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AGO Opinions with Topic: WETLANDS
AGO 1991 No. 9 >  March 12, 1991
WETLANDS - PUGET SOUND WATER QUALITY AUTHORITY - DEPARTMENT OF ECOLOGY - CITIES AND TOWNS - COUNTIES
WETLANDS ‑- PUGET SOUND WATER QUALITY AUTHORITY ‑- DEPARTMENT OF ECOLOGY ‑- CITIES AND TOWNS ‑- COUNTIES Chapter 90.70 RCW authorizes the Puget Sound Water Quality Authority to make recommendations regarding the protection of wetlands.  However, chapter 90.70 RCW does not empower the Authority to set minimum standards for wetlands protection or to require local governments to adopt the Authority's recommendations.
AGO 1991 No. 21 >  June 11, 1991
GOVERNOR - EXECUTIVE ORDER - LEGISLATURE - WETLANDS
AUTHORITY OF GOVERNOR TO ISSUE EXECUTIVE ORDER HAVING THE FORCE AND EFFECT OF LAW The legislative authority of the State of Washington is vested in the Legislature.  In absence of a statute or constitutional provision that serves as a source of authority authorizing the Governor to act, the Governor cannot create obligations, responsibilities, conditions or processes having the force and effect of law by the issuance of an executive order.
AGO 1989 No. 21 >  December 19, 1989
WETLANDS - DEPARTMENT OF ECOLOGY - PUGET SOUND WATER QUALITY AUTHORITY
WETLANDS ‑- PUGET SOUND WATER QUALITY AUTHORITY ‑- DEPARTMENT OF ECOLOGY 1.The Department of Ecology has limited authority under chapters 90.48, 90.54 and 90.58 RCW, and certain other statutes to adopt wetlands rules as envisioned in the 1989 Puget Sound Water Quality Authority Management Plan; the exact extent of this authority requires a point-by-point analysis of the subjects covered in the Plan and the type of rule envisioned.2.Chapter 90.70 RCW, creating the Puget Sound Water Quality Authority and authorizing the development of a management plan for Puget Sound, granted no additional authority to the Department of Ecology to engage in wetlands regulation; thus, in implementing the plan, the Department is limited to activities the Department had pre‑existing statutory authority to undertake.
AGO 2008 No. 1 >  January 3, 2008
GROWTH MANAGEMENT ACT - WETLANDS - DEPARTMENT OF ECOLOGY - AGRICULTURE
Application of Growth Management Act to siting a wetlands mitigation bank 1.  The Growth Management Act (GMA) does not apply directly to a site-specific decision such as siting a wetlands mitigation bank, although the GMA applies to the development regulations and comprehensive plans.  2.  Certification of a wetlands mitigation bank by the Department of Ecology does not legally obligate a county to issue required permits for the bank.  3.  The Department of Ecology’s certification of a wetlands mitigation bank does not make the Growth Management Act (GMA) or the State Environmental Policy Act (SEPA) inapplicable.  4.  The substantive provisions of the Growth Management Act (GMA) do not apply to the Department of Ecology’s certification of a wetlands mitigation bank.
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