Difference between revisions of "RAPID/Roadmap/3-WA-f"

From Open Energy Information

< RAPID‎ | Roadmap

 
(2 intermediate revisions by 2 users not shown)
Line 3: Line 3:
 
|Flowchart=File:3-WA-f - H - Aquatic Use Authorization 2016-10-24.pdf
 
|Flowchart=File:3-WA-f - H - Aquatic Use Authorization 2016-10-24.pdf
 
|Technology=Hydropower
 
|Technology=Hydropower
|PermitOverview=In Washington, a developer may need to obtain an Aquatic Use Authorization/Aquatic Lands Lease (“Authorization”) from the [[Washington Department of Natural Resources]] (“WDNR”) for proposed project activities that take place on state-owned aquatic lands. [[Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization]]; [[Washington – Wash. Admin. Code §§ 332-30 et seq., Aquatic Land Management|W.A.C. §332-30-122(1)]]; [[Washington – Rev. Code Wash. §§ 79.105 et seq., Aquatic Lands|R.C.W. §79.105.110]]. Washington has approximately 1,300 miles of state–owned tidelands, 6,700 acres of harbor areas, and 2,000 square miles of marine beds in submerged lands. [[Washington – Wash. Admin. Code §§ 332-30 et seq., Aquatic Land Management| W.A.C. §332-30-100]].  
+
|InformationCurrentYear=2019
 
+
|PermitOverview=In Washington, a person (developer) may need an Aquatic Use Authorization/Aquatic Lands Lease (Authorization) from the [[Washington Department of Natural Resources]] (WDNR) for proposed project activities that take place on state-owned aquatic lands. [[Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization]]; [[Washington – Wash. Admin. Code §§ 332-30 et seq., Aquatic Land Management|W.A.C. §332-30-122(1)]]; [[Washington – Rev. Code Wash. §§ 79.105 et seq., Aquatic Lands|R.C.W. §79.105.110]]. Washington has approximately 1,300 miles of state–owned tidelands, 6,700 acres of harbor areas, 2,000 square miles of marine beds in submerged lands, and an undetermined amount of fresh water shorelands and beds. [[Washington – Wash. Admin. Code §§ 332-30 et seq., Aquatic Land Management| W.A.C. §332-30-100]]. WDNR’s Aquatic Resources Division regulates state-owned aquatic land access pursuant to [[Washington – Wash. Admin. Code §§ 332-30 et seq., Aquatic Land Management]], and [[Washington – Rev. Code Wash. §§ 79.105 et seq., Aquatic Lands]].
 
 
WDNR’s Aquatic Resources Division regulates state-owned aquatic land access pursuant to [[Washington – Wash. Admin. Code §§ 332-30 et seq., Aquatic Land Management]], and [[Washington – Rev. Code Wash. §§ 79.105 et seq., Aquatic Lands]].
 
 
|Description===3-WA-f.1 to 3-WA-f.3 – Contact Regional WDNR Office==
 
|Description===3-WA-f.1 to 3-WA-f.3 – Contact Regional WDNR Office==
  
A developer should contact the appropriate regional [[Washington Department of Natural Resources]] (“WDNR”) office to discuss the project proposal and provide information to determine land ownership. [[Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance]]. The WDNR regional Land Manager will determine if the project is on WDNR land. If the proposed project activity is not on WDNR managed aquatic land no Authorization is required. [[Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance]].
+
A developer should contact the appropriate regional [[Washington Department of Natural Resources]] (WDNR) office to discuss the project proposal and provide information to determine land ownership. [[Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance]]. The WDNR regional Land Manager will determine if the project is on WDNR land. If the proposed project activity is not on WDNR managed aquatic land no Authorization is required. [[Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance]].
  
 
==3-WA-f.4 – Joint Aquatic Resources Permit Application Materials==
 
==3-WA-f.4 – Joint Aquatic Resources Permit Application Materials==
  
The developer must submit a complete [[Washington - Joint Aquatic Resources Permit Application]] (“Application”) along with [[Washington - Joint Aquatic Resources Permit Application|Attachment E: Aquatic Use Authorization on Department of Natural Resources Managed Aquatic Lands]] and process fee to the regional WDNR office. [[Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance]].
+
The developer must submit a complete [[Washington - Joint Aquatic Resources Permit Application]] (Application) along with [[Washington - Joint Aquatic Resources Permit Application|Attachment E: Aquatic Use Authorization on Department of Natural Resources Managed Aquatic Lands]] and process fee to the regional WDNR office. [[Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance]].
  
