Section 365-196-735 - State and regional authorities(1) When developing and amending comprehensive plans and development regulations under the act, counties and cities should consider existing state and regional regulatory and planning provisions affecting land use, resource management, environmental protection, utilities, or public facilities including: (a) State statutes and regulations imposing statewide standards;(b) Programs involving state-issued permits or certifications;(c) State statutes and regulations regarding rates, services, facilities and practices of utilities, and tariffs of utilities in effect pursuant to such statutes and regulations;(d) State and regional plans;(e) Regulations and permits issued by regional entities;(f) Locally developed plans subject to review or approval by state or regional entities.(2) Examples of statutes and regulations imposing statewide standards are: (a) Water quality standards and sediment standards, adopted by the department of ecology under the state Water Pollution Control Act;(b) Drinking water standards adopted by the department of health pursuant to the Federal Safe Drinking Water Act;(c) Minimum functional standards for solid waste handling, adopted by the department of ecology under the state Solid Waste Management Act;(d) Minimum cleanup standards under the Model Toxics Control Act adopted by the department of ecology;(e) Statutory requirements under the Shoreline Management Act and implementing guidelines and regulations adopted by the department of ecology;(f) Standards for forest practices, adopted by the forest practices board under the state Forest Practices Act;(g) Minimum requirements for flood plain management, adopted by the department of ecology under the Flood Plain Management Act;(h) Minimum performance standards for construction pursuant to the state or International Building Code;(i) Safety codes, such as the electrical construction code, adopted by the department of labor and industries;(j) Archaeological investigation and reporting standards adopted by the department of archaeology and historic preservation under the Archaeological Sites and Resources Act and the Indian Graves and Records Act;(k) Statutory requirements and procedures under the Planning Enabling Act.(3) Examples of programs involving state issued permits or certifications are: (a) Permits relating to forest practices, issued by the department of natural resources;(b) Permits relating to surface mining reclamation, issued by the department of natural resources;(c) National pollutant discharge elimination permits and waste discharge permits, issued by the department of ecology;(d) Water rights permits, issued by department of ecology under state surface and groundwater codes;(e) Hydraulic project approvals, issued by departments of fisheries and wildlife under the state fisheries code;(f) Water quality certifications, issued by the department of ecology;(g) Operating permits for public water supply systems, issued by the state health department;(h) Site certifications developed by the energy facility site evaluation council;(i) Permits relating to the generation, transportation, storage or disposal of dangerous wastes, issued by the department of ecology;(j) Permits for disturbing or impacting archaeological sites and for the discovery of human remains, issued by the department of archaeology and historic preservation.(4) Examples of state and regional plans are:(a) State implementation plan for ambient air quality standards under the Federal Clean Air Act;(b) Statewide multimodal transportation plan and the Washington transportation plan adopted under chapter 47.01 RCW;(c) Instream resource protection regulations for water resource inventory areas adopted under the Water Resources Act of 1971;(d) Groundwater management area programs, adopted pursuant to the groundwater code;(e) Plan or action agendas adopted by the Puget Sound partnership;(f) State outdoor recreation and open space plan;(h) Regional transportation planning organization plans and plans that meet the requirements for multicounty planning policies under RCW 36.70A.210(7).(5) Examples of regulations and permits issued by regional entities are:(a) Solid waste disposal facility permits issued by health departments under the Solid Waste Management Act;(b) Regulations adopted by regional air pollution control authorities;(c) Operating permits for air contaminant sources issued by regional air pollution control authorities.(6) Examples of locally developed plans subject to review or approval by state or regional agencies are: (a) Shoreline master programs, approved by the department of ecology;(b) The consistency requirement for lands adjacent to shorelines of the state set forth in RCW 90.58.340;(c) Coordinated water system plans for critical water supply service areas, approved by the department of health;(d) Plans for individual public water systems, approved by the department of health;(e) Comprehensive sewage drainage basin plans, approved by the department of ecology;(f) Local moderate risk waste plans, approved by the department of ecology;(g) Integrated resource plans required to be filed with the utilities and transportation commission in accordance with WAC 480-100-238;(h) Reclaimed water plans, approved by the department of ecology and/or department of health.Wash. Admin. Code § 365-196-735
Statutory Authority: RCW 36.70A.050 and 36.70A.190. 10-03-085, § 365-196-735, filed 1/19/10, effective 2/19/10.