Puget Sound Note: SB 6287, concerning the definition of hydraulic projects

The Puget Sound Partnership was established by the Washington State Legislature to coordinate and lead the effort to restore and protect Puget Sound. The Partnership’s mission is to accelerate the collective effort to recover and sustain Puget Sound. The Puget Sound Note provides an objective analysis of how proposed legislation affects restoration and protection of Puget Sound. 

This Note is based on information available to Partnership staff as of January 27, 2016. Staff will update the Note as more information becomes available.

Senate Bill 6287

Concerning the definition of hydraulic project in relation to the hydraulic project approval permits

Sponsors: Senators Honeyford, Ericksen, Dansel, Pearson, Bailey, Schoesler, Brown, Parlette, Roach, Hobbs, Hewitt

How does the bill affect the state’s ability to protect and restore Puget Sound?

According to state statute (RCW 77.55.011), a hydraulic project approval permit, or HPA, is required for any project that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. The Washington Department of Fish & Wildlife (WDFW) evaluates HPA applications to ensure fish habitat is properly protected. WDFW issues the permit if the applicant meets the conditions stated in the statute. The HPA is the state's primary tool for protecting fish and aquatic habitat. In addition, several recovery targets for the Puget Sound ecosystem, such as Chinook salmon, herring, and orca, depend on the protections afforded by the HPA program. 

SB 6287 would define "hydraulic project" to mean only those projects occurring at or below the ordinary high water line. The "ordinary high water line" means the mark on water body shorelines that indicates the common and usual water level. 

Changing the definition of hydraulic project as proposed in this bill could mean that many projects potentially damaging to fish habitat would no longer require an HPA. In addition, several recovery targets for Puget Sound ecosystem health depend on the protections afforded by the HPA program. Strictly defining hydraulic project at ordinary high water would allow projects that can harm habitat, such as bank hardening projects (like bulkheads) and levee construction to occur just above the ordinary high water mark without first ensuring that fish and aquatic habitat are protected. If such projects were allowed without review, as they would be under SB 6287, the result could be degradation of habitat function. The outcome would weaken the state's ability to achieve its Puget Sound recovery targets for shoreline armoring, floodplains, Chinook salmon, herring, and orca.  

What is the fiscal impact of the bill, and which agencies will bear the cost?

If enacted, SB 6287 would require $160,500 from the state's General Fund for the 2015-17 biennium for WDFW staffing to conduct rule-making, update print and online materials, and make changes to the permitting system.

What are the viewpoints on this bill?

Department of Fish & Wildlife:  Less effective fish protection works against the state’s efforts in salmon and steelhead recovery. The WDFW's analysis of this issue is available here.