Regulatory Handbook

Producing, handling, contracting for, obtaining possession, controlling, or processing eggs for sale. EXCEPTION: The exception to the Egg Handler/Dealer License being required would be a producer only selling their eggs directly to the consumer at the production location.

The MIE Processor specialty license with the WSDA Food Safety Program is required when a firm wants to produce and sell wholesale edible products that contain cannabis (marijuana, hemp) ingredients.

Hauling waste tires and/or owning or operating a waste tire storage site.

Owning or operating a waste tire storage site.

Capital projects using funds appropriated in the State's biennial Capital Budget.

Excavating, altering, defacing, or removing archaeological objects, resources or artifacts from archaeological sites or Native Indian graves, cairns or glyptic records, or non-Indian historic archaeological resources.

The application for federal funding, including funding passed through a state or local agency, a federal permit, license of use of federal lands.

A source which is listed under the source classification list in Washington Administrative Code (WAC) 173-400-100 and operates in Washington State.

The application of mosquito larvicides or adulticides to state waters requires permit coverage, whether it is a direct or indirect discharge. For example, a direct discharge is the application of larvicides directly to surface water, while an indirect discharge is the settling of adulticides onto surface water even though the water was not the target area. Government entities and Mosquito Control Districts may hold one permit coverage that covers their entire jurisdiction. Commercial applicators must get separate permits for each waterbody they treat or group who hires them. To find out the specific activities that trigger this permit, see Special Condition S1 on page 3 of the current permit or page 35 of the fact sheet. You can download both documents from the Aquatic Mosquito Control General Permit website.

Activities that result in a discharge of aquatic-labeled herbicides, algaecides, biological water clarifiers, adjuvants, marker dyes, shading products, and phosphorus inactivation products into freshwater (lakes, streams, and rivers) or along shorelines, roadsides, dikes/levees, and ditch banks. To find out the specific activities that trigger this permit, see Special Condition S1 on page 2 of the current permit or page 17 of the fact sheet. You can download both documents from the Aquatic Plant and Algae Management Permit website under Current Permit Documents.

Any portable or stationary asphalt drum mix plant, proposing to operate in the following counties:

• Adams
• Asotin
• Chelan
• Columbia
• Douglas
• Ferry
• Franklin
• Garfield
• Grant
• Kittitas
• Klickitat
• Lincoln
• Okanogan
• Pend Oreille
• San Juan
• Stevens
• Walla Walla
• Whitman

• Portable asphalt plants
• Portable concrete plants
• Portable rock crushers
• Non-road engines used to power these operations

Any auto body shop proposing to operate in the following counties:

• Adams
• Asotin
• Chelan
• Columbia
• Douglas
• Ferry
• Franklin
• Garfield
• Grant
• Kittitas
• Klickitat
• Lincoln
• Okanogan
• Pend Oreille
• San Juan
• Stevens
• Walla Walla
• Whitman

• Portable asphalt plants
• Portable concrete plants
• Portable rock crushers
• Non-road engines used to power these operations

This permit covers land application of biosolids and other related processes and aspects of operations related to biosolids treatment, use, and disposal.

This Statewide general permit applies to boatyards that discharge stormwater runoff from areas with industrial activity directly to the ground, to a surface waterbody, or to a storm sewer system that drains to a surface waterbody. This general permit also regulates process wastewater from pressure washing in boatyards.

A boatyard is a commercial business engaged in the construction, repair and maintenance of small vessels, 85 percent of which are 65 feet or less in length, or revenues from which constitute more than 85 percent of gross receipts.

Services typically provided by boatyards include, but are not limited to:

For more information about what activities do and do not require a permit, visit the Boatyard General Permit More Information webpage: https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Boatyard-general-permit

If a person decides to investigate or clean up a site, they must comply with the site testing and cleanup actions requirements in the MTCA Cleanup Regulation (WAC 173-340). No permit is required under MTCA to investigate or cleanup a site. However, people may need to obtain other state or local permits for these activities.

Federal agency activities and developments and projects requiring a federal license or permit, and which are proposed within any of Washington's 15 coastal counties. The coastal counties are the 15 counties from Whatcom south to Wahkiakum that border the Puget Sound or Pacific Ocean. (see notes/comments below)

Operating a concentrated animal feeding operation that discharges or proposes to discharge to State or Federal Waters (surface or ground).

Any portable or stationary asphalt drum mix plant, proposing to operate in the following counties:

• Adams
• Asotin
• Chelan
• Columbia
• Douglas
• Ferry
• Franklin
• Garfield
• Grant
• Kittitas
• Klickitat
• Lincoln
• Okanogan
• Pend Oreille
• San Juan
• Stevens
• Walla Walla
• Whitman

• Portable asphalt plants
• Portable concrete plants
• Portable rock crushers
• Non-road engines used to power these operations

Construction site operators are required to be covered by a Construction Stormwater General Permit if they are engaged in clearing, grading, and excavating activities that disturb one or more acres and discharge stormwater to surface waters of the state. The permit is also required if clearing, grading or excavating activities disturb an area smaller than 1 acre if it is part of a "larger common plan of development or sale" that will disturb 1 acre or more and discharge stormwater to surface waters of the state or a conveyance system that drains to surface waters of the state. "Surface waters of the state" are broadly defined by state law and includes storm drains, ditches, wetlands, creeks, rivers, ponds, lakes and marine waters to obtain permit coverage. In addition to these permit triggers, Ecology reserves the right to require permit coverage at a construction site of any size, if Ecology believes that the site may be a significant contributor of pollutants to waters of the State of Washington or reasonably expects the site to cause a violation of water quality standards. For more information, please go to the construction stormwater homepage.

Any dairy manure anaerobic digester proposing to operate in the following counties:

• Adams
• Asotin
• Chelan
• Columbia
• Douglas
• Ferry
• Franklin
• Garfield
• Grant
• Kittitas
• Klickitat
• Lincoln
• Okanogan
• Pend Oreille
• San Juan
• Stevens
• Walla Walla
• Whitman

• Portable asphalt plants
• Portable concrete plants
• Portable rock crushers
• Non-road engines used to power these operations

• Flood control. 
• Domestic or irrigation water. 
• Domestic, industrial, or agricultural wastes (including animal waste). 
• Mine tailings.

