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RCW 77.55.181: Fish habitat enhancement project —Permit review and approval process Limitation of liability. RCWs > Title 77 > Chapter 77.55 > Print Section 77.55.181 77.55.171 << 77.55.181 >> 77.55.191 RCW 77.55.181 Fish habitat enhancement project —Permit review and approval process —Limitation of liability. (1)(a) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under this section and must be a project to accomplish one or more of the following tasks: (i) Elimination of human -made or caused fish passage barriers, including: (A) Culvert repair and replacement; and (B) Fish passage barrier removal projects that comply with the forest practices rules, as the term "forest practices rules" is defined in RCW 76.09.020; (ii) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or (iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks. (b) The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety. (c) A fish habitat enhancement project must be approved in one of the following ways in order to receive the permit review and approval process created in this section: (i) By the department pursuant to chapter 77.95 or 77.100 RCW; (ii) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW; (iii) By the department as a department -sponsored fish habitat enhancement or restoration project; (iv) Through the review and approval process for the jobs for the environment program; (v) Through the review and approval process for conservation district -sponsored projects, where the project complies with design standards established by the conservation commission through interagency agreement with the United States fish and wildlife service and the natural resource conservation service; (vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration; (vii) Through the department of transportation's environmental retrofit program as a stand-alone fish passage barrier correction project; (viii) Through a local, state, or federally approved fish barrier removal grant program designed to assist local governments in implementing stand-alone fish passage barrier corrections; (ix) By a city or county for a stand-alone fish passage barrier correction project funded by the city or county; (x) Through the approval process established for forest practices hydraulic projects in chapter 76.09 RCW; or http://app.leg.wa.gov/RCW/default.aspx?cite=77.55.181[11/30/2018 8:48:44 AM]