EXECUTIVE
ORDER EO 90-04
PROTECTION
OF WETLANDS
WHEREAS, wetlands provide
ecological as well as economic benefits to the state by protecting and
preserving drinking water supplies; by providing a natural means of flood and
storm damage protection; by serving as transition zones between dry land and
water courses, thereby retarding soil erosion; by providing essential breeding,
spawning, rearing, feeding, nesting, and wintering habitats for fish and wildlife; by providing special vegetation and vegetative
communities; by serving important functions for surface and groundwater
supplies of the state; and by providing outdoor training and educational
resources; and
WHEREAS, as much as fifty
percent of the state's original wetlands have been drained, dredged, filled, or
otherwise altered and over ninety percent of the original saltwater wetlands in
some urban estuaries of Puget Sound have been eliminated; and
WHEREAS, losses statewide are
as much as two thousand acres annually; and
WHEREAS, loss of wetlands,
harms the economic and ecological welfare of the state; and
WHEREAS, local governments are
in the process of planning for growth and for the protection of critical areas, including wetlands;
and
WHEREAS, wetlands are among
the most fragile of natural resources and must be protected by state agencies
in their stewardship of lands and waters subject to the public trust; and
WHEREAS, it is in the public
interest to protect the functions and values of wetlands;
NOW, THEREFORE,
I, Booth Gardner, Governor of the state of Washington, by virtue of the power
vested in me, do hereby order:
Section 1. All state agencies shall rigorously
enforce their existing authorities to assure wetlands protection;
Section 2. All state agencies shall exercise their
substantive authority under the State Environmental Policy Act (SEPA), to the
extent legally permissible, to require mitigation of wetlands impacts for all
agency actions affecting wetlands. Such actions include, but are not limited
to, rule development and any projects or actions requiring state licenses,
permits, approvals, loans or grants. State agencies shall, when necessary,
amend their SEPA policies to include wetlands protection components. The
Department of Ecology, in its review of SEPA compliance documents, shall
encourage and, to the extent legally permissible, require complete analyses of
wetlands impacts, mitigation, and buffers;
Section 3. The Department of Ecology shall, to the
extent legally permissible, exercise its authority under the Shoreline Management
Act, to condition, deny, or appeal permits to assure wetlands protection. In
addition, the Department of Ecology shall develop a model wetlands protection
element for local governments to consider when amending shoreline master
programs under the Shoreline Management Act;
Section 4. (a) The Department of Ecology shall
request the Division Engineer of the Army Corps of Engineers to assert
discretionary authority and modify nationwide permit 26 to require individual
permits or permit conditions for certain categories of activities, types of
wetlands and specific geographical regions. Examples include natural heritage
sites, wetlands associated with shorelines of statewide significance, and
recorded locations of threatened and endangered species. In these instances,
actions affecting wetlands will no longer receive automatic authorization;
(b) The Department of
Ecology shall evaluate and recommend future actions to reduce impacts to
wetlands under the Federal Clean Water Act, such as further modifications to
nationwide permit 26. The Department of Ecology shall reevaluate section 401
certification of nationwide permits affecting wetlands at such time as these
permits are revised by the Army Corps of Engineers or when the existing
certification expires in 1992, whichever comes first;
(c) The Department of
Ecology, to the extent authorized by law, shall condition or deny water quality
certifications under section 401 of the Federal Clean Water Act to prevent the
degradation of wetlands;
Section 5. The Department of Ecology, in its
triennial review of water quality standards, shall revise the standards to
incorporate provisions specifically designed to better protect wetlands;
Section 6. The Departments of Wildlife and
Fisheries shall fully implement the authority granted under the Hydraulics Code
and, to the extent legally permissible, condition or deny permits to protect
fish life by assuring wetlands protection;
Section 7. The Puget Sound Water Quality Authority
shall continue its efforts to ensure full implementation of the wetlands
elements of the Puget Sound Plan. All state a agencies within available
resources, shall use their authorities to assist In implementing applicable
portions of the Puget Sound Plan wetlands program;
Section 8. The Department of Agriculture shall
develop a permit system for application of pesticides on or near wetlands by
licensed applicators in order to assist in evaluating the type, amount, and
impact of pesticides used in wetlands. The Department of Agriculture shall also
develop a program to assess the amount of pesticides applied by non-licensed
persons on or near wetland areas through required reporting of sales volume of
pesticide products not requiring licensure for purchase;
Section 9. The Forest Practices Board, with
assistance from the Department of Ecology, is encouraged to amend both the
forest practices rules and the best management practices for forest practices
to protect wetlands in a manner consistent with this executive order;
Section 10. The Department of Community Development
shall adopt standards establishing wetlands protection criteria for
