S-4403.1
SUBSTITUTE SENATE BILL 6010
State of Washington 68th Legislature 2024 Regular Session
By Senate Local Government, Land Use & Tribal Affairs (originally
sponsored by Senators Shewmake and Liias)
READ FIRST TIME 01/26/24.
1 AN ACT Relating to streamlining certain decisions pertaining to
2 the development or extension of a trail or path from the state
3 environmental policy act; and adding a new section to chapter 43.21C
4 RCW.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. A new section is added to chapter 43.21C
7 RCW to read as follows:
8 (1) Decisions pertaining to the development or extension of a
9 trail or path are categorically exempted from compliance with this
10 chapter if:
11 (a) The surface area of the proposed new trail or path or
12 extension to an existing trail or path does not exceed 10 acres;
13 (b) The proposed new trail or path or extension to an existing
14 trail or path is located in whole or in part on an inactive railroad
15 right-of-way designated for interim trail use under 16 U.S.C. Sec.
16 1247; and
17 (c) The proposed new trail or path or extension to an existing
18 trail or path is not located in a fish and wildlife habitat or
19 wetland critical area designated under RCW 36.70A.170.
20 (2)(a) At the earliest possible date prior to the submittal of an
21 application for the development or extension of a trail or path under
p. 1 SSB 6010
 1 this section, an applicant must engage in meaningful consultation
2 with any federally recognized tribe that may be potentially affected
3 by the proposed new trail or path or extension to an existing trail
4 or path. Meaningful consultation must include discussion of the
5 potential impacts to cultural resources and tribal treaty rights.
6 (b) An applicant must notify the affected federally recognized
7 tribe of the proposed development using at least two methods,
8 including by mail. Upon receiving a notice, the federally recognized
9 tribe may request consultation to determine whether an agreement can
10 be reached related to the development or extension of a trail or
11 path. If an agreement is not reached, the parties must enter
12 mediation.
13 (3) The definitions in this subsection apply throughout this
14 section unless the context clearly requires otherwise.
15 (a) "Critical area" has the same meaning as "critical areas" as
16 defined in RCW 36.70A.030.
17 (b) "Extension to an existing trail or path" includes an addition
18 to an existing trail or path that connects two existing segments of
19 the trail or path.
20 (c) "Trail" and "path" have the same meaning as defined in RCW
21 47.30.005.
22 (4) Improvements covered by this exemption include utilities and
23 support infrastructure for trails and paths, including street
24 crossings, lighting, signage, and parking facilities otherwise
25 exempted under this chapter, but not unrelated infrastructure
26 improvements.
27 (5) This section is additional to and does not amend categorical
28 exemptions adopted by rule under RCW 43.21C.110(1)(a).
--- END ---
p. 2 SSB 6010