SEPA Infill Exemptions

Environmental Review Exemptions to Promote Infill Development and Housing
City of Spokane
PlanSpokane 2046

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Environmental Review Exemptions to Promote Infill Development and Housing Ch. 5 ▪ Appendices
December 2025 ▪ Draft EIS Appendix E ▪ Environmental Review Exemptions to Promote Infill Development and Housing

Environmental Review
Exemptions to Promote
Infill Development and
Housing

Prepared by: BERK Consulting, Inc. | December 2025

5.1 Introduction and Purpose

The City of Spokane is considering updating its thresholds for environment review consistent with the
housing and infill exemption provisions of the State Environmental Policy Act (SEPA) at RCW 43.21c.229
which encourages development of housing and mixed-use development consistent with
environmental evaluation of planned densities such as through an Environmental Impact Statement
(EIS), allowing for less duplication of evaluation effort and time at the project level since regulations
such as transportation concurrency, stormwater permits, critical areas regulations, shoreline
regulations, and others are meant to protect the environment.

Another avenue for streamlined review under SEPA includes raising categorical exemptions in using
flexible thresholds in state rules at WAC 197-11-800(1)(c) and (d). Spokane has raised exemptions
higher than the minimum categorical exemption thresholds but not made full use of thresholds to
limit review of minor new construction.

Under either of the SEPA exemption provisions, the City would help fulfill a strategy in its Housing
Action Plan (2021) to streamline permitting for housing.25

The City of Spokane is preparing a new EIS for its Comprehensive Plan periodic update due in 2026
which evaluates new residential, mixed use, and employment uses in the city over the 2022-2046

25 See: Spokane Housing Action Plan - City of Spokane, Washington. [https://my.spokanecity.org/housing/spokane-housing-action-plan/]

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period. The EIS also summarizes the federal, state, and local regulations that apply and serve as
mitigation. The EIS process provides notices to agencies and Tribes of the intent to provide for these
expanded exemptions and opportunities to comment.

This document outlines requirements, describes policies and regulations that mitigate impacts, and
identifies potential infill exemption locations and phasing.

5.2 Exemption Types

5.2.1 Infill and Housing Exemptions

To accommodate infill development in urban areas not meeting the density goals of a Comprehensive
Plan,26 the City can establish an infill exemption where development that is consistent with City
regulations is not required to undergo new environmental review, provided that the probable adverse
environmental impacts have been adequately addressed by local regulations and that the City’s
Comprehensive Plan was previously subject to an Environmental Impact Statement (EIS). The City of
Spokane is preparing a new EIS for its Comprehensive Plan periodic update due in 2026.

The provisions in RCW 43.21C.229 allow cities or counties (in urban growth areas) planning under the
Growth Management Act (GMA) to exempt residential development and raise SEPA thresholds for:
 Residential development;
 Mixed-use development; or
 Commercial development up to 65,000 square feet, excluding retail development;

Senate Bill 5412 (2023) added a new section at RCW 43.21C.229(3) allowing cities or counties (in urban
growth areas) to adopt a new SEPA exemption for all project actions proposing to develop housing
units provided:
 the development is consistent with all development regulations implementing a GMA
comprehensive plan;
 the development is consistent with the proposed use or density and intensity of use in the
designated infill area;
 the EIS prepared for the exemption analyzes multimodal transportation impacts, including impacts
to neighboring jurisdictions, transit facilities, and the state transportation system;
 the city or county has documented consultation with the Washington State Department of
Transportation including consideration of whether mitigation is necessary for impacts to
transportation facilities;

26 Places where the current density and intensity of use in the area is roughly equal to or lower than called for in
the goals and policies of the applicable comprehensive plan.

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 the environmental analysis documents that the comprehensive plan, subarea plans, adopted
regulations, and state and federal regulations adequately mitigate impacts in an environmental
determination (e.g., EIS or determination of non-significance); and
 there is a 60-day notice to affected tribes, state agencies, and other jurisdictions and public before
the environmental analysis is completed.

The Infill Exemption process is summarized in Exhibit 1.

Exhibit 1. Infill and Housing Exemption Process
Prepare Environmental Provide 60-day Develop ordinances.
Impact Statement (EIS) notice to affected Consider Adoption
evaluating infill, mixed tribes, relevant state of Infill and Housing Review Future
use, and housing agencies, other Exemptions in City's Permits for
development. jurisdictions that SEPA Rules. The Consistency with
•Identify how federal, state, may be impacted. effective date is 30 Ordinances.
and local regulations mitigate Consult with days after adoption.
impacts. WSDOT.

