A Guide to the Washington Hydraulic Project Approval Requirements, Process, and Compliance

The Washington Hydraulic Project Approval (HPA) is a critical state permit that safeguards the state's invaluable aquatic resources from the impacts of construction and development activities. This comprehensive guide dives deep into the intricacies of the HPA process, offering a wealth of information and insights to help navigate the complex regulatory landscape. From understanding the permit's applicability and requirements to leveraging cutting-edge technology for compliance, this resource covers all the essential aspects of securing and maintaining an HPA. Readers will learn how to effectively plan and manage their projects to minimize environmental impacts, ensure timely permit approvals, and avoid costly delays or penalties. With a strong emphasis on best practices, real-world examples, and the most recent regulatory updates, this guide serves as an indispensable tool for successfully obtaining and complying with the Washington Hydraulic Project Approval.

GENERAL INFORMATION

HPA Key Details

• Issuing Agency: Washington Department of Fish and Wildlife (WDFW)
• Year Established: 1943¹
• Legal References: Revised Code of Washington (RCW) 77.55, Washington Administrative Code (WAC) 220-660
• Date Last Amended: 2020
• Other Key Facts: The HPA is a key environmental permit for projects affecting state waters and aquatic habitats in Washington. It is one of the state's oldest environmental regulations.

Washington Hydraulic Project Approval Overview

The Washington Hydraulic Project Approval (HPA) operates within the state's comprehensive environmental regulatory framework, which includes the State Environmental Policy Act (SEPA), the Shoreline Management Act (SMA), and the Clean Water Act (CWA). The HPA specifically addresses the protection of fish life and their habitats in Washington's waters.

The Washington Department of Fish and Wildlife (WDFW) is the primary agency responsible for administering the HPA. Other agencies, such as the Department of Ecology and the Department of Natural Resources, also play a role in the permit process for projects that fall under their jurisdiction.

The HPA has its roots in the 1943 Hydraulic Code, which was established to protect fish life in state waters. Over time, the permit has evolved to encompass a broader range of aquatic habitats and species. Significant amendments to the HPA process were made in 1983, 2012, and most recently in 2020.²

Which Resources Are Regulated By HPA?

The Washington Hydraulic Project Approval plays a crucial role in safeguarding the state's valuable aquatic resources. The permit specifically regulates activities that affect the following:

• Protected Resources:

  • Fish life, including all fish species, shellfish, and their respective habitats
  • Shorelines, beaches, and tidelands
  • Wetlands and estuaries
  • Rivers, streams, and lakes
  • Marine waters within state jurisdiction

• Protection Measures: The HPA protects these resources from adverse impacts caused by construction projects, water diversions, dredging, and other human activities. The permit requires project proponents to incorporate measures that avoid, minimize, or mitigate potential harm to fish life and aquatic habitats.³

Transect can help: Pinpoint environmental risks early

Reduce unforeseen delays and costs by identifying environmental risks early-on using unmatched data.

Learn More

PROJECT APPLICABILITY & REQUIREMENTS

When Washington Hydraulic Project Approvals Are Required

Understanding when a Washington Hydraulic Project Approval (HPA) is required is crucial for developers, environmental consultants, and other stakeholders involved in projects that may impact the state's water resources. The Washington Department of Fish and Wildlife (WDFW) administers the HPA program to ensure that construction projects in or near state waters are conducted in a manner that protects fish life and their habitats⁴.

The following table outlines the types of activities, actions, or materials that trigger the need for an HPA, along with the associated environmental considerations or potential impacts:

Washington Hydraulic Project Approval Exemptions

While most projects that affect Washington's waters require an HPA, certain activities are exempt from this requirement. These exemptions are designed to minimize regulatory burdens for low-impact projects while still protecting fish life and habitats. However, it is essential to consult with the Washington Department of Fish and Wildlife to confirm the applicability of an exemption for a specific project⁵.

The following activities are exempt from the requirement to obtain an HPA in Washington:

1. Maintenance of existing structures: The regular maintenance of existing structures, such as bridges, docks, and levees, is exempt from the HPA requirement, provided that the maintenance does not expand or alter the original structure⁶.

2. Removal of derelict fishing gear: The removal of derelict fishing gear, such as nets, lines, and pots, from state waters is exempt from the HPA requirement, provided that the removal is conducted in a manner that minimizes impacts on fish life and habitats⁷.

