Development

Services Manual

M 3007.01
April 2016

Engineering and Regional Operations

Development Division, Design Office
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 Foreword

Foreword

This Development Services manual is a major component of the Washington State

Department of Transportations (WSDOT) overall strategy to promote a consistent
statewide development review process and application of mitigation policies.
This manual reflects departmental policies and outlines a uniform system of procedures
and methods for:
Reviewing proposed developments;
Assessing development impacts to the state highway system;
Determining appropriate improvements and/or shared contributions to mitigate
the impacts;
Writing interlocal agreements and other agreements with local agencies and public
and private parties;
Considering access to the state highway system.
This manual specifically outlines WSDOTs authority and provides interpretive
guidance on existing statutes as they relate to development impacts to state highways.
The guidance provided in this manual allows room for regional variations within
a statewide framework of consistency. WSDOT seeks collaboration with local
agencies to achieve mutually acceptable solutions to transportation needs.
This manual has been prepared as a guide to WSDOT Development Services personnel.
This manual may also be used to provide guidance for local jurisdictions development
services staffs, developers and their consultants in their assessment of development
impacts and mitigation to the state highway system. The manual includes numerous
appendices of sample and model documents for the development review practitioner.
The primary goal of WSDOTs Development Services process is to help ensure that
the state highway system remains safe and has the capacity to move people and goods
efficiently. Two important objectives are: to provide a predictable development review
process for local governments and the development community; and to clarify WSDOT
expectations. Publishing this manual is an important step in meeting these objectives.

Amy Arnis
Deputy Director
Strategic Planning and Programming

Development Services Manual M 3007.00 Foreword

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Foreword

Foreword Development Services Manual M 3007.00

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 Contents

Contents

Chapter 1 Introduction 1-1

1.1.00 Purpose of Development Services Manual 1-1
1.1.01 How to Use the Manual 1-1
1.1.02 Manual Updates 1-2
1.1.03 WSDOT Development Review Organization 1-2
1.1.04 Why WSDOT Participates in Local Land Use Review 1-2
1.1.05 WSDOT Development Services Objectives 1-2
1.1.06 WSDOT Review Authority 1-3

Chapter 2 Coordinating Review and Response 2-1

2.1.00 Overview 2-1
PART 1 Long Range Planning and the Development Review Process 2-1
2.1.01 Similarities Between Long Range Planning and Development Review 2-1
2.1.02 WSDOT Highway System Plan (HSP) 2-2
2.1.03 Capital Improvement and Preservation Program (CIPP) 2-2
2.1.04 Route Development Plans and Corridor Plans 2-2
2.1.05 Local Agency Comprehensive Plans 2-2
2.1.06 Local Decision-Making Authority 2-2
2.1.07 WSDOTs Role in Local Development Review 2-3
PART 2 Responding to Land Use Proposals 2-3
2.2.00 WSDOTs Interest in the Proposal 2-3
2.2.01 Evaluating a Land Use/Development Proposal 2-4
2.2.02 Types of WSDOT Responses 2-5
2.2.03 Potential WSDOT Recommendations 2-5
2.2.04 WSDOT Response Letters 2-6
2.2.05 Mitigation in the Form of Conditions of Approval 2-7
2.2.06 Ways to Work Effectively with Local Partners 2-7
2.2.07 Internal Coordination 2-8
2.2.08 Coordination with Other WSDOT Units 2-8
2.2.09 Coordination with Other Groups 2-8
PART 3 Land Use Hearings 2-9
2.3.00 Ways to Participate Effectively in the Local Hearings Process 2-9
2.3.01 Burden of Proof 2-10
2.3.02 Oral Testimony and Written Evidence 2-11
2.3.03 Substantial Evidence 2-11

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Chapter 3 SEPA and GMA 3-1
3.1.00 Development Services Interaction with Local Agencies 3-1
PART 1 SEPA 3-1
3.1.01 Role of SEPA in the Development Review Process 3-1
3.1.02 History of SEPA and the SEPA Rules 3-1
3.1.03 Purpose and Intent of SEPA 3-3
3.1.04 What is a SEPA Proposal? 3-3
3.1.05 Who Can be a SEPA Lead Agency? 3-4
3.1.06 What is SEPA Substantive Authority? 3-4
3.1.07 Which Environmental Impacts Should WSDOT Normally Review? 3-4
3.1.08 What is a SEPA Environmental Checklist? 3-5
3.1.09 SEPA Categorical ExemptionsFlexible Thresholds 3-6
3.1.10 How is WSDOT Notified of Project Proposals? 3-7
3.1.11 What Are Some of the SEPA Notification Timelines? 3-7
3.1.12 What is A SEPA Threshold Determination? 3-8
3.1.13 SEPA Threshold DeterminationAssessing Significance 3-9
3.1.14 Mitigation Must Be Reasonably Related And Proportional
To The Developments Impacts 3-9
3.1.15 SEPA Determination of Nonsignificance (DNS) 3-10
3.1.16 SEPA Mitigated Determination of Nonsignificance (MDNS) 3-10
3.1.17 SEPA Determination of Significance/Scoping Notice (DS/Scoping) 3-10
3.1.18 SEPA Environmental Impact Statement (EIS) 3-10
3.1.19 What is a Nonexempt License? 3-11
3.1.20 Can a SEPA Lead Agency Withdraw a DNS, MDNS or a FEIS? 3-11
3.1.21 Does a SEPA DNS, MDNS, or FEIS Have a Time Limit? 3-11
3.1.22 SEPA Appeals 3-12
PART 2 GMA 3-12
3.2.01 Growth Management Act (GMA) 3-12
3.2.02 Which Counties and Cities are Subject to the Growth Management Act? 3-12
3.2.03 Growth Management Act Goals 3-13
3.2.04 Growth Management Act Substantive Mandates 3-13
3.2.05 Growth Management Act Comprehensive Plans 3-14
3.2.06 Growth Management Act Comprehensive Plan Elements 3-14
3.2.07 GMA Comprehensive Plan Transportation Element 3-14
3.2.08 GMA and Regional Transportation 3-16
3.2.09 Regional Transportation Planning Duties 3-16
3.2.10 Requirements for Regional Transportation Plans (RTPs) 3-16
3.2.11 How Does Development Services Use GMA? 3-17

Chapter 4 Analyzing Land-use Proposals 4-1

4.1.00 Overview 4-1
PART 1 Thresholds for Determining Probable Significant Adverse Impacts 4-1
4.1.01 Determining Probable Significant Adverse Impacts Is Not Easy 4-1
4.1.02 Documentation is Critical 4-2
4.1.03 Determining a Probable Significant Adverse Impact 4-2
4.1.04 Thresholds For Defining A Probable Significant Adverse Impact 4-2
4.1.05 Vehicular Trip Thresholds 4-3
4.1.06 Level of Service (LOS) Thresholds 4-3
4.1.07 WSDOT Channelization Thresholds 4-4
4.1.08 Safety Thresholds 4-4
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PART 2 Determining the Mitigation for a Probable Significant Adverse Impact 4-5
4.2.01 Obtaining Mitigation from a Developer 4-5
4.2.02 Traffic Mitigation Payment 4-5
4.2.03 Which WSDOT Projects are Candidates for a Traffic Mitigation Payment? 4-5
4.2.04 Which WSDOT Project Costs Should Be Used? 4-6
4.2.05 How are Traffic Mitigation Payments Collected by the WSDOT? 4-6
4.2.06 Time Limits on Collection of Traffic Mitigation Payments 4-6
4.2.07 When Should a Traffic Mitigation Payment be Collected? 4-7
4.2.08 Consistency is Important 4-7
4.2.09 How to Calculate an Intersection Traffic Mitigation Payment 4-7
4.2.10 How to Calculate a Highway Corridor Traffic Mitigation Payment 4-8

Chapter 5 Agreements 5-1

5.0.00 Overview 5-1
PART 1 Coordinating Plan Review 5-1
5.1.01 General 5-1
5.1.02 Time To Process An Agreement 5-1
5.1.03 Reimbursable Account 5-1
5.1.04 Plans Review Process 5-2
PART 2 Developer Agreements 5-3
5.2.01 General 5-3
5.2.02 Types of Developer Agreements 5-3
5.2.03 Developer Agreement Process 5-3
5.2.04 Developer Agreement Plans Review 5-4
5.2.05 Intersection/Channelization Plans 5-4
5.2.06 Construction Plans 5-5
5.2.07 Assembly, Execution, and Archiving of Developer Agreements 5-13
5.2.08 Surety Bond, Assignment of Escrow Account or Savings
Account/Certificate of Deposit 5-14
5.2.09 Construction Administration 5-14
PART 3 Interlocal Agreements 5-17
5.3.01 General 5-17
5.3.02 Legal Basis For Interlocal Agreements 5-17
5.3.03 Benefits 5-17
5.3.04 Basic Interlocal Agreement Elements 5-17
5.3.05 Local Jurisdiction Mitigation Commitment 5-18
5.3.06 How It Works 5-18
5.3.07 Who Is Affected? 5-19
5.3.08 When Is It Worth Doing? 5-19
5.3.09 TBD And LID Policy 5-19
5.3.10 Local Transportation Act (RCW 39.92) 5-19

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PART 4 Other Agreements 5-19

5.4.00 Overview 5-19
5.4.01 General Permits 5-19
5.4.02 Access Connection Permits 5-20
5.4.03 Developer Agreement: Construction by State At Developer
Expense (as a stand-alone project) 5-20
5.4.04 Developer Mitigation Agreement: Collection of Pro Rata Share
Contribution Toward a WSDOT Project. 5-20
5.4.05 Subterranean Monitoring Program 5-21
5.4.06 Transit Stop Permits 5-22

Chapter 6 Managed Access and Limited Access Highways 6-1

6.0.00 General 6-1
6.0.01 Access Permit Authority 6-1
PART 1 Managed Access Highways 6-1
6.1.01 General 6-1
6.1.02 Managed Access Highway Rules 6-2
6.1.03 Managed Access Definitions/Elements 6-2
6.1.04 Access Connection Permit Process 6-6
6.1.05 Highways Crossing Indian Lands 6-9
6.1.06 Tracking System 6-10
6.1.07 Coordinating Local Development Approval with
State Access Approval 6-10
6.1.08 WSDOT Construction Projects 6-11
PART 2 Limited Access Highways 6-12
6.2.01 General 6-12
6.2.02 Modifications For Private Access Approaches 6-13
6.2.03 Modifications for Public At-Grade Intersections 6-15

Chapter 7 Land Use Appeals 7-1

7.1.01 Purpose Of SEPA Appeals Chapter 7-1
7.1.02 Reaching A Successful Decision 7-1
7.1.03 Why Appeal? 7-1
7.1.04 Underlying Governmental ActionWhat Is It? 7-2
7.1.05 Appeal Requirements For Counties And Cities 7-2
7.1.06 Procedural Appeals and Substantive Appeals 7-3
7.1.07 Level of Appeals 7-3
7.1.08 Administrative Appeals 7-3
7.1.09 Judicial Appeals 7-4
7.1.10 Participating in the Local Land Use Process Prior to an Appeal 7-5
7.1.11 Questions To Ask To Determine If The WSDOT Should Appeal 7-6
7.1.12 Important Tips in Preparing for an Appeal 7-6
7.1.13 The Petitioner, The Respondent, And The Court 7-8
7.1.14 Standing To Appeal 7-9
7.1.15 Exhaustion Of Administrative Remedies 7-9
7.1.16 The RecordWhat Is The Record And Why Is It Important? 7-9
7.1.17 Building A Good Record 7-9
7.1.18 Important Tips for Building a Record 7-10

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APPENDICES
Appendix 1: WSDOT Development Services Staff
Appendix 2: Sample Response Letters Showing How Different Type of
Recommendations Can Be Conveyed
Appendix 3: Significant Court Case Decisions Affecting Developments
and Access Control
Appendix 4: Blank (To be inserted at future updates)
Appendix 5: Example of a Developer Agreement
Appendix 6: Developer Agreement/Access Permit Process Flow Chart
Appendix 7: Example of a Reimbursable Account Form
Appendix 8: Intersection/Channelization Plan for Approval Checklist
Appendix 9: Example of a Roadway Section
Appendix 10: Traffic Signal Permit Form
Appendix 11: A City Or County Interlocal Agreement Model
Appendix 12: Highway Access Management RCW 47.50
Appendix 13: Highway Access Management - Administrative Process WAC 468-51
Appendix 14: Highway Access Management - Access Control Classification
System and Standards WAC 468-52
Appendix 15: City Streets As Part of State Highways RCW 47.24
Appendix 16: Limited Access Facilities RCW 47.52
Appendix 17: Limited Access Highways WAC 468-58
Appendix 18: Limited Access Hearings WAC 468-54
Appendix 19: Application For Access Connection
Appendix 20: Access Connection Permit (Form224-005) and Example Including
Exhibits
Appendix 21: Blank (To be inserted at future updates)
Appendix 22: Sample Cover Letters When Sending Access Connection Permit Forms
Appendix 23: Example Road Approach Installation Checklist
Appendix 24: Bond forms, Assignment of Savings Account Certificate Of Deposit Form,
And Example Bond Release Letter
Appendix 25: Blank (To be inserted at future updates)
Appendix 26: Plan Review Checklist
Appendix 27: Construction Inspection Checklist
Appendix 28: Local Transportation Act
Appendix 29: LOS Standards Set By MPOs/RTPOs for Regionally
Significant (non-HSS) State Highways
Appendix 30: Developer Agreement Mitigation Form
Appendix 31: Guideline for Determining Responsibility for Developer-Required
Utility Relocation

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 Introduction

Chapter 1 Introduction

1.1.00 Purpose of Development Services Manual

The Development Review Manual (the Manual) is a reference handbook intended
primarily for internal purposes. The Manual is a compilation of information to help
WSDOT staff respond to local land-use development proposals that affect state
transportation facilities.
The Manual helps staff:
Understand the regulatory framework for WSDOTs participation in land use and
development review.
Participate effectively in the local land use process.
Coordinate internally to formulate a recommendation to a local government.
Consistently apply WSDOT policies and standards to local land use and development
reviews.
Assess the transportation impacts of a land use proposal.
Understand the options and the legal basis for WSDOT recommendations to local
governments.
Preserve the integrity of the state transportation system as land use changes.

1.1.01 How to Use the Manual

The Manual is organized into seven chapters.
Chapter 1 provides an overview of WSDOTs Development Review Program.
Chapter 2 explains the local land use process and gives general guidelines on working
effectively with local partners.
Chapter 3 explains the role of State Environmental Policy Act (SEPA) and the Growth
Management Act (GMA) in Development Services Review.
Chapter 4 explains the technical and policy analysis necessary for WSDOT to make a
recommendation on a local land use proposal.
Chapter 5 explains how to prepare and process various developer and local agency
agreements.
Chapter 6 explains the Access Management and Limited Access laws and access
permit review process.
Chapter 7 includes strategies and guidelines for participating in local land use
decisions and building a strong record for a potential appeal.
The Appendices include technical references, sample response letters, sample agreements
and a Model Interlocal Agreement with local agencies.

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Introduction

1.1.02 Manual Updates

The electronic WSDOT Intranet version will be updated periodically to keep the Manual
current. Web Link: http://www.wsdot.wa.gov/fasc/EngineeringPublications/
It will be important for users of the Manual to assist with keeping information current.
Please send your comments and updates to your Region Development Services Manager,
the Region Planning Manager or Headquarters Planning Office.

1.1.03 WSDOT Development Review Organization

The Development Review program is administered through WSDOTs six regional
offices. Coordinating internal review of land use and development proposals varies
among regions. In some regions, the Development Services staff takes the lead whereas
in other regions the Planning staff takes the lead in Development Review coordination
with local governments and other divisions within the WSDOT. It is important to
become familiar with WSDOTs organizational structure for your particular region and
to recognize where regional differences are appropriate and where state-wide interests
require consistent practices. Appendix 1 contains a list of WSDOT Development
Services staff.

1.1.04 Why WSDOT Participates in Local Land Use Review

WSDOT participates in local land use review to help protect the state transportation
system by working with local governments to mitigate the significant adverse impacts of
development.
The need to protect the state transportation system has become more pressing in recent
years due to the rate of population growth. The funding for transportation investments
has not kept pace with the states travel demand. The growth in travel demand, combined
with revenue shortfall, has increased the need to protect the existing state transportation
system and to ensure that development impacts are mitigated.

1.1.05 WSDOT Development Services Objectives

The objectives of WSDOTs Development Services Review Program are as follows:
Build positive relationships with our local partners, developers and citizens.
Provide expertise on development-related WSDOT standards and procedures to local
government, property owners and developers.
Provide professional review of the transportation impacts of proposed land use
changes and development projects.
Provide timely and consistent recommendations for mitigation of traffic impacts to
local governments based on local regulations and WSDOT policies and standards,
state statutes and administrative rules.
Work within the local land use process to obtain mitigation that is linked and
proportional to a developments impacts.
Help make decisions that strengthen the connection between land use and
transportation.

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 Introduction

1.1.06 WSDOT Review Authority

Coordination with WSDOT is sometimes required, i.e. when the proposed development
is adjacent to a state highway, but always encouraged when the State Highway is affected
by a proposed land use change or development.
Managed Access and Limited Access Laws1
Managed Access: RCW 47.50, WAC 468-51, and WAC 468-52 define WSDOT
authority, standards, and procedures for the management of access to non-limited access
state highway facilities to maintain functional use, highway safety, and preservation
of public investment consistent with adopted local comprehensive plans. Access
management issues and procedures are specifically addressed in Chapter 6.
Limited Access: RCW 47.52, WAC 468-54, and WAC 468-58, govern WSDOT
authority, standards, and procedures for the establishments of Limited Access highways
and the purchase of access, light, view and air rights from private property owners.
State Environmental Policy Act (SEPA)2
First adopted in 1971, the State Environmental Policy Act (SEPA) under RCW 43.21C
chartered Washington States environmental policy.
SEPA requires state agencies, counties, municipal cities and public corporations to
evaluate and determine mitigation for the environmental impacts of land use proposals.
Provisions of SEPA require the lead agency to involve agencies, tribes, and the general
public in most review processes prior to a final decision being made.
SEPA authorizes WSDOT to require developers to mitigate traffic impacts created by
their developments, if WSDOT is the permitting agency i.e. access permits;. Otherwise,
WSDOT must work through the local agencies to fashion developer mitigation
requirements. Mitigation may be in the form of developer constructed transportation
improvements, financial contributions to programmed WSDOT projects, and/or
dedication of property for right of way.
Growth Management Act (GMA)2
The Washington State Legislature passed the Growth Management Act in 1990,
amending it in later years. The GMA requires the fastest growing counties, and the cities
within them, to specify plans to mitigate the problems associated with growth.
GMAs Applicability to State Highways:
Impact Fees (RCW 82.02)
GMA impact fee statutes do not apply directly to state highways because
state highways are not included in the definition of public facility under RCW
82.02.090(7). They apply to city streets and county roadways only. The only
exceptions are San Juan and Island Counties where the only means of access to the
mainland is by state highway or ferry.