 
An Application must include, at minimum, the following:  
 
An Application must include, at minimum, the following:  

Latest revision as of 14:55, 19 March 2019

RAPIDRegulatory and Permitting Information Desktop Toolkit
My Projects

Washington Aquatic Use Authorization (3-WA-f)

Information current as of 2019
In Washington, a person (developer) may need an Aquatic Use Authorization/Aquatic Lands Lease (Authorization) from the Washington Department of Natural Resources (WDNR) for proposed project activities that take place on state-owned aquatic lands. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization; W.A.C. §332-30-122(1); R.C.W. §79.105.110. Washington has approximately 1,300 miles of state–owned tidelands, 6,700 acres of harbor areas, 2,000 square miles of marine beds in submerged lands, and an undetermined amount of fresh water shorelands and beds. W.A.C. §332-30-100. WDNR’s Aquatic Resources Division regulates state-owned aquatic land access pursuant to Washington – Wash. Admin. Code §§ 332-30 et seq., Aquatic Land Management, and Washington – Rev. Code Wash. §§ 79.105 et seq., Aquatic Lands.



Aquatic Use Authorization Process

3-WA-f.1 to 3-WA-f.3 – Contact Regional WDNR Office

A developer should contact the appropriate regional Washington Department of Natural Resources (WDNR) office to discuss the project proposal and provide information to determine land ownership. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance. The WDNR regional Land Manager will determine if the project is on WDNR land. If the proposed project activity is not on WDNR managed aquatic land no Authorization is required. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance.

3-WA-f.4 – Joint Aquatic Resources Permit Application Materials

The developer must submit a complete Washington - Joint Aquatic Resources Permit Application (Application) along with Attachment E: Aquatic Use Authorization on Department of Natural Resources Managed Aquatic Lands and process fee to the regional WDNR office. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance.

An Application must include, at minimum, the following:

  • Project name;
  • Applicant (developer) contact information, including address and telephone number;
  • A list of property owners where the project will occur including property owner’s contact information;
  • Project location details, including maps;
  • A detailed description of the proposed project;
  • A detailed description of wetland impacts and mitigation plans;
  • A detailed description of water bodies impacted and mitigation plans;
  • A copy of all necessary federal, state and local permits;
  • State Environmental Policy Act compliance documentation and permits; and
  • Authorized signatures.

Washington - Joint Aquatic Resources Permit Application; W.A.C. §332-30-122(1)(c).

3-WA-f.5 – Forward Application Materials to Project Site Land Manager

After the regional WDNR receives the Application the regional office forwards the Application to the project site Land Manager. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance.

3-WA-f.6 to 3-WA-f.8 – Review Application Materials for Completeness

The Land Manager reviews the Application for technical and administrative completeness and confirms whether land is available to lease. If the Application is not complete, the developer may resubmit the Application with additional information as the Land Manager has requested.

If the Application is complete the Land Manager evaluates the proposed uses in the Application. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance. The Land Manager reviews the Application in accordance with W.A.C. §332-30-122(2).

The Land Manager may send the applicant (developer) a letter detailing required changes to the project in order to meet WDNR authorization standards. The applicant must complete the requested requirements. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance.

3-WA-f.9 to 3-WA-f.14 – Does the Land Manager Approve the Application?

The Land Manager makes a final evaluation whether the use is appropriate and then notifies the applicant (developer). If the Land Manger determines that the propose project is inappropriate the Land Manger denies the Application. If the Land Manager determines that the proposed project is appropriate the Land Manager returns a signed Attachment E Form to the applicant (developer). After approval the Land Manager drafts a lease, calculates rent and contacts the applicant (developer) to discuss lease terms. The developer should review the lease terms and may propose changes. The Land Manager then reviews the developer’s proposed changes to the lease and may propose changes. The Land Manager then forwards the lease terms to the District Manager for review.

Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance.

3-WA-f.15 to 3-WA-f.17 – Does the District Manager Approve the Lease Terms?

The District Manager reviews the lease terms. If the District Manager disagrees with the lease terms the Land Manager, District Manager and applicant (developer) re-negotiate the lease. If the District Manager agrees with the lease terms, the lease contract packet is mailed to the applicant (developer). The lease contract packet includes two contracts, a transmittal letter, and pre-bill. At this time the applicant (developer) must sign and notarize the lease contract packet and must then return the packet, along with pre-bill payment to the WDNR district office. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance.

3-WA-f.18 to 3-WA-f.19 – Does the District WDNR Office Supervisor Approve the Lease Terms?

The Supervisor of the district WDNR office reviews the lease conditions and rent and makes a final determination. If the Supervisor disagrees with the lease conditions and rent the Supervisor, the Land Manager and the applicant may renegotiate. If the lease terms are not renegotiated the authorization is denied. If the Supervisor agrees with the lease conditions and rent the authorization is granted. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization for DNR-Managed Aquatic Lands Application Process Guidance.

The duration of the Aquatic Use Authorization depends on the proposed uses and the class of land leased. For more information on authorization durations see: R.C.W. §§79.115-135.

There is no appeal process for the authorization, but WDNR staff will work with the applicant to help find an agreement type that will work with the applicant’s proposal or will recommend modifications to the activity to make it compatible with WDNR’s stewardship mandate. Washington Governor’s Office for Regulatory Innovation and Assistance – Aquatic Use Authorization.


Add to Project

Contact Information