Any modification or change to your existing Dangerous Waste Permit. Examples are:

• A change in facility ownership.
• Facility expansion or alteration.
• A change in procedures, process or contact information.
• Change in information.
• New regulation.
• Compliance schedule.

The storing, treating and/or disposing of dangerous wastes in certain types of facilities. The permit does not apply to businesses that generate dangerous wastes and transport them off-site before certain "accumulation" time limits are exceeded. The permit also does not apply to permit-by-rule and treatment-by-generator activities when the generator complies with required standards.

The storing, treating and/or disposing of dangerous wastes in certain types of facilities. These permits apply to a limited number of facilities that store, treat, and/or dispose of dangerous wastes. The permit does not apply to businesses that generate dangerous wastes and transport them off-site before certain "accumulation" time limits are exceeded. The permit also does not apply to permit-by-rule and treatment-by-generator activities when the generator complies with required standards. Any facility with a permit who wants to continue to operate after the permit expires must submit a new application 180 days before the expiration date of the effective permit. The application must be signed and certified by the owner and operator.

Any dry cleaner, using less than 2,100 gallons per year of Perchloroethylene proposing to operate in the following counties:

• Adams
• Asotin
• Chelan
• Columbia
• Douglas
• Ferry
• Franklin
• Garfield
• Grant
• Kittitas
• Klickitat
• Lincoln
• Okanogan
• Pend Oreille
• San Juan
• Stevens
• Walla Walla
• Whitman

• Portable asphalt plants
• Portable concrete plants
• Portable rock crushers
• Non-road engines used to power these operations

Every new or existing fresh fruit packing facility which receives, packs, stores and/or ships either hard or soft fruit and discharges wastewater, including non-contact cooling water, needs coverage under either this general permit or an individual permit. Facilities that only discharge domestic wastewater or process water to a delegated pretreatment Publicly Owned Treatment Works (POTW) do not need coverage under this general permit. Any fruit packing facility which is located on the Colville Reservation may apply for coverage for only non-surface water discharges under this general permit. Discharges to surface water on the Colville Reservation are under EPA jurisdiction. The general permit does not excuse the permittee from complying with any applicable Federal, State, or local statutes, ordinances, regulations or permits.

Using a Rich-Burn, Spark Ignition, Gaseous Fossil Fuel Powered Emergency Generator in the counties or facilities that are regulated by Ecology. Your engine must meet the General Order conditions determined by Ecology.

Ecology issues general permits for point source discharges of pollutants into surface waters that belong to a category of discharger for which Ecology has developed a general NPDES permit.

Any discharge of wastewater and/or stormwater into surface waters through a conveyance system for which Ecology has not developed a general permit requires an individual NPDES permit.

Industrial Facilities: Public or private operation of an industrial facility with a stormwater discharge to surface waters or a storm sewer.

Irrigation systems that use aquatic herbicides in irrigation canals where water flows to a point of compliance are required to have coverage under this general permit. To find out the specific activities that trigger this permit, go to the Irrigation System Aquatic Weed Control General Permit website and click on "Fact Sheet."

Labs must receive accreditation through Ecology before they submit environmental, wastewater, drinking water, air, or biosolids analytical data to Ecology, the Department of Health, or other entities requiring the use of an accredited lab. Environmental data includes data submitted for the purposes of compliance with National Pollutant Discharge Elimination System (NPDES) or state waste discharge permits.

Ecology requires a MAR permit when the applicant needs a new source of water to construct a MAR facility. If the applicant has existing water rights to source water or reclaimed water, they cannot use the MAR permitting process.

Generally this permit is required of all municipalities within U.S. Census Bureau-defined urban areas and for designated cities with a population over 10,000 located outside of urban areas. Urbanized areas are population centers with greater than 50,000 people and densities of at least 1,000 people per square mile, with surrounding areas having densities of at least 500 people per square mile. The urbanized areas in this permit are based on the 2000 population census. The Washington State Department of Transportation is also required to have coverage within permitted municipalities. Other public entities (such as ports, prison complexes, parks and drainage districts, and universities) that own or operate a storm sewer system and are located within a permitted municipality may require coverage. Ecology uses the term Secondary Permittees to refer to these entities. The MS4s of Secondary Permittees are publicly owned or operated and serve more than 1,000 people on an average day. For ports, schools, colleges and universities the population figures include commuters as well as residents.

Drilling activities that include:

• Deepening.
• Alteration.
• Reconstruction.
• Decommissioning of wells.

Large On-site Sewage Systems with any of the following characteristics require coverage under this permit:

• A design flow exceeding 100,000 gallons per day;
• Systems whose discharge includes industrial/commercial process wastewater or stormwater;
• Systems that discharge to the land surface (such as wetlands or infiltration lagoons without a drainfield); or
• Systems that discharge to surface water (including those that discharge to ground, where groundwater is in hydraulic continuity with surface water).

A facility with a new major source of air pollution with the potential to emit a pollutant regulated under the Federal Clean Air Act at 100 tons/year for 28 specific emission source types, or 250 tons/year or more for all other emission source types. A modification of an existing major source of air pollution that increases emissions of a pollutant regulated under the Federal Clean Air Act at or above PSD Significant Emission Rates (SER). If you are not sure if your activity requires this permit you can request a PSD program applicability review. An applicability determination has a $500 fee.

Spilling or releasing oil or a hazardous substance.

In general, all activities that release hazardous substances to the environment must comply with the MTCA reporting requirement. However, the MTCA Cleanup Regulation (Chapter 173-340 WAC) includes several exemptions from the notification requirement (See WAC 173-340-300(2). If a person decides to investigate or clean up a site, they must comply with the site testing and cleanup actions requirements in the MTCA Cleanup Regulation. No permit is required under MTCA to investigate or cleanup a site. However, people may need to obtain other state or local permits for these activities.

You need a RCRA Site ID Number if you generate, transport, transfer, recycle, treat, store, or dispose of regulated amounts of dangerous waste.

