(1) Each agency is required by the act and this section to adopt its own rules and procedures for implementing SEPA. (RCW 43.21C.120
.) Agencies may revise or add to their SEPA procedures at any time. Agencies may adopt these rules (chapter 197-11
WAC) by reference, and shall meet the requirements of WAC 197-11-906
concerning the content of their procedures. State and local rules for carrying out SEPA procedures are called "agency SEPA procedures."
(2) State agencies shall adopt or amend their procedures within one hundred eighty days of the effective date of this chapter or subsequent revisions, or within one hundred eighty days of the establishment of an agency, whichever shall occur later. State agencies shall adopt their procedures by rule making under the state Administrative Procedure Act, chapter 34.05
RCW. If a state agency does not have rule making authority under chapter 34.05
RCW, the agency shall adopt procedures under whatever authority it has, and public notice and opportunity for public comment shall be provided. Adoption shall be deemed to have taken place at the time the transmittal of adopted rules is filed with the code reviser.
(3) Local agencies shall adopt or amend their procedures within one hundred eighty days of the effective date of this chapter or subsequent revisions, or within one hundred eighty days of the establishment of the local governmental entity, whichever shall occur later. Local agencies shall adopt their procedures by rule, ordinance, or resolution, whichever is appropriate, to ensure that the procedures have the full force and effect of law. Public notice and opportunity for public comment shall be provided as part of the agency's process for adopting its SEPA procedures.
(4) Any agency determining that all actions it is authorized to take are exempt under Part Nine of these rules may adopt a statement to the effect that it has reviewed its authorized activities and found them all to be exempt under this chapter. Adoption of such a statement under the procedures in subsections (2) and (3) shall be deemed to be in compliance with the requirement that the agency adopt procedures under this chapter.
(5) The adoption of agency procedures is procedural and shall be categorically exempt under this chapter (WAC 197-11-800
[Statutory Authority: RCW 43.21A.090, chapter 43.21C RCW, RCW 43.21C.035, 43.21C.037, 43.21C.038, 43.21C.0381, 43.21C.0382, 43.21C.0383, 43.21C.110, 43.21C.222. 03-16-067 (Order 02-12), § 197-11-904, filed 8/1/03, effective 9/1/03. Statutory Authority: RCW 43.21C.110. 95-07-023 (Order 94-22), § 197-11-904, filed 3/6/95, effective 4/6/95; 84-05-020 (Order DE 83-39), § 197-11-904, filed 2/10/84, effective 4/4/84.]