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Washington Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagwa0011 and id is 1 raw text is: Rob McKenna                                                                Attorney General of Washington
GROWTH MANAGEMENT ACT - WETLANDS - DEPARTMENT OF ECOLOGY -
AGRICULTURE
1. The Growth Management Act (GMA) does not apply directly to a site-specific decision
such as siting a wetlands mitigation bank, although the GMA applies to the development
regulations and comprehensive plans.
2. Certification of a wetlands mitigation bank by the Department of Ecology does not
legally obligate a county to issue required permits for the bank.
3. The Department of Ecology's certification of a wetlands mitigation bank does not make
the Growth Management Act (GMA) or the State Environmental Policy Act (SEPA)
inapplicable.
4. The substantive provisions of the Growth Management Act (GMA) do not apply to the
Department of Ecology's certification of a wetlands mitigation bank.
January 3, 2008
Honorable Mary Margaret Haugen
State Senator, 10th Legislative District
P. O. Box 40410                          Cite As:
Olympia, WA 98504-0410                   AGO 2008 No. 1
Dear Senator Haugen:
By letter previously acknowledged, you have requested an opinion on the following
questions, which we have paraphrased slightly for clarity:
1. Is siting a wetlands mitigation bank subject to the Growth
Management Act (GMA), including the GMA provisions relating to the
maintenance and enhancement of the agriculture industry and the protection
of lands designated as agricultural lands of long-term commercial
significance?
2. If, under either the pilot rule or a final adopted rule, the
Department of Ecology certifies a proposed wetlands mitigation bank on land
designated as agricultural land of long-term commercial significance, is a
county legally obligated to permit a wetlands mitigation bank, regardless of
the above GMA requirements?
Attorney General of Washington
Post Office Box 40100
Olympia, WA 98504-0100
(360) 753-6200

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