Sand and gravel operations, rock quarries, and similar mining operations, as well as concrete batch plants and hot mix asphalt operations that have a discharge of process wastewater, stormwater, or mine dewatering water.

Portable rock crushing operations, concrete batch plants, and asphalt batch plants that have a discharge of process wastewater, stormwater, or mine dewatering water. The Department of Ecology (Ecology) requires a permit whenever a portable facility:

• Operates at a location that does not have permit coverage for the activity the portable will be performing.
• Operates at a location that does not have active operating status.
• Produces crushed rock or washed gravel for forest management if a discernable, confined, and discrete conveyance discharges pollutants to surface waters of the state.

Any facility proposing to use a small water heater and steam-generating boiler in the following counties:

• Adams
• Asotin
• Chelan
• Columbia
• Douglas
• Ferry
• Franklin
• Garfield
• Grant
• Kittitas
• Klickitat
• Lincoln
• Okanogan
• Pend Oreille
• San Juan
• Stevens
• Walla Walla
• Whitman

• Portable asphalt plants
• Portable concrete plants
• Portable rock crushers
• Non-road engines used to power these operations

ADs that accept up to 30% (by volume) of off-farm pre-consumer food waste as digester feedstock (to be mixed with dairy manure) must apply for this permit exemption unless they are applying for the solid waste handling permit. ADs in compliance with the exempt conditions are limited in how they may use digestate solids and liquids. Use is allowed on the dairy as described in their updated nutrient management plan. The updated nutrient management plan must account for the added nutrients from the off-farm pre-consumer food waste. Solids may be transferred to a composting operation or other uses if compost testing standards are met. The exemption conditions are detailed in the law RCW 70.95.330 and WAC 173-350-250.

Any portable or stationary rock crusher plant, proposing to operate in the following counties:

• Adams
• Asotin
• Chelan
• Columbia
• Douglas
• Ferry
• Franklin
• Garfield
• Grant
• Kittitas
• Klickitat
• Lincoln
• Okanogan
• Pend Oreille
• San Juan
• Stevens
• Walla Walla
• Whitman

• Portable asphalt plants
• Portable concrete plants
• Portable rock crushers
• Non-road engines used to power these operations

Ecology requires a reservoir permit to fill impoundments that will store water to a depth of 10 or more feet, or impoundments that will retain 10 or more acre-feet of water. This definition applies to both off-channel and in-stream impoundments.

A reservoir permit is required to fill impoundments that will store water to a depth of 10 or more feet, or impoundments that will retain 10 or more acre-feet of water. This definition applies to both off-channel and in-stream impoundments. Unless otherwise specified, a reservoir permit will allow the permittee to fill the reservoir once a year. The permit specifically states the period during which the reservoir can be filled.

Applicants who have installed or are planning to install an Underground Injection Control (UIC) well are required to register and the well receive rule authorization before the well is used. New wells need to be registered before use. Existing UIC wells that have not been registered with Ecology need to register as well (if on Tribal land register with EPA Region 10).

Owning and/or operating an underground storage tank (UST).

Installing or removing an underground storage tank. Certain tanks are exempt from the 30-Day Notice form; to verify whether your tank is exempt please check the 30-Day Notice form.

Any deconstruction activities involving dismantling any portion of a vessel hull, topside, or superstructure while the vessel is over water, on a drydock, or on a barge.

The VCP is voluntary and is not required to conduct independent cleanup actions for a contaminated site. People can apply to either the Standard VCP process or the Expedited VCP process. Both processes offer a free 1-hour technical consultation for people interested in applying to the VCP. These consultations may include: • Technical assistance. VCP may provide technical assistance to people before and during a remedial investigation or cleanup of a contaminated site, including assisting with identifying and applying regulatory requirements. •Informal opinions. VCP may provide informal, written opinions on whether a planned or completed site investigation or cleanup complies with applicable regulatory requirements. VCP may issue a no further action opinion for a contaminated site, after a successful cleanup.

Wastewater operator certification is required for (1) the operator in responsible charge of a domestic wastewater treatment plant and (2) the lead operator of each shift at a domestic wastewater treatment plant.

A change to the place of use, adding or changing a point of diversion or withdrawal, or a change to the purpose of use of an existing water right.

State law requires a water right permit before using any surface water (lakes, ponds, rivers, streams, or springs) for beneficial use as stated above. This applies to beneficial use that started after the state water code was enacted in 1917. State law also requires a water right permit before withdrawing groundwater for beneficial use. This applies to beneficial use that started in 1945 when the state groundwater code was enacted - unless the use is specifically exempt from state permitting requirements. Exemptions include:

• Stock watering.
• Single or group domestic purposes using less than 5,000 gallons per day.
• Industrial purposes using less than 5,000 gallons per day.
• Watering a lawn or non-commercial garden that is not larger than one-half acre.

All WTPs that discharge backwash effluent to surface water and that meet all of the following conditions must obtain coverage:

• Produce potable water or "industrial" water (primary treatment/settled water) where the treatment and distribution of water is the primary function of the facility.


• Have an actual production rate equal to or greater than 35,000 gallons per day of treated product water (finished water) as determined on an average monthly basis. "Actual production rate" is the amount of finished water that a treatment facility actually produces on any given day. To calculate the value of the actual production rate on an average monthly basis, add the value of each daily production rate during a calendar month, and divide the sum by the total number of days in the month. The Washington State Department of Ecology reserves the right to determine that permit coverage is needed for facilities with actual production rates less than 35,000 gallons per day in order to protect water quality.


• The wastewater discharge is from water treatment filtration processes (filter backwash, sedimentation/pre-sedimentation basin washdown, sedimentation/clarification, or filter-to-waste).


• The water treatment works are not part of a larger, permitted facility, such as a pulp and paper mill.

A drilling license is required for all drilling activities for all types of wells including:

• Water wells.
• Monitoring wells.
• Geotech soil borings.
• Environmental investigations wells.
• Geothermal heat pump borings.
• Dewatering systems.

Establishment and operation of a wetland mitigation bank. A wetland mitigation bank is a site where wetlands are restored, created, enhanced, or preserved.

