergrounding of all electric
facilities, lines, equipment or appurtenances.
(d) All natural gas distribution (as opposed to
transmission) lines and necessary appurtenant facilities and
hookups.
(e) All developments within the confines of any existing
electric substation, reservoir, pump station or well: Provided,
That additional appropriations of water are not exempted by this
subsection.
(f) Periodic use of chemical or mechanical means to maintain
a utility or transportation right of way in its design condition:
Provided, That chemicals used are approved by the Washington
state department of agriculture and applied by licensed ~
personnel. This exemption shall no~ apply to the use of
chemicals within watersheds that are controlled for the purpose
of drinking water quality in accordance with WAC 248-54-660.
(g) 'All grants of rights of way by agencies to utilities for
use for distribution (as opposed to transmission) purposes.
(h) All grants of franchises by agencies to utiliti~~
(i) All disposals of rights of way by utilities.
(24) Hatura1 resources management. 'In' addition to the other
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[Statutory Authority: 1995 c 347 (ESHB 1724) and ROW 43,21C,l10,
97-21-030 (Order 95-16), S 197-11-300, filed 10/10/97, effective
11/10/97. Statutory Authority: ROW 43,21C,l10. 84-05-020
(Order DE 83-39), S 197-11-300, filed 2/10/84, effective 4/4/84,]
WAC 197-11-305 Categorica1 exemptions. (1) If a proposal
fits within any of the provisions in Part Nine of these rules,
the proposal shall be categorically exempt from threshold
determination requirements (WAC 197-11-720) except as follows:
(a) The proposal is not exempt under WAC 197-11-908,
critical areas.
(b) The proposal is a segment of a proposal that includes:
(i) A series of actions, physically or functionally related
to each other, some of which are categorically exempt and some of
which are not; or
(ii) 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
....._-.-,- .-.l.ead' agency, unless the ageIici'es. .wil:h jtirisdiction-.-ag-ree 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, if the requirements of WAC 197-11-070 are
met.
(2) An agency is not required to document that a proposal is
categorically exempt. Agencies may note on. an application that a
proposal is categorically exempt or place such a determination in
agency files,
[Statutory Authority: ROW 43.21C.110. 95-07-023 (Order 94-22),
~ 197-11-305, filed 3/6/95, effective 4/6/95; 84-05-020 (Order DE
83-39), ~ 197-11-305, filed 2/10/84, effective 4/4/84,]
WAC 197-11-310 Thresho1d deter.minatioD required. (1) A
threshold determination is required for any proposal which meets
the definition of action and is not categorically exempt, subject
to the limdtations in WAC 197-11-600(3) concerning proposals for
which a threshold determination has already been issued, or
statutorily exempt as provided in chapter 43,21C ROW. A
threshold determination is not required for a planned action
(refer to WAC 197-11-164 through 197-11-172).
(2) The responsible official of the lead agency shall make
the threshold determination, which shall be made as close as
possibl~ to the time an agency has developed or is presented with
a proposal (WAC 197-11-784). If the lead agency is a GMA
county/city, that agency must meet the timing requirements in
subsection (6) of this section, - ,'--
(3) The responsible official shall ~~e a threshold
determination no later than ninety days after ,the application and
supporting documentation are determined to be complete, The
WAC (9/10/03 10:03 AM) [ 27 ]
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