3. Certain aquaculture activities: Specific aquaculture activities, such as the cultivation of oysters, clams, and mussels on private tidelands, are exempt from the HPA requirement, provided that the activities do not involve the construction of new structures or the alteration of existing ones⁸.

Consultation Guidance

To determine if a project qualifies for an HPA exemption, developers and consultants should:

1. Review the list of exempt activities in the Washington Administrative Code (WAC) and the Revised Code of Washington (RCW).
2. Consult with the Washington Department of Fish and Wildlife to confirm the applicability of an exemption for the specific project.
3. Document the exemption determination and maintain records of any correspondence with regulatory agencies.

Transect can help: Evaluate sites faster

Decide quickly and confidently whether to advance a potential project site.

Learn More

PERMIT APPLICATION & PROCESS

HPA Pre-Application Considerations & Planning

The Washington Hydraulic Project Approval (HPA) permitting process is a critical component of any project that involves work in or near state waters. Early consideration of HPA requirements during project planning can help avoid delays and ensure a smoother permitting process. The typical project lifecycle with HPA touchpoints includes:

1. Project Conception (Month 0)
2. Site Selection & Design (Months 1-3)
3. Environmental Assessments (Months 3-6)
4. Pre-Application Meeting with State Agency (Month 6)
5. HPA Application Preparation & Submission (Months 6-9)
6. State Agency Review & Decision (Months 9-12)
7. Permit Issuance or Denial (Month 12)
8. Project Implementation & Compliance Monitoring (Months 12+)

HPA Application Requirements & Submission

A complete HPA application is essential for timely review and approval by the Washington Department of Fish and Wildlife (WDFW). The application package must include:

1. JARPA Form: The Joint Aquatic Resources Permit Application (JARPA) is a standardized form used by multiple state and federal agencies in Washington⁹.
2. Project Description: A detailed narrative describing the proposed work, its purpose, and the methods to be used¹⁰.
3. Site Plans: Detailed site plans, cross-sections, and profiles showing the location and dimensions of the proposed work¹¹.
4. Environmental Documentation: Including a State Environmental Policy Act (SEPA) checklist, Biological Assessment, or other required environmental reports¹².
5. Mitigation Plan: If applicable, a plan describing proposed measures to avoid, minimize, or mitigate impacts to fish life and habitat¹³.

The HPA Review & Decision Process

Ideally, the HPA process should be initiated during the early stages of project planning, before detailed design work begins. The key steps in the HPA review and decision process include:

1. Pre-Application Consultation: Meet with WDFW staff to discuss the project and HPA requirements (30-60 days).
2. Application Submittal: Submit a complete HPA application package to WDFW.
3. Completeness Review: WDFW reviews the application for completeness within 28 days of receipt¹⁴.
4. Technical Review: WDFW evaluates the project's potential impacts on fish life and habitat (45-60 days).
5. Permit Decision: WDFW issues an HPA, with or without conditions, or denies the application (2-4 weeks).

HPA Public Participation & Stakeholder Engagement

Public participation is an essential part of the HPA process, providing stakeholders with opportunities to offer input and voice concerns. Public involvement may include:

1. Public Notice: WDFW publishes a notice of the HPA application, inviting public comments (typically 14-30 days)¹⁵.
2. Public Hearing: If warranted, WDFW may hold a public hearing to gather additional input (adds 45-60 days to the process)¹⁶.
3. Written Comments: Interested parties may submit written comments on the HPA application during the public notice period¹⁷.

WDFW must consider and respond to all substantive public comments before issuing a final permit decision.

Common Challenges and Pitfalls in the HPA Process

Project proponents may encounter several challenges during the HPA process, including:

1. Incomplete Applications: Ensure all required information is included to avoid delays in processing¹⁸.
2. Inadequate Mitigation: Proposed mitigation measures must fully offset impacts to fish life and habitat¹⁹.
3. Public Opposition: Address stakeholder concerns early and transparently to minimize opposition during the public comment period.

To avoid these pitfalls, project proponents should engage early with WDFW, thoroughly assess potential impacts, and develop robust mitigation plans. Proactive communication with stakeholders can also help build support and minimize delays.

Transect can help: Streamline development workflows

Accelerate decision making and streamline collaboration, without disrupting your current workflows.

