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Published on Friday, February 15, 2013

Rollback of new SEPA rules

A late-breaking bill this session (HB 1809) appears to roll back a number of advances secured by the passage of our SEPA reform provisions in SB 6406 last year. This year’s bill would re-apply SEPA, for cultural resources only, to activities newly exempted by the previous bill or the rule-making that flowed from it. Cities would be required to apply SEPA for cultural resources considerations unless they have all of the following:

  • A data-sharing agreement with the Department of Archaeology and Historic Preservation.
  • Either a local ordinance protecting archaeological and historic properties or a cultural resource management plan approved by the Department of Archaeology and Historic Preservation.
  • A written consultation agreement approved by affected federally recognized tribes.
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