• Home manufacturing of alcoholic beverages.
• A facility that exclusively produces mead or hard cider.
• A facility that produces less than 7,500 cases of wine or juice per calendar year, for a typical year.
• A facility that discharges less than 53,505 gallons of winery process wastewater per calendar year, for a typical year.

Operating a public water system that has 15 or more services or serves more than 25 people a day for more than 60 days a year.

An export certificate is a document issued to commercially licensed shellfish operations that ship product (clams, mussels, oysters, geoducks) to Asian countries.

This certificate is required for each parcel being harvested by a licensed shellfish operation. It must be ready to display whenever you are in possession of commercial quantities of molluscan shellfish (clams, oysters, mussels, scallops) that you intend to sell for human consumption. DOH continually evaluates commercial shellfish growing areas and certified harvest sites to protect the public since shellfish can carry chemicals, bacteria, viruses, and marine biotoxins.

An operating permit is needed for installation and operation of LOSS to treat residential-strength sewage through septic tanks or other treatment processes and dispersal through drainfields when there is a peak daily flow, at any common point, between 3,500 and 100,000 gallons per day.

Any activity that emits, or has the potential to emit, radionuclides into the air.

Any activity that emits, or has the potential to emit, radionuclides into the air.

New Construction Modification Remodel Alteration

Commercially harvesting and/or processing and shipping molluscan shellfish (clams, oysters, mussels, scallops).

A new facility that meets the definition for TWH 246-358, change of ownership, annual renewal.

New facility that meets the definition of a Transient Accommodations, Change of ownership of a TA, an annual renewal, and referral of an unlicensed facility.

Construction of new, remodel, alteration, and modification projects for water recreation facilities.

Initial application for newly proposed facilities. Renewal application when annual or seasonal expire.

Providing water through pipes or other conveyances to one or more commercial connections or two or more residential service connections where people have access to use the water.

Operating a waterworks, or a portion of waterworks, including any treatment facilities or distribution systems.

Any amusement ride as defined in RCW 67.42.010 and WAC 296-403A-100.

Installation or reinstallation of any new or existing boiler and/or unfired pressure vessel in the state of Washington.

Installation of a temporary elevator used for construction or demolition on job sites.

For Class B eligible work- see WAC 296-46B-908(10). This is a less expensive alternative permit, but may only be used by licensed electrical contractors for work that is specifically allowed as Class B eligible.

Any electrical installation or alteration described in RCW 19.28.101 and WAC 296-46B-901.

All new installations, renewals and alterations

Property owners or elevator companies may apply for a variance for items that are allowable deviation(s) from specific requirements of the Washington Administrative Code (WAC) 296-96 and other codes adopted by the elevator department where the proposed alternative method(s) maintain equivalent safety.

Alterations to Factory Assembled Structures for: Commercial Coaches, Factory Built Temporary Worker Housing Structures, Manufactured / Mobile Homes, Recreational Park Trailers, Recreational Vehicles, and Vendor / Medical Units

Logging activities which operate any cable logging machines.

Operating rental boilers in the state of Washington

Cremating human remains in Washington.

Scattering, burying or otherwise disposing of reduced human remains as a business; or as an individual who is not a direct family member (see RCW 68.50.160)

Any individual or business that transports passengers for a fee must have a For Hire permit, including:

• Taxicabs, which are motor vehicles that transport people for a fee and don’t have a fixed route or fixed starting and ending points.
• Cabulances that transport riders who are confined to a wheelchair or otherwise physically restricted so they can’t be safely transported by public mass transportation, taxicabs, or automobiles.
• Any other vehicles used for transporting passengers for payment.

Registered tow truck operators who engage in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles are required to have a valid permit for each tow truck

Activities that the Department of Natural Resources (DNR) commonly authorizes under this license are for recreational, scientific, or environmental purposes. The activity cannot interfere with the use and enjoyment of the state-owned aquatic lands by others.

Most activities taking place on state-owned aquatic lands may require a lease. Contact your District Land Manager to determine if your proposal requires other forms of authorization.

A permit is required when you plan to burn piled forest material.

Mineral exploration programs that disturb greater than 1 acre in 8 acres are required to obtain an exploration permit under the authority of RCW 78.44.

Forest Practices that may require a permit include: harvesting timber, salvaging standing and down wood, constructing forest roads, opening or expanding a rock pit on forest land for forestry use, operating in or over any typed water and applying forest chemicals with an aircraft.

Drilling, redrilling or deepening of a geothermal well requires a permit, "Any person proposing to drill a well or redrill an abandoned well for geothermal resources shall file with the department a written application for a permit to commence such drilling or redrilling" RCW 78.60.070(1).

All oil and gas drilling, re-drilling, deepening, or operations in the search and/or production of oil and gas in the state require an Oil and Gas Drilling Permit.

Surface mining. A reclamation permit is required by DNR for each surface mine that:

1. Results in more than 3 acres of disturbed ground, or
2. Has a high-wall that is both higher than 30 feet and steeper than 45 degrees, or more than one acre of disturbance in an eight acre area that results from mineral prospecting or exploration activities.

A WTMF is not required. It is a tool that can be used to make water type changes based on field verification. Prior to submittal of a forest practices application/notification, forest landowners are required to determine, in the field, the type of any regulated waters as identified in the forest practices rules (WAC 222) within proposed harvest boundaries, including the area within 200 feet of the proposal. In addition, field verified stream typing is required prior to placement or replacement of stream crossing structures for road construction or road maintenance.

Any business using a weighing or measuring device for commercial purposes is required to register the device(s) annually.

See purpose of permit.

NEPA applies to all major federal actions: federal projects or any project requiring a federal permit, receiving federal funding, or located on federal land. The list of NEPA categorical exclusions is determined in rules specific to each federal agency.

Construction and operation of non-federal hydropower projects may need a license or exemption. See FERC regulations at 18 CFR Parts 4 and 5. Unless a project has a valid pre-1920 federal permit, non-federal hydroelectric projects are subject to the Commission's jurisdiction if the project:

• Is located on navigable waters of the United States;
• Occupies public lands or reservations of the United States;
• Utilizes surplus water or waterpower from a federal dam; or
• Is located on a body of water over which Congress has Commerce Clause jurisdiction, project construction occurred on or after August 26, 1935, and the project affects the interests of interstate or foreign commerce.