1 Refer to chapter 6 for more detail

2 Refer to chapter 3 for more detail

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Introduction

Level of Service (LOS) and Local Planning

The Legislature enacted RCW 47.06.140 in 1998 - the Level of Service Bill. The
main elements of the law are:
1. Local agencies must include transportation facilities of state-wide significance
(including interstate highways, interregional state principal arterials, and state-
wide ferry service) in their comprehensive plans consistent with the state-wide
transportation plan.
2. The WSDOT has the sole authority to set the LOS standards for highways
of state-wide significance (HSS)3, but it is required to consult with local
governments. For regionally significant state highways (Non-HSS), the LOS
is set through a collaborative process with Regional Transportation Planning
Organizations (RTPOs) and local governments.
3. Improvements to facilities and services of state-wide significance identified
in the state-wide multi- modal plan are essential state public facilities under
RCW 36.70A.200 (see RCW 47.06.140). No local comprehensive plan or
development regulation may preclude the siting of essential public facilities
(RCW 36.70A.200(5)).
While SEPA is the primary statutory authority for WSDOT to require mitigation from
developments that cause significant adverse impacts to state highways, the GMA plays
an important role in that it requires local agencies to include the LOS standards for state
highways of state-wide significance (HSS) within their comprehensive plans. These LOS
standards can then be used in assessing the need for mitigation measures.
Concurrency4
Local agency concurrency requirements do NOT apply to highways of state-wide
significance (HSS), except for San Juan and Island Counties, but DO apply to
regionally significant state highways (Non-HSS) (RCW 36.70A.070(6)C).
While state law clearly exempts highways of statewide significance (HSS routes)
from local concurrency regulation, it is not clear whether GMA applies concurrency to
state-owned facilities that are not of statewide significance. These regionally significant
state highways must be addressed in local comprehensive plans, have LOS standards
set regionally, but the law is silent in terms of including or exempting them from local
concurrency rules. Therefore, each local jurisdiction, with assistance from its legal
staff, will decide how to respond to the regional standard. If the regional LOS standard
is already compatible with the local standard previously set, then the local jurisdiction
may decide to do nothing other than acknowledge the regional LOS standard in its
comprehensive plan. Other options for local jurisdiction includes amending its existing
concurrency program to reflect the newly established regional LOS standard, modifying
its local concurrency program to make it more flexible with regard to regionally
significant state highways, or removing the state highway from the local concurrency
program.5

3 For definition and map of HSS highways, go to: http://www.wsdot.wa.gov/ppsc/hsp/HSS.htm

4 Also see "concurrency" in Chapter 3, section 3.2.07
5 From the Puget Sound Regional Council (PSRC) report on Adopted Level of Service Standards for
Regionally Significant State Highways, dated 1/13/2004,

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 Coordinating Review and Response

Chapter 2 Coordinating Review and Response

2.1.00 Overview
Proposed developments are looked at from a number of perspectives such as
transportation planning, traffic operation, safety, etc. Type and location of the
development influences how an individual project is evaluated. This chapter is
divided into three parts: Part 1 discusses state and local long range plans affecting the
development review process; Part 2 discusses how to evaluate a proposed development
and respond to the local agency; and Part 3 discusses how to participate in the local
agencys hearing process.

PART 1 Long Range Planning and the Development Review Process

2.1.01 Similarities Between Long Range Planning and Development Review
There are many similarities between the transportation planning and development review.
Both processes concern the interaction between transportation and land use and require
coordination and cooperation between WSDOT and local jurisdictions. Both analyze
traffic conditions and compare these conditions with level of service standards or design
criteria to determine if there will be mobility, safety, or environmental deficiencies. Both
analyze and identify potential solutions to mitigate or remove these deficiencies. Both
concern funding. The planning process prioritizes improvements and is the first step in
programming funds for funding projects by the state legislature. Identified solutions in the
development review process are used to determine the costs developers will be required
to pay to mitigate adverse impacts from the development.
Because of these similarities there is a close relationship between long range planning
and development review. For example, if a WSDOT improvement project has recently
been completed on a state highway as a result of the planning and programming
process, the additional traffic from a newly proposed development may not reduce
the level of service below standard and no mitigation from the developer would be
required. An identical new development in the vicinity of a different state highway that
has not been improved may generate enough traffic to require developer mitigation.
The below paragraphs briefly describe WSDOTs Highway System Plan (HSP), the
Capital Improvement and Preservation Program (CIPP) and Route Development and
Corridor Plans. All of these plans will identify if improvements are being planned on
a state facility. The CIPP will also provide an estimate of when the improvements are
programmed for funding. One reason to consult these plans concerns WSDOT right-
of-way (ROW) needs. The developers should take WSDOT improvement projects
into consideration in their final site development. If a proposed development borders
on WSDOTs highway which is programmed in the CIPP for improvements within the
next six years, part of the mitigation for the new development could be a right-of-way
donation or a developer contribution to WSDOTs highway improvement project costs.
Large developments that add significant traffic may also result in a need to develop a
different project improvement in the next planning or programming cycle.

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Coordinating Review and Response

2.1.02 WSDOT Highway System Plan (HSP)

The Washington State HSP is the element of Washingtons Transportation Plan (WTP)
that addresses the states highway system. The HSP is created in cooperation with
Metropolitan/Regional Transportation Planning Organizations (MPOs/RPTOs). It
includes a comprehensive assessment of existing and projected 20-year deficiencies on
our state highway system. It also lists potential solutions that address these deficiencies.
The HSP:
Forecasts future transportation needs based on WSDOT maintenance, operation,
preservation, mobility, safety, economic, and environmental programs.
Specifies objectives and supporting action strategies for our state highway system.
Serves as the basis for the capital investment goals and strategies and assessment of
needs for each program.
Assists local authorities and tribes in coordinating their comprehensive planning
process with future highway needs.

2.1.03 Capital Improvement and Preservation Program (CIPP)

The CIPP, also known as the 10-year Implementation Plan, is the reference point for
measuring biennial program delivery. The CIPP includes WSDOTs projected 10-year
capital improvement projects and cost estimates. The CIPP also communicates WSDOTs
plan to deliver projects funded during the legislative session.
CIPP is presented in CD format and can be found on WSDOT website:
http://www.wsdot.wa.gov/Accountability/Budget/CIPP.htm

2.1.04 Route Development Plans and Corridor Plans

Route Development Plans (RDPs) and Corridor Plans are planning studies on specific
state highway facilities to determine future deficiencies and proposed solutions.
These studies include analyses of operating conditions, environmental considerations,
population, and land-use changes as well as right of way and other issues affecting the
future of a state highway and its neighbors.
More information on Route Development Plans is available online at:
http://www.wsdot.wa.gov/ppsc/hsp/RDPlans.htm.
2.1.05 Local Agency Comprehensive Plans
Comprehensive Plans provide local agencies a legally recognizable framework for
making decisions about land use, transportation, public facilities, parks and open space.
The GMA defines a comprehensive plan as a generalized coordinated land use policy
statement of the governing body of a county or city. A comprehensive plan must include
land use, housing, capital facilities, utilities and transportation elements. It may include
other elements relating to physical development within its boundaries. The plan also
provides the basis for local agency development ordinances and capital improvement
programs.

2.1.06 Local Decision-Making Authority

Under SEPA and GMA, a local government makes local land use decisions. The
local decision-making authority is typically delegated to a hearings officer, planning
commission, city council, board of commissioners or administrative body such as a
Variance Committee or Design Commission. Each type of land use action has prescribed
procedures. Different kinds of procedures are subject to different requirements regarding
public notice, participation, approval criteria, hearings and appeal deadlines.
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 Coordinating Review and Response

2.1.07 WSDOTs Role in Local Development Review

WSDOT is considered an agency with Environmental Expertise in the local development
review process similar to local water, sewer, or fire protection agencies. As an agency
that possesses special expertise in the state transportation system, WSDOT has
established standards and policies for facility function and performance. These standards,
policies and local approval criteria are applied to the applicants development proposal
to form WSDOTs mitigation recommendations to the local government. The
responsibility for a local land use decision is with the local governing body. Like other
interested parties, WSDOT has the opportunity to appeal the local land-use decision.
(See Chapter 7 for additional information on appeals). WAC 197-11-920 specifies which
agencies have expertise in various environmental categories.

PART 2 Responding to Land Use Proposals

2.2.00 WSDOTs Interest in the Proposal
When a development application or notice is first received by WSDOT. it is reviewed
to determine if the proposal will impact state facilities. Region staff also uses their local
knowledge about problematic sections of highway that may have high accident rates,
substandard geometrics or other operational issues. Types of land use proposals that are
generally of interest to WSDOT are:
1. Development site is adjacent to a state highway;
2. Development proposes access to a state highway;
3. Development site is not adjacent to the state highway but contributes a significant1
number of trips to the highway.
4. Development site is located in the footprint of a future state highway alignment;
5. Land divisions or lot line adjustments for property with frontage on or proposed
access to a state highway;
6. Proposed noise-sensitive land uses adjacent to state highways;
7. Development site is located adjacent to a railroad right of way or could affect a rail
crossing;
8. Airport expansions;
9. Land use/development proposals that could affect state airport expansions, such as
cell towers, or noise-sensitive land uses in the vicinity of public use airports;
10. Aggregate resource sites;
11. WSDOT surplus property sales;
12. WSDOT turn back agreements;
13. Motorist signing and off premise outdoor advertising signs (billboards);
14. Cellular or microwave towers;
15. Comprehensive plan amendments and zone changes, (including map and text
amendments affecting transportation);
NOTE: Also see 3.1.07 under SEPA: Which Environmental Impacts Should WSDOT Normally
Review?

1 For definition of significant, refer to Chapter 4, Section 4.1.03 and 4.1.05.

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2.2.01 Evaluating a Land Use/Development Proposal

To assist in evaluating whether a proposed development will have the potential to impact
state highways, a set of questions has been developed. Keep in mind, this is a first
cut review, and Chapter 4 contains a detailed discussion of how to analyze a land-use/
development proposal.
For proposed development projects:
1. Could the proposal significantly impact a state highway, i.e. trigger signal or left turn
warrants; increase AM, PM peak hour trips or average daily traffic (ADT) on the
highway; add traffic to an already dangerous intersection or an intersection where
mobility standards are not met, or add more drainage into the state storm water
system?
2. Does the proposal include a direct access onto a state highway?
3. Will the proposal result in a change to an existing site access that will affect a state
highway?
For proposed comprehensive plan amendments or zone change:
Is there a proposed comprehensive plan amendment or zone change that could have a
significant impact on a state transportation facility?
NO: If the answer is NO to ALL of the above questions, then there is probably no
impact to a state facility and no further WSDOT analysis or response is required. The
WSDOT may wish to submit a letter to the local agency stating: WSDOT has no
objection to the proposal. This confirms to the local government that WSDOT received
notification and conducted a review.
YES: If the answer is YES to ANY of the above questions, then further review is
warranted, as follows:
Development Application Without Access to a State Highway
1. Has a Traffic Impact Analysis (TIA) been prepared and is it available? If a TIA
has not yet been prepared, is there an opportunity to work with the local agency or
developer on preparing a TIA?
Congestion and delay can be evaluated using two different methods:
If using level of service (LOS): Are there segments of the highway that are
below the LOS threshold or will fall below the LOS threshold as a result of the
development?
If using volume/capacity (v/c) ratio: Are there segments of the highway
that already exceed or will exceed the v/c ratio-threshold as a result of the
development?
2. Will the development overwhelm the local street network, causing traffic to reroute
to the state highway? Does the development anticipate future local streets connecting
to the state highway? Will the development provide for new streets, particularly those
that would offer a parallel, alternative route to the state highway?
3. Will the development trigger turn-lane/signal warrants and require highway
improvements.
4. Are there sections of the state highway with safety issues that will be impacted by
additional traffic generated by the development?

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5. Are there any additional adverse environmental impacts (e.g., storm water, noise)?
6. Will there be any outdoor advertising visible from a state highway?
NOTE: See Sections 2.2.02, 2.2.03, 2.2.04 and Appendix 2 for response examples.
Development Application With Access to a State Highway
In addition to the questions above, also consider:
1. Access Management compliance: How does spacing of the proposed access
connection conform to the highway classification set by the Access Management
requirements of Chapters 468-51 WAC and 468-52 WAC?
2. Limited Access compliance: Is the proposed access connection within a limited
access area? If it is, see Chapter 6, Part 2.
3. Access number and location: Can the development function with a single highway
access or can the access be shared or be located along a property line, etc?
4. Access Connection permit: Does the property have an existing, legal access?
5. Alternative accesses: Are there other ways to access the property besides the state
highway, such as using local streets or county roads?

2.2.02 Types of WSDOT Responses

WSDOT comments to local governments on land use/development applications are
made in the form of recommendations. It is the local government decision-making body
that makes the decision whether to require WSDOT requested mitigation measures.
In written and oral comments to a local government, make clear whether the WSDOT
recommendation(s) is simply a good practice being recommended or whether compliance
is supported by planning documents, or is mandatory to be consistent with local code,
state and federal law.
Different Types of Responses Will Include:
Mandatory/required by law (local code, state statutes and rules, and/or federal law and
case law).
Supported by planning documents (HSP, CIPP, and/or Comprehensive Plan).
Advisory (good practice).
Informational only (potential future issue, permit coordination/contacts).
NOTE: See Appendix 2 for some examples of WSDOT response letters.

2.2.03 Potential WSDOT Recommendations

No objection.
Support proposal.
Support proposal with certain conditions for approval.
Object to the proposal, but if possible, recommend a course of action that would make
the proposal acceptable to WSDOT. For example, the applicant may be responsible
for installing a traffic signal, or work with the local government to amend its
comprehensive plan, Local Improvement District or to identify a needed intersection
improvement. Funding mechanisms and a timeline for the mitigation measure would
be components of the recommendation.
Object to proposal and recommend denial.

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2.2.04 WSDOT Response Letters

In order for WSDOTs input to local governments to become part of the official decision
record, WSDOT must submit response letters. The response letters should be formal and
be written in terms of WSDOT requirements and applicable local codes, ordinances, etc.
The letters should be written to help the local decision-makers understand how state law
and WSDOT standards and practices relate to the local approval criteria. If WSDOTs
authority is in doubt, see Section 1.1.06 - WSDOT Review Authority.
WSDOTs comments are based on the materials submitted by the applicant and relevant
state laws, policies, practices and administrative rules. WSDOT comments include facts,
conclusions and recommendations. Because the local government has the authority
to interpret its own ordinance, WSDOT staff may want to state . . . It is WSDOTs
understanding that this requirement means that . . . to help define certain local code
provisions. Examples of WSDOT letters to local governments show how different types
of recommendations may be conveyed. See Appendix 2.
WSDOTs most common response to the local land use proposal is approval with certain
conditions. The conditions allow the applicant the opportunity to modify its plans to
meet local and state standards. The most common condition of approval proposed by
WSDOT is a requirement that the applicant obtain a state approach permit prior to final
development approval (e.g., issuance of the building permit). This helps ensure that
WSDOT-related conditions of approval pertaining to access are satisfied before the
building permit is issued. In this manner, the local and state regulations are coordinated.
Conversely, WSDOT may condition an access permit approval on demonstration of a
locally approved site plan that is consistent with the Access Management laws.
Include the following information in WSDOT letters to local governments to help
communicate and to establish a legally defensible position:
Local file number and project title.
Include a brief description of the proposal from the official land-use notice. Be clear
whether the review is for a new proposal versus a re-submittal by the applicant. If brevity
is appropriate, it may suffice to state the general nature of the development and add, As
described in the public notice.
Identify the applicable local approval criteria. The local planner can help provide this
information. It is not always apparent or included in the public notice. Quote regulations
as appropriate. The code or policy citation number may be adequate for a hearings officer
who might have familiarity with the local regulations. It may be beneficial to specifically
quote the code or policy language for a citizen commission.
Provide facts that pertain to the approval criteria. Example: The applicable level of
service threshold for this section of state highway is LOS D. Traffic generated by this
development will impact a highway segment or an intersection and cause it to fall below
the LOS threshold. The proposed number of new trips during the AM peak hour is 500.
Build-out of the development is expected to occur in the year 2006. Note: These are all
facts with no conclusion.
Provide conclusions that are clearly distinguished from the facts. You may wish to have
a section in the letter titled Conclusions, or you may wish to state the conclusion(s) in
the opening paragraph followed by the facts that support the conclusion(s). In this way
the decision-makers can more quickly understand the content of the letter. Example:
Based on our analysis the applicable LOS standards of Highway X can support the
additional traffic that will be generated by the proposed zoning change. WSDOT has no
objection to the proposal.

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Attach the traffic analysts comments if it is a contentious case. When this is done,
the cover letter can focus the reader on the impacts of the traffic analysis and the
recommended course of action. Attaching the traffic analysts comments can support the
conclusion(s) and recommendation(s) and demonstrates that professional analysis and
considered judgment were involved.
Recommend a course of action. Offer options when appropriate. Example: WSDOT
recommends the city do one of the following:
Provide WSDOT contacts as appropriate. Example: I can be reached at (phone
number) should you have any questions. Preferably, there is a single WSDOT
spokesperson. You may wish to include a list of WSDOT contacts as a standard part of
comment letters as shown in Appendix 2.
If you intend to be present at the hearing, say so in the letter. Example: I intend to
give oral testimony at the October 3rd hearing before the Planning Commission and look
forward to helping answer transportation related questions.
Request that the WSDOT letter be included in the record.
Request a copy of the written decision.
Copy the applicant and others as appropriate. List internal distribution to minimize
who the applicant should contact to resolve concerns. If this practice is not followed, the
applicant may contact other WSDOT people without your knowledge.