Learn More

TECHNOLOGY SOLUTIONS FOR PERMIT COMPLIANCE

Leveraging Technology for Washington Hydraulic Project Approval Compliance

Technology plays a crucial role in streamlining and enhancing the Washington Hydraulic Project Approval compliance process. By utilizing data management, site assessment, and monitoring tools, developers and environmental consultants can improve efficiency, accuracy, and transparency in the state permit compliance process.

Common tools and platforms used in the state include:

• Geographic Information Systems (GIS) for site analysis and mapping
• Environmental data management software for organizing and tracking project information
• Remote sensing technologies for monitoring site conditions and compliance
• Cloud-based collaboration platforms for seamless communication and document sharing

These technologies offer several benefits, such as:

• Improved data accuracy and consistency
• Enhanced collaboration and communication among project stakeholders
• Increased efficiency in data collection, analysis, and reporting
• Better informed decision-making and risk mitigation
• Reduced costs and time associated with manual processes

By leveraging these technologies, developers and environmental consultants can navigate the Washington Hydraulic Project Approval process more effectively, ensuring compliance with state regulations while minimizing costs and delays.

Transect: An Innovative Solution for Site Selection & Environmental Due Diligence

Transect is an all-in-one environmental due diligence solution that combines software knowledge with hands-on field experience to revolutionize site selection and permitting for industries such as solar, wind, renewable energy, and more. This innovative platform offers a range of features and benefits that can help developers and permit applicants streamline their processes and ensure compliance with Washington Hydraulic Project Approval requirements.

Key features and benefits of Transect include:

1. Swift Site Pinpointing and Suitability Analysis: Quickly determine the best sites for project development within the state, saving time and resources.

2. Real-time Data Updates and Critical Issues Identification: Stay updated with the latest state environmental data and identify potential issues early, enabling proactive decision-making.

3. Versatility across Multiple Industries and Project Types: Suitable for a wide range of industries including solar, wind, and other renewable energies within the state, providing a comprehensive solution.

4. User-Friendly Interface and Intuitive Workflow: Ensure ease of use and efficiency in project planning for state-specific requirements, making the platform accessible to users with varying levels of expertise.

5. Efficiency Gains and Cost Savings: Reduce the costs and delays typically associated with traditional environmental due diligence in the state, improving overall project viability.

6. Proactive Risk Mitigation and Compliance Assurance: Proactively address potential compliance issues, minimizing risks related to state regulations and ensuring a smoother permitting process.

By leveraging Transect's unique capabilities, developers and permit applicants can streamline their site selection and permitting processes, reduce costs and delays, and ensure ongoing compliance with Washington Hydraulic Project Approval requirements. This innovative solution empowers users to make informed decisions, mitigate risks, and achieve project success in the state's complex environmental regulatory landscape.

POST-PERMIT COMPLIANCE & MANAGEMENT

HPA Conditions & Compliance Obligations

Obtaining a Washington Hydraulic Project Approval (HPA) often comes with a set of conditions and requirements that project proponents must adhere to throughout the life of the project. These conditions are designed to minimize the project's impact on protected aquatic resources and ensure compliance with state environmental regulations²⁰.

Typical HPA conditions may include:

1. Impact Minimization Measures: Specific actions or practices that must be implemented to reduce the project's adverse effects on fish habitat, water quality, and other protected resources²¹.

2. Mitigation Commitments: Requirements to offset unavoidable impacts through restoration, enhancement, or preservation of similar aquatic resources within the project vicinity or watershed²².

3. Reporting Obligations: Regular submission of monitoring data, progress reports, and other documentation to demonstrate ongoing compliance with HPA conditions²³.

Adhering to these conditions is crucial for maintaining compliance with state regulations and avoiding potential enforcement actions. Moreover, fulfilling these obligations demonstrates a commitment to sustainability and responsible development practices, which can enhance the project's public perception and support²⁴.

HPA Monitoring, Reporting & Recordkeeping Requirements

After obtaining a Washington Hydraulic Project Approval (HPA), project proponents must comply with ongoing monitoring, reporting, and recordkeeping requirements to ensure the project remains in compliance with permit conditions²⁵.