Construction of permanent buildings or additions to existing facilities.

Any development (see definition below) within the 100-year floodplain. Development is defined as: any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

Local governments set maximum intruding sound level limits or adopt statewide statute.

A permit or approval is needed before the installation, repair, modification, connection to, or expansion of an on-site sewage system with a peak daily flow of less than 3,500 gallons of residential-strength sewage.

These are determined by the local government as specified in its SMP.

A proposal’s eligibility for an exemption from the SDP process is determined by the local government. Activities exempt from the requirement for a substantial development permit are in:

• RCW 90.58.030(3)
• RCW 90.58.147
• RCW 90.58.515
• WAC 173-27-040

An SDP is required for all non-exempt developments and uses exceeding $8,504 fair market value. RCW 90.58.030(3)(a) defines "development" as “a use consisting of the construction or exterior alteration of:

• Structures;
• Dredging; drilling; dumping; filling;
• Removal of any sand, gravel, or minerals;
• Bulkheading;
• Driving of piling;
• Placing of obstructions; or
• Any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level.”

These are determined by the local government as specified in its SMP.

Local governments, through ordinances, have primary authority to regulate the dividing of land for residential or other purposes.

Operation of a solid waste facility (landfill, transfer station, recycling facility, some composting operations, etc.)

See the Determining if SEPA is required and Categorical Exemptions web pages. See the Links section below.

Installation of a fixed structure or floating object within the waters of the United States.

Construction or modification of bridges over navigable waters. "Navigable" waters is a legal determination that is not contingent on the waterway actually being navigated. Contact the Coast Guard Bridge Program to determine if a waterway is "navigable" and if the project will require a bridge permit. No other agency has the authority or expertise to make this determination.

If you plan to conduct ground-disturbing activities in waters of the United States, including wetlands, you may need authorization from the U.S. Army Corps of Engineers (Corps). A variety of activities typically require Department of the Army authorization when they occur in waters of the United States. They include, but are not limited to, placement of fill material, grading, mechanized land clearing, and redeposit of excavated/dredged material. The Corps authorizes activities by issuing individual and general permits. Under Section 404, individual permits include Standard Individual Permits, and general permits include Nationwide Permits and Regional General Permits. The Corps determines which type of permit is needed. A Department of the Army permit can include authorization under Section 10 and/or Section 404. If you have any questions about the Corps permit process, contact the Corps project manager assigned to the county where the work is proposed. The Corps strongly recommends a pre-application meeting for major projects. During a pre-application meeting you can discuss your project with the Corps and other regulatory and natural resource agencies. If you would like to set up a pre-application meeting, contact the Corps.

If you plan to conduct work in, over, or under navigable waters of the United States you must apply for authorization from the U.S. Army Corps of Engineers (Corps). The Corps authorizes activities by issuing individual and general permits. Individual permits include Standard Individual Permits and Letters of Permission, and general permits include Nationwide Permits and Regional General Permits. The Corps determines which type of permit is needed. A Department of the Army permit can include authorization under Section 10 and/or Section 404. If you have questions about the Corps permit process, contact the Corps project manager assigned to the county where the work is proposed.

Any person, firm, or corporation --other than an electric utility or community solar cooperative -- that owns a solar energy system with a direct current nameplate generating capacity equal to or below one thousand kilowatts (MW) provided to a customer through a lease, power purchase agreement, loan or other financial agreement with the community solar company in order to obtain a beneficial interest in, other than direct ownership of, the solar energy system. Reference RCW 80.28.370

Commercial and industrial businesses that emit large amounts of air pollution are required to get an air operating permit. This includes:

• More than 100 tons per year of any pollutant.
• More than 10 tons per year of any hazardous air pollutant
• More than 25 tons per year of a combination of hazardous air pollutants.

• The Title IV Acid Rain Program
• New Source Performance Standard
• A National Emission Standard for Hazardous Air Pollutants

An NOC permit is required to install a new source of air pollution or modify an existing source of air pollution (either an increase or decrease in emissions). A NOC Application is also required to install, replace, or a change to the air pollution control equipment installed on an existing source of air pollution, unless the source or activity is exempt. To determine if your project is exempt, contact the permitting authority for your area. Be prepared to provide a detailed description of your project.

You must submit an asbestos demolition/renovation notification form any time you want to:

1. Demolish any structure, including for the purpose of fire training.
2. Remove or abate Regulated Asbestos Containing Material (RACM) in an existing structure.

Only commercial agricultural operations can apply for this permit to burn baled agricultural residue. The agricultural burning regulation (Chapter 173-430 WAC) defines a commercial agricultural operation as a farmer who is practicing agriculture for commercial purposes and has filed an IRS schedule F form or its corporate equivalent All commercial agricultural operations must get a permit before burning natural vegetation. Baled residue permits are used to burn bales that are:

• Broken
• Mildewed
• Diseased
• Pest-ridden

• Fence rows
• Ditch banks
• Irrigation canals
• Annual orchard prunings
• Windblown tumbleweeds

• Call Ecology’s Daily Burn Decision Hotline at 1-800-406-5322 to make sure you are allowed to burn that day in your county or zone. You can also sign up for email notifications at https://ecology.wa.gov/Air-Climate/Air-quality/Smoke-fire/Agricultural-burning.
• Notify your local fire department.
• Follow all general permit conditions as outlined on the permit.

A permit is required to burn:

• Post-harvest field and crop residue
• Cereal grain stubble
• Flaming for weed control in organic farming

• Fence rows
• Ditch banks
• Irrigation canals
• Annual orchard prunings
• Windblown tumbleweeds

• Call Ecology’s Daily Burn Decision Hotline at 1-800-406-5322 to make sure you are allowed to burn that day in your county or zone. You can also sign up for email notifications at https://ecology.wa.gov/Air-Climate/Air-quality/Smoke-fire/Agricultural-burning.
• Notify your local fire protection authority.
• Follow all general permit conditions as outlined on the permit.