2.2.05 Mitigation in the Form of Conditions of Approval

Local governments are required to adopt regulations that include: A process to
apply conditions to development proposals in order to minimize impacts and protect
transportation facilities, corridors or sites as a part of implementation of the SEPA.
Typically, either the applicants Traffic Impact Analysis (TIA) includes recommended
mitigation or WSDOT staff recommends mitigation. The state should secure the local
governments concurrence on the proposed mitigation.
It is important to identify a mechanism to ensure the applicant is responsible for the
identified mitigation. This is usually done through conditions of approval and proposed as
part of the applicants submittal and reflected in the record of decision. If the mitigation is
substantial or exceeds the proportionate share of the applicants impact and the applicant
is not willing to make the improvements, other remedies or denial may be appropriate.
Section 3.1.14 and Chapter 4 of the Manual discuss mitigation in more detail.

2.2.06 Ways to Work Effectively with Local Partners

The following strategies can help WSDOT work with local partners on land use/
development reviews:
1. Work with local governments to notify WSDOT of major development proposals on a
pre-application basis.
2. Attend pre-application meetings. Identify information that needs to be included in the
land use application in order for the applicant to address the approval criteria. Provide
written comments either brought to the meeting or following the meeting. Provide
internal contacts and the best information available. Try to resolve conflicts.
3. Know the local approval criteria. This is essential because it forms the primary basis
for the decision. The local approval criteria are the regulations in place at the time
of the application submittal. Note that comments do not have to be limited to the
criteria identified by the local planning department. Identify laws, policies, plans

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and standards that are applicable to WSDOT facilities which need to be included as
part of WSDOTs analysis. The approval criteria may include previous conditions of
approval that apply to the site. For example, the site may be part of a planned unit
development (PUD) or Local Improvement District (LID) that has specific approval
criteria that apply at the time of development.
4. Know the review process: timelines, decision-making body and appeal process.
5. Provide timely responses. Respond to the local government in time to get the
WSDOT comments included in the staff report and recommendation. You may wish
to provide the local staff with an electronic version of your letter so they can easily
incorporate WSDOTs comments and recommendations into the staff report.
6. Provide the local staff with the actual condition of approval language versus merely
an idea of what is needed. This provides clarity and helps the local staff. The
condition language should address when the condition is to be performed. Stating that
the condition is to be performed prior to the issuance of the primary building permit
usually works well. It may be helpful to discuss the language of the condition with
the local staff to see if there are ways the condition can be written to best fit with
their development and/or building permit review process. The local staff is authorized
to make their own recommendations and offer improved language following the
receipt of the WSDOT comments. Having a uniform position with the local staff
helps eliminate confusion and enhances WSDOTs chances of securing the decision-
making bodys approval.

2.2.07 Internal Coordination

For the agency to successfully participate in the local land use process, the responding
WSDOT Development Services representative must ensure the agency speaks with
one voice. This means contacting other units of WSDOT, as well as managers, prior to
submitting a comment letter. The specifics of the development proposal will dictate
which of the parties listed below should be brought into the review. Depending upon
the impact a development may have, the WSDOT Development Services representative
may need to inform the Region Planning Manager and Region staff for their input before
submitting the agencys response.

2.2.08 Coordination with Other WSDOT Units

WSDOT is one of the most complex state agencies in terms of roles, responsibilities and
regulations. Below are examples of units that may need to be contacted for input or just
to discuss problems and possible solutions to a development application. It is preferable
to begin with staff at the Regional level.
Traffic Section: The appropriate Regional Traffic Sections should handle all traffic
related issues. Traffic Analysis, Channelization Plans, Electrical Design, Traffic
Control and signing, both public and private, are the major responsibilities of this
group. Regional Traffic is responsible for regulating signs on private property that
are visible from the state highway, logo signs for gas, food and lodging, and tourist-
oriented directional signs (motorist signing). In some Regions, motorist signing is the
Maintenance Sections responsibility.
Hydraulics/Water Quality Section: The Hydraulics Section, a subgroup within the
Environmental Section, has staff in both the Regions and Headquarters. This section
can assist in assessing drainage and water quality compliance issues. WSDOT Drainage
Permits, however, are handled through the Region Utilities Section.

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Utilities Section: The Regional Utilities Section is responsible for coordinating with
utility providers to locate or re-locate utilities for development projects. It is also
responsible for electrical service agreements, permits for utility encroachment onto state
highway property, and coordination with Headquarters Utilities Section. It may also be
responsible for handling railroad grade crossings and coordinating with the railroads for
affected private rail crossings.
Environmental Section: This section has staff both in the Regions and Headquarters.
Environmental issues can range from threatened and endangered species to wetlands to
historic buildings.
Long Range Planning: The Regions have long-range planners who should be familiar
with local government comprehensive plans.
Access and Hearings Section: This section, based at Headquarters, is the approving
authority for any encroachment within State limited access right of way.
Real Estate Services Section: This group handles air space leases, easements and real
property transactions such as right of way donations and purchases. Most issues are dealt
with at the Regional level.
Attorney Generals Office: Attorney Generals Office is available to assist WSDOT
for all legal matters. This could include reviewing developer agreements, hearing
preparation, consultation on real estate transactions, public correspondence, politically
sensitive issues, etc.

2.2.09 Coordination with Other Groups

WSDOT has increased its commitment to work closely with local governments, other
agencies and the general public. This can result in the WSDOTs development review
responses extending beyond submitting letters to local government. Larger projects with
sensitive issues can require WSDOT staff coordination and interaction with the groups
following:
Local Planning and/or Public Works Departments: Local departments offer a wealth
of information regarding local plans, policies, land use ordinances and street standards.
WSDOT and local staff can work cooperatively to draft conditions of land use approval
that meet the requirements of the state and local governments.
Community Groups: Proactive outreach and education of local community groups can
provide WSDOT with critical support with regard to politically sensitive projects.

PART 3 Land Use Hearings

2.3.00 Ways to Participate Effectively in the Local Hearings Process
The following tips are intended to help WSDOT participate in the local land use hearings
process:
1. To prepare for a hearing, become familiar with the following:
Traffic analysis, if any
Relevant statutes
Local comprehensive plan text and map
Relevant ordinance (development code)
All materials filed by the applicant

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Staff reports
Previous proposals on the property
Other studies, plans and minutes relating to the proposal.
2. Discuss the proposal with the local staff. Try to get a feel for its position on the
proposal. You can use this as an opportunity to reach a consensus.
3. View the property.
4. Be familiar with the procedural rules such as the order of presentation of written
evidence and oral testimony, local jurisdictions appeal requirements and review
procedure.
5. Know all deadlines for submission of written evidence.
6. Know your audience. Try to find out the interests and inclinations of the local body
hearing the development application.
7. The WSDOT staff presentation can be either in writing or oral. You will have a better
opportunity to persuade the local hearing body if you are present and can respond to
questions. If an oral presentation is given, it should also be submitted in writing.
8. Carefully listen and take notes on the other testimony presented in order to be
prepared to rebut any evidence submitted by others that contradicts WSDOTs
testimony, whether WSDOT is the proponent or opponent. (See discussion on Burden
of Proof in Section 2.3.01).
9. If WSDOT is the proponent of a land use action, listen carefully for any additional
criteria raised by the opposition. If additional criteria are raised, staff may need to
explain why they are not applicable or submit evidence to show why the proposed
change complies with the criteria.
10. If WSDOT is the opponent to the land use decision, do not rely on the local
government to identify all applicable criteria. If you believe certain decision criteria
apply, but have not been identified by the local jurisdiction, discuss the matter with
the local government staff, and be prepared to identify that criteria in testimony.
11. Identify if the development proposal will have a significant adverse impact(s) on
transportation facilities per RCW 43.21C (SEPA), and clearly explain how and why.
12. Identify if the development proposal amends a functional plan, acknowledged
comprehensive plan or land use regulation, and clearly explain how and why.
13. Use charts, maps and other graphics to explain your position.
14. Identify, by reference to number and name, all applicable statutes, administrative
rules, plan provisions and ordinances that are applicable to the land use decision.

2.3.01 Burden of Proof

The proponent of land use/development application has the burden of proof in
demonstrating that the application meets all applicable legal standards and review
criteria. This applies to the applicant initially and then to the local government whenever
a decision approving the proposal is made in full or in part. Professionally prepared
traffic impact analyses are often submitted as part of the land-use application to address
the burden of proof.

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2.3.02 Oral Testimony and Written Evidence

It is extremely important when providing either oral testimony or written evidence,
during the local jurisdictions hearing process, that WSDOT include all the facts,
analyses, and conclusions and/or opinions in WSDOTs possession. The oral testimony
or written evidence must be clear, accurate, and presented in a logical sequence. It must
be complete, since WSDOT may not get a second opportunity to supplement the hearing
record or submit additional information or analysis. WSDOT must clearly define what
mitigation conditions it is seeking and describe why the conditions are necessary, giving
the appropriate facts and analyses upon which WSDOT is basing its opinion. Providing
complete information in an understandable manner will assist the hearing judge, panel, or
commission in making a decision. In addition, making a clear and complete record will
greatly assist should the matter be appealed.

2.3.03 Substantial Evidence

Substantial evidence that the proposed change complies with the applicable criteria must
be contained in the record of decision. Substantial evidence is evidence a reasonable
person would accept as adequate to support a conclusion. The proponent must provide
evidence to show that the applicable criteria have been met. The burden then shifts to
the opposition to show why this evidence is not substantial, i.e., it does not address the
criteria, the person presenting the evidence is not qualified, etc. If the opposition provides
evidence that detracts from the proponents evidence, the burden shifts back to the
proponent to bolster his or her evidence. The bottom line is, if you are the opponent, you
cannot simply mention applicable criteria and rest. You need to see whether the proponent
then provides evidence to show why those criteria are not applicable or have been met.
If they do so, you should try to rebut their testimony. Opponents do not always get an
opportunity to rebut.
The usual sequence for giving testimony at a land use hearing is:
Applicant
Other Proponents
Opponent
Applicants Rebuttal

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Chapter 3 SEPA and GMA

3.1.00 Development Services Interaction with Local Agencies

In order to effectively carry out the WSDOT development review program, it is very
important to have a good understanding of the State Environmental Policy Act (SEPA).
It is also necessary to have a general understanding of the Growth Management Act
(GMA), the local Comprehensive Plans required by GMA, and the different types of local
land use reviews. While most land-use procedures are common among local agencies,
no two local governments operate exactly the same way. It is very helpful to familiarize
yourself with the various local zoning codes and development regulations in your region.
Making contact and getting to know on a first name basis some of the personnel within
the applicable local agencies is a very effective way to learn the local zoning codes,
development regulations, and environmental regulations. Searching the local agency
internet sites can also provide an effective source of information about that local agency.
The Department of Ecologys homepage is a valuable resource for information on SEPA.
And of course, your regional environmental staff and web pages (including the various
Region Development Services Homepages), can be very useful and beneficial to the
statewide Development Services staff.

PART 1 SEPA
3.1.01 Role of SEPA in the Development Review Process
The State Environmental Policy Act (SEPA) Chapter 43.21C RCW provides the statutory
basis for protecting the environment of the state. Among other things, this law requires
all state and local governments within Washington to:
Utilize a systematic, interdisciplinary approach which will ensure the integrated use
of the natural and social sciences and the environmental design arts in planning and in
decision making which may have an impact on mans environment and,
Ensure that environmental amenities and values will be given appropriate
consideration in decision making along with economic and technical
considerations
The policies and goals in SEPA supplement the other environmental statutes of all
branches of government of this state, including state agencies, counties, cities, districts,
and public corporations.

3.1.02 History of SEPA and the SEPA Rules

First adopted in 1971, the State Environmental Policy Act (SEPA) RCW 43.21C is
Washington States basic environmental protection mandate. Prior to its adoption, the
public had voiced concern that governmental decisions did not reflect environmental
considerations. State and local agencies had responded that there was no regulatory
framework enabling them to address environmental issues. SEPA, modeled after the
1969 National Environmental Policy Act (NEPA), was created to fill this need. It
permits and requires agencies the tools to allow them to both consider and mitigate for
environmental impacts of proposals. Provisions were also included to involve the
public, tribes, and interested agencies in most review processes prior to a final decision
being made.

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SEPA contains a number of broad policy statements, but little specific direction. In
1974, the Council on Environmental Policy was created by the Legislature and instructed
to write rules to interpret and implement SEPA. The Council was directed to write
consistent procedures, to reduce duplication and wasteful practices, to encourage public
involvement, and to promote certainty. These regulations were adopted in 1976 as the
SEPA Guidelines, Chapter 197-10 WAC (repealed in 1984 and recodified under Ch.
197-11 WAC). The SEPA Guidelines included specific procedural requirements and
introduced the concepts of categorical exemptions, lead agency responsibilities, and the
threshold determination process.
In 1981, the Legislature created a second committee, the Commission on Environmental
Policy, to evaluate and suggest possible amendments to SEPA and the SEPA Guidelines.
The Commissions goals were to reduce unnecessary paperwork, duplication, and delay;
simplify the guidelines; make the process more predictable; and improve the quality of
environmental decision-making.
The Commissions evaluation resulted in several suggested changes to the SEPA process,
including:
A Mitigated Determination of Non-Significance (MDNS),
Requirements for shorter, more concise environmental impact statements (EIS),
A new environmental checklist format, and
Clarification of SEPAs substantive authority and of appeals procedures.
The work of the Commission formed the basis for the adoption of the current SEPA
Rules, Chapter 197-11 WAC, replacing the previous SEPA Guidelines. These rules
became effective on April 4, 1984.
The first amendments to the SEPA Rules occurred in 1995 when the Department of
Ecology added procedures for the integration of SEPA with the Model Toxics Control
Act and provisions for integration of SEPA into the Growth Management Act (GMA).
The designation of environmentally sensitive areas was also changed to allow the use
of critical area ordinances, adopted under GMA, as the basis for eliminating some
categorical exemptions.
In November 1997, the second set of SEPA Rule amendments became effective,
implementing the requirements of the 1995 legislation, Chapter 347, Laws of 1995. The
goal of Ch. 347 was to establish new approaches to make government regulation more
effective, and to make it easier and less costly for citizens and businesses to understand
and comply with requirements. With these goals in mind, Ch. 347 amended a number of
laws, including the SEPA, Growth Management Act and Shoreline Management Act.
State or local agency decisions are the hub of SEPA. SEPA gives agencies the tools to
both consider and mitigate for the environmental impacts of proposals. If there is no
agency action, then SEPA is not required. If an agency action is required that involves
SEPA, then the SEPA process should be initiated early and done in conjunction with other
agency procedures.

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3.1.03 Purpose and Intent of SEPA

The purpose of SEPA is to ensure that environmental values are considered during
decision-making process by state and local agencies. SEPA Rules direct agencies to:
Consider environmental information (impacts, alternatives, and mitigation) before
committing to a particular course of action;
Identify and evaluate probable impacts, alternatives, and mitigation measures related
to land-use actions (including cumulative, short-term, long-term, direct and indirect
impacts);
Encourage public involvement in decisions;
Prepare environmental documents that are concise, clear, and to the point;
Integrate SEPA with existing agency planning and licensing procedures, so that the
procedures run concurrently rather than consecutively; and
Integrate SEPA with agency activities at the earliest possible time to:
1. Ensure that planning and land-use decisions reflect environmental values,
2. Avoid delays later in the process, and
3. Seek to resolve potential problems.
The environmental review process under SEPA is designed to work with other regulations
to provide a comprehensive review of a proposal. Most regulations focus on particular
aspects of a proposal, while SEPA requires the identification and evaluation of probable
impacts for all elements of the environment. Combining the review processes of SEPA
with other laws reduces duplication and delay by combining study needs, combining
comment periods and public notices, and allowing agencies, applicants, and the public to
consider all aspects of a proposal at the same time.

3.1.04 What is a SEPA Proposal?

SEPA authorizes agencies to condition or deny a proposal based on an agencys adopted
SEPA policies and environmental impacts identified in a SEPA document. Under SEPA
a proposal means a proposed action. A proposal includes both actions and regulatory
decisions of agencies as well as any actions proposed by applicants.
Proposals can be either project proposals, such as:
New construction
Demolition
Landfills
Exchange of natural resources
Or
Proposals can be non-project proposals, such as:
Comprehensive plans
Zoning
Development regulations
Not all proposals are required to have a thorough SEPA review. Some project proposals
will be categorically exempted from SEPA review if their size or type of actively is
unlikely to cause a significant adverse impact.

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3.1.05 Who Can be a SEPA Lead Agency?
For most proposals, one agency is designated as the lead agency under SEPA. The lead
agency is the only agency that is:
Responsible for compliance with SEPA procedural requirements;
Responsible for compiling and assessing information on all the environmental aspects
of the proposal for all agencies with jurisdiction; and,
Responsible for the threshold determination and for the preparation and content of an
environmental impact statement when required.
A responsible official represents the lead agency and is responsible for ensuring that an
adequate environmental analysis is done and that the SEPA procedural requirements are
met. The responsible official should be identified within the agencys SEPA procedures:
she or he may be a specific person (such as the planning director or mayor), a designated
person within an agency depending on the proposal, or an identified group of people
(such as an environmental review committee or the city council).
Most of the SEPA lead agency land-use proposals will be from a county or city, although
some proposals will be from a school district or other state agency with lead agency
status.
WSDOT will normally be the SEPA lead agency for state highway projects, with the
applicable Region Environmental Manager designated as the responsible official. It is the
Regions Development Services staff that will review and comment on all non-WSDOT
SEPA proposals forwarded to the WSDOT for review and comment.
Under SEPA, federal agencies and tribes have no authority and cannot be a SEPA lead
agency. If a federal agency or tribe proposes a project that requires a state or local
permit, the federal agency or tribe would then be considered a private applicant under
SEPA and would be responsible for only those steps that are normally required of such an
applicant.

3.1.06 What is SEPA Substantive Authority?

SEPA Substantive Authority is the regulatory authority granted to all state and local
agencies under SEPA to condition or deny a proposal to mitigate environmental impacts
identified in a SEPA document. To use SEPA substantive authority, the agency must have
adopted agency SEPA polices.