Categorical exemptions adopted under RCW 43.21C.229 (3) become effective 30 days after the
adoption of the enacting ordinance.
In the SEPA Handbook (2025)27, the Washington State Department of Ecology recommends that the
exemption clearly indicate:
 The level of residential or mixed-use development that will be exempt,
 The area where the exemption will apply, and
 How the exemption will be applied to a proposed project.

The Handbook also indicates that when an application for residential or mixed-use development is
received by local government, the city must:
 Compare the proposal to the adopted categorical exemption.
 Ensure the proposed density or intensity of the development does not exceed the density/intensity
levels established in the comprehensive plan.

This is consistent with WAC 197-11-800(6) that limits exemptions for rezones that require a
Comprehensive Plan Amendment.

New Exemption in Station Areas

Based on a 2025 amendment under HB 1491, a new section (5) was added stating that all project
actions that propose to develop residential or mixed-use development within a station area (along bus

27 See: https://apps.ecology.wa.gov/publications/documents/2506009.pdf.

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rapid transit such as the City Line in central Spokane) are categorically exempt from the requirements
of this chapter, subject to the rules of the department adopted according to RCW 43.21C.110(1)(a) [http://app.leg.wa.gov/RCW/default.aspx?cite=43.21C.110] that
provide exceptions to the use of categorical exemptions adopted by the department. See “Exceptions
to Exemptions” below. The Washington Department of Commerce is providing guidance on intensity of
development in station areas, and exceptions, by 2027.

5.2.2 Flexible Categorical Exemption Thresholds in SEPA Rules

SEPA provides for minimum exemption levels for minor new construction, as well as flexible
thresholds, where agencies may adopt the maximum level or a level between the minimum and
maximum level in Exhibit 2 in its SEPA rules, the City of Spokane has implemented 20% of single-
family residential exemption thresholds and 10% of multifamily exemption thresholds.

Exhibit 2: Categorical Exemptions – State Rules and City Regulations

Project Type SEPA Default SEPA Max. for Cities City of Spokane
Exemption Threshold (Incorporated Municipal Code
WAC 197-11-800(1)(a) UGAs) WAC 197-11- Section 17E.050.070 [https://my.spokanecity.org/smc/?Section=17E.050.070]
800(1)(d)

Single family residential 4 units 30 units 20
Single family residential 4 units 100 units 20
with the total square
footage less than 1,500
square feet
Multifamily residential 4 units 200 units 20
Office, school, commercial 4,000 sf 30,000 sf 12,000 square feet
(square feet) w/parking or 20 spaces 90 spaces and 40 parking
stand-alone parking lot spaces
Landfill or excavation 100 1,000 Up to 500 Cubic
(cubic yds) Yards

The City could adopt higher thresholds, which could vary by use or different geographic areas, and
mixed-use projects.

To raise thresholds, the City would follow a process similar to that identified for the infill and housing
exemption described earlier. The steps involve:
 Documentation of Existing Federal, State, and Local Regulations: Documentation that the
requirements for environmental analysis, protection and mitigation for impacts to elements of the
environment (listed in WAC 197-11-444 [http://app.leg.wa.gov/WAC/default.aspx?cite=197-11-444]) have been adequately addressed for the development
exempted. The requirements may be addressed in specific adopted development regulations, and
applicable state and federal regulations.

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 Documentation of Cultural and Historic Resources Regulations: Document how specific development
regulations and applicable state and federal laws provide adequate protections for cultural and
historic resources. The local ordinance or resolution shall include, but not be limited to, the
following:
 Use of available data and other project review tools regarding known and likely cultural and
historic resources, such as inventories and predictive models provided by the Washington
department of archaeology and historic preservation, other agencies, and tribal governments.
 Planning and permitting processes that ensure compliance with applicable laws including
chapters 27.44 [http://app.leg.wa.gov/RCW/default.aspx?cite=27.44], 27.53, 68.50, and 68.60 [http://app.leg.wa.gov/RCW/default.aspx?cite=68.60] RCW.
 Local development regulations that include at minimum pre-project cultural resource review
where warranted, and standard inadvertent discovery language (SIDL)28 for all projects.
 Transportation Outreach: Document the result of its outreach with the Department of
Transportation on impacts to state-owned transportation facilities, including consideration of
whether mitigation is necessary for impacts to state-owned transportation facilities.
 60-day Notice: Before adopting the ordinance or resolution containing the proposed new
exemption levels, provide a minimum of 60 days’ notice to affected tribes, agencies with expertise,
affected jurisdictions, the department of ecology, and the public and provide an opportunity for
comment. The requirements for notice and opportunity to comment must be specifically
documented.
 Findings: Description in the findings or other appropriate section of the adopting ordinance or
resolution of the locally established notice and comment opportunities for the public, affected
tribes, and agencies regarding permitting of development projects included in these increased
exemption levels.

