New Rulemaking for Permit Program for state waters.Chapter 173-217 WAC – State Waters Alteration Permit (SWAP) A Permit required for alteration of state waters, including wetlands, and conditions on issuance of permit.
Agency
Ecology, Department of
Title of action
New Rulemaking for Permit Program for state waters.Chapter 173-217 WAC – State Waters Alteration Permit (SWAP) A Permit required for alteration of state waters, including wetlands, and conditions on issuance of permit.
Date significant agency action was initiated
Tuesday, June 10, 2025
Category
Other
Brief description of significant agency actions for which the agency is initiating an environmental justice assessment.
Ecology has initiated state rulemaking to establish a new permitting program for projects that could alter or impact state waters. We are responsible for protecting Washington waters, including wetlands and streams, under the 1945 state Water Pollution Control Act, the 1972 state Shoreline Management Act, and 1990 state Growth Management Act. We are using our long-standing authority under the state Water Pollution Control Act to add a new chapter, 173-217, to the Washington Administrative Code to establish a formal “State Waters Alteration Permit” program within Ecology. To protect state waters and process authorizations more effectively, permits issued through the new program will also outline the measures proponents must take to avoid, minimize and offset the adverse environmental impacts their projects pose to water quality and aquatic habitats.
Currently, we issue administrative orders under the Water Pollution Contract Act to authorize projects seeking to alter or impact state waters. While administrative orders protect the environment, the process lacks public notice opportunities and timeline obligations for issuing decisions. A new state permitting program would replace the current administrative order process and provide positive customer service benefits by:
- Providing better clarity and predictability about our actions and requirements.
- Creating general permits to streamline approvals for projects with minor impacts.
- Establishing opportunities for public review.
- Setting mitigation requirements for projects.
Methods for providing public comment for agency consideration as part of the environmental justice assessment.
Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the purpose of the environmental justice assessment of this rulemaking. In doing so, we will focus on engaging with the communities and populations most likely to be impacted by projects or permit requirements.
Broader public engagement for this rulemaking is anticipated throughout 2025 with a formal comment period in Summer 2026. Public meetings will be held virtually, in person, or both (depending on the need), during which time we will open the floor for Q&A and informal comments from the public. Ecology welcomes oral comments during public hearings(s), electronically submitted comments, and comments submitted by mail related to the Environmental Justice Assessment for this rulemaking. We will share details about engagement opportunities and resources on our website and through our email distribution list. More information will be provided on our webpage as the rulemaking further develops.
Link to agency webpage where the action is posted.
Status