A Guide to the Washington Hydraulic Code Requirements, Process, and Compliance

The Washington Hydraulic Code, a crucial set of regulations aimed at protecting the state's invaluable fish life and habitats, plays a pivotal role in guiding construction and development projects that interact with Washington's waters. This comprehensive guide delves into the intricacies of the code, providing a clear understanding of its applicability, key provisions, and compliance obligations. By exploring the regulatory standards, limitations, and recent developments, readers will gain the knowledge necessary to navigate the permitting process, proactively engage with relevant agencies, and ensure their projects adhere to the highest environmental standards. With a focus on practical insights and actionable information, this guide serves as an essential resource for managing the complexities of the Washington Hydraulic Code and successfully executing projects that prioritize the protection of the state's precious aquatic resources.

GENERAL INFORMATION

Key Details of the Washington Hydraulic Code

Issuing Agency: Washington Department of Fish and Wildlife (WDFW) Year Established: 1943 Last Amended: 2020 Statutory Authority: Revised Code of Washington (RCW) Chapter 77.55, commonly known as the "Hydraulic Code" Primary Legal Reference: Washington Administrative Code (WAC) Chapter 220-660

Overview of the Washington Hydraulic Code

The Washington Hydraulic Code is a set of regulations that operates within the state's broader environmental regulatory framework, which includes the State Environmental Policy Act (SEPA) and the Shoreline Management Act (SMA). The Hydraulic Code specifically addresses the protection of fish life and habitat in Washington's waters, while complementing federal regulations such as the Clean Water Act and the Endangered Species Act.

The primary agency responsible for administering and enforcing the Hydraulic Code is the Washington Department of Fish and Wildlife (WDFW). The regulation was first enacted in 1943 and has undergone several major amendments, with the most recent significant update occurring in 2020.

The Hydraulic Code's main approach to achieving its goals is through a permitting system known as the Hydraulic Project Approval (HPA). This permit is required for any project that will use, divert, obstruct, or change the natural flow or bed of state waters. The WDFW reviews HPA applications to ensure that projects incorporate necessary measures to protect fish life and habitat.

The Hydraulic Code applies to all waters of the state, including marine waters, wetlands, lakes, rivers, and streams. It regulates a wide range of entities, from state and local governments to private individuals and businesses. However, there are some exemptions for certain types of projects, such as those related to agricultural activities and emergency repairs.

What does the Washington Hydraulic Code protect?

The Washington Hydraulic Code protects fish life and their habitats within the waters of the state. This includes all fish species, not just those that are commercially or recreationally valuable, as well as the various aquatic habitats they depend on, such as streams, rivers, lakes, wetlands, and marine waters. The regulation aims to protect these resources from the adverse impacts of hydraulic projects, which are any activities that will use, divert, obstruct, or change the natural flow or bed of state waters.1

The Hydraulic Code achieves this protection by requiring project proponents to obtain a Hydraulic Project Approval (HPA) from the Washington Department of Fish and Wildlife (WDFW) before conducting work in or near state waters. The WDFW reviews HPA applications to ensure that projects incorporate necessary measures to minimize impacts on fish life and habitat, such as using appropriate construction methods, timing work to avoid critical fish life stages, and restoring affected areas after project completion.2

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Washington Hydraulic Code, also known as the Hydraulic Code Rules, is a set of regulations administered by the Washington Department of Fish and Wildlife (WDFW) to protect fish life and habitat in Washington State waters. The code applies to any construction or work that uses, diverts, obstructs, or changes the natural flow or bed of state waters, including saltwater areas, estuaries, streams, and lakes3.

The following activities and entities are regulated under the Washington Hydraulic Code:

  1. In-water construction projects, such as:
    • Bridge and culvert installation or replacement
    • Streambank protection and stabilization
    • Channel realignment or dredging
    • Boat ramp and dock construction
  2. Diversion of water for irrigation, power generation, or other purposes
  3. Logging and forest practices near water bodies
  4. Mining activities that affect water bodies or riparian areas
  5. Aquaculture facilities and operations
  6. Any other activities that may affect fish habitat or passage

The Washington Hydraulic Code prohibits the following activities and substances:

  1. Use of explosives in or near water bodies without proper permits and mitigation measures4
  2. Discharge of pollutants, such as chemicals, sediment, or debris, into water bodies
  3. Blockage of fish passage through the construction of dams, culverts, or other structures without providing adequate fish passage facilities
  4. Alteration of natural stream flows or water levels in a manner that harms fish habitat or survival
  5. Removal of large woody debris or other natural habitat features that are essential for fish survival and reproduction

These prohibitions are designed to protect fish populations and their habitats from the adverse effects of human activities, ensuring the long-term sustainability of Washington's aquatic resources.

