Washington § 77.55.400 - Determination as to whether construction is a hydraulic project — Preapplication determination — Review and comment period — Written determination.

Full text of Washington Revised Code of Washington § 77.55.400 — Determination as to whether construction is a hydraulic project — Preapplication determination — Review and comment period — Written determination., with citation guidance and answers to common questions.

§ 77.55.400. Determination as to whether construction is a hydraulic project — Preapplication determination — Review and comment period — Written determination.

(1) A person proposing construction or other work landward of the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of state waters shall submit a permit application to the department. However, if a person is unsure about whether the work requires a permit, they may request a preapplication determination from the department. The department must evaluate the proposed work and determine if the work is a hydraulic project and, if so, whether a permit from the department is required to ensure adequate protection of fish life.
(2) The preapplication determination request must be submitted through the department's online permitting system and must contain:
(a) A description of the proposed project;
(b) A map showing the location of the project site; and
(c) Preliminary plans and specifications of the proposed construction or work, if available.
(3) The department shall provide tribes and local governments a seven calendar day review and comment period. The department shall consider all applicable written comments received before issuing a determination.
(4) The department shall issue a written determination, including the rationale for the decision, within twenty-one calendar days of receiving the request.
(5) Determinations made according to the provisions of this section are not subject to the requirements of chapter 43.21C RCW.
[ 2019 c 290 s 4.]

Notes

Finding—Intent—2019 c 290: See note following RCW 77.12.085.

Source: official Washington text · Last verified 2026-08-27

Related Washington Legal Topics

Frequently Asked Questions About Washington § 77.55.400

What does Revised Code of Washington § 77.55.400 cover?

Section 77.55.400 ("Determination as to whether construction is a hydraulic project — Preapplication determination — Review and comment period — Written determination.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 77.55.400?

A common citation format is "Revised Code of Washington § 77.55.400" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 77.55.400 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.