Habitat Recovery Pilot Program

Projects approved for inclusion in the pilot program are not subject to environmental review (RCW 43.21C.030(2)) under the State Environmental Policy Act (SEPA) and are not required to obtain local or state permits or approvals other than the Hydraulic Project Approval (HPA) permit issued by WDFW, except permits required for participation in a federal program (RCW 77.55.480(3) and (5)).

The permit tables below provide local, state, and federal reviews identified for HRPP projects and categorize them as "needed" or "not needed". For assistance determining other permits potentially required, refer to the Governor’s Office for Regulatory Innovation and Assistance.

If your project includes any federal reviews, Diane Hennessey (Hennessey.Diane@epa.gov) at the Environmental Protection Agency (EPA) can help you navigate the federal regulatory process. Learn more about EPA’s permit streamlining efforts with the Multi-Agency Review Team (MART).

Local permits

The Fish Habitat Enhancement Project (FHEP) process is an existing program for streamlining the approval of four specific types of restoration projects:

1. Elimination of human-made or caused fish passage barriers;
2. Restoration of an eroded or unstable stream bank employing the principle of bioengineering;
3. Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks; or
4. Restoration of native kelp and eelgrass beds and restoring native oysters.

The HRPP does not restrict qualifying applicants based on project type. In addition, the approving pathways for FHEP are different from HRPP. See RCW 77.55.181 and WAC 220-660-050(3) for more details on FHEP.

The qualification requirements for pilot program proposals are described in RCW 77.55.480(2)(a)-(d). Before initiating the qualification process, project proponents are encouraged to contact the HRPP Coordinator (HRPP@dfw.wa.gov) for guidance.

To qualify for the permit review and approval process, a project application must satisfy the following:

Project requirements

An environmental restoration project must directly benefit freshwater, estuarine or marine fish, or their habitat and must be included on a list of projects reviewed, approved, or funded by one of 13 specific restoration programs (RCW 77.55.480(2)(a)).

Local, state, and federal flood risk requirements

A project must document consistency with local, state, and federal flood risk reduction requirements (RCW 77.55.480(2)(b)). Before applying to the program, proponents must initiate review by the local government with jurisdiction—the county or city where the project would be located—concerning their floodplain ordinance. We encourage early engagement with your local government before applying to the program.

Local governments can find more information on floodplain management, guidance, and technical assistance from the Department of Ecology, the state's lead agency for flood risk reduction.

Cultural resource protection requirements

A project applicant or funding agency must review the project with the Department of Archaeology and Historic Preservation (DAHP) and complete any required site surveys before applying to WDFW. A project applicant must document consistency in the application with applicable cultural resource protection requirements, including agreement with federal review where applicable (Section 106). See RCW 77.55.480(2)(c).

Funding agency coordination. Project proponents should check with the project funding agency before contacting DAHP or affected tribes directly. For example, the Recreation and Conservation Office (RCO) manages grants for many of the projects reviewed, approved, or funded through the 13 restoration programs listed in RCW 77.55.480(2)(a). RCO reviews and consults on projects following GEO 21-02 and Section 106 and you may request a copy of their determinations. 

For projects that fall under federal jurisdiction—such as activities near waters requiring a permit from the U.S. Army Corps of Engineers—cultural resources review may not be considered complete until the federal review process is finished and documentation of that approval is provided by the applicant. In these instances, RCO, in consultation with DAHP, may only consider cultural resources review complete pending federal review. Refer to RCO’s grant requirements for more information.

Project proponent coordination. When grant funding for projects is not managed through RCO, and another funding agency does not coordinate cultural resources review, proponents must follow the steps outlined in RCW 77.55.480(2)(c). These steps include providing copies of the application to DAHP and affected federally recognized tribes at least 60 days before applying to WDFW. See DAHP’s guidance on conducting an archeology project review to determine effects on cultural resources, as well as tribal consultation information.

Land use authorization requirements

For a project that requires a lease or other land use authorization from the Department of Natural Resources (DNR) because of its location on state-owned aquatic land, the applicant must provide the project proposal to DNR at least 30 days before applying to WDFW. The project applicant must include in their application to WDFW a signed Joint Aquatic Resources Permit Application (JARPA) Attachment E (RCW 77.55.480(2)(d)). If you are unsure whether or not your project occurs on state-owned aquatic land, please reach out to your DNR Aquatics Land Manager in advance of your application to WDFW to avoid delays.

An applicant must use WDFW’s online Aquatic Protection Permitting System (APPS) to apply for an HPA under the HRPP (See: Instructions on applying via APPS for an HPA under the HRPP (PDF)). A complete application to WDFW must meet the requirements of a construction project in state waters (per RCW 77.55.021) and document consistency with the qualifications described in RCW 77.55.480(2), including inclusion in one of 13 specific restoration programs, consistency with flood risk reduction requirements, completion of cultural resources review, and acknowledgment from the DNR for those projects that occur on state-owned aquatic lands. An applicant must include a supplemental application form (PDF) and associated documentation affirming their understanding and completion of HRPP qualification requirements.

When applying to WDFW, the applicant must also provide a copy of the application to their local government, Multi-Agency Permitting Team members (refer to next section, "Review process"), and affected federally recognized tribes (RCW 77.55.480(4)(a)). 

If you are unfamiliar with the HPA application process, or would like to initiate the process before completing program qualification requirements, we encourage you to submit a general concept (pre-application) for review through APPS. A habitat biologist and HRPP Coordinator (HRPP@dfw.wa.gov) can then help you answer questions and offer early feedback.

For questions about using APPS, contact the WDFW help desk at 360-902-2422 or APPS.help@dfw.wa.gov.

Once WDFW determines that an HPA application for review under the program is complete (per RCW 77.55.021 and 77.55.480), WDFW notifies the local government, Multi-Agency Permitting (MAP) Team members (refer to table below), and affected tribes of the accepted application. WDFW habitat biologists then have 45 days to review, condition, deny, and/or issue a permit.

Within the first 25 days, any member of the local government, MAP Team, or affected tribes may request that the application be placed on “hold” and immediately convene a meeting with all parties to review and evaluate the project. The requesting entity must provide a basis for its concerns and potential pathways to address those concerns.

WDFW or, where applicable, the MAP Team shall exclude any project from the review and approval process under the program if it concludes the project may adversely impact human health, public safety, or the environment, or if the project’s scope or complexity renders it inappropriate for streamlined review.

For details about the application review process, refer to RCW 77.55.480(4).

What is the Multi-Agency Permitting (MAP) Team?

The MAP Team was created under the HRPP to cooperatively navigate the new program and to provide a centralized review and evaluation process. The MAP Team consists of self-selected representatives from the state agencies listed below.