Executivt Order 90-04 

 Pa9«2 



Section 1 . Alt state agencies shall rigorously enforce their existing authorities to 

 assure wetlands protection; 



Section 2. All state agencies shall exercise their substantive authority under the State 

 Environmental Policy Act (SEPA), to the extent legally permissible, to require mitigation 

 of wetlands impacts for all agency actions affecting wetlands. Such actions include, but 

 are not limited to, rule development and any projects or actions requiring state licenses, 

 permits, approvals, loans or grants. State agencies shall, when necessary, amend their 

 SEPA policies to include wetlands protection components. The Department of Ecology, 

 in its review of SEPA compliance documents, shall encourage and, to the extent legally 

 permissible, require complete analyses of wetlands impacts, mitigation, and buffers; 



Section 3. The Department of Ecology shall, to the extent legally permissible, exercise 

 its authority under the Shoreline Management Act, to condition, deny, or appeal permits 

 to assure wetlands protection. In addition, the Department of Ecology shall develop a 

 model wetlands protection element for local governments to consider when amending 

 shoreline master programs under the Shoreline Management Act; 



Section 4. (a) The Department of Ecology shall request the Division Engineer of the 

 Army Corps of Engineers to assert discretionary authority and modify nationwide permit 

 26 to require individual permits or permit conditions for certain categories of activities, 

 types of wetlands and specific geographical regions. Examples include natural heritage 

 sites, wetlands associated with shorelines of statewide significance, and recorded 

 locations of threatened and endangered species. In these instances, actions affecting 

 wetlands will no longer receive automatic authorization; 



(b) The Department of Ecology shall evaluate and recommend future actions to 

 reduce impacts to wetlands under the Federal Clean Water Act, such as further 

 modifications to nationwide permit 26. The Department of Ecology shall reevaluate 

 section 401 certification of nationwide permits affecting wetlands at such time as these 

 permits are revised by the Army Corps of Engineers or when the existing certification 

 expires in 1992, whichever comes first; 



(c) The Department of Ecology, to the extent authorized by law, shall condition or 

 deny water quality certifications under section 401 of the Federal Clean Water Act to 

 prevent the degradation of wetlands; 



Section S. The Department of Ecology, in its triennial review of water quality standards, 

 shall revise the standards to incorporate provisions specifically designed to better 

 protect wetlands; 



Section 6. The Departments of Wildlife and Fisheries shall fully implement the authority 

 granted under the Hydraulics Code and, to the extent legally permissible, condition or 

 deny permits to protect fish life by assuring wetlands protection; 



Section 7. The Puget Sound Water Quality Authority shall continue its efforts to ensure 

 full Impr -sntation of the wetlands elements of the Puget Sound Plan. All state 

 a jencies, .ithin available resources, shall use their authorities to assist In 

 implementing applicable portions of the Puget Sound Plan wetlands program; 



. C 



