Regarding cultural resource protection for certain land use activities that are categorically exempt from the state environmental policy act.

2025-2026 Regular Session Introduced by Bob Hasegawa and 3 co-sponsors

SB 5609 requires exempt SEPA land-use decisions to meet cultural resource protections via DAHP standards, data-sharing, tribal consultation, and local protection plans.

First reading, referred to Environment, Energy & Technology.

Overview

SB 5609 would add a new section to chapter 43.21C RCW to strengthen cultural resource protection for land-use actions that are ordinarily categorically exempt from the State Environmental Policy Act (SEPA). The bill applies primarily to state and local decisions on exempt actions and conditions broader tribal consultation and local protections for archaeological and historic properties.

Purpose and intent

Ensure cultural resource considerations (archaeological and historic properties) are addressed even for certain actions that would typically be exempt from SEPA review.

Create requirements that promote coordination among state agencies, local governments, the Department of Archaeology and Historic Preservation (DAHP), and affected federally recognized tribes.

Key provisions

1) New requirements for exempt decisions
- Decisions listed in subsection (3) must comply with cultural resources requirements under RCW 43.21C.030, unless a branch of government has:
- (a) A data-sharing agreement with DAHP;
- (b) A local ordinance protecting archaeological and historic properties or a DAHP-approved cultural resource management plan;
- (c) A written consultation agreement approved by affected federally recognized tribes.

2) DAHP standards
- DAHP must develop minimum standards that local ordinances protecting archaeological and historic properties must include (to satisfy subsection (1)(b)).

3) Scope of applicability
- The section applies to decisions concerning proposed actions that are categorically exempt under:
- RCW 43.21C.229;
- RCW 43.21C.240;
- Actions identified through rulemaking under RCW 43.21C.110;
- Other statutes enacted or rules adopted establishing a categorical exemption on or after the section’s effective date.

Affected entities

State agencies and local governments issuing or approving categorically exempt land-use actions.

DAHP (as the standard-setter and partner for data-sharing and consultation).

Federally recognized tribes (through required written consultation agreements).

Possibly private applicants when actions are within local land-use decisions that touch protected resources.

Procedural and timeline aspects

Status: First reading and referred to Environment, Energy & Technology (introduced January 31, 2025).

If enacted, the new section would govern applicable upcoming categorically exempt actions and require local statutes and DAHP standards to be in place to satisfy the exemptions’ cultural-resource review requirements.

Potential impact and considerations

Could raise regulatory expectations for projects that would otherwise bypass SEPA review by requiring data-sharing, tribal consultation, or approved cultural resource management plans.

Encourages local ordinances with minimum DAHP standards to protect archaeological and historic resources.

May increase coordination burdens on state agencies, local governments, and tribes for exempt land-use decisions.

Exemption-specific triggers depend on the effective date and future exempt-by-statute actions enacted after that date.

Bill