If you are a commercial farmer and you are piling up agricultural vegetation to burn on land that is going to stay in agriculture, you must get a Pile Burn permit from Ecology. You may also use this application if you have a documented pest emergency. If you are a commercial farmer, you do not need a permit from Ecology for the following types of agricultural burning:

• Annual orchard prunings.
• Organic debris along fence lines.
• Irrigation and drainage ditches.
• Organic debris blown by the wind.

• Call Ecology’s Daily Burn Decision Hotline at 1-800-406-5322 to make sure you are allowed to burn that day in your county or zone. You can also sign up for email notifications at https://ecology.wa.gov/Air-Climate/Air-quality/Smoke-fire/Agricultural-burning
• Notify your local fire protection authority.
• Follow all general permit conditions as outlined on the permit.

A permit is required if you are burning in areas that are 1/2 acre or less in size, such as:

• Small weed patches.
• Spots of heavy residue.
• Equipment plugs and dumps.

• Fence rows
• Ditch banks
• Irrigation canals
• Annual orchard prunings
• Windblown tumbleweeds

• Call Ecology’s Daily Burn Decision Hotline at 1-800-406-5322 to make sure you are allowed to burn that day in your county or zone.
• Spot burn permits do not have to follow the daily burn decision for spots less than one (1) acre.
• Notify your local fire protection authority.
• Follow all permit conditions.

This fire training burn permit is only for structural fire training. For other types of fire training, contact Ecology. A permit is required for all structural training fires located within urban growth areas (http://www.ofm.wa.gov/pop/smallarea/maps/uninc_uga/) or in cities with 10,000+ people (http://www.ofm.wa.gov/pop/popden/default.asp). Whenever a building is going to be demolished, renovated, or burned for fire training purposes, the building must be inspected by a certified Asbestos Hazard Emergency Response Act (AHERA) building inspector. Samples from the testing must be sent to a lab certified to test for asbestos. The building owner or fire department must send an Asbestos Demolition/Renovation Notification Form to the agency that issues the permit; Ecology or the local clean air agency. If abatement is required before the burn, forms must be received at least 10 days before starting the removal activities. All removal activities must be performed by a certified AHERA removal contractor. When you receive your burn permit, you must do the following BEFORE you burn:

• Call Ecology’s Daily Burn Decision Hotline at 1-800-406-5322 to make sure you are allowed to burn that day in your county or zone.
• Notify adjoining property owners and other potentially affected people before burning.
• Follow all general permit conditions as outlined on the permit.

This permit is required to burn storm and flood debris resulting from a declared emergency and upon agreement with local fire jurisdictions. Storm and flood debris is natural vegetation such as leaves and branches that is left behind by storms and/or floods. Material is considered storm or flood debris if:

• The storm or flood occurred in the last two years, and
• The city, county, or state government declared an emergency as a result of the storm or flood.

• Call Ecology’s Daily Burn Decision Hotline at 1-800-406-5322 to make sure you are allowed to burn that day in your county or zone.
• Notify your local fire protection authority.
• Follow all general permit conditions as outlined on the permit.

To be eligible for a land-clearing permit, the use of the land must be changing. Common changes in use are:

• Non-agricultural to agricultural;
• Vacant to residential development; and
• Vacant to commercial development.

• Inside of urban growth areas (UGAs),
• Within city limits of cities with a population of 10,000 or more,
• Within an area having a general population density of 1,000 or more persons per square mile.

This permit is for situations where burning does not fit into the categories of agricultural, residential, or land clearing. A special burn permit is required to burn vegetation in areas larger than 4 x 4 x 3 feet, or that does not qualify as either:

• Agricultural burning — burning of orchard trees, open fields, harvest debris.
• Land clearing — burning of trees, stumps, shrubs, other natural vegetation from land clearing.
• Any other special circumstances.

• Call Ecology’s Daily Burn Decision Hotline at 1-800-406-5322 to make sure you are allowed to burn that day in your county or zone.
• Notify your local fire protection authority.
• Follow all permit conditions.

Working for a public agency as a solid waste incinerator or landfill facility inspector.

Working as the operator in charge of a solid waste incinerator or landfill facility.

Reclaimed Water Permits regulate the production, distribution, and use of reclaimed water generated according to provisions of the State Reclaimed Water Use Act. Proposed generators of reclaimed water must obtain a Permit prior to the distribution and use of the water.

Water contact facilities such as water slides.

You must request a Section 401 Certification to conduct any activity that might result in any discharge into waters or non-isolated wetlands or excavation in water or non-isolated wetlands (including dredge or fill material) into waters of the United States. Categories of 401 Water Quality certifications FERC hydropower re-licenses: Ecology works with the Federal Energy Regulatory Commission (FERC) to re-license existing dams or license new construction for hydropower dams. When an applicant requests a certification for a hydropower license, Ecology works with the utility or project proponent and review the applicable studies, analyses, and plans. If Ecology determines that water quality standards are attainable, a 401 certification is issued with appropriate conditions to make sure that environmental standards will be met. These conditions become part of the new FERC license. US Army Corps of Engineers permits: All projects affecting navigable and protected waters in Washington state, as defined by the federal government, are subject to Section 401 water quality certification. These waters include coastal and marine environments, rivers, streams, lakes, wetlands, etc. This provides a strong opportunity to protect and enhance water quality, aquatic species and habitats, water resources, coastal resources, floodplains, and other environmental elements. This process excludes hydropower re-licenses and NPDES-related projects. EPA and Tribal NPDES permits: EPA and Tribal governments use National Pollutant Discharge Elimination System (NPDES) permits ensure water quality and to limit the quantity of wastewater and stormwater discharge into surface waters like rivers, lakes, and streams. We write NPDES permits for all non-federal discharges in the state, except those on federal and tribal lands.

Industrial facilities that discharge wastewater to privately or publicly-owned wastewater treatment plants must obtain a state waste discharge permit unless it has obtained a pretreatment discharge permit issued by a delegated municipality.

Working in or near wetlands, areas that are transitional between open water and uplands or that may be periodically inundated or saturated.

Culturing or transferring food fish, shellfish, and certain aquatic animals.

The applicant must meet the specified requirements stated on the permit application form.

An approved Fish Transport Permit from the Washington Department of Fish and Wildlife (WDFW) is required to transport fish into and through Washington State.