5.2.3 “Exceptions” to Exemptions

Regardless of which SEPA provision is implemented for changing exemptions, the categorical
exemptions do not apply in the following cases when the project:
 Is undertaken wholly or partly on lands covered by water (WAC 197-11-756 [https://app.leg.wa.gov/WAC/default.aspx?cite=197-11-756]);
 Requires a license governing discharges to water that is not exempt under RCW 43.21C.0383 [http://app.leg.wa.gov/RCW/default.aspx?cite=43.21C.0383] such
as construction projects that are greater than 5 acres in size that require a NPDES construction
stormwater permit;
 Requires a license governing emissions to air that is not exempt under RCW 43.21C.0381 [http://app.leg.wa.gov/RCW/default.aspx?cite=43.21C.0381] regarding
air operating permits, or WAC 197-11-800 (7) regarding open burning or (8) variance from clean air
act requirements; or

28 The State Department of Archaeology and Historic Preservation has recommended SIDL language, available at:
https://dahp.wa.gov/archaeology/human-remains/recommended-inadvertent-human-remains-discovery-
language.

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 Requires a land use decision that is not exempt under WAC 197-11-800(6) such as rezones
requiring a corresponding Comprehensive Plan Amendment.

5.3 City of Spokane Environmental Regulations

The State Environmental Policy Act (SEPA) was passed by the Washington State Legislature in 1971.
The statute creates a review and evaluation framework centering on the identification and mitigation
of impacts to the natural and built environment.

Numerous state and federal laws also require that cities like Spokane to adopt regulations protecting
water quality, wetlands, streams, fish and wildlife, floodplains, archaeological and cultural resources,
air quality, noise, transportation, building, fire protection, energy, and more. The City of Spokane has
adopted numerous development regulations and can condition development through its permit
review process. See Exhibit 3.

Exhibit 3: Element of the Environment and Plans and Codes that Protect Environmental Quality

Environmental Topic Plans and Codes Addressing Environmental Topic

Earth See Water regarding erosion control. In addition:
 Chapter 17E.040 [https://my.spokanecity.org/smc/?Chapter=17E.040] Spokane Geologically Hazardous Areas
 Building and Construction Codes that regulate development in
seismic hazard [https://my.spokanecity.org/smc/?Section=17F.040.105&Find=Seismic] areas, Title 17F [https://my.spokanecity.org/smc/?Title=17F&Find=Seismic] Construction Standards, Section
17F.040.105 [https://my.spokanecity.org/smc/?Section=17F.040.105&Find=Seismic] Design Criteria
Air Quality Federal and State

 NAAQS: The EPA enforces the CAA, which establishes the NAAQS for
six criteria pollutants and sets emissions standards for vehicles and
fuels, stationary industrial facilities, and hazardous air pollutants.
 Washington State: Ecology develops and implements plans to ensure
compliance with NAAQS and has established state ambient air quality
standards. Washington State has also enacted the Washington Clean
Air Act.
 State Implementation Plan: The EPA reviews and approves
Washington’s State Implementation Plan, which provides tools to
restore air quality and meet NAAQS when one or more pollutants are
not in compliance.
 The State has enacted the Climate Commitment Act to cap and
reduce statewide GHG emissions with a goal of achieving a 95%
reduction by 2050. The State has also established the Clean Energy
Transformation Act, which commits the state to emissions-free

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Environmental Topic Plans and Codes Addressing Environmental Topic
electricity by 2045. The State’s Clean Buildings Performance Standard,
Clean Buildings Act, energy codes, and zero-emission vehicle
standards will also help the State and Spokane reduce greenhouse
gas emissions.

