Section 77.55.231. Conditions imposed upon a permit—Reasonably related to project—Minor modifications to plans/work timing.

(1) Conditions imposed upon a permit must be reasonably related to the project. The permit conditions must ensure that the project provides proper protection for fish life, but the department may not impose conditions that attempt to optimize conditions for fish life that are out of proportion to the impact of the proposed project.

(2) The permit must contain provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit.

(3) The permit must contain provisions that allow for minor modifications to the required work timing without requiring the reissuance of the permit. "Minor modifications to the required work timing" means a minor deviation from the timing window set forth in the permit when there are no spawning or incubating fish present within the vicinity of the project.

[ 2012 1st sp.s. c 1 § 106; 2005 c 146 § 601; 2002 c 368 § 5. Formerly RCW 77.55.350.]

NOTES:

Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.

Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.

Part headings not law—2005 c 146: See note following RCW 77.55.011.

Finding—Intent—2002 c 368: See note following RCW 77.55.340.

2012 1st sp.s. c 1 § 106; 2005 c 146 § 601; 2002 c 368 § 5. Formerly RCW 77.55.350.