3.1.07 Which Environmental Impacts Should WSDOT Normally Review?

SEPA requires all state and local governmental agencies to consider the environmental
impacts of a proposal before making decisions. WSDOT would like to review all
proposed projects that may possibly have a significant adverse impact on the state
highway system.
The three areas of primary interest to WSDOT, depending on the size and location of the
proposal, are:
Traffic impacts,
Storm water impacts, and
Access needs and permitting.
In addition to the three types of impacts listed above, other impacts to the state highway
system may occur, such as noise impacts or off-premise outdoor advertising impacts.
However, it is the three impacts listed above that will constitute the vast majority of
project proposals that the Development Services staff will receive and review.
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3.1.08 What is a SEPA Environmental Checklist?

A SEPA Environmental Checklist is a standard form used by all agencies to obtain
information about a proposal. It includes questions about the proposal, its location,
possible future activities, and questions about potential impacts of the proposal on each
element of the environment.
The environmental checklist was designed to be as generic as possible to ensure that
it was applicable to every kind of development. The items on the checklist are not
weighted. The mention of one or more adverse impacts does not necessarily mean they
are significant. In most cases, if the questions are answered accurately and completely,
the impacts of a proposal can be ascertained. If necessary, the lead agency may request
additional information from the applicant after conducting the initial review of the
checklist.
The SEPA Environmental Checklist is comprised of 16 areas of the environment that
must be addressed. They are:
1. Earth
2. Air
3. Water
4. Plants
5. Animals
6. Energy and Natural Resources
7. Environmental Health
8. Land and Shoreline Use
9. Housing
10. Aesthetics
11. Light and Glare
12. Recreation
13. Historic and Cultural Preservation
14. Transportation
15. Public Services
16. Utilities
Of the sixteen areas of the environment list above, Water and Transportation are typically
the two most important areas Development Services staff must review in detail. Other
areas may also be reviewed such as Light and Glare and Utilities, but by far, the two most
important areas are Water and Transportation. The Water section will have details about
the proposals surface water runoff while the Transportation section will have details
about the proposals traffic impacts and possible mitigation measures, if any.
While some SEPA lead agencies will forward the environmental checklist to the
WSDOT before making their threshold determinations (e.g. DS, DNS, or MDNS),
other lead agencies will send the checklist to WSDOT only after making their threshold
determinations. In those cases, WSDOT will still have the opportunity to comment
on the proposal, but if the delayed checklist submission occurs on a frequent basis,
the WSDOT should be proactive to request the checklists be sent before the threshold
determinations are made.

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If the information provided is incomplete or insufficient for the WSDOT to make an

adequate review of the proposal, a request for additional information may be justified.
Usually, Development Services staff will request that the SEPA Lead Agency provide
a copy of the Traffic Impact Analysis (TIA) that was prepared for the proposal, or staff
will ask for a TIA to be prepared if one was not drafted in the first place. Development
Services staff may also request that the TIA be modified or updated to include issues
of importance to WSDOT. It is not uncommon for WSDOT to request additional
information of the proposal.

3.1.09 SEPA Categorical ExemptionsFlexible Thresholds

Categorical Exemptions are types of projects or actions that are typically not subject to
SEPA review. Proposals may be categorically exempt if their size or type of activity is
unlikely to cause significant adverse impacts. Exemptions apply to minor construction
activities and to some specific types of permits. Some WSDOT projects, such as simple
paving projects, will most likely be categorically exempt.
Most categorical exemptions use size to determine if a proposal is exempt. The SEPA
Rules allow cities and counties to raise the minimum exemption limit for minor new
construction to better accommodate the needs in their jurisdictions. For example, the
residential development threshold may be raised from the minimum 4 dwelling units
to 20 dwelling units, or anywhere in between. These flexible thresholds must be
designated through ordinance or resolution by the city or county. If this has not been
done, then the minimum level stands.
It is important to note that WSDOT will not get the opportunity to SEPA review some
proposals because they will be categorically exempted by their size. While the SEPA
Rules do allow a lead agency to require a thorough SEPA review for a proposal that
would otherwise be categorically exempt, the likelihood of that happening is not very
good. A fast food restaurant is a good example of a proposal that may be categorically
exempt because the size of the building and parking lot are under the SEPA threshold,
especially if the threshold has been raised by the lead SEPA agency as allowed by the
SEPA Rules. In those cases, WSDOT may only be able to review the proposal for
impacts relating to access management or storm water runoff.
The following are some of the minimum thresholds that may be raised up to the
maximum level shown or anywhere in between:
Minimum Exempt Maximum Exempt
Proposal Threshold
Threshold Threshold
Residential development 4 dwelling units 20 dwelling units
4,000 square feet and 12,000 square feet and
Office, school, or
associated parking for associated parking for
commercial structure
20 vehicles 40 vehicles
Barn or agricultural structure 10,000 square feet 30,000 square feet
Parking lots 20 vehicles 40 vehicles
Landfills or excavations 100 cubic yards 500 cubic yards
If the proposal lies within two jurisdictions, then the lower level threshold controls the
total proposal, no matter which agency is lead.
The above flexible thresholds do not apply if any portion of the proposal involves work
on lands covered by water, or if a license is needed for a discharge to air or water, or if a
rezone is required.

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3.1.10 How is WSDOT Notified of Project Proposals?

The SEPA review process begins when the Region is made aware of a project proposal.
Usually this occurs when the SEPA lead permitting agency sends the project proposal to
the WSDOT for review. However, on some occasions the proponent for the proposed
project will contact the WSDOT first before formally submitting the project to the
lead SEPA agency. The WSDOT may also learn of proposed projects by checking
environmental publications, such as the Department of Ecology (DOE) SEPA Register,
which may be accessed via its homepage at www.ecy.wa.gov.
While some proposals are brought to the attention of the WSDOT by the proponent or by
Development Services Staff reviewing the DOE SEPA Register, the majority of project
proposals are first submitted to the WSDOT by the applicable SEPA lead agency. The
following are some of the typical submittals the WSDOT will receive:
1. Pre-submission,
2. Notice of application,
3. SEPA environmental checklist,
4. DNS or MDNS,
5. DS and/or scoping notice,
6. DEIS/FEIS/SEIS,
7. Platting and subdivision notices,
8. Zoning notices,
9. Non-SEPA project next to a state highway.
Some SEPA lead agencies do a good job of notifying the WSDOT of proposed projects,
while other SEPA lead agencies may not consider submitting the proposal to the WSDOT
for review. This may be due in part to the SEPA statutes that only require the SEPA lead
agency to solicit comments from those other governmental agencies that it believes may
be impacted by the proposed project.
Therefore, it is very important that the Development Services staff proactively make
contact with and work with the various SEPA lead agencies within their applicable
regions. Opportunities to request mitigations from proposed projects have been missed
because a SEPA lead agency did not believe that the WSDOT would have wanted to
review a particular project, when in fact WSDOT requested mitigations would have been
warranted and justified.

3.1.11 What Are Some of the SEPA Notification Timelines?

SEPA, by statute, has specific timelines that the SEPA lead agency must follow when
allowing other applicable agencies to review proposed projects. In most cases the SEPA
lead agency will give those other applicable agencies, such as WSDOT, 14 calendar
days to review a project. However, this 14-day timeline usually begins the day the lead
agency sends the proposed project out for review. As a result, the actual workdays the
Development Services staff has to review a proposal will be considerably less than 14
calendar days due to time in mailing, weekends, and the backlog on other projects already
in review. It is very important that all incoming SEPA documents are promptly reviewed
and the due dates noted.

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If there is insufficient time to appropriately review a proposal, or more technical analysis

is necessary, WSDOT may request an extension of time from the SEPA lead agency. If
an extension is granted, it is very important that the extension be documented in writing
(including e-mail) from the lead agency to preserve WSDOTs opportunity to continue
to review and comment on the project. Some lead agencies have rejected WSDOTs
comments because they were received past the published due date and no extensions of
time were requested.
The following lists some of the minimum SEPA timelines and public involvement
requirements:

Public Notice Distribution

Document Comment Period
Required? Required?
Environmental
Optional Optional Optional
Checklist
Determination of 14-day comment
If comment If comment period
Non-significance period may be
period required required
(DNS) required
Mitigated DNS
14 days Yes Yes
(MDNS)
Addendum to a DNS No No Encouraged
Determination of
21 to 30 days Yes Yes
Significance (DS)
Draft EIS (DEIS) 30 to 45 days Yes Yes
No, but 7-day wait
Final EIS (FEIS) period is required No Yes
before agency action
Draft Supplemental
30 to 45 days Yes Yes
EIS (DSEIS)
No, 7-day wait
Final Supplemental
period is required No Yes
EIS (FSEIS)
before agency action

Addendum to EIS No No Encouraged

3.1.12 What is A SEPA Threshold Determination?

The SEPA Threshold Determination is the formal decision as to whether or not a proposal
will result in a probable significant adverse environmental impact for which mitigation
cannot be easily identified. A SEPA threshold determination is required for any proposal
that is not categorically exempt, but is not required for a planned action.
The issuance of a Determination of Significance (DS), a Determination of
Nonsignificance (DNS), or a Mitigated Determination of Nonsignificance (MDNS) is
referred to as a Threshold Determination.

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3.1.13 SEPA Threshold DeterminationAssessing Significance

The SEPA Rules state that significant means a reasonable likelihood of more than a
moderate adverse impact on environmental quality. It is often non-quantifiable. It
involves the physical setting, and both the magnitude and duration of the impact.
Significant: What is considered significant will vary from one site to another, and from
one jurisdiction to another, both because of the conditions surrounding the proposal at a
particular location, and because of the judgment of the responsible official.
In evaluating a proposal, the SEPA lead agency reviews the environmental checklist and
other information about the proposal, and should consider any comments received from
public or other agencies (through consultations, a notice of application, pre-threshold
meetings, etc.). Likely adverse environmental impacts are identified and potential
mitigation is taken into account, particularly that already required under development
and permit regulations. The responsible official must then decide whether there are
any probable significant adverse environmental impacts that have not been adequately
addressed.
Probable: Probable as defined under SEPA means likely or reasonably likely to occur,
as in a reasonable probability of more than a moderate effect on the quality of the
environment. Probable is used to distinguish likely impacts from those impacts that
merely have a possibility of occurring, or are remote and/or speculative.
The severity of the impact must be considered as well as the likelihood of occurrence.
An impact may be significant if its magnitude would be severe, even if its likelihood were
not great.
SEPA Rules also state that the beneficial aspects of a proposal shall not be used to balance
the adverse impacts in determining significance.
In determining if a proposal will have a significant impact, the responsible official may
consider that a number of marginal impacts may together result in a significant impact.
For example, a large development may have marginal impacts to a series of intersections
along a state highway, but taken together the overall result could trigger SEPA mitigation
requirements for one of the impacted intersections.
Even one significant impact is sufficient to require an environmental impact statement.
If significant impacts are likely, a Determination of Significance (DS) is issued and the
environmental impact statement process is started.
If there will be no probable significant adverse environmental impacts, a Determination
of Nonsignificance (DNS) is issued. If there are probable significant adverse
environmental impacts and changes to the proposal or mitigation measures are identified
that will reduce the probable significant adverse environmental impacts down to a
nonsignificant level, a Mitigated Determination of Nonsignificance (MDNS) is issued.

3.1.14 Mitigation Must Be Reasonably Related And Proportional To The

Developments Impacts
On June 24, 1994, the United States Supreme Court ruled on the land use case of Dolan v.
City of Tigard (Oregon). This closely watched land use case resulted in further limiting
the ability of local governments to impose conditions on development permits.
This case dealt with an expansion of an existing plumbing store. The Citys mitigation
proposal called for the dedication to the City of all the property lying within the 100-year
flood plain (about 10 percent of the property), as well as an additional 15-foot strip for a
bike path.

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The United States Supreme Court ruled that imposition of conditions on the issuance of a
development permit may be unconstitutional if the conditions are not directly related and
proportional to the projects impacts. In that case, the Court ruled that the City failed to
show a reasonable relationship between the conditions of the permit and the impacts of
the development.
The ruling in this case emphasizes the necessity for Development Services staff to
adequately document a proposals impacts, tying them directly to any WSDOT requested
mitigation and showing that the requested mitigation is roughly proportional and directly
related to the developments impacts. In other words, the proposal is only doing fair
share mitigation.

3.1.15 SEPA Determination of Nonsignificance (DNS)

A Determination of Non-significance (DNS) is issued when the responsible official
has determined that the proposal is unlikely to have significant adverse environmental
impacts, or that the mitigation has been identified that will reduce impacts to a non-
significant level. The DNS may or may not require a public comment period and
circulation to other agencies.

3.1.16 SEPA Mitigated Determination of Nonsignificance (MDNS)

If probable significant impacts are identified that would require the preparation of an EIS,
those impacts can be reduced either by the applicant(s) making changes to the proposal or
by the lead agency requiring mitigation measures as a condition of approving the project.
When changes to the proposal or mitigation measures are identified that will reduce
probable significant adverse environmental impacts down to a non-significant level, a
Mitigated Determination of Nonsignificance (MDNS) is issued. The mitigating measures
are typically shown on the face of the DNS or as an attachment. A 14-day comment
period, distribution, and public notice is required by SEPA for any MDNS.

3.1.17 SEPA Determination of Significance/Scoping Notice (DS/Scoping)

A Determination of Significance/Scoping Notice (DS/Scoping) is issued when the
responsible official has determined that the proposal will have a probable significant
adverse environmental impact on the environment. If a DS is issued, an Environmental
Impact Statement (EIS) must be prepared.

3.1.18 SEPA Environmental Impact Statement (EIS)

The primary purpose of an Environmental Impact Statement (EIS) is to provide an
impartial discussion of significant environmental impacts, reasonable alternatives and/
or mitigation measures that avoid or minimize adverse environmental impacts. This
environmental information is used by agency officialsin conjunction with applicable
regulations and other relevant informationto make decisions to approve, condition, or
deny a proposal.
An EIS is not meant to be a huge, unwieldy document. The text of a typical EIS is
intended to be only 30 to 50 pages. It is not to exceed 75 pages unless the proposal is
of unusual scope or complexity; in which case, it may not exceed 150 pages. An EIS
should provide information that is readable and useful for the agencies, the applicant, and
interested citizens.
A Draft Environmental Impact Statement (DEIS) will normally be the first opportunity
the general public and affected governmental agencies have to fully review an EIS.
Once all the comments have been received and reviewed by the lead agency, a Final
Environmental Impact Statement (FEIS) will be published.

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Should a proposal be amended such that additional review beyond the FEIS is required,
either an Addendum or a Supplemental Environmental Impact Statement (SEIS) must
be prepared. The Addendum or SEIS will only be applicable to those areas of the
environmental document that need the additional review. No other areas of the EIS are
subject to a second review.
An Addendum is usually prepared if just additional analyses or information about
a proposal is needed. A SEIS is prepared if there are substantial changes or new
information about the proposal that indicate probable significant adverse environmental
impacts, including the discovery of misrepresented information, facts, conclusions
and/or lack of material disclosure. The Addendum does not require a comment period
or public notice while a SEIS will require another round of general public and affected
governmental agency review, but only for the specific area of the environment list
requiring the additional review. Once the new comments have been received, a Final
Supplemental Environmental Impact Statement (FSEIS) will be published.
See the Section 3.1.11, What are some of the SEPA Notification Timelines for
information on the length of comment periods, whether a public notice is required, as
well as distribution requirements.

3.1.19 What is a Nonexempt License?

A nonexempt license is any form of written permission given to any person, organization,
or agency to engage in any activity, which is required by law or agency rule. A license
includes all or part of an agency permit, certificate, approval, registration, charter, or
plat approvals or rezones to facilitate a particular proposal. The term does not include a
license required solely for revenue purposes.

3.1.20 Can a SEPA Lead Agency Withdraw a DNS, MDNS or a FEIS?

A SEPA lead agency can withdraw a DNS, MDNS, or a FEIS based upon any one of the
following three reasons:
There is a substantial change to a proposal such that the proposal is likely to have a
probable significant adverse environmental impact;
There is significant new information that indicate probable significant adverse
environmental impact; or
The DNS, MDNS, or FEIS was prepared with misrepresented information, facts,
conclusions and/or lack of material disclosure.
What is important to note here is that a SEPA lead agency may not withdraw a DNS,
MDNS, or EIS on a private proposal if a nonexempt license has already been issued, even
though significant new information may be forthcoming indicating the proposal may have
a probable significant adverse environmental impact.

3.1.21 Does a SEPA DNS, MDNS, or FEIS Have a Time Limit?

A SEPA determination such as a DNS or a MDNS has no time limit. However, if the
SEPA determination is tied to a nonexempt license that has a time limit, such as a plat or
a commercial building permit, and the proposal does not meet the nonexempt time limit,
then the SEPA determination may be withdrawn. For example, a SEPA lead agency may
have conditioned that a Final Plat Approval be recorded within three years. Should it
be determined that the preliminary plat has expired because the plat was not recorded
within three years (and no extensions were granted), the SEPA determination may be
withdrawn. The determination to withdraw a SEPA determination is made at the time a
new application was filed on the proposal.

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3.1.22 SEPA Appeals

SEPA provides a process the public and other groups and agencies, such as the WSDOT,
to challenge both procedural and substantive decisions made under SEPA. Procedural
appeals include the appeal of a threshold determination both the determination
of significance (DS) and non-significance (DNS) and the adequacy of a final
environmental impact statement (FEIS). Substantive appeals are challenges of an
agencys use, or failure to use, SEPA substantive authority to condition or deny a
proposal.
For more detailed information on SEPA appeals see Chapter 7.

PART 2 GMA
3.2.01 Growth Management Act (GMA)
The Washington State Growth Management Act was enacted in 1990 in response to the
problems associated with an increase in population in this state, particularly in the Puget
Sound region, in the 1980s. These problems included increased traffic congestion,
school overcrowding, urban sprawl, and loss of rural lands.
The legislature finds that uncoordinated and unplanned growth, together with a lack
of common goals expressing the publics interest in the conservation and the wise use
of our lands, pose a threat to the environment, sustainable economic development,
and the health, safety, and high quality of life enjoyed by residents of this state
RCW 36.70A.010
GMA requires all cities and counties in this state to do some planning. It calls for the
fastest growing counties, and the cities within them, to plan extensively in keeping with
the following state goals:
Conservation of important timber, agricultural and mineral resource lands,
Protection of critical areas,
Planning coordination among neighboring jurisdictions,
Consistency of capital and transportation plans with land use plans,
Early and continuous public participation in the land planning process.
The basic objective of the legislation is to guide and encourage local governments in
assessing their goals, evaluating their community assets, writing comprehensive plans,
and implementing those plans through regulations and innovative techniques that
encompass their future vision.