Regional/Local
 Spokane Regional Clean Air Agency (SRCAA), Air Quality Regulations, [https://spokanecleanair.org/air-quality/regulations-fees/]
and Federal Air Operating Permit (AOP) program, Notice of
Construction (NOC) Permit, Portable Source Permit (PSP), Outdoor
Burning requirements, Asbestos Requirements
 SRCAA Regulations: SRCAA’s core air quality regulatory code—
Regulation I—incorporates federal and state standards, while
including specific requirements for air quality measures within the
county.
 SRCAA is tasked with air quality monitoring, enforcement inspections,
permitting, and outreach with Spokane County.
Water, ground and Federal
surface
 Clean Water Act, 33 United States Code (USC) 1251 et seq., including
Sections 401—Water Quality Certification, 402—National Pollutant
Discharge Elimination System, and 404—Permits for Dredge or Fill
 Coastal Zone Management Act, 16 USC 1451 et seq.
 Section 14 of the Rivers and Harbors Act of 1899, 33 USC 408 (Section
408)
 National Flood Insurance Act of 1968 and Flood Disaster Protection
Act of 1973, 42 USC 4001 et seq.
 Floodplain Management Presidential Executive Order 11988
 Endangered Species Act (ESA) Biological Opinion for the
Implementation of the National Flood Insurance Program in the State
of Washington (National Marine Fisheries Service 2008)
 Safe Drinking Water Act, 42 USC 300 et seq., Chapter 6A

State & Regional
 Water Quality Standards for Surface Waters, Washington
Administrative Code (WAC) 173201A
 Water Quality Standards for Groundwater, WAC 173-200
 Flood Control Management Act, Revised Code of Washington (RCW)
86

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Environmental Topic Plans and Codes Addressing Environmental Topic
 Water Pollution Control Act, RCW 90.48
 Shoreline Management Act, RCW 90.58, WAC 173-26
 National Pollutant Discharge Elimination System (NPDES)
Construction Stormwater General Permit (Washington State
Department of Ecology [Ecology], 2020)
 National Pollutant Discharge Elimination System (NPDES) Eastern
Washington Phase II Municipal Stormwater General Permit (Ecology,
2024a)
 Stormwater Management Manual for Eastern Washington (Ecology
Manual) (Ecology, 2024b)
 Washington State Department of Transportation (WSDOT) Highway
Runoff Manual (WSDOT, 2019a)
 WSDOT Hydraulics Manual (WSDOT, 2024)
 WSDOT Temporary Erosion and Sediment Control Manual (WSDOT,
2019b)
 Washington State Hydraulic Code, WAC 220-660

Local
Chapter 17E.010 [https://my.spokanecity.org/smc/?Chapter=17E.010] Critical Aquifer Recharge Areas – Aquifer Protection

Chapter 17E.030 [https://my.spokanecity.org/smc/?Chapter=17E.030] Floodplain Management
Chapter 17E.060 [https://my.spokanecity.org/smc/?Chapter=17E.060] Shoreline Regulations

Chapter 17E.070 [https://my.spokanecity.org/smc/?Chapter=17E.070] Wetlands Protection
Chapter 17D.060 [https://my.spokanecity.org/smc/?Chapter=17D.060&Find=ati] Stormwater Facilities
Chapter 17D.090 [https://my.spokanecity.org/smc/?Chapter=17D.090] Erosion and Sediment Control
Spokane Regional Stormwater Manual (Spokane et. al., 2008)
Standards include:
1. Standard Specifications of the Washington State Department of
Transportation, latest edition.
2. General Special Provisions of the City of Spokane, latest edition.
3. City of Spokane Design Standards and Standard Plans, latest edition.
4. The Spokane Regional Stormwater Manual (SRSM), latest edition.
5. Spokane Aquifer Water Quality Management Plan. Spokane County,
Washington “208” Program. County engineers’ office.
6. Stormwater Management Manual for Eastern Washington
(SWMMEW), Washington State Department of Ecology, latest edition.
Spokane Aquifer Joint Board [https://www.spokaneaquifer.org/] Wellhead Protection Program

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Environmental Topic Plans and Codes Addressing Environmental Topic

Plants and Animals Federal

 Endangered Species Act (ESA): Provides a framework to conserve and
protect endangered and threatened species and their habitats from a
project’s effects. Section 7 of the ESA requires federal agencies to
ensure that their actions do not jeopardize the existence of listed
species or destroy or adversely modify designated critical habitat.
The ESA is administered by the U.S. Fish and Wildlife Service (USFWS)
and National Oceanic and Atmospheric Administration National
Marine Fisheries Service (NOAA Fisheries, or NMFS).
 Migratory Bird Treaty Act of 1918: Protects migratory birds, making it
illegal to take, possess, import, export, transport, sell, purchase,
barter, or offer for sale, purchase, or barter, any migratory bird, or
the parts, nests, or eggs of such a bird except under a valid federal
permit from USFWS.
 Bald and Golden Eagle Protection Act of 1940: Prohibits “take,”
including parts (including feathers), nests, or eggs of bald eagles
(Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos).
 Section 404 of the Clean Water Act: Requires authorization from the
Secretary of the Army, acting through the Corps of Engineers
(USACE), for the discharge of dredged or fill material into all waters of
the United States, including wetlands. A permit is required whether
the work is permanent or temporary.

