Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1991 NO. 9 >

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 1989 NO. 21 >

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.