administration and issuance of funds through its public works trust fund,
community development block grant program, and housing trust fund; and the
Department of Trade and Economic Development shall work with the Community
Economic Revitalization Board (CERB) to develop and adopt wetlands protection
criteria for administration and issuance of CERB loans and grants;
Section 11. The Department of Ecology shall give special
consideration and allowance to those Centennial Clean Water Act grant proposals
containing wetlands protection elements and shall condition any grant approvals
to assure wetlands protection;
Section 12. All state agencies shall use the
following definition of mitigation, in the following order of preference:
(1) Avoiding the
impact altogether by not taking a certain action or part of an action;
(2) Minimizing impacts
by limiting the degree or magnitude of the action and its implementation, by
using appropriate technology, or by taking affirmative steps to avoid or reduce
impacts;
(3) Rectifying the
impact by repairing, rehabilitating, or restoring the affected environment;
(4) Reducing or
eliminating the impact over time by preservation and maintenance operations
during the life of the action;
(5) Compensating for
the Impact by replacing, enhancing, or providing substitute resources or
environments;
(6) Monitoring the
Impact and taking appropriate corrective measures;
Mitigation for individual actions may include a
combination of the above measures;
Section 13. The Department of Ecology shall develop
statewide policies and standards on wetlands rating systems, mitigation,
buffers, restoration, and enhancement In consultation with other agencies and
interested parties. These policies and standards shall be adopted to the extent
legally permissible by all state agencies as part of their SEPA policies, and
shall be applied where appropriate to all licenses, permits, approvals, grants
and actions undertaken by state agencies;
Section 14. The Department of Ecology, In
consultation with agencies and academic institutions with expertise, tribes,
local governments, and other appropriate parties, shall coordinate wetlands
inventory activities and develop inventory standards and strategies to
standardize and maximize the efficiency and effectiveness of inventory efforts
in the state;
Section 15. The Department of Ecology shall develop a
wetlands impact assessment process in conjunction with the demonstration conservation
plan required by RCW 90.54. The wetlands impact assessment process shall
balance the public policies of wetlands protection and water use off efficiency
as set out in RCW 90.03. The Department of Ecology shall consult with other
interested and affected parties, in order to assist in decision making
regarding water use efficiency improvements and wetlands protection;
Section 16. The Department of Ecology shall provide
technical assistance to the Department of Community Development in the
development of wetlands protection policies and standards for the
implementation of grants programs and to guide the development of local
government comprehensive plans and development regulations under the growth
management bill passed by the 1990 legislature;
Section 17. The Department of Ecology shall provide
educational and technical assistance, within available resources, for local
government implementation. of the wetlands protection components of the Puget
Sound Plan and wetlands protection components of the growth management bill
passed by the 1990 legislature;
Section 18. All local governments in this state are
requested and encouraged to make all of their actions consistent with the
intent and goals of this executive order. The Department of Ecology, in consultation
with local governments, shall develop a model local government wetlands
protection ordinance, and shall initiate and administer a local grants program,
as funding permits, for the development of local wetlands protection programs;
Section 19. All appropriate state agencies shall
continue to develop and implement wetlands education and outreach activities
and to inform public and private interests regarding the provisions of this
order;
Section 20. (a) There is hereby established an
Interagency Wetlands Review Board (Board) which shall consist of the directors
or designees of the Department of Ecology, the Department of Fisheries, the
Department of Wildlife, the Department of Agriculture, the Puget Sound Water
Quality Authority, and the Department of Community Development. The Department
of Transportation and the Department of Natural Resources are invited to become
members of the Board. The representative of the Department of Ecology shall
serve as chair and shall provide staff support when needed;
(b) The Board is
empowered to develop means to implement and monitor agency compliance with this
executive order. The Board shall submit regular reports to the Governor on
actions taken under this order;
(c) The Board is
authorized to ask for assistance from any department, office, division or
agency of this state to supply data, personnel, or assistance as necessary to
implement the directives of this executive order;
Section 21. Nothing in this executive order shall
apply to assistance provided for emergency work that is essential to save lives
or protect property and public health and safety.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused
the seal of the State
of Washington to be
affixed at Olympia
this 21st day of April
A.D., Nineteen hundred and ninety.
BOOTH GARDNER
Governor of Washington
BY THE GOVERNOR:
_________________________________
Assistant Secretary of
State
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