State
 Chapter 220-610 WAC, State and Protected Species: Identifies the
federal ESA-listed species that are present in Washington and
establishes closed seasons and penalties for take of federally listed
fish species. It also identifies and classifies native wildlife species
needing protection in Washington; defines the listing, management,
recovery, and delisting processes; and establishes rules for bald eagle
management in Washington.
 Chapter 77.12.020 RCW, Wildlife to be classified: Empowers the
director of the Washington Fish and Wildlife Commission to
determine whether a species should be managed by WDFW, and to
classify it as protected, endangered, or as deleterious exotic wildlife
that is dangerous to the environment or wildlife of the state.
 Chapter 77.55 RCW, Construction Projects in State Waters: Requires a
Hydraulic Project Approval (HPA) from the Washington Department

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Environmental Topic Plans and Codes Addressing Environmental Topic
of Fish and Wildlife WDFW for any work that uses, diverts, obstructs,
or changes the natural flow or bed of any fresh water or saltwater of
the state of Washington, including wetlands.
 Chapter 220-640 WAC, Invasive/Non-native Species; Chapter 17.10
RCW, Noxious Weeds—Control Boards; and Chapter 16-750 WAC
State Noxious Weed List and Schedule of Monetary Penalties:
Establish the framework for regulating and controlling noxious weeds
in the state of Washington and designate the list of noxious weeds
that pose threats statewide and regionally.

Local
 Chapter 17E.020 [https://my.spokanecity.org/smc/?Chapter=17E.020] Fish and Wildlife Conservation Areas
 Chapter 17E.060 [https://my.spokanecity.org/smc/?Chapter=17E.060] Shoreline Regulations
 Chapter 17E.070 [https://my.spokanecity.org/smc/?Chapter=17E.070] Wetlands Protection
Energy and Natural Federal
Resources  National Electrical Code, as adopted by the National Fire Protection

Association

State
 2019 Washington State Clean Energy Transformation Act, amending
portions of RCW Titles 19 (Business Regulations – Miscellaneous), 43
(State Government – Executive), 80 (Public Utilities), and 82 (Excise
Taxes) to commit Washington to an electricity supply free of
greenhouse gas emissions by 2045.
 Washington State Energy Code, WAC Title 51, Chapters 11C and 11R

Local
 Electric Service Requirements administered by Avista
 Section 17F.040.010 [https://my.spokanecity.org/smc/?Section=17F.040.010&Find=ati] Adoption of Building Codes and Related
Washington State Codes, International Energy Conservation Code,
current adopted Edition, chapter 51-11C and 51-11R WAC.
 Section 12.05.030 [https://my.spokanecity.org/smc/?Section=12.05.030&Find=tif] Sustainable Public Buildings Requirements
Environmental Health State

 Model Toxics Control Act (MTCA) - Chapter 70A.305 [https://app.leg.wa.gov/rcw/default.aspx?cite=70A.305] RCW (MTCA law)
 MTCA Cleanup Regulations - Chapter 173-340 [http://app.leg.wa.gov/WAC/default.aspx?cite=173-340] WAC (MTCA rule, also
known as the MTCA Cleanup Rule)

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Environmental Topic Plans and Codes Addressing Environmental Topic
 Sediment Management Standards - Chapter 173-204-WAC [http://app.leg.wa.gov/WAC/default.aspx?cite=173-204] (SMS rule,
also known as the Sediment Cleanup Rule)
 Washington's hazardous waste management law [https://apps.leg.wa.gov/rcw/default.aspx?cite=70A.300] and dangerous [http://apps.leg.wa.gov/WAC/default.aspx?cite=173-303]
waste regulations.