3.2.02 Which Counties and Cities are Subject to the Growth Management Act?
The GMA requires all counties, and the cities within those counties, to fully plan under
the GMA if the counties meet the following criteria:
Population of 50,000 or more, and whose rate of population increase was more than
10 percent in the 10 years preceding May 16, 1995, or after that date are growing by
more than 17 percent in the last 10 years and cities located within such county and;
Any county whose rate of population increase has grown more than 20 percent in the
last 10 years.
Counties not meeting these criteria may opt in under GMA; however, once a county
does opt in it may not subsequently opt-out.

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Counties and cities that do not fully plan under GMA must still adopt development
regulations that designate and protect critical areas. All cities and counties must adopt
development regulations that designate natural resource lands, but only counties fully
planning under GMA must adopt regulations to conserve natural resource lands.
As of September 2005, 29 of the states 39 counties are required to plan fully under
GMAand 10 counties are only subject to the Critical Area and Natural Resource Lands
requirements.

3.2.03 Growth Management Act Goals

Planning goals must be adopted to guide the development and adoption of comprehensive
plans and development regulations of those counties and cities that are required or choose
to plan under GMA.
The GMA, as a legislative policy, is expressed by the following 14 goals, which are not
listed in any order of priority:
Urban Growthencourage urban growth where facilities are adequate to meet service
needs.
Reduce Sprawleliminate sprawling, low-density development that is expensive to
deliver services to and is destructive to critical areas, rural areas, and resource values.
Transportationencourage efficient, multi-model transportation.
Housingencourage a variety of affordable housing for all economic segments of the
population.
Economic Developmentencourage economic development consistent with
resources and facilities throughout the state.
Property Rightsprotect property from arbitrary decisions or discrimination.
Permitsissue permits in a timely manner and administer them fairly.
Natural Resources Industriesmaintain and enhance resource-based industries.
Open Space and Recreationencourage retention of open space and recreation areas.
Environmentprotect the environment and enhance the quality of life.
Citizen Participationencourage citizen involvement in the planning process.
Public Facilities and Serviceensure that adequate public facilities and services are
provided in a timely and affordable manner.
Historic Preservationidentify and encourage preservation of historic sites.
Shoreline Managementthe goals and policies of the Shoreline Management Act.

3.2.04 Growth Management Act Substantive Mandates

As noted above, the GMA goals are not listed in any order of priority. However, five
substantive mandates of the GMA are revealed when the goals are read together with the
specific requirements in subsequent sections of the GMA. They are:
New growth must be concentrated in urban growth areas (UGAs) that are contiguous
with existing urbanized areas and meet other specified standards,
New development may not be allowed unless adequate transportation facilities and
certain other public facilities will be available concurrently with the development,

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Counties and cities may not exclude regionally essential public facilities and must
accommodate affordable housing,
Environmentally critical areas must be designated and protected, and
Natural resource lands of long-term commercial significance for agricultural, forest
product, and mining industries must be designated and protected.

3.2.05 Growth Management Act Comprehensive Plans

Fully planning counties, and the cities within those counties, must each develop
comprehensive plans (or comp plans). City comp plans address areas inside incorporated
city limits while county comp plans focus only on unincorporated areas.
GMA requires comp plans to be consistent with Countywide Planning Policies (CPPs),
consistent with the comp plans of neighboring jurisdictions, and internally consistent.
In addition, zoning, development and subdivision regulations must be updated to be
consistent with comp plans.
The GMA only mandates that certain elements be included in local and county comp
plans. The respective planning offices determine how these are addressed. Specific
measures are left up to local jurisdictions, allowing local determination of different
implementation strategies and priorities.

3.2.06 Growth Management Act Comprehensive Plan Elements

Comprehensive plans must contain the following elements:
Land Use,
Housing,
Utilities,
Capital Facilities plan,
Shorelines (if applicable),
Transportation,
Rural (for counties only)
Urban Growth Area.
Other comp plan requirements include a public participation plan and a designation of
open space corridors and lands for public purposes.

3.2.07 GMA Comprehensive Plan Transportation Element

For jurisdictions fully planning under the GMA, transportation is the most important
element of the comp plan. Comp plans are required to address a host of sub-elements,
designed to directly implement connections between land use and transportation. Unlike
most of the other comp plan elements, which are assumed to be in compliance unless
appealed, Regional Transportation Planning Organizations (RTPOs) must certify that the
transportation element is both consistent with the RTPO Regional Transportation Plan
and conforms to the requirements of the GMA.

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Concurrency1
Like all public facilities, transportation facilities must meet concurrency requirements
under the GMA. GMA requires that development not be approved if it will cause existing
transportation facilities to fall below level of service standards established in the comp
plans. Transportation improvements or strategies for mitigation must be in place at the
time of development, or a financial commitment must be in place to complete those
strategies/improvements within 6 years. Concurrency requirements of the GMA do
not include highways of statewide significance (HSS) with the exception of counties
consisting of islands whose only connection to the mainland are state highways or
ferry routes. In these island counties, state highways and ferry route capacity must
be a factor in meeting consistency requirements. RCW 36.070A.070(6)(a)(iii)(c).
GMA Comp Plan Transportation Element Subelements
The transportation element must be consistent with and implement the land use element.
It must include six sub-elements, which are:
1. Land-Use Assumptions used in establishing level of service standards and estimating
travel times.
2. Estimating Traffic Impacts to state-owned transportation facilities resulting from
land use assumptions.
3. Facilities and Service Needs, including the following:
An inventory of transportation facilities and services, including state owned
facilities.
Level of Service (LOS) standards for facilities in the inventory. The agency
setting LOS standards for the various facilities varies. In the case of local
transportation systems, LOS standards are established by local jurisdictions and
coordinated by the RTPOs. For transportation facilities and services designated
to be of statewide significance, LOS standards are set by the state (WSDOT) in
consultation with the RTPOs. For regional state owned transportation systems
that are not designated to be of statewide significance, the RTPOs establish the
LOS.
Corrective actions must be outlined for any transportation facilities currently
below LOS standards.
A ten-year traffic forecast based on the adopted land use plan.
Identification of system needs based on the traffic forecast and current
deficiencies. Needs that are identified in the local plans must be consistent with
the statewide transportation plan.
4. A Multiyear Analysis of Financial Resources, including the following:
Identifying funding sources and comparing them with system needs.
Developing a multiyear financing plan.
Addressing any funding shortfalls, such that if no funding is currently
available, and no other sources of additional funding are identified, the land-use
assumptions on which the analysis is based will need to be reassessed.

1 Also see concurrency under section 1.1.06 in Chapter 1

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5. Intergovernmental Coordination Efforts, including an assessment of the impacts

of transportation plan and land use assumptions on the transportation systems of
adjacent jurisdictions.
6. Strategies for Demand Management such as economic incentives to ride transit or
carpools, enhancement of non-SOV alternatives, and land use strategies that reduce
the need for auto trips by altering development patterns.

3.2.08 GMA and Regional Transportation

Passed in conjunction with the GMA, the Regional Transportation Planning Program
authorizes Regional Transportation Planning Organizations (RTPOs). RTPOs are
formed through the voluntary association of local governments within a county or within
geographically contiguous counties established to coordinate transportation planning
throughout a region. Currently, every Washingtons county, with the exception of San
Juan County, is a part of an RTPO. In cases where the federal government requires
Metropolitan Planning Organizations (MPOs), the RTPO and MPO must be the same
organization. Washington State currently in 2005 has ten MPOs.
All transportation projects within the boundaries of an RTPO must be consistent with the
regional transportation plan, as well as comp plans of the participating cities and counties.
Local jurisdictions comp plans must be consistent with the regional transportation plan
and countywide planning policies.

3.2.09 Regional Transportation Planning Duties

Under the Regional Transportation Planning Program, RTPOs designate a lead-planning
agency to coordinate preparation of the regional transportation plan and carry out other
responsibilities of the RTPO. This agency may be a county, regional council, city, town
or WSDOT region office.
The duties of a RTPO are:
Develop regional transportation strategies.
Develop a Regional Transportation Plan (RTP).
Certify CPPs (Countywide Planning Policies) and the transportation elements of
comp plans for consistency with the RTP.
Develop a six-year Regional Transportation Improvement Program (TIP).
Review Level of Service (LOS) Standards.

3.2.10 Requirements for Regional Transportation Plans (RTPs)

Regional Transportation Plans are required to be based o a least cost planning
methodology that identifies the most cost-effective facilities, services, and programs. All
transportation projects (including TDM programs) within the region that have an impact
upon regional facilities or services must be consistent with the plan and with the adopted
regional growth and transportation strategies.
Regional Transportation Plans must include the following:
Identify existing or planned transportation facilities.
Establish level of service standards for state highways and ferry routes.
A financial plan.
Assess regional development patterns.

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 SEPA and GMA

Develop a proposed regional transportation approach.

Coordinate services and facilities among transit providers.

3.2.11 How Does Development Services Use GMA?

WSDOT has few specific obligations under the GMA. However, WSDOT has an
influential role in transportation planning statewide.
WSDOTs formal GMA duties are limited to assisting RTPOs set levels of services for
those state-owned facilities and services that are not of statewide significance, setting the
levels of services for those facilities and services deemed to be of statewide significance,
coordinating transportation planning among the RTPOs, and developing Transportation
Improvement programs with local jurisdictions and RTPOs. WSDOT regional offices
also may serve as the lead-planning agency for the RTPOs.
While SEPA is the main tool and law governing WSDOTs right to ask for or require
proposed land-use project mitigation, the Development Services staff must be aware of
the GMA role in transportation planning. Especially important is knowing what Level
of Service (LOS) standards have been set for the various state facilities when requesting
mitigation measures.

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 Analyzing Land-use Proposals
Chapter 4 Analyzing Land-use Proposals
4.1.00 Overview1
Analyzing and determining appropriate mitigation for development impacts is the
primary role of the Development Services section.
Chapter 3 examines the SEPA process and explains why SEPA is the main legal basis,
requiring WSDOT review of and comment on land-use proposals. It also briefly
describes what constitutes a probable significant adverse environmental impact from a
general viewpoint; and that there must be a nexus between the development impacts and
the required mitigation which must be reasonable and proportionate to those impacts.
Part 1 of this chapter, titled Thresholds for Determining Probable Significant Adverse
Impacts, discusses in detail how to determine what constitutes a probable significant
adverse impact to the State Transportation System. Minimum vehicular volume
thresholds are discussed, as well as minimum Level of Service (LOS) thresholds. In
addition, other factors are discussed such as traffic impacts to a High Accident Location
(HAL) and/or a High Accident Corridor (HAC).
Part 2 of this chapter, titled Determining the Mitigation for a Probable Significant
Adverse Impact, discusses in detail how to determine what type of mitigation is
warranted, if any, and whether it should be a traffic mitigation payment to a WSDOT
project; construction of a developer-funded highway improvement; or a property
donation/dedication for right of way, etc.
Part 3 of this chapter, titled Traffic Impact Analysis, is a detailed discussion of what a
typical Traffic Impact Analysis (TIA) must include.

PART 1 Thresholds for Determining Probable Significant Adverse

Impacts2
4.1.01 Determining Probable Significant Adverse Impacts Is Not Easy
Determining probable significant adverse impacts to the state highway system can be
difficult, both analytically and sometimes politically. Determining what constitutes a
probable significant adverse impact can be as simple as consulting the WSDOT Design
Manual for left- or right-turn channelization warrants, or as complicated as system
modeling and signal synchronizing analyses. Other factors to be considered may include:
number of lanes, topography, functional class, access control criteria, traffic signal
spacing, and accident history.
It can be difficult for the WSDOT to achieve consensus with the developer and the local
agency in the determination of a fair and reasonable mitigation plan.
For instance, a large development next to a major freeway may have little or no impacts
to the state highway system while that same development next to a two-lane state
highway is likely to have significant adverse traffic impacts. It may be difficult to
convince some local agencies that traffic improvements are needed when they are making
a concerted effort to bring in new development. A local agency may see a WSDOT
request for mitigation as a deal-breaker that will prevent the developer from locating
within its taxing jurisdiction. This can make it difficult for the WSDOT to obtain the
needed highway improvement.
1 It is important to remember WSDOT is authorized to directly require mitigation when it is the agency issuing
a permit, such as Access Permits (see Chapter 6); however, when a local agency is the permitting authority, it,
and not WSDOT, has the sole authority to require developer mitigation. Also refer to Chapter 5, Part 3, Interlocal
Agreements.
2 Interlocal agreements between WSDOT and Local Agencies may supercede some Threshold criteria. See
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Analyzing Land-use Proposals
4.1.02 Documentation is Critical
As discussed in the SEPA section of Chapter 3, a probable significant adverse impact can
be a subjective determination. The WSDOT may not agree with the methodologies and
assumptions used in a developers Traffic Impact Analysis (TIA). This can be a source
of conflict, especially if the TIA, prepared by a Professional Engineer, concludes that
a development will not result in significant adverse impacts. Therefore, it is important
to have well-reasoned and documented support for decisions that are made. This is
especially important when the WSDOT determines that a probable significant adverse
impact will occur while the developers TIA says otherwise.
If both sides disagree, then the ultimate determination is made by the SEPA lead agency
after a hearing. A well-documented presentation of WSDOTs engineering decisions
is critical to influencing the decision of the hearings examiner or other decision
maker. Merely presenting good ideas is not good enough. Engineering decisions and
recommendations must be based on department policy, which must be supported by
well-documented, consistent practices, such as use of the WSDOT Design Manual,
Highway Capacity Manual, adopted WSDOT deficiency thresholds and other
professionally credible sources.
When WSDOT requests mitigation for a developments impacts, it is important to
adequately tie the requested mitigation to the proposals impacts. WSDOT must show
that the developments impacts are directly related to the requested mitigation measures.
In addition, the WSDOT must show the requested mitigation is roughly proportional to
the developments impacts.

4.1.03 Determining a Probable Significant Adverse Impact

Significant Adverse Impact, as used in SEPA, means a reasonable likelihood of
more than a moderate adverse impact on environmental quality.3 This applies to the
developments physical setting, and both the magnitude and duration of the impact. What
is considered significant will vary from one site to another because of local sensitivities to
certain conditions surrounding a site; significant also will vary from one jurisdiction to
another because of the subjective judgment of the responsible official for the SEPA lead
agency.
Determining what constitutes a reasonable likelihood of more than a moderate adverse
impact, i.e., a probable significant adverse impact is easier if predetermined thresholds
or other published standards are used. Almost all traffic impact mitigations that are
required as a result of WSDOT requests are based on published deficiency and/or impact
thresholds/standards.

4.1.04 Thresholds For Defining A Probable Significant Adverse Impact

One of the most effective and defensible ways for the WSDOT to determine a probable
significant adverse impact is the application of established deficiency or impact
thresholds. The thresholds relate to measurable characteristics of transportation facilities,
such as traffic volumes. The following categories of WSDOT deficiency/impact
thresholds may be used when reviewing land-use proposals:
Vehicular Trip Thresholds
Level of Service (LOS) Thresholds
Channelization Thresholds
Safety HAL and HAC Thresholds

3 WAC 197-11-794 (1)

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 Analyzing Land-use Proposals

4.1.05 Vehicular Trip Thresholds

WSDOT will typically request that mitigation take the form of either construction of a
highway improvement (which often includes the donation/dedication of property for right
of way purposes) or contribution of a traffic mitigation payment to a programmed (funded
or nearly funded) WSDOT project. On some occasions WSDOT may request both.
WSDOT will consider any development that meets or exceeds either or both of the
following vehicular trip criteria to have a probable significant adverse impact to the state
highway system.
Fee-based mitigation: Addition of ten (10)4 or more AM or PM peak-hour vehicle
trips to any state highway intersection or segment of state highway for the purpose of
determining whether a traffic mitigation payment (pro-rata share) to a planned and/or
programmed WSDOT project should be requested.
Non fee-based mitigation: Addition of twenty five (25)4 or more AM or PM peak-
hour vehicle trips to any state highway intersection or access connection for the
purpose of determining whether a developer funded, designed, and constructed
highway improvement should be requested.

4.1.06 Level of Service (LOS) Thresholds

The most common standard for determining traffic impacts on highways is the nationally
recognized Level of Service (LOS) criterion as defined by the Highway Capacity
Manual published by the Transportation Research Board. It is essentially a grading
system ranging from A (best) to F (worst) that qualitatively signifies the relative
congestion on a highway segment given traffic volume, vehicle mix, roadway geometry,
and intersection characteristics. When a development would degrade a highways LOS
below the applicable threshold, the highway segment or intersection would be considered
deficient to support the development, and WSDOT and its partners would seek mitigation
of the traffic impacts.
The WSDOT will consider any development that exceeds (i.e. degrades) the following
Level of Service (LOS) levels as having a probable significant adverse impact to the state
highway system. These thresholds are established in the WSDOT Highway System Plan.
For Highways of Statewide Significance (HSS):
Urban Areas: LOS D
Rural Areas: LOS C
For Regionally Significant State Highways (non-HSS):
The LOS thresholds adopted by the local MPO/RTPO shall apply. See Appendix 29.
In the absence of an adopted LOS threshold, the LOS for HSS shall apply. Where
there is a specific Interlocal Agreement with WSDOT, the applicable LOS threshold
levels as established by the agreement shall apply.
Determination of whether a state highway segment is in an urban or rural area may be
made by use of the WSDOT State Highway Log listing of functional classrural or
urbanfor a given section of highway.

4 In some instances, a region may choose to usa a different threshold. If the threshold is changed, the region
must document its justification; i.e. through Interlocal Agreements with local agencies. The threshold may
be a region-wide policy or may be applied only to specific routes or geographic areas.

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When a development affects a highway segment or intersection where the LOS is already
below the applicable threshold, then the pre-development LOS is the condition that must
be preserved. The time delay associated with the pre-development LOS is used rather
than the otherwise applicable deficiency level. For example: If the pre-development
and post-development LOS at an intersection is F, with the time delay of 80 and 95
seconds respectively, then the appropriate mitigation is to make the necessary highway
improvements to bring the time delay back to 80 seconds or less.
The LOS thresholds apply to intersections. The bases for evaluating LOS are the
methodologies defined in the most recent version of the Highway Capacity Manual.