Any restoration activity for the benefit of fish or their habitats, that will use, divert, obstruct or change the natural flow or bed of any of the salt or fresh waters of the state.

Work that uses, diverts, obstructs, or changes the natural flow or bed of any of the salt or fresh waters of state. Includes bed reconfiguration, all construction or other work waterward, under and over the ordinary high water line, including dry channels, and may include projects landward of the ordinary high water line (e.g., activities outside the ordinary high water line that will directly impact fish life and habitat, falling trees into streams or lakes, bridge maintenance, dike construction, etc.)

Any trapping, netting, catch and release and handling with the exception of transitory holding of reptiles, amphibians, or invertebrates for identification, and marking or tagging; collecting lethally or non-lethally; and salvage and possession of carcasses or parts with the exception of shed antlers.

Individuals and businesses who are authorized to receive, contract for, or solicit or negotiate the consignment or purchases of agricultural products on behalf of a licensed commission merchant, dealer, broker, or cash buyer.

This permit allows recognized research institutions, organizations, pesticide registrants, or persons licensed to conduct certain types of small-plot demonstrations and research activities on land they own or control to experiment with pesticides without having to obtain an individual permit for each experiment.

Applying pesticides to the lands/property of another requires the Commercial Applicator License. This is a joint company - person license. The person who makes the pesticide application decisions for the company must obtain the license.

No person may distribute in this state a commercial fertilizer until it has been registered with the Washington State Department of Agriculture (WSDA) by the producer, importer or packager of that product. An additional registration requirement for waste-derived and micronutrient fertilizers was added to the fertilizer law in 1998. Waste-derived and micronutrient fertilizers must go through a Department of Ecology review before being registered by WSDA.

Applying pesticides to the land or property of another while employed by a Commercial Applicator company.

Individuals and businesses who receive on consignment, take possession or control of, or act as brokers in the resale or processing of unprocessed agricultural products.

Activities including the making of baked goods, some fried foods, standardized jams, jellies, preserves & fruit butters, stovetop or microwave candies that are not potentially hazardous, vinegars, and dry mixes.

Persons who want to obtain semen or embryos from out of the state to artificially inseminate their mares.

This permit is required for all experimental projects involving the application of pesticides that are not registered for use in aquatic environments, and for all experiments involving uses not allowed by the pesticide label.

This permit is required for all experimental projects involving the application of pesticides on terrestrial sites that are not registered and for all experiments involving uses not allowed by the pesticide label.

Transporting processed foods into domestic and international markets.

Any person, business or entity that moves cattle in and out of Washington to an adjoining state to graze without obtaining a health certificate or certificate of veterinary inspection must obtain a Feeding and Grazing Permit.

Facilities that handle or process any food in any manner for sale or distribution and consumption by another party. A full list of processes and exceptions is listed at https://agr.wa.gov/departments/food-safety/food-safety/food-processors.

A shipping permit can be issued in lieu of a certificate of compliance. No person may ship, transport, accept for shipment or accept delivery of any commercial lot of apples, apricots, asparagus, Italian prunes, peaches, pears, and sweet cherries for which a certificate of compliance or shipping permit has not been issued. A shipping permit is required for shipping apples, apricots, asparagus, Italian prunes, peaches, pears, and sweet cherries to a processing plant outside the State of Washington. Apples, apricots, asparagus, Italian prunes, peaches, pears and sweet cherries being shipped to processors within Washington State do not require a shipping permit. Fruits or vegetables covered by a certificate of compliance do not require a shipping permit.

A nursery retailer/wholesaler license is required for businesses that:

• Sell or hold live plants or turf for planting, breeding, or decoration.
• Perform landscaping and lawn maintenance which provides planting or installing new plants or turf.

• Wholesale and retail nurseries, growers, and garden centers.
• Landscapers who buy plants to install.
• Landscapers who hold or grow plants for later sale or installation.
• Maintenance companies who install plants for customers.
• Brokers located in Washington who buy and sell, but do not hold plants.
• Grocery and warehouse stores that offer plants for sale.
• Pet and aquarium stores that sell aquatic plants.

Handling and processing facilities that are selling, labeling, or representing products as "organic."

Selling, labeling, or representing crop or livestock products as "organic."

Any person, business or entity that wants to import animals or animal reproductive products that require an entry permit.

It allows nonprofit organizations, conservation districts, and clubs to conduct plant sales without obtaining a license. Educational Organizations are also allowed to obtain this permit but are not subject to the same limitations.

Applying or supervising the use of restricted use pesticides on your own or your employer's property for the purpose of producing an agricultural commodity.

Application of restricted use pesticides to land, property, or materials owned or rented by applicator or applicator's employer for a purpose other than the production of an agricultural commodity.

Applying restricted use pesticides by any means or any pesticide through power equipment as part of one's employment with a governmental agency. This license is not required of governmental research personnel unless applying restricted use pesticides.

A person labeling seed for distribution for sale in this state.

Activities include slaughter, preparation or sale of whole, raw poultry (1000 or fewer poultry per calendar year).

Any individual, farmer's cooperative association, livestock market, association of livestock breeders, or youth livestock organizations such as 4-H, FFA, or other junior livestock group who desires to conduct a special sale must first obtain a permit.

It is required to have a WSDOT approved permit prior to constructing an access connection to a state highway.

This permit allows a carrier a one time movement of a building a distance of less than 5 miles.

This permit allows drivers to haul reducible loads with Canadian weights from the Canadian border to Sumas, Washington. Carriers applying for this permit must be licensed to their maximum in Washington State.

This permit allows drivers to haul reducible loads with Canadian weights from the Canadian border to Oroville, Washington. Carriers applying for this permit must be licensed to their maximum in Washington State.

It is required to have an approved permit prior to constructing an access connection to a state highway for the purpose of serving a wireless communication site.

Double trailer legal length is 61 feet. This permit allows up to 68 feet measured from front of the first trailer or load to the end of the last trailer or load whichever is longer. The load may be divisible or non-divisible.

The permit allows the hauling of empty apple bins up to 15 feet high. This permit can be used in conjunction with the double trailer permit. These permits are not exempt from restrictions. Oversize signs are required. Routes do not guarantee height clearance.