Local
 Chapter 17F.080 [https://my.spokanecity.org/smc/?Chapter=17F.080] Fire Code
 Chapter 10.70 [https://my.spokanecity.org/smc/?Chapter=10.70&Find=ati] Noise Control, including Section 10.70.070 [https://my.spokanecity.org/smc/?Section=10.70.070&Find=ati] Maximum
Permissible Environmental Sound Levels
 Chapter 12.03 [https://my.spokanecity.org/smc/?Chapter=12.03&Find=edna] Airport Regulations
 Chapter 17C.182 [https://my.spokanecity.org/smc/?Chapter=17C.182&Find=edna] Fairchild Overlay Zones
 See also air quality.
Land and Shoreline Use  Title 17B [https://my.spokanecity.org/smc/?Title=17B] Comprehensive Plan and Sub-area Plans
 Title 17C [https://my.spokanecity.org/smc/?Title=17C] Land Use Standards
 Title 17D [https://my.spokanecity.org/smc/?Title=17D] City-wide Standards
 Title 17E [https://my.spokanecity.org/smc/?Title=17E] Environmental Standards including Chapter
17E.060 [https://my.spokanecity.org/smc/?Chapter=17E.060] Shoreline Regulations
Aesthetics  Chapter 17C.160 [https://my.spokanecity.org/smc/?Chapter=17C.160&Find=ing] North River Overlay District, Section
17C.160.020 [https://my.spokanecity.org/smc/?Section=17C.160.020&Find=ing] Views, Vistas and Site Coverage Design
 Section 17C.124.585 [https://my.spokanecity.org/smc/?Section=17C.124.585] Jefferson Street & Spokane County Courthouse
View Corridor
 Chapter 17C.250 [https://my.spokanecity.org/smc/?Chapter=17C.250] Tall Building Standards
Light and Glare  Chapter 17C.111 [https://my.spokanecity.org/smc/?Chapter=17C.111&Find=ing] Residential Zones, Section 17C.111.520 [https://my.spokanecity.org/smc/?Section=17C.111.520&Find=ing] Lighting,
Section 17C.111.420 [https://my.spokanecity.org/smc/?Section=17C.111.420&Find=ing] Open Spaces
 Chapter 17C.123 [https://my.spokanecity.org/smc/?Chapter=17C.123&Find=sta] Form Based Code Zones, Section
17C.123.050 [https://my.spokanecity.org/smc/?Section=17C.123.050&Find=sta] Parking and Pedestrian Connectivity
 Chapter 17G.070 [https://my.spokanecity.org/smc/?Chapter=17G.070&Find=ne] Planned Unit Developments, Section
17G.070.150 [https://my.spokanecity.org/smc/?Section=17G.070.150&Find=ne] Lighting
 Chapter 17C.180 [https://my.spokanecity.org/smc/?Chapter=17C.180&Find=ing] Airfield Overlay Zones, and
Chapter 17C.182 [https://my.spokanecity.org/smc/?Chapter=17C.182] Fairchild Overlay Zones
 Chapter 17E.060 [https://my.spokanecity.org/smc/?Chapter=17E.060] Shoreline Regulations (multiple districts address
Dark Sky)
Parks and Recreation  Open space per unit: Chapter 17C.111 [https://my.spokanecity.org/smc/?Chapter=17C.111&Find=ne] Residential Zones
 Plazas and Open Spaces: Chapter 17C.120 [https://my.spokanecity.org/smc/?Chapter=17C.120&Find=ne] Commercial Zones
 Spokane Parks Master Plan:
https://my.spokanecity.org/parksrec/master-plan/

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Environmental Topic Plans and Codes Addressing Environmental Topic

Historic and Cultural Federal and State
Preservation
Federal and state laws govern the designation and protection of cultural
resources, including but not limited to:
 National Historic Preservation Act (NHPA) of 1966, as amended,
known as Section 106, has implementing regulations (36 CFR Part
800), that require federal agencies, or those receiving federal grants
or funds, or a federal permit or license, to identify historic properties,
assess adverse effects, and resolve those adverse effects.
 Archaeological Resources Protection Act (ARPA) of 1979 protects
archaeological resources.
 National American Graves Protection and Repatriation Act (NAGPRA)
creates protections for Native American burial sites, remains, and
cultural objects.
 Washington Executive Order 21-02 (formerly 05-05) requires that
impacts to cultural resources must be considered as part of any
state-funded project or investment and must include consultation
with DAHP and with Tribal governments.
 Washington State law (RCW 27.53 and 27.44) protects archaeological
resources (RCW 27.53) and Indian burial grounds and historic graves
(RCW 27.44) located on both the public and private lands of the State.
 An archaeological excavation permit issued by the Washington State
Department of Archaeology and Historic Preservation (DAHP) is
required in order to disturb an archaeological site.
 Knowing disturbance of burials/graves and failure to report the
location of human remains are prohibited at all times (RCW 27.44
and 68.60).