4.1.07 WSDOT Channelization Thresholds

Addition of twenty five (25) or more AM or PM Peak-hour vehicular trips to an
intersection or access connection that meets or exceeds the WSDOT Design Manual
criteria for channelization will be considered a probable significant adverse impact.
WSDOT Design Manual Chapter 910.07 discusses channelization criteria for left-turn
lanes, right-turn lanes and pockets and two-way left-turn lanes (TWLTL). Development
Services staff should consider mitigation in the form of a developer constructed
intersection improvement.

4.1.08 Safety Thresholds

High Accident Locations and High Accident Corridors (HAL & HAC)
Addition of ten (10) or more AM or PM peak-hour vehicular trips to a High Accident
Location (HAL) or High Accident Corridor (HAC) will be considered a probable
significant adverse impact.
The WSDOT primarily uses two accident analysis methodologies to identify safety
deficiencies on state highways. These are the High Accident Location (HAL) and the
High Accident Corridor (HAC) programs. The regions use the HAL and HAC lists to
prioritize safety improvement projects in developing their construction programs. The
WSDOT Headquarters Traffic Data Office produces HAL and HAC logbooks biannually.
When a development proposal impacts a HAL or a HAC, WSDOT may require
reasonable mitigation even if the LOS thresholds are not exceeded or the WSDOT
Design Manual channelization warrants are not met. Mitigation may take the form of
developer-constructed improvements or traffic mitigation payment to a state project if
one is programmed for the HAL/HAC location. Regional Development Services staff
should coordinate with Regional Traffic and Program Management staff to create a list
of HAL and HAC projects from the biennial logbooks with reasonable solutions and cost
estimates for improvements that would mitigate the deficiencies. This project list could
provide the basis for mitigation assessments for development impacts.
Other Safety Thresholds
In addition to the minimum safety thresholds mentioned above, the WSDOT may
consider other safety threshold requirements. Safety must always be considered when
assessing traffic impacts. Sight distance is a critical criterion. Turning movements are
also a prime safety concern. While a TIA may conclude that the traffic impacts to a state
highway will not exceed LOS thresholds or meet WSDOT Design Manual channelization
warrants, the WSDOT Region Traffic Engineer may still request reasonable intersection
improvements based on safety deficiencies.

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If the Region Traffic Engineer does request a mitigation improvement that does not
otherwise meet the thresholds listed in this Chapter, then the Region Traffic Engineer
must document the engineering basis and analyses for the improvement in an engineering
study or other report that clearly justifies the reasons for requesting the mitigation
improvement.

PART 2 Determining the Mitigation for a Probable Significant

Adverse Impact
4.2.01 Obtaining Mitigation from a Developer
Mitigation for traffic impacts is usually provided through one of two methods:
Traffic Mitigation Payment to a Planned and/or programmed WSDOT project, and/or
Developer Constructed Highway Improvement (Developer Agreement)
Mitigation also may take the form of a dedication/donation of property to the WSDOT for
right of way; provision of an easement such as a slope or drainage easement; or developer
mitigation credits.

4.2.02 Traffic Mitigation Payment

A traffic mitigation payment is a monetary contribution by a developer to a planned and/
or programmed WSDOT project.
Often a developments traffic impacts will affect a section of the state highway that is
already programmed for improvement by WSDOT. In such cases, the WSDOT may
choose to have the developer mitigate its traffic impact by contributing monetarily
towards the cost of the WSDOT project on a proportionate share basis. Such payments
also are known as pro-rata or fair-share payments.

4.2.03 Which WSDOT Projects are Candidates for a Traffic Mitigation Payment?
SEPA allows for the collection of a traffic mitigation payment if the payment will go
toward a project that will mitigate the probable significant adverse impacts of the land use
proposal. The project candidate must be:
(a) A mobility project that is included in the CIPP, such as two-lane to four-lane highway
widening projects, or,
(b) A safety project, or,
(c) A signalization project that is listed in the Signal Priority Array.
Preservation projects, such as asphalt overlay projects, do not normally qualify since the
project does not add capacity to the highway or an intersection; thus, they do not mitigate
the traffic impacts of a land use proposal.
The WSDOT typically will not seek a traffic mitigation payment contribution toward
Mega projects or other major regional projects such as the second Tacoma Narrows
Bridge, I-405 widening, or the addition of freeway HOV lanes. WSDOT will consider
developer-funded modifications to these types of highway projects if a land use proposal
warrants changes to the projects. For example, a land use proposal may warrant
additional intersection improvements, such as more turn lanes and/or a traffic signal;
more lanes on a freeway on- or off-ramp; or other highway improvements beyond what is
funded in the WSDOT project.

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Some large land use proposals, such as a regional shopping mall or huge housing
development, will warrant stand-alone improvements, such as a new freeway interchange.
Such improvements are typically funded entirely by the developer.
It is recommended that each region prepare a list of those WSDOT projects that qualify
for receiving traffic mitigation payments. It also is recommended that the per-vehicle
traffic mitigation payment be determined in advance for each project. This is similar to
what is done for interlocal agreements5. Predetermination of traffic mitigation payments
streamlines the development review process for WSDOT and local agency staff and helps
developers determine the total costs of development.

4.2.04 Which WSDOT Project Costs Should Be Used?

Usually, the WSDOT project cost will include design, right-of-way, and construction
costs. Unless required otherwise by a local agency or in a SEPA hearing, only the
State funded portion of the project cost is eligible for assessment of a traffic mitigation
payment. Federal and local funds are exempt in calculating project costs. The local
agency may also be collecting its own traffic mitigation payment. These funds may be
applied to the local agencys contribution to the WSDOT project. Therefore the local
agency contribution to the project costs also must be exempt in calculating project costs.
Note: SEPA specifically precludes the duplication of impact fees; therefore, it is
important to make sure that the WSDOTs and local agencys impact assessments do not
overlap.

4.2.05 How are Traffic Mitigation Payments Collected by the WSDOT?

Traffic mitigation payments are usually collected by one of two means. They are:
Mitigation Agreement, or
Local Mitigation Agreement (LM Agreement).
Mitigation Agreement: A Mitigation Agreement is a two party agreement between a
developer and the WSDOT in which the developer agrees to contribute a predetermined
monetary amount directly to the WSDOT. The amount to be collected is usually
determined during the SEPA review stage of the project.
Local Mitigation (LM) Agreement: A Local Mitigation Agreement (LM Agreement)
is a two party agreement between a Local Agency and the WSDOT. It is used to transfer
developer funds collected by the local agency for traffic impacts to the WSDOT. The
LM Agreement may have numerous developers listed on it, provided that all funds
collected and transferred are going exclusively to the WSDOT project(s) specified in the
agreement.

4.2.06 Time Limits on Collection of Traffic Mitigation Payments

In most cases WSDOT will stop requesting SEPA-conditioned traffic mitigation payments
upon the Award of the WSDOT project for which the payment was requested.
However, on some bigger projects where construction will occur over an extended length
of time, it may be appropriate to request mitigation payments throughout the projects
construction phase up to the Substantial Completion Date. In those cases it is desirable
to request the mitigation payment on a sliding or proportionate scale. This method
assesses traffic mitigation costs against 100 percent of the project costs at the award
date of the project, diminishing to zero at the anticipated completion date of the project

5 Refer to Chapter 5, Part 3, and Appendix 11.

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 Analyzing Land-use Proposals

(Substantial Completion Date). Some local agencies will only agree to a sliding scale if
the original assessment proportionality will not change even if construction delays occur,
and the project lasts longer than anticipated.

4.2.07 When Should a Traffic Mitigation Payment be Collected?

Normally, during SEPA review, WSDOT will request that the traffic mitigation payment
is collected at Final Plat approval or at issuance of the building permit. In some cases,
payment of the traffic mitigation funds may be a condition of issuance of the occupancy
permit, but it is more desirable to tie the payment to the building permit.

4.2.08 Consistency is Important

Statewide experience with local agencies shows that there is no standard formula for
assessing and collecting traffic mitigation payments. Formulas may be based on peak
hour traffic or Average Daily Traffic (ADTs). They may be based on existing traffic
volumes or projected traffic at a future design year. Formulas also may be based on the
criteria and thresholds of an areas metropolitan transportation plan.
Therefore, it is important that the WSDOT is uniform and consistent statewide on how
it determines a traffic mitigation payment. Unless there is an interlocal agreement that
specifies another methodology or formula for determining the mitigation payment,
then the following assessment methods should be used to determine a traffic mitigation
payment.

4.2.09 How to Calculate an Intersection Traffic Mitigation Payment

Once a decision has been made to collect Traffic Mitigation Payments for a particular
WSDOT intersection project, the next step is to determine what that payment should be.
As mentioned in previous sections, determining a reasonable and proportionate amount is
critical to the success of the request.
Shown below is a methodology that is rather simple and easy to explain to developers.
The basic formula is the intersections improvement project cost times the percent of new
traffic the development will be adding to the intersection. For example, if a development
will be adding 5% more traffic to an intersection, then that development should contribute
5% towards the cost of the intersection improvement.
The basic intersection formula to be used is as follows:
TMP = (A / B) x C where:
TMP = Traffic Mitigation Payment
A = Total proposal generated PM peak-hour trips entering the intersection (truck
traffic should be converted to passenger car equivalents per the Highway
Capacity Manual)
B = Acceptable intersection LOS volume at the deficiency threshold as calculated in
the Highway Capacity Manual (see Section 4.1.06 LOS Threshold)6
C = WSDOT project cost (including design, right-of-way, and construction)

6 If the intersection is already failing or below the acceptable LOS threshold as specified in Section 4.1.06, the
pre-development LOS shall be used.
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Establishing the acceptable intersection LOS volume - Denominator B in the equation

above - can be a complicated analysis. Intersection LOS is based on time delay: total
delay for unsignalized intersections and delay for a single movement on signalized
intersections. Therefore trip distribution is a critical factor on both types of intersections
and signal phasing is critical on signalized intersections. Projection of background
traffic in the horizon year is also a critical factor. This issue can be simplified by using
the TIAs projection of total volumes entering the intersection in the horizon year for
the Denominator B, rather than an idealized estimate of volumes at the threshold level
of service, which could be a very subjective exercise. If the TIA is reasonable, this
simplified estimate of traffic volumes is usually acceptable to both WSDOT and the
developer.
The drawback to using a TIAs horizon year volume for a given development is that
these volumes vary as other developments impact an intersection with their respective
traffic projections and horizon years. Background and pipeline volumes change as well.
However, a TIAs estimate of horizon year volumes is often the best estimate available
and is usually acceptable for the purpose of determining a reasonable intersection traffic
mitigation payment.

4.2.10 How to Calculate a Highway Corridor Traffic Mitigation Payment

Highway corridor traffic mitigation payments can be much more difficult to determine.
The methodology to be used is similar to the intersection formula described in the
previous section, but due to the variables involved, greater care must be used or the traffic
mitigation payment may end up unrealistically high. This is because corridor projects are
usually significantly more expensive than intersection projects. The terrain encountered,
whether the project is in an urban or rural area, the amount of right-of-way needed,
stormwater requirements, and the length of the project are just a few of the factors that
can significantly increase the cost of the WSDOT project and subsequently the traffic
mitigation payment request
As mentioned in previous sections, if the resulting mitigation payment is not reasonable
and proportionate to the proposed land use project, then there is a significantly greater
chance the request will be not supported by the SEPA lead agency or reduced or even
denied by the Hearing Examiner. Therefore, on some bigger corridor projects it might
be desirable to only use the estimated construction costs rather then including design,
right-of-way, and construction cost.
The corridor formula derived below is also based on a few considerations. One of those
considerations is that it be simple and easy to understand. If the developer, or even the
local lead agency or the Hearing Examiner for that matter, cant understand the reasons
for the mitigation request, then the likelihood of it being approved are drastically reduced.
Another is that the goal here is to collect an equitable contribution from a particular
development that is fair to both WSDOT and the developer. As a result, the methodology
below is not exact in that more precise numbers could be used that would undoubtedly
increase the size of the traffic mitigation payment being requested. However, experience
has shown that the more precise and exact the formula becomes, it increases the
likelihood that the developer, the lead agency, and/or the Hearing Examiner will question
the methodology.
As a result, the methodology below only uses through trips on the mainline state highway
and does not count side street traffic that only crosses the state highway. It also uses the
Highway Capacity Manual ideal conditions when determining the mainline Denominator
B service flow rate. While most WSDOT projects would not obtain the ideal conditions
service flow rate due to topography or traffic signals or access connections, the ideal

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service flow rate allows for a better statewide consistency as well as simplicity. It also
allows for an easier defense of the WSDOT request if the methodology can be shown to
slightly favor the developer. Using numbers that slightly favor the development can go a
long way toward the WSDOT ultimately obtaining the traffic mitigation payment request.
Each Region is responsible to determine which highway corridor projects they will
request traffic mitigation payments for as well as how the baseline cost per trip is
established.
The basic corridor formula to be used is as follows:
TMP = (A / B) x C where:
A = total proposal generated new PM peak hour trips both directions on a highway
segment (truck traffic should be converted to passenger car equivalents per the
Highway Capacity Manual).
B = applicable maximum service flow rate for all through lanes both directions
for ideal conditions per the Highway Capacity Manual at the highways LOS
deficiency threshold (see Section 4.1.06 LOS Threshold and Highway Capacity
Manual Chapter 7, Table 7-1).
C = WSDOT project cost (usually including design, right-of-way, and construction).
When using this formula on a WSDOT highway project, it is usually desirable to break
the cost down into highway segments. Since the traffic mitigation payment is based on
the through movements only, major intersections that have significant turning volumes
will make a good segment break. In addition, as mentioned in a previous section, the
highway corridor traffic mitigation payment will be based on any segment that has 10 or
more PM peak hour new trips in both directions. In addition, for any segment that has 10
or more trips, all trips are counted toward the mitigation calculation.
Listed below is an example of a highway corridor traffic mitigation payment
determination:
The WSDOT has a 2.5-mile long corridor mobility project that will widen an existing
two-lane highway to four through lanes with a two way left turn lane. The project is
designed to have a 50-MPH speed limit when completed and is in an urban area with an
estimated cost of:
Design = $1,000,000
Right-of-way = $5,000,000
Construction = $14,000,000
Total = $20,000,000
There are three major intersections along the route. The first major intersection is at the
beginning of the project, the next major intersection is 34 mile into the project, and the
third major intersection is two miles into the project.
Based on the above information the project can be divided into three segments based
on the three major intersections. Therefore the first segment to be used for determining
a traffic mitigation payment is 34 mile long, the second segment is 114 miles long, and
third segment is 12 mile long. From the Traffic Impact Analysis prepared for the project,
the proposal will add 25 new both direction through trips to the first segment, 30 to the
second, and 40 new trips to the last segment.

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From the Highway Capacity Manual for a 50 MPH highway the service flow rate per
the Highway Capacity Manual Table 7-1 is 1670 vehicles per hour per lane. Since the
project will result in four through lanes, the applicable B becomes 4 x 1670 or 6680
VPH. It should be noted as mentioned above that this figure could be reduced to include
factors such as topography, land widths, signal spacing, etc, but for the sake of making
this an easier request to defend in a Hearing the maximum service flow rate for ideal
non-interrupted conditions is used.
Therefore, based on the above information the maximum cost per trip for the whole
corridor project can be determine to be:
TMP = (A / B) x C where:
TMP = (1 trip / 4 x 1670 = 6680) x $20,000,000 = $2994 rounded to $3,000 per trip
over the whole corridor.
Based on the above the maximum cost per trip over the whole corridor is $3,000. Actual
costs per trip will ultimately be less since not all new trips travel the whole corridor.
However, the main point to made here is that this is a reasonable request in most
jurisdictions. Should the Region or the lead SEPA agency feel $3,000 is not a reasonable
request, then maybe just the construction costs could be used to reduce cost per trip to a
more acceptable figure on that particular region.
However, should $3,000 per trip be acceptable, then the ultimate traffic mitigation for this
particular developer proposal would be:
TMP = (A / B) x C where:
Segment 1 - TMP = (A / B) x C = (25 / 6680) x (0.75 / 2.5 x $20,000,000) = $898 per
trip rounded to $900 or 25 x $900 = $22,500
Segment 2 - TMP = (A / B) x C = (30 / 6680) x (1.25 / 2.5 x $20,000,000) = $1497 per
trip rounded to $1500 or 30 x $1500 = $45,000
Segment 3 - TMP = (A / B) x C = (40 / 6680) x (0.50 / 2.5 x $20,000,000) = $598 per
trip rounded to $600 or 40 x $600 = $24,000
Therefore the total traffic mitigation that will be requested from this particular
development is $22,500 + $45,000 + $24,000 = $91,500 which when broken down by the
maximum number of trips on any segment is $91,500 / 40 trips = $2,287 per trip.

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 Agreements

Chapter 5 Agreements
5.0.00 Overview
When the developer review process concludes that a development has significant adverse
impacts then mitigation is warranted. The Traffic Impact Analysis usually recommends
conceptual improvements that will mitigate the impacts. A Local Agency will typically
require that the developer satisfy WSDOT with regard to the details of that mitigation.
Such details are usually resolved in an agreement between the developer and WSDOT
that permits construction of highway improvements (or traffic mitigation payment to a
WSDOT project).
The previous chapter discussed how to analyze a proposal and determine the necessary
mitigation measures. Chapter 5 covers various forms of Agreements that permit a
developer to construct improvements within the state right of way or make the required
traffic mitigation payment. Part 1 covers how to coordinate review and approve the plans
that become parts (exhibits) of the agreements. Parts 2-4 discuss the various forms of
agreements with developers and local agencies.

PART 1 Coordinating Plan Review

5.1.01 General
When a mitigation determination results in a requirement for highway improvements
the agreement process begins. A developer is typically directed by the local agency to
coordinate the construction details with the WSDOT.

5.1.02 Time To Process An Agreement

The agreement process requires a technical review and approval of all plans that become
part of the agreement. The length of time required to complete an agreement varies
depending on the complexity of the project and the number of revisions required for
the plans and specifications. In most cases the agreement preparation process requires
several months to complete, with most agreements taking four months or longer.
The overall time to complete this process is primarily based on the quality and quantity
of plans submitted by the developer. The closer the plans are to WSDOT standards,
the more efficiently the review will proceed. Incomplete or poor quality plans and
specifications require multiple reviews and take more time.