Structure and Key Provisions

The Washington Hydraulic Code is structured into several chapters and sections that cover various aspects of the regulation. The key provisions include:

Chapter 220-660 WAC - Hydraulic Code Rules

  • WAC 220-660-010: Purpose and overview of the Hydraulic Code Rules
  • WAC 220-660-020: Definitions of key terms used in the regulation
  • WAC 220-660-030: Requirement for obtaining a Hydraulic Project Approval (HPA) permit for regulated activities
  • WAC 220-660-040: Exemptions from the HPA permit requirement for certain activities
  • WAC 220-660-050: Procedures for applying for an HPA permit and the associated fees

Chapter 220-660-100 - Freshwater Habitats

  • Provisions specific to projects affecting freshwater habitats, such as streams, rivers, and lakes

Chapter 220-660-200 - Saltwater Habitats

  • Provisions specific to projects affecting saltwater habitats, such as estuaries and marine waters

Chapter 220-660-300 - Mineral Prospecting

  • Provisions governing mineral prospecting activities and their potential impacts on fish habitat

It is essential for project proponents to consult the full text of the Washington Hydraulic Code and engage with the WDFW for project-specific guidance and requirements. The WDFW provides a range of resources, including pre-application consultations, to help project proponents navigate the permitting process and ensure compliance with the Hydraulic Code Rules5.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Washington Hydraulic Code establishes a range of standards and limitations to protect fish life and habitat when conducting work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state.6 These standards may include:

  • Limitations on the timing and extent of work to minimize impacts on fish life and habitat.
  • Requirements for the design, construction, and maintenance of structures such as culverts, bridges, and dams to ensure fish passage and habitat protection.
  • Standards for the use of best management practices to control erosion, sediment, and other potential impacts on water quality and fish habitat.7

These standards are implemented through the Hydraulic Project Approval (HPA) process, which requires project proponents to obtain approval from the Washington Department of Fish and Wildlife (WDFW) before conducting work in or near state waters.8 WDFW reviews HPA applications to ensure that projects comply with the standards and limitations established by the Hydraulic Code and may impose additional conditions or mitigation requirements as necessary to protect fish life and habitat.

Monitoring, Reporting & Recordkeeping Obligations

The Washington Hydraulic Code imposes various monitoring, reporting, and recordkeeping requirements on regulated entities to ensure compliance with the standards and limitations established by the code. These obligations may include:

  • Pre- and post-project monitoring to assess the impacts of work on fish life and habitat.
  • Reporting requirements to provide information on the progress and completion of work, as well as any incidents or violations that may occur.
  • Recordkeeping obligations to maintain documentation of compliance with HPA conditions and other regulatory requirements.9

Developers and consultants should work closely with WDFW and other relevant agencies to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements that apply to their projects. Early engagement and coordination with these agencies can help ensure that all necessary data is collected, reports are submitted in a timely manner, and records are properly maintained throughout the life of the project.

Enforcement Actions & Penalties

The Washington Department of Fish and Wildlife is responsible for enforcing the provisions of the Hydraulic Code and may take various enforcement actions in response to violations.10 These actions may include:

  • Notices of violation, which inform project proponents of specific violations and require corrective action within a specified timeframe.
  • Stop work orders, which require project proponents to cease all work until violations are corrected and compliance is achieved.
  • Civil penalties, which may be assessed for each violation of the Hydraulic Code or the conditions of an HPA.
  • Criminal penalties, which may include fines and imprisonment for willful or knowing violations of the Hydraulic Code.11

To avoid enforcement actions and penalties, it is crucial for developers and consultants to prioritize proactive compliance and early engagement with WDFW and other relevant agencies. By working closely with these agencies to understand and fulfill the requirements of the Hydraulic Code, project proponents can minimize the risk of violations and ensure the protection of fish life and habitat. Readers should consult the full text of the regulation and seek guidance from the relevant agencies to understand the specific enforcement provisions and penalty structures that may apply to their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Washington Hydraulic Code has undergone several significant updates and amendments to better address the state's evolving environmental concerns and streamline the permitting process for hydraulic projects. One notable development was the passage of Engrossed Substitute Senate Bill (ESSB) 6091 in 2018, which aimed to improve the efficiency and effectiveness of the hydraulic project approval (HPA) program.