Local
Shorelines: Section 17E.060.160 [https://my.spokanecity.org/smc/?Section=17E.060.160] Archaeological and Historic Resources
The City’s Shoreline Master Program (Section 5.2.4 Historic or
Archeological Impacts) includes regulations regarding stop work and
studies if cultural resources are encountered:
 For any use, activity or development, the project proponent, agent, or
applicant shall notify the Spokane Historic Preservation Office and
the Director whenever any archaeological or historical artifacts or
cultural resources are encountered during any grading or excavation.
All work on the project site shall cease immediately.

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Environmental Topic Plans and Codes Addressing Environmental Topic
 Work may resume only after the applicant, project proponent, or
agent and the Spokane Historic Preservation Office, the Washington
State Department of Archaeology and Historic Preservation, and
appropriate Tribal entities agree in writing on measures to protect
potentially affected archaeological or historic artifacts or cultural
resources.
 Spokane’s zoning code includes Chapter 17D.100 [https://my.spokanecity.org/smc/?Chapter=17D.100] Historic
Preservation, which addresses the nomination of historic landmarks
or districts. If there is a request for the demolition of an historic
landmark or a contributing building located within a local historic
district, the City’s Historic Preservation Officer and the Spokane
City/County Historic Landmarks Commission reviews the proposal
against criteria. The code also contains incentives such as façade,
utility, and sidewalk grants to support preservation. Section
17D.100.230 [https://my.spokanecity.org/smc/?Section=17D.100.230&Find=ing] of the Spokane Municipal Code specifically addresses
demolition permits for historic structures located within the
downtown boundary area, National Register historic districts, and
centers and corridors, which were recently incorporated into the
ordinance (Spokane City/County Historic Preservation Office, 2024).
 Chapter 17C.335 [https://my.spokanecity.org/smc/?Chapter=17C.335] Historic Structures – Change of Use
The Draft EIS identifies potential mitigation measures such as applying
shoreline master program requirements citywide and developing a
decision tree guiding the amount of documentation and consultation
depending on the potential risk of uncovering cultural resources.
Transportation Spokane’s existing regulatory framework ensures that transportation
improvements keep pace with growth and safety needs. Concurrency
and impact fees link development to capacity projects. When thresholds
are exceeded, intersection and corridor upgrades are advanced as part
of the City’s capital program. Frontage improvement requirements
ensure that adjoining sidewalks, curb ramps, crossings, and bike
elements are implemented to current standards as sites redevelop.
 Chapter 17G.010 [https://my.spokanecity.org/smc/?Chapter=17G.010&Find=ing] Building and Construction Permits
 Chapter 17H.010 [https://my.spokanecity.org/smc/?Chapter=17H.010] Street Development Standards
 Chapter 17H.020 [https://my.spokanecity.org/smc/?Chapter=17H.020] Complete Streets Program
 Chapter 17D.075 [https://my.spokanecity.org/smc/?Chapter=17D.075&Find=ne] Transportation Impact Fees: Spokane’s
transportation impact fee program links new development to
delivery of transportation network improvements identified in the
City’s capital/impact‑fee project lists. Fees collected at permitting are
restricted to eligible capacity and safety projects, so investments are

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Environmental Topic Plans and Codes Addressing Environmental Topic
made where growth occurs. Because the program is district-based,
revenues generated in growth areas can be directed to corridor and
intersection improvements that support concurrency and mitigate
impacts discussed within this EIS. In the West Plains, impact fees are
programmed to construct parallel roadways to US 2/Sunset Highway,
which will enhance east-west mobility as employment expands in the
area. In South Spokane, impact fees are programmed to convert S
Hatch Road and E 57th Avenue from side-street stop control to a
signal or roundabout, reducing delay and improving safety for all
users.
 Chapter 17C.420 [https://my.spokanecity.org/smc/?Chapter=17C.420&Find=ne] South Logan TOD Planned Action
Public Services  Fire: Chapter 17F.080 [https://my.spokanecity.org/smc/?Chapter=17F.080] Fire Code
 Fire  Fire: Chapter 17F.110 [https://my.spokanecity.org/smc/?Chapter=17F.110] International Wildland-Urban Interface Code
 Police  Fire/Police: An increase to local sales and use tax to support a Public
 Schools Safety Tax for criminal justice and fire protection became effective
April 1, 2025.
 Schools: The City addresses school demand and facilities in its Capital
Facilities Plan. The City implements safe routes to schools as part of
land use permit review.
Utilities Federal
 Water  Safe Drinking Water Act, 42 USC 300 et seq., Chapter 6A,
 Stormwater administered but the U.S. Environmental Protection Agency
 Sewer  Clean Water Act, 33 United States Code (USC) 1251 et seq., including
 Solid Waste Section 402 – National Pollutant Discharge Elimination System
(NPDES)