Monitoring Requirements:

• Regularly assess the project's impacts on protected aquatic resources
• Collect data on water quality, fish habitat, and other relevant parameters
• Frequency and methods of monitoring are specified in the HPA conditions²⁶

Reporting Requirements:

• Submit monitoring data and progress reports to the Washington Department of Fish and Wildlife (WDFW) at specified intervals (e.g., quarterly, annually)
• Reports should detail the project's status, compliance with HPA conditions, and any corrective actions taken²⁷
• Promptly notify WDFW of any incidents or deviations from approved plans

Recordkeeping Requirements:

• Maintain accurate records of all monitoring data, reports, and correspondence related to the HPA
• Retain these records for the duration specified in the permit conditions (typically 3-5 years after project completion)²⁸
• Make records available for inspection by WDFW upon request

Effective data management practices, such as using electronic databases and backup systems, can streamline the reporting process and ensure the accessibility of required records. Timely and accurate reporting not only demonstrates compliance but also allows for early identification and resolution of potential issues, preventing more serious violations and enforcement actions.

Enforcement and Penalties for Non-Compliance with HPA

Failure to comply with the conditions of a Washington Hydraulic Project Approval (HPA) can result in various enforcement actions and penalties under state law²⁹. The Washington Department of Fish and Wildlife (WDFW) is responsible for enforcing HPA requirements and may take the following actions in response to violations:

1. Administrative Penalties: WDFW may issue stop-work orders, require corrective actions, or impose administrative fines for minor violations³⁰.

2. Civil Penalties: More serious violations may result in civil penalties of up to $100 per violation per day, as well as orders to restore damaged aquatic resources³¹.

3. Criminal Charges: Knowingly violating HPA conditions or providing false information in the application process can lead to criminal misdemeanor charges, punishable by fines and/or imprisonment³².

4. Permit Revocation: In cases of severe or repeated non-compliance, WDFW may revoke the HPA, requiring the project to cease operations and undergo a new permitting process³³.

Common HPA violations include:

• Failing to implement required impact minimization measures
• Exceeding authorized impact thresholds
• Neglecting to submit required monitoring reports
• Providing false or misleading information in permit applications or reports³⁴

To mitigate enforcement risks, project proponents should take prompt action to correct any identified violations and maintain open communication with WDFW regarding compliance issues. Proactively addressing potential problems and demonstrating a commitment to meeting HPA requirements can help avoid more severe penalties and ensure the project remains in good standing with state regulators.

ADDITIONAL RESOURCES & UPDATES

Recent Changes & Updates to Washington Hydraulic Project Approval

The Washington Hydraulic Project Approval (HPA) has undergone several regulatory changes and amendments in recent years. Here are the key updates:

1. 2021 - Revised HPA Rules (Effective Date: July 1, 2021)

   • The Washington Department of Fish and Wildlife (WDFW) updated the HPA rules to clarify existing requirements, incorporate new statutory changes, and improve the overall HPA process.
   • The revised rules include changes to application requirements, permit processing timelines, and mitigation measures for hydraulic projects.³⁵

2. 2020 - Streamlined HPA Process for Fish Habitat Enhancement Projects (Effective Date: June 11, 2020)

   • The Washington State Legislature passed a bill (ESHB 1261) to streamline the HPA process for fish habitat enhancement projects.
   • This change allows WDFW to issue expedited HPAs for projects that improve fish habitat, such as culvert replacements and stream restoration activities.

3. 2019 - Increased HPA Permit Fees (Effective Date: July 1, 2019)

   • The Washington State Legislature approved an increase in HPA permit fees to support WDFW's HPA program and ensure timely permit processing.

These updates demonstrate the evolving nature of the Washington HPA and the importance of staying informed about regulatory changes to ensure compliance and efficient project planning.

Additional Resources & Information

Here are some valuable resources to assist stakeholders in navigating the Washington Hydraulic Project Approval process:

1. WDFW HPA Website - https://wdfw.wa.gov/licenses/environmental/hpa

   • The official WDFW website provides comprehensive information on the HPA process, including application forms, guidance documents, and frequently asked questions.

2. HPA Rule Making Page - https://wdfw.wa.gov/licenses/environmental/hpa/rulemaking

   • This page offers updates on the HPA rule-making process, including proposed changes, public comment periods, and final rule adoptions.

3. Washington Administrative Code (WAC) for HPAs - https://apps.leg.wa.gov/WAC/default.aspx?cite=220-660

   • The WAC contains the legal requirements and regulations governing the HPA process, including application procedures, permit conditions, and enforcement provisions.

By utilizing these resources, stakeholders can enhance their understanding of the Washington HPA and ensure their projects are designed and implemented in compliance with state regulations.