The bill introduced several key changes, such as:

  • Establishing a new fee schedule for HPA permits
  • Requiring the Washington Department of Fish and Wildlife (WDFW) to develop a system for tracking permit applications and monitoring project outcomes
  • Mandating the creation of an online permitting system to facilitate the application process12

These amendments have had a significant impact on the regulated community, particularly developers and environmental consultants, by streamlining the permitting process and providing greater transparency in the HPA program.

Looking ahead, stakeholders should be aware of potential future changes to the Washington Hydraulic Code. The WDFW is currently engaged in ongoing efforts to update and refine the regulation, with a focus on incorporating the latest scientific findings and best management practices13. Interested parties can stay informed about these developments by:

  • Regularly visiting the WDFW's HPA program website
  • Subscribing to the agency's email updates and newsletters
  • Attending public meetings and workshops related to the Washington Hydraulic Code
  • Engaging with industry associations and professional networks

By staying informed and actively participating in the regulatory process, stakeholders can better anticipate and prepare for future changes to the Washington Hydraulic Code, ensuring their projects remain compliant and environmentally sound.

Additional Resources

Washington Hydraulic Code - Full Text (RCW 77.55): The complete text of the Washington Hydraulic Code, including all amendments and updates.

WDFW Hydraulic Project Approval (HPA) Program: The official website of the Washington Department of Fish and Wildlife's HPA program, providing information on permits, application requirements, and regulatory guidance.

REFERENCES

  1. RCW 77.55.011(11), https://app.leg.wa.gov/RCW/default.aspx?cite=77.55.011

  2. WAC 220-660-010, https://apps.leg.wa.gov/WAC/default.aspx?cite=220-660-010

  3. Washington State Legislature. (n.d.). Chapter 77.55 RCW: Construction projects in state waters. https://app.leg.wa.gov/RCW/default.aspx?cite=77.55

  4. Washington Department of Fish and Wildlife. (n.d.). Hydraulic Project Approval (HPA). https://wdfw.wa.gov/licenses/environmental/hpa

  5. Washington Department of Fish and Wildlife. (n.d.). Hydraulic Project Approval (HPA). https://wdfw.wa.gov/licenses/environmental/hpa

  6. Washington State Legislature. (n.d.). RCW 77.55.011: Definitions. Retrieved from https://app.leg.wa.gov/RCW/default.aspx?cite=77.55.011

  7. Washington State Legislature. (n.d.). RCW 77.55.021: Permit. Retrieved from https://app.leg.wa.gov/RCW/default.aspx?cite=77.55.021

  8. Washington Department of Fish and Wildlife. (n.d.). Hydraulic Project Approval (HPA). Retrieved from https://wdfw.wa.gov/licenses/environmental/hpa

  9. Washington State Legislature. (n.d.). RCW 77.55.031: Driving across established ford. Retrieved from https://app.leg.wa.gov/RCW/default.aspx?cite=77.55.031

  10. Washington State Legislature. (n.d.). RCW 77.55.291: Civil penalty. Retrieved from https://app.leg.wa.gov/RCW/default.aspx?cite=77.55.291

  11. Washington State Legislature. (n.d.). RCW 77.15.300: Unlawful hydraulic project activities—Penalty. Retrieved from https://app.leg.wa.gov/RCW/default.aspx?cite=77.15.300

  12. "Hydraulic Project Approval (HPA) Program," Washington Department of Fish and Wildlife, accessed April 15, 2023. https://wdfw.wa.gov/licenses/environmental/hpa

  13. "Hydraulic Code Rulemaking," Washington Department of Fish and Wildlife, accessed April 15, 2023. https://wdfw.wa.gov/licenses/environmental/hpa/rulemaking

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the Washington Hydraulic Code. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.