State
 Washington State Department of Ecology, WAC Title 173, Chapters
200-270, which includes administration of the NPDES program,
discharge and effluent standards, the waste discharge general permit
program, construction of wastewater treatment plants, and
construction and operation of combined sewer overflow reduction
facilities
 NPDES Wastewater Discharge Permit program, administered by the
Washington State Department of Ecology
 Wastewater Collection System Consent Decree, administered by the
Washington State Department of Ecology and U.S. Environmental
Protection Agency

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Environmental Topic Plans and Codes Addressing Environmental Topic
 Water Systems, WAC Title 246, Chapters 290-296, administered by
the Washington State Department of Health
 NPDES Industrial Stormwater General Permit, administered by the
Washington State Department of Ecology
 Stormwater Management Manual for Eastern Washington,
administered by the Washington State Department of Ecology
 Washington State Hydraulic Code, WAC Title 220, Chapter 660,
administered by the Washington Department of Fish and Wildlife

Local
Chapter 17G.010 [https://my.spokanecity.org/smc/?Chapter=17G.010&Find=ing] Building and Construction Permits, including
concurrency with utilities
Title 13 [https://my.spokanecity.org/smc/?Title=13] Public Utilities and Services
 Chapter 13.02 [https://my.spokanecity.org/smc/?Chapter=13.02] Solid Waste
 Chapter 13.03 [https://my.spokanecity.org/smc/?Chapter=13.03] Sewers
 Chapter 13.035 [https://my.spokanecity.org/smc/?Chapter=13.035] Water-Wastewater Rates
 Chapter 13.03A [https://my.spokanecity.org/smc/?Chapter=13.03A] Pretreatment
 Chapter 13.04 [https://my.spokanecity.org/smc/?Chapter=13.04] Water
 Chapter 13.08 [https://my.spokanecity.org/smc/?Chapter=13.08] Utility Cost Recovery Methods

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5.4 Potential Infill Exemption Location

To streamline development under SEPA exemptions, the City could consider a phased approach:
 Phase 1 infill exemption area: These are areas in the city that are already urbanized with less
environmental constraints and with greater access to multimodal transportation including transit.
These have opportunities for residential, mixed use, and small-scale commercial infill and
redevelopment to meet the City’s housing and job needs.
 Phase 2 infill exemption area: These are areas in the balance of the city limits that are developing
where there is less infrastructure. The City would have a greater understanding of the conditions of
approval needed in its standard permit process once the transportation impact fee and associated
updated Transportation Improvement Program are amended to implement the Comprehensive
Plan periodic update including the City’s multimodal levels of service.

Maps informing the phases are included on the following pages:
 Exhibit 4: Existing Hard (Impervious) Surfaces (2023)
 Exhibit 5: EIS Study Areas with Frequent Transit Routes (2025)
 Exhibit 6: Access to Frequent Transit within a Half and Quarter Mile Distance (2025)

Preliminary Phase 1 boundaries are included for consideration during the Draft EIS comment period:
 Exhibit 7: Phased SEPA Proposed Infill /Categorical Exemption Area

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Exhibit 4: Existing Hard (Impervious) Surfaces (2023)

Sources: City of Spokane, 2025; National Land Cover Dataset, 2023; Spokane County Aerial Imagery, 2024.

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Exhibit 5: EIS Study Areas with Frequent Transit Routes (2025)

Source: City of Spokane, BERK, 2025.

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Exhibit 6: Access to Frequent Transit within a Half and Quarter Mile Distance (2025)

Source: City of Spokane, BERK, 2025.

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Exhibit 7: Phased SEPA Proposed Infill /Categorical Exemption Area

Source: City of Spokane, BERK, 2025.

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