5.1.03 Reimbursable Account

Why do we need it?
The developer is responsible to compensate the State for its actual (direct and related
indirect) costs to review plans and prepare an agreement. Administration of compensation
for these review charges is through a reimbursable (JX) account. When a reimbursable
account is set up for a proposed development, State forces can charge time and other
expenses against it. The developer is billed on a monthly basis for the outstanding
balance in the account.

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When do we need it?

A quick review of the developer (or a local agency or a federal agency), proposal and
SEPA checklist will usually indicate the likelihood of impacts to WSDOT facilities.
The reimbursable account is usually established prior to plan review and often prior
to TIA review. Reimbursable costs include: TIA reviews, channelization plan reviews,
construction plan reviews, agreement preparation and construction inspection, and
administrative overhead. These costs vary depending on the complexity of the project,
the number of required revisions to plans and the amount of time required
for construction inspection. An amount in the range of $2,000 to $50,000, depending
upon the estimated level of WSDOT involvement, is usually sufficient to cover
reimbursable costs.
WSDOT normally does not charge for review time when:
There are no review comments from the region office.
The review only deals with a simple Access Connection Permit application to a farm,
single-family residence, or a short plat.
The review only deals with a simple SEPA checklist, such as a Notice of Application
or simple SEPA DNS.
If the applicant is a local agency or a federal agency, i.e., cities, counties, tribes,
FHWA, and NO work is being proposed within the state highway right of way.
The amount of money chargeable is not worth the cost of collection. An example of
this is a project that requires a single one-hour review of a TIA.
Each region should develop an objective set of guidelines that define when a developer
must open a reimbursable account. For example, a region may require reimbursable
accounts only from developments that are directly adjacent to a state route and generate
10 or more peak-hour trips.
How do we set it up?
Establishment of a reimbursable account requires developer authorization. This is
usually done by an authorization letter, which is sent to the developer for signature. A
Federal Tax Identification Number (FTIN) or Social Security Number is required to open
an account. WSDOT will assign a reimbursable account (JX) number to the project, and
return a copy of the executed letter to the developer. The J(x) account number is obtained
from the regions financial services office. Examples of a reimbursable account form can
be found in Appendix 7.
Project review costs will be billed monthly to the developer. Failure to pay in full each
month may result in stopping the review and approval process for the project. To ensure
timely payment to WSDOT, a Surety Bond or Assignment of Escrow account may be
required depending on the size and scope of the project.

5.1.04 Plans Review Process

Once mitigation has been determined, the development services staff will contact
the developer/consultant to request submittal of required plans and specifications for
WSDOT review and approval. The staff must determine which support offices are
appropriate and route the plans to them for review and approval.

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The development services engineer acts as the project engineer in the review and
approval of development plans by coordinating, screening and consolidating the review
comments. Very few first draft developer plan sets can be approved. When the initial
reviews are complete, the development services engineer compiles comments and returns
the plans to the developer and/or consultant for revisions.
When all of the review comments have been addressed and plan revisions made, the
development services staff will obtain the necessary approvals/signatures for the plans.

PART 2 Developer Agreements

5.2.01 General
There are several forms of agreements that can be used to permit work within state
right of way. The most common form for any significant highway improvement is the
Developer Agreement.
The Developer Agreement is a contract between WSDOT, the developer and sometimes a
local agency, stating each partys rights and responsibilities, and describing the proposed
work. It typically includes a standard agreement form, right of way plan sheet(s), and
a complete set of specifications and engineering plans. Any alteration to the standard
wording on the pre-printed developer agreement form must be approved by the Attorney
Generals office prior to execution of the agreement.
This section provides general guidance for processing developer agreements, but each
region may have its own specific requirements.

5.2.02 Types of Developer Agreements

There are three standard types of Developer Agreements that may be used by developers.
These agreements are:
Developer Agreement: Construction by Developer at Developer Expense This
is the most common type of agreement. It is a two party agreement between the
developer and WSDOT.
Developer/Local Agency Agreement: Construction by Developer at Developer
Expense This agreement is a three-party agreement which involves the developer,
a local agency and WSDOT. This type of agreement is required if part of the
improvement to be constructed is also located on local agency right-of-way in
addition to state-owned right of way.
Developer Agreement: Construction by WSDOT at the Developers Expense
(as part of an existing WSDOT project) Under this form, the developer agrees to
pay WSDOT to build the highway improvements for the developer, by adding the
developers work to a state contract.

5.2.03 Developer Agreement Process

Overview
The Developer Agreement Process consists of three main stages:
Plans review and approval
Assembly and execution of the agreement package
Construction administration
See Appendix 6 for a flowchart of the Development Agreement Process.

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5.2.04 Developer Agreement Plans Review

A typical Developer Agreement includes a set of engineering plans and specifications
prepared by the developer; i.e., intersection/channelization plans, signal/illumination
plans, etc. WSDOT reviews the plans and specifications, and upon approval, assembles
the Developer Agreement.
Design Standards
All developer projects must be designed to WSDOT standards. The primary design
references for developing plans and specifications (special provisions) are: the Design
Manual, WSDOT Standard Specifications, and the Standard Plans.
The WSDOT Design Manual provides guidance for three levels of design for highway
projects: basic, modified, and full design. The design matrices within Chapter 325 of
the Design Manual are used to identify the design level(s) for a project, the associated
design standards, and the processes and approval authority for granting design deviations.
The design matrices are intended for use on state projects, but they may be applied to
developer projects as well. Contact the region design office to determine the appropriate
design criteria for a given project.
Other design resources that may be needed include:
Construction Manual
Highway Runoff Manual
Hydraulics Manual
LAG Manual (Local Agency Guidelines)
Manual on Uniform Traffic Control Devices (MUTCD)
Washington State Modifications to MUTCD
Plans Preparation Manual
Sign Fabrication Manual
Traffic Manual
Utilities Manual
Work Zone Traffic Control Guidelines
These references are contained in the Engineering Publications CD Library or
they may be downloaded from the WSDOT Engineering Publications homepage:
www.wsdot.wa.gov/fasc/EngineeringPublications/library.htm#M.
The list above includes most sources of design and construction standards for WSDOT
facilities but it is the developers responsibility to use whatever resources are necessary to
properly design the proposed highway improvement.

5.2.05 Intersection/Channelization Plans

Most projects that require a developer agreement involve intersections. When the
mitigation calls for intersection improvements, a new or revised intersection plan
(channelization or chan plan) is required. Design and drafting of the intersection plan
is an important first step in the developer agreement process. The intersection plan is the
basis for all of the construction drawings and essentially defines the scope of the project.

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The Departments initial review of the Intersection Plan for Approval will take about
three weeks before comments are returned. Subsequent reviews of this plan will require
up to two additional weeks each time the plan is resubmitted.
The intersection plan includes all the geometric dimensions of the roadway such as
lane widths, shoulder widths, taper lengths, corner radii, etc. Design Manual Chapter
910 provides the design criteria for intersections. The intersection plan should also
show all existing access connections, both public and private, on both sides of the state
highway, and the plan must label what property use each access connection serves. The
plan should also include the required design data pertinent to the improvements being
proposed. Intersection plans checklist and example plans are provided in Appendix 8.
Any Channelization outside of the state highway right-of-way will require confirmation
that the design meets the local agencys design standards. Bus stop pullouts may be
required as well.
WSDOT approves the intersection plan by signature and retains the original as the
permanent design document on file. A copy of the approved plan is returned to the
developer.

5.2.06 Construction Plans

The construction plans for a developer agreement are similar to those that are required for
a WSDOT state contract for highway improvements. As such, the same design criteria
and materials certifications are required. Developer projects are often not as complex as
WSDOT projects, however. The WSDOT development services staff must use judgment
in matching the level of plan complexity and review to the level of detail warranted by a
developer project. Whereas WSDOT plans preparation conventions may require separate
plan sheets for each feature, a developers consultant may combine several plans on
a single sheet. Clarity of construction details and specifications is more important in a
developer agreement than strict adherence to plans that include preparation conventions.
The plan descriptions below are brief descriptions of plan types that may be required
by a developer project. Not all of the plan types will be required for every developer
agreement. Neither is the list below a comprehensive list of plan types that may be
needed. Again, it is important that the WSDOT development services staff exercise
discretion in determining what the appropriate plan requirements are to ensure
compliance with WSDOT specifications without placing an undue burden on developers.
It is highly recommended that the Plan Review Checklist in Appendix 26 be used to
assure appropriate plans are included in developer agreements. For more detailed
discussion of plan requirements consult the references listed in the Design Standard
section, under 5.2.04. An example set of developer agreement construction plans are
included as part of the exhibits within the example Developer Agreement, Appendix 5.
1. Site Plan
A site plan is often included to show the topographic layout of a project and such
features as the earthwork footprint, structures on site, landscaping, or any other
important features that do not normally fall into the plan categories below.
2. Roadway Section
When roadway widening is required, a roadway section must be included in the
set of plans. A roadway section is a cross section, showing the depths and types
of materials to be used and their relative locations in the roadway prism. The
roadway section also provides slope criteria and the typical ditch depth. More

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than one roadway section may be required if the project is complex. Typically new
construction must match existing pavement depths. The existing pavement section
and recommended surfacing depths are obtained from the Region Materials Engineer.
Shoulders must have the same surfacing depths as the adjacent driving lane. When
widening is required, saw cutting or planning is usually required to leave a smooth,
clean construction joint.
The Region Materials Engineer must approve roadway sections. See Appendix 9 for
an example of a roadway section.
3. Signal Plan
Signal plans are required whenever there is a new signal installation or a modification
to an existing signal system. Developer Agreements that include signal work may be
complex because of the technical details that are required. Signal design is so closely
related to the intersection layout that the plans are often developed concurrently.
Signal systems on non-limited access state highways within an incorporated city with
the population of 22,500 and over, are owned operated and maintained by the city. In
such cases, the signal permit and plan reviews will be processed by the city.
Before signal design review begins, a WSDOT Signal Permit must be obtained. The
developer must fill out a 5-part Signal Permit form (see Appendix 10), which requires
a signal warrant analysis and other documents. The developer must complete
the permit package and submit it to the Development Services office. It is then
forwarded to the Region Traffic Office for analysis. Final approval of a signal permit
must come from the Region Administrator. Once a signal permit number has been
assigned and the channelization plan is approved, review of the signal design may
begin.
A signal plan is a plan view of the intersection which includes, but is not limited to,
the location of signal controller and service cabinets, all mast arms, signal heads,
detection loops, emergency vehicle detection, phase diagram, signal display detail,
wiring schedule, breaker schedule, wiring termination diagram, input file and display
panel layout, signal standard detail chart, foundation depths with supporting soils
report (see Geotechnical Report), and construction notes as required. Written signal
technical specifications are also required.
For a new signal installation, it is the developers responsibility to coordinate and
bear the expense of power and telephone connection and to acquire any service
agreements through the WSDOT region utilities office. See Utility Services
Connections under Section 5.2.06(5). The developer may be required to pay the
ongoing utility bills for the signal. If so, this should be clearly stated in the Developer
Agreement as an on-going obligation. Usually WSDOT will assume full maintenance
responsibility for signals after construction. In such cases, an account should be
established in the developers name on a temporary basis during construction. The
account will be transferred to WSDOT after final inspection and approval. WSDOT
will only accept metered service. All signal poles, junction boxes, electrical service
cabinets, etc., must be located within state highway right-of-way.
4. Illumination Plan
Basic illumination is required at signalized intersections and/or channelized
intersections. Refer to Design Manual and consult with region Traffic Section for
requirements. Illumination for new channelized intersections must be operational
before the intersection is open to traffic.

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An illumination plan will show the location of light standards, mounting height,
size, and type of all luminaries, wiring details, size and type of service, source of
power, and foundation information. For a simple project, the illumination plan may
be combined with other details on a sheet, but not on the intersection plan. Many
projects will require a separate illumination plan sheet.
Illumination systems on a non-limited access state highway within an incorporated
city or town, regardless of the population is the responsibility of the city or town
involved, including the service agreement. However, at a citys request, WSDOT will
review and comment on illumination systems.
It is the developers responsibility to inform the city or town involved that it will be
responsible for the maintenance and payment of electric bills upon completion of the
illumination system.
The developer is required to maintain existing illumination during construction of
new systems, as per Standard Specification 1-07.23(1). This may require temporary
connections and/or systems to keep the facilities operational. WSDOT must inspect
any new service prior to hook-up. It is the developers responsibility to contact the
appropriate utility for hook-up before final inspection by WSDOT.
When possible it is recommended (or required depending on local jurisdictional
ordinance) that directional or shielded illumination be used to preserve night sky
darkness and reduce light pollution.
5. Utility Service Connections
All utility service connections are handled through a Regions Utility Section. A
service agreement is between the developer and the applicable utility company;
WSDOT is not responsible for this agreement. Coordination of utility service
connections for facilities that require electrical power or telephone service, such
as signal and illumination systems, will be the developers responsibility. The
developer must establish the new service account in his/her name, and pay the initial
service connection costs and fees. After final inspection and acceptance by the state,
the account will be transferred to either WSDOT or the appropriate city or town.
The WSDOT will be responsible for transferring any accounts to itself, while the
developer is responsible for transferring any accounts to the applicable city or town.
6. Utility Plan
It is the developers responsibility to determine which utilities are within the
project limits and to identify them accurately on a utility plan. General information
is available from the owners of the utility facilities and from WSDOT records.
However it is the developers responsibility to call for a locate of buried utilities
and to survey their locations as well as overhead lines and poles relative to WSDOT
facilities. In some cases, it may be necessary to dig test holes (potholing) to locate
buried utilities that cannot be detected electronically or which need the exact depth
identified.
A utility plan typically includes the following:
Highway alignment and right-of-way limits.
Proposed roadway configuration, as shown on the channelization plan, including
final location of all driveways and intersecting roads.
Locations of all existing utility facilities and appurtenances, such as lines, poles,
cabinets, vaults, valves, and hydrants. Refer to the Plans Preparation Manual
(M22-31) for standard symbols and conventions.
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Design Clear Zone.

Distance from the proposed outside edge of the traveled lane (fog line).
Height of lines for overhead utilities.
Depth for underground utilities.
Other applicable information, such as pipe size, voltage, size of
telecommunication lines, etc.
It is the developers responsibility to determine the utility conflicts associated with
the project, and to work with the owners of the affected utilities to provide relocation
strategies that are acceptable to the WSDOT and consistent with the State Utilities
Accommodation Policy.
If relocation of utilities will be necessary on the project, the applicable utility
relocation forms must be completed and accompany the utility plan. See Appendix
31 for Guideline for Determining Responsibility for Developer Required Utility
Relocation as a guide for utility relocations. Copies of the Utility Relocation List
- Underground Utilities and the Utility Object Relocation Record - Above Ground
Objects and the Utility Relocation List - are provided in Appendix 6 of the Utilities
Manual.
It is the Departments policy that underground utilities will not normally be located
beneath the driving lane, shoulder, or ditch foreslope except for utility crossings.
Exceptions for existing utilities will be considered on a case-by-case basis where
roadway widening is proposed. All above-ground utility facilities must comply with
the WSDOT Utility Control Zone Guidelines in Appendix 5 of the Utilities Manual.
Most utilities exist within the states right-of-way by utility permit or franchise.
Utility permits are required for utilities that cross WSDOT right-of-way and are
longitudinal to the highway for no more than 300 feet. A franchise is required when a
utility will longitudinally occupy WSDOT right-of-way for more than 300 feet.
In general, the developer will be responsible for utility relocation costs where the
roadway improvements are for the benefit of the developer, such as driveways,
deceleration and acceleration tapers, auxiliary lanes and turning lanes associated with
access to the development. Where roadway improvements are being made that are
for the benefit of the general public, such as additional through lanes, the utilities that
are under WSDOT utility permit or franchise may be required to relocate at their own
cost. Projects will be evaluated on a case-by-case basis. Please see Appendix 31,
Cost Guidelines for Developer Required Utility Relocation.
The Region Utilities Engineer must approve the proposed utility relocations prior to
execution of the Developer Agreement.
7. Hydraulic Report/Stormwater Site Plan
A hydraulic report with supporting calculations, plans and details showing proposed
improvements is needed anytime storm water runoff enters state right of way from a
development site, or modifications are proposed for existing facilities out falling to
state facilities. Also a storm water site plan showing the temporary erosion control
(TESC) features proposed during the construction activities will be needed. This
portion of the documentation shall be on site during all construction activities for use
by a contractor, inspector, and any resource agency staff who may request to see it
during the construction stage.

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The Hydraulic report shall provide information on the existing drainage and site
conditions, local drainage requirements (if any), with citation of design criteria
applied to the design, discussion and design backup of the proposed drainage
and permanent erosion control work to be accomplished, including delineation of
drainage catchment areas, calculations for sizing and placement of all storm water
and erosion control facilities, plan sheets showing locations, profiles and any details
of specialty items to be installed. A listing of contents of the Hydraulic and Storm
Water Site Plan (TESC elements) may be found at:
http://www.wsdot.wa.gov/regions/Northwest/RP&S/Enviromental/HWQ/Stor
mwaterReportTemplate.pdf.
The web site includes a template for a Storm Water Report, which should be used
for developer projects. The template provides checklists, references to additional
materials, as well as indicating which elements are required for WSDOT projects
only.
Information called for above supplement by letter with appended attachments.
Drainage design and selection of TESC best management practices (BMPs) shall be
done in accordance with the following manuals or the local jurisdictions storm water
standards including any applicable approved basin or action plan, whichever is more
stringent, prior to discharge to the state right of way:
WSDOTs Hydraulic Manual
http://www.wsdot.wa.gov/fasc/EngineeringPublications/Manuals/
HydraulicsManual.pdf.
Washington State Department of Ecologys Stormwater Management Manual
for Western Washington
http://www.ecy.wa.gov/programs/wq/stormwater/Manual%20PDFs/
searchable_file.pdf.
Washington State Department of Ecologys Stormwater Management Manual
for Eastern Washington
http://www.ecy.wa.gov/programs/wq/stormwater/eastern_manual/
index.html.
WSDOT Highway Runoff Manual
http://www.wsdot.wa.gov/fasc/EngineeringPublications/Manuals/
Highway.pdf.
A field review of the downstream path must be conducted as called for in the above-
manuals and documentation provided identifying the features and conditions for
the drainage or stormwater path. An analysis shall be provided which ensures and
documents that these downstream facilities have adequate capacity and the proposed
improvements will not adversely degraded the existing system. Any potential
degradation in water quality or increase in the rate of discharge of storm water from
the site will require mitigation in accordance with the Washington State Department
of Ecologys requirements, or the local jurisdictions storm water standards if more
stringent, prior to the discharge to state right of way.