The permit allows a farmer or farm implement dealer to obtain a permit (per quarter or annual) for implements (any device that directly affects the production of agricultural products) over 16 feet to under 20 feet wide, less than 16 feet high, less than 65,000 pounds, and having a combined length not to exceed 70 feet. The permit requires a letter of approval by Commercial Vehicle Services from the farmer or implement dealer, which allows the permit to be issued for specific counties from any WSDOT permit office. For-hire carriers transporting farm implements do not qualify for this permit type. It is highly recommended that the referenced administrative code be reviewed due to the number of unique aspects to this permit type.

The purpose of the permit is to allow the combination to haul short logs and receive a variance from the legal weight chart. Is only valid for 3 axle trucks and 2 axle pole trailer combinations and is for hauling of unprocessed logs only.

Maximum dimensions allowed: 15 feet wide (14 foot box with 12 inch eaves); 15 feet high; and trailer length of 75 feet including tongue

This permit is an overweight permit for a vehicle with a weight that does not change, such as cranes, cement pumping trucks, and well drilling trucks. Fixed loads with 3 axles may be permitted up to 65,000 lbs. and fixed loads with 4 axles may be permitted up to 86,000 lbs. with the appropriate wheelbase and tire size. An axle spacing report is required to issue a fixed load permit.

This permit allows a vehicle to haul a non-divisible load up to 14 feet wide, 15 feet high, and 125 feet in load length.

This permit is an overweight permit for a vehicle with an oversize and or overweight non-divisible load. To produce the Axle Spacing Report for Overweight Permits use: https://secure3.wsdot.wa.gov/commercialvehicle/permits/public/AxleSpacingReport.aspx, or call 360-704-6340 for assistance.

As the title implies, this is a overweight or oversized permit for superloads, loads that exceed 200,000 pounds, and/or exceed 16 feet in height or width, and/or 125 feet load length. In order to ensure safety to the public, the highways systems and carriers, these permits require application at least 30 days prior to the movement date for overweight superloads and at least 7 days prior for overheight superloads.

The special permit allows vehicles to operate in the heavy haul industrial corridor at the Port of Tacoma to carry weight in excess of weight established in RCW 46.44.041. However the excess weight on a single axle (22,000), tandem axle (43,000) or any axle group must not exceed that allowed by RCW 46.44.091 (1) and (2), weight per tire must not exceed 600 pounds per inch weight of tire, and gross vehicle weight must not exceed 105,500 pounds. The Heavy Haul Corridor extends on SR 509 between milepost .25 in the vicinity of East "D" Street and milepost 5.7 in the vicinity of Norpoint Way NE.

This permit allows for semi-trailer/divisible loads up to 56 ft. (3 ft. longer then the legal single semi-trailer/load length of 53 ft.), measured from front of trailer or load to the rear of the trailer or load whichever is longer.

The permit is used to temporarily increase the licensed weight of a vehicle, but not more than legal capacity. Before purchasing temporary addition tonnage the vehicle must be licensed to at least 40,000 pounds for solo units and 80,000 pounds for combinations. A Temporary License Permit (Trip Permit) may be used to increase licensed weight to the required 40,000 or 80,000 pounds to qualify for the temporary Additional Tonnage Permit (additional tonnage may not be sold for periods greater than the period covered by the Trip Permits). Minimum permit duration 5 days.

If you don't pay fuel tax under the International Fuel Tax Agreement (IFTA) and need to travel in Washington and are driving a diesel or propane powered commercial vehicle with; 2 axles and a gross vehicle weight (GVW) over 26,000 lbs., 3 or more axles regardless of weight, or a combination of vehicles with a combined GVW over 26,000, you must purchase a Special Fuel Permit to allow operation of your vehicle in Washington.

Temporary License Permits (also known as Trip Permits) allow vehicle owners to operate their unlicensed vehicles on public roadways. A vehicle is considered unlicensed if: the vehicle tabs are expired or the current gross weight isn't enough for the load being carried. These permits cannot be used in lieu of tonnage for a vehicle currently licensed in Washington but can be used to increase current tonnage. Permits are valid 3 consecutive days and no more than 3 permits can be issued for any 1 vehicle within a 30-day period.

The special permit issued specifically to tow trucks is an annual permit from the date of purchase. The permit is valid for emergent and non-emergent moves. Annual Tow Truck permits may be issued to Class B and Class C tow trucks, including Class E tow trucks with either a Class B or Class C rating. Class A or D tow trucks are not eligible for Annual Tow Truck permits.

For events at a public place, but closed to the general public, where alcohol is given away free of charge.

Required for staff in the medical field to prescribe and use alcohol for uses up to but not limited to prescribing to patients.

For specific trade shows held by a government entity that want to include alcohol. Call if unsure please.

Supplying alcohol for guests at a lodging location considered a Bed and Breakfast facility.

For any accredited culinary course dealing with alcohol that has students under 21, but at least 18 years of age tasting but not swallowing alcohol.

Serving alcohol at a salon or spa

To auction wine at a private event to retailers and collectors

Winery events not open to the general public or advertised that take place away from the winery.

Distillery events not open to the general public or advertised that take place away from the distillery.

Manufacturing or mechanical businesses. Making your own tinctures, soaps and shampoos.

Brewery events not open to the general public or advertised that take place away from the brewery.

To allow alcohol on premises of businesses not licensed under RCW 66.24. Not all businesses qualify, must not be open to the public.

Used to manufacture liquor and other food products containing alcohol.

Drug store or physician to purchase alcohol for a patient on the prescription of a doctor.

A manufacturer donating liquor for a trade show made up of licensees of the board for the purpose of potential buyers.

A manufacturer donating liquor for a reception or meal at a trade show made up of licensees of the board.

For a nonprofit to raffle alcohol to its members.

Generally, a permit is required for any activity on state park land where a private business charges for their service. Examples are: Guided hikes, boat tours, bicycle races, day camps, charter bus stops, paddle board lessons, river rafting, rock climbing, photography instruction, or kayak adventures.

Commercial filming, professional still photography, and educational filming and photography.