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State Environmental Permits and Approvals

Archaeological Excavation and Removal Permit

Trigger: DAHP requires this permit if a project excavates, alters, defaces, or removes archaeological objects or resources or Native Indian graves, cairns or glyptic records.

Statutory Authority: WAC 25-48; RCW 27.44; RCW 27.53

Regulatory Agency: DAHP

Aquatic Lands Use Authorization

Trigger: If a project is on state-owned aquatic lands, the Washington State Department of Natural Resources (DNR) may require a lease. Contact your District Land Manager to determine if your proposal requires other forms of authorization. WSDOT Real Estate Services usually works with DNR to obtain this authorization.

Statutory Authority: RCW 79.105; WAC 332-30; RCW 47.12.026

Regulatory Agency: DNR

Asbestos Removal

Trigger: The Washington Department of Labor and Industries (L&I) requires notification of their agency 10 days prior to starting an asbestos removal project involving more than 48 square feet of material (or 10 linear feet of piping or ducting). In addition, local air agencies require notification or a permit before an asbestos removal project can begin.

Statutory Authority: 40 CFR Part 61.145; WAC 296-65-020

Regulatory Agency: L&I/Ecology/Local Clean Air Authorities


    Forest Practices Act Permit

    Trigger: WSDOT projects on private or state forest lands may need a Forest Practices Permit. Project activities that trigger permits include: converting timberland to other uses, harvesting timber, and installing/replacing water crossings on forest roads.

    Statutory Authority: RCW 76.09; WAC 222

    Regulatory Agency: DNR and some counties/cities; WDFW (for Forest Practices Hydraulic Projects)

    Hydraulic Project Approval (HPA)

    Trigger: Projects that will use, divert, obstruct, or change the natural flow or bed of any state waters. Example project activities include: culvert work, stream realignment, bridge replacement, and any work within or over waters of the state.

    Statutory Authority: RCW 77.55; WAC 220-660

    Regulatory Agency: Washington Department of Fish and Wildlife (WDFW)

    Isolated Wetlands Administrative Order

    Trigger: Projects that may cause pollution, including discharge of fill or other alteration of the physical, chemical, or biological properties of isolated wetlands need to obtain an administrative order from Ecology.

    Statutory Authority: RCW 90.48

    Regulatory Agency: Ecology

    Resource Conservation and Recovery Act (RCRA) Site ID Number

    Trigger: WSDOT needs a RCRA Site ID number when dangerous waste may be generated on a project site. Dangerous waste is typically generated during bridge paint-related work, such as removing lead-based paint.

    Statutory Authority: WAC 173-303

    Regulatory Agency: Ecology

    State Environmental Policy Act (SEPA)

    Trigger: All WSDOT projects must comply with SEPA.

    Statutory Authority: RCW 43.21C; WAC 197-11

    Regulatory Agency: Ecology. WSDOT is typically the lead agency for our projects.

    Underground Storage Tank (UST) Notification

    Trigger: If a project requires installing or removing a UST, Ecology requires special notification.

    Statutory Authority: WAC 173-360; RCW 90.76

    Regulatory Agency:

    Water Rights Permit

    Trigger: WSDOT may need to obtain a water right permit for rest areas or maintenance facility, or for diversion of surface water to create a wetland mitigation site. If water from a permitted source is unavailable, a new or changed water right may be needed for withdrawal of more than 5,000 gpd of groundwater, or for any amount of surface water. WSDOT Real Estate Services usually gets this permit. Sometimes temporary water rights are obtained for controlling dust during construction.

    Statutory Authority: RCW Titles 89-90; WAC 173; WAC 508-12

    Regulatory Agency: Ecology