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The storm water site plan portion of the documentation shall identify the best
management practices (BMPs) selected and shall be appended with plan sheets
showing their proposed locations. BMPs shall minimize and control erosion and
sediment transport from the construction site. Construction runoff shall not exceed
allowable levels as defined in WAC 13-201A.
More information on completing and submitting a TESC Plan may be found at the
web site: http://www.wsdot.wa.gov/eese/environmental/TESCChecklist.pdf.
Documentation will be reviewed for compliance with state and local requirements
and more specifically checked to ensure storm water has been treated for detention
and water quality prior to discharge to the state facilities, and degradation of
downstream facilities do not occur or have been adequately mitigated for.
8. Air Quality
Certain types of developer projects have the potential to create both regional and
local air quality problems. Traffic mitigation in the form of additional traffic lanes
through-lanes, re-striping to create new traffic lanes, channelization/turn lanes,
installation of traffic signals and traffic synchronization are the main areas where air
quality is a concern. Please follow the process set out in the WSDOT Environmental
Procedures Manual, Air Quality chapter, to fulfill the air quality requirements when
impacting state highways or local roads that affect state highways. Note that air
quality technical studies and conformity determinations must include the current year,
the year of opening, and the horizon year for the appropriate regional long-range
transportation plan. The Manual can be found at the following web link:
http://www.wsdot.wa.gov/fasc/EngineeringPublications/Manuals/EPM/
425.pdf
For additional information on air quality see the WSDOT Air Quality web page
at: http://www.wsdot.wa.gov/regions/Northwest/rp&s/environmental/aae/
default.htm. Contact the WSDOT Air Quality program manager for any questions or
concerns.
9. Noise
Developments may create traffic volume increases that require mitigation in the
form of (1) additional highway lanes, (2) the horizontal or vertical realignment
of a highway, (3) the addition of a new highway, or (4) modification of highway
right of way topography to reduce shielding to sensitive locations. If any of the
four conditions occur as a result of a developer project a technical noise study
needs to be conducted by the developer to determine highway noise impacts
on sensitive locations. The study will also need to address noise mitigation
that may be reasonable and feasible per WSDOT requirements. The policy
and procedures for noise study are found on the WSDOT Acoustics web page at:
http://www.wsdot.wa.gov/regions/Northwest/rp&s/environmental/aae/
policies.htm. The Environmental Procedures Manual, Noise Chapter can be found
at:
http://www.wsdot.wa.gov/fasc/EngineeringPublications/Manuals/EPM/
446.pdf
Some additional pitfalls of development adjacent to roadways as a result of developer
action do occur even when new traffic lanes or alignments are not made on the
adjacent highway. Residential developers obtain approval from the local land use
authority to construct homes next to the highway. This occurs even though existing
or predicted traffic noise levels have made the land incompatible with residential

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development. New residents then complain that the highway is too noisy and
demand that WSDOT put up noise walls to protect their new investment. WSDOT
is not responsible for developer placement of sensitive receivers near roadways
and the developer needs to take responsibility to mitigate noise impacts within the
development plan as applicable. One method of reducing noise impacts to residential
areas is to place outdoor use areas in places that will be shielded by buildings or
topographic features. Contact the WSDOT noise program manager for additional
information and best management practices as needed.
10. Pavement Markings (Striping Plan)
A pavement-marking plan shows the type, size and location of the pavement
markings. It is required if there are any striping changes and/or additions. Pavement
markings are based on the approved intersection plan and may sometimes be included
on the intersection plan if they do not unduly complicate it. The type of pavement
markings should be designated in the developer agreement using the standard
terminology listed in Section 8-22 of the Standard Specifications.
11. Signing Plan
A signing plan is required if signs are added, removed, or relocated as a result of the
proposed roadway improvement. Most projects do not require a separate signing
plan. The signing details can be added to another plan sheet, provided that the plan
sheets are legible and titled accordingly.
If only a few signs are needed, it is acceptable to call out the sign type, size and
mounting requirements with a note adjacent to the sign location on the sheet. If
multiple signs are required, this information should be noted in a sign schedule table.
The size, lettering style and spacing, graphics and materials for signs are specified in
the Sign Fabrication Manual.
12. Right of Way Plan
In most cases, the required mitigation such as widening for turn lanes or shoulder
improvements can be accommodated within existing right-of-way. However, if
insufficient right-of-way exists, the developer must donate the necessary land to
WSDOT. The right-of-way must provide a wide enough corridor to include drainage
facilities (the back of the ditch), all signal and illumination facilities, utilities under
franchise, and any other feature that requires access for highway maintenance.
WSDOT will not exercise eminent domain authority (condemn property) to obtain
right of way for a private development.
WSDOT can request right of way donation from a developer to mitigate developer
traffic impacts to state highway based upon engineering plans, rather than approved
right of way plans. However, the donation must have a nexus to the direct impacts
and be proportional to these impacts.
Right-of-way donations must be completed before the Developer Agreement is
executed. A right of way plan shall be submitted showing stations and offsets of the
proposed donation area (fee or easement area). The Regions Real Estate Services
section will prepare the deed and/or easement that transfers title and/or property
rights to the state. Right-of-way revisions must be shown on the Channelization
(Intersection) Plan and the Utility Plan pending formal revision of the Right of Way
plan.

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13. Traffic Control Plans

Traffic Control Plans (TCPs) prepared according to the Manual on Uniform Traffic
Control Devices (MUTCD) are required for every project within WSDOT right of
way. The Region Traffic Control Engineer must approve them. No construction
requiring Traffic Control may begin without approved Traffic Control plans.
Traffic control plans provide a detailed description of traffic operations during
construction of the project. The plans must fully address the safety of construction
workers and the traveling public while limiting disruption of normal highway
operations. The working hours for the traffic control plan will be determined during
the review of the traffic control plan needed. They must cover the entire area affected
by the construction project, from the advance warning signs, through the work zone,
to the termination area. A separate plan is required for each work area and stage of
construction that impacts the highway. The length of the traffic control zone depends
on highway speeds, lane configurations, intersections, traffic signals and topographic
constraints.
Other construction plans that may be required:
14. Spill Prevention Control And Countermeasure (SPCC)
A Spill Prevention Control and Countermeasure (SPCC) plan may be required
for a Developer Agreement in order to minimize the potential for environmental
damage. An example of a previously approved SPCC plan can be obtained from the
Development Services homepage at: http://www.wsdot.wa.gov/regions/olympic/
planning.
Because the SPCC plan is usually prepared by the contractor hired to construct the
highway improvement, WSDOT will allow approval of the SPCC plan to occur after
execution of the Developer Agreement, but prior to a pre-construction meeting.
15. Fugitive Dust
In some cases, a fugitive dust plan is required to minimize dust emissions. The
Guide to Handling Fugitive Dust From Construction Projects is available from the
regional development services office. The guide lists some of the regulations that
apply and provides a list of best management practices. However, the developer must
still contact its local Air Pollution Control Agency, County Health Department and/or
Public Works Department to find out the specific requirements for the area in which
the project is located.
16. Asbestos
Developers must abide by asbestos regulations and guidelines when demolishing
existing infrastructure. Information on asbestos is available through local clean air
agencies, the state Department of Ecology, Labor and Industries, and the Federal
Environmental Protection Agency. When demolitions are involved with a project the
local jurisdiction is responsible to adhere to applicable regulations. The Association
of General Contractors provides a Guide to Handling Asbestos-Containing
Materials brochure and the WSDOTs Asbestos Operations and Maintenance
Manual, M27-80 (August, 1999) may be helpful. The Department of Ecology
website provides contact information for all the applicable Clean Air Agencies or
Pollution Control Districts with the state at: http://www.ecy.wa.gov/programs/air/
local.html.

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17. Geotechnical Report
A Geotechnical report may be required if the project involves any of the following:
Bridges with cuts and fills greater than 3 feet deep
Retaining walls
Signals and light standards
Sign bridges and cantilever signs
Culverts larger than 3 feet in diameter
Soft or otherwise unstable soils
WSDOT Headquarters Materials Laboratory approval of a Geotechnical report is
required for the following:
All Bridges
Retaining walls higher than 10 feet
Rock Walls higher than 5 feet
Gabion walls higher than 6 feet
Culverts larger than 3 feet in diameter
Cuts and fills greater than 10 feet deep
Fills, structures and culverts on soft soils
The Geotechnical report must be prepared by a licensed geotechnical engineer and
typically includes a brief geologic history of the area, a description of the subsurface
materials, drill logs, a discussion of the bearing capacity of the soils, and foundation
recommendations. The Region Materials Engineer must approve the Geotechnical
report findings.
Allow extra time in the review and approval schedule if the project requires Materials
Laboratory review. Examples of Geotechnical Reports are available upon request.
18. Survey monumentation
Any survey monument disturbed by a developer project must be restored to its
original condition at developers expense.

5.2.07 Assembly, Execution, Routing and Archiving Of Developer Agreements

Assembly and execution: When the engineering/construction plans and specifications
are reviewed and approved, the developer services staff adds them to the Developer
Agreement form along with a right of way plan and any other required exhibits,
completing the agreement package. The developer must first sign the completed
Developer Agreement. If required, the developer obtains the appropriate local agency
signature. The developer or local agency must return the signed agreement to the
Development Services office for WSDOT signature and final execution. Signature
authority for Developer Agreements varies among the different regions. See Appendix 5
for an example of a Developer Agreement.
Routing and archiving: Reference the Developer Agreement distribution checklist and put
the checklist in an exhibit. The original executed Developer Agreement should be sent to
Headquarter Financial Services for filing. Once the Developer's project is completed and
closed, the agreement should be kept within Region for six years. All agreements should
be filed in numeric order for easy access and finding. Archiving Developer Agreements
and back up information after six years is handled differently by each Region.
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5.2.08 Surety Bond, Assignment of Escrow Account or Savings

Account/Certificate of Deposit1
WSDOT requires a surety bond from the developer to ensure timely and proper
construction of the project according to the developer agreement. The developer (usually
his/her consultant) must provide an itemized estimate of construction costs. WSDOT
staff should review the estimate to ensure that it represents typical costs for similar
types of work. The amount of the surety bond is based on this cost estimate, including
all utility work and may also include a surcharge to cover cost overruns. Bonding for
local agency projects is at the discretion of the Department and in most cases will not be
required.
Bonding is usually secured through a standard WSDOT bond form, which names the
developer and the surety company. A bond certificate is attached to the form. The
developer may choose to provide an assignment of escrow account or assignment
of savings account/certificate of deposit in lieu of the bonding. The surety bond,
escrow account, or savings account/certificate of deposit is released after final WSDOT
inspection and approval of the construction. In some cases, a release of funds may be
only after a specified period of time to ensure performance of the improvement. Make
sure that the original bond, escrow account, savings account/certificate of deposit clearly
states the time of release, such as 30 days after final acceptance, 12 months after final
acceptance, etc.
Collection of the bond, or a portion thereof, may be pursued if the work is not completed
to the Departments satisfaction. The Department must give 30 thirty days written notice
prior to any action to collect on the bond. The notice must include a detailed list of
the incomplete items or outstanding payments, and the name and phone number of the
appropriate Department contact.
At the discretion of regional development services staff, the bond may be required
prior to the execution of the Developer Agreement or, at the latest, at the time of the
pre-construction meeting. In any case, no work should be allowed on WSDOT
right-of-way until the bond is secured.
Surety Bond form, Assignment of Escrow Account and Assignment of Savings
Account/Certificate of Deposit forms as well as an example of a bond release letter
can be found in Appendix 24.

5.2.09 Construction Administration

After a Developer Agreement is executed, the construction work must be administered
much the same as a state contract would be. In some regions the development services
manager oversees the construction phase of the project, including materials certification,
field inspection, schedule management, and final documentation. In some regions a
WSDOT Project Engineer is assigned review oversight of the construction work as
with a state contract.
In any case, the appropriate level of attention must be given to developer projects to
ensure that they are constructed to WSDOT standards and specifications common to
any work performed on state highways.

1 WSDOT shall only accept a bond, assignment of escrow account or assignment of savings account/certicateof
deposit from the developer, never the developers contractor. Otherwise, WSDOT may not have financial recourse
against the developer.
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1. Materials Certification
All materials incorporated into WSDOT facilities must be certified according to
the WSDOT Standard Specifications and the special provisions of the Developer
Agreement. Materials certification is obtained through developer (or contractor)
submittal of Request for Approval of Materials Source (RAMS.) Testing and
approval requirements are given in Chapter 9 of the Construction Manual and in the
Standard Specifications. While many materials require testing at the Headquarters
Materials Lab, the Qualified Products List can streamline this process. Acceptance
of some materials by Manufacturers Certificate of Compliance is also an acceptable
practice, especially for the minor quantities associated with many developer projects.
Nevertheless, all materials must be approved by the WSDOT on a RAMS form (Form
No. 350-071 EF) and all materials must meet WSDOT specifications.
Hot Mix Asphalt (HMA)
Hot Mix Asphalt (HMA) is one material that normally requires a lengthy, expensive
approval process for state contracts. Many sources and HMA designs in the Puget
Sound area are pre-approved by WSDOT and do not require repetitive approvals. On
the east side of the state an abbreviated approval process that is acceptable is to allow
the use of a mix design and supplier that has been previously used on a state contract.
Acceptance may be by manufacturers certificate of compliance.
Signals/Illumination
Electrical materials require technically demanding testing procedures. The use of the
Qualified Products List simplifies the approval process. If the developers contractor
does not use pre-approved poles, signal pole shop drawings must be approved by
HQs Bridge/Structures office.
For signals under WSDOT jurisdiction (cities under 22,500), signal controllers
must be tested at the WSDOT Headquarters or Regional Materials Lab (testing
responsibility may vary from Region to Region). This typically takes three to six
weeks.
Approved Source for Aggregates
Aggregates may be approved by manufacturers certificate of compliance. They must
be produced from a WSDOT approved source. This should be communicated, in
writing, to the developer or his/her contractor early in the process.
2. Pre-construction Conference
A well-planned pre-construction conference is an important first step to a successful
construction project. This meeting is required before construction can begin. The
purpose of the pre-construction conference is to introduce the developers contractor
to the WSDOT representative and to review the details of the project. The developer
is required to submit a progress schedule and the SPCC plan, when required, at
the pre-construction conference. Other recommended attendees include the prime
contractor, subcontractors, the consultant engineer and, if applicable, a representative
from the local agency. It is especially important to review scheduling, traffic control,
outstanding materials certification issues, coordination issues, and any items that
are not explicitly detailed in the Developer Agreement. If the surety bond was not
secured prior to execution of the Developer Agreement, it should be required no later
than the pre-construction conference.
Guidelines for a pre-construction conference can be found in Sections 1-2.1C through
1-2.2C of the WSDOT Construction Manual.

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Liability Insurance
A contractor must have liability insurance for at lease $1,000,000 to work within
WSDOT right of way. A certificate of liability insurance naming WSDOT as an
insured party should be provided at the pre-construction conference.
3. Construction Inspection
The level of field inspection required for a developer project varies with the project
complexity and regional policy. In some regions the development services offices
have their own inspectors. Other regions assign inspection of developer projects to
a WSDOT Project Engineer. Regardless of the complexity of the project, the project
manager must ensure that construction of all work on WSDOT facilities is adequately
inspected for compliance with the Standard Specifications and special provisions.
Any proposed changes in the project, after execution of the Developer
Agreement, must be reviewed and approved by the WSDOT. Changes may
be required by the State if on-site conditions do not prove to be as expected.
Minor changes may be resolved in the field with adequate documentation
by the WSDOT representative. For any significant design change, WSDOT
must notify the developer in writing, stating the specific conditions that must
be resolved before the project will be approved. The developer must submit
a written proposal, with plans and supporting documentation, showing what
changes will be made to meet the Departments requirements. Plan revisions
and addenda will require support office review as was required for the original
plan set.
Documentation
Inspection of the project must be documented. Use of a Daily Diary or the
WSDOT Inspectors Daily Report (IDR) form is recommended. IDRs and/or Daily
Diaries must be kept with a project file with materials certification information,
compaction reports, photos, and any other information that is pertinent to construction
administration.
Certified Traffic Control Supervisor
For large and complex projects, the developer or his contractor must employ a
certified traffic control supervisor as detailed in Section 1-10.2(1)B of the Standard
Specifications to manage work zone traffic control.
4. Final Inspection/Acceptance
At the conclusion of construction, a final inspection must be completed using the
Construction Inspection Checklist. See Appendix 27. Upon satisfactory completion
of the project, the WSDOT shall write a letter of final acceptance. If the agreement
is a Developer/Local Agency Agreement, then acceptance by the local agency is
a prerequisite to final acceptance by WSDOT. Bond, escrow account, or savings
account/certificate of deposit release may be made in the final acceptance letter, or it
may be held for the longer period of time specified on the bond, escrow account, or
savings account/certificate of deposit to ensure performance of the improvements.

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PART 3 Interlocal Agreements

5.3.01 General
WSDOT, counties and cities have successfully used Interlocal Agreements to provide
an equitable and predictable development review process. Appendix 11 provides an
Interlocal Agreement model to be used by WSDOT with a city or county. Although
the work involved in negotiating these agreements may be time consuming, they can
eliminate many issues encountered between local agencies and the Development Services
Staff.

5.3.02 Legal Basis For Interlocal Agreements

GMA (the Growth Management Act) mandates that local governments must plan for
orderly growth. SEPA (State Environmental Policy Act) requires state and local agencies
to review proposed development plans for significant adverse environmental impacts,
including impacts to transportation facilities, and to provide for the mitigation of those
impacts.
State highways are considered public facilities and an important part of the transportation
infrastructure. Local agencies are responsible for informing the WSDOT regional
Development Services office about proposed developments that may impact the state
highway system.
WSDOT is responsible for reviewing developer proposals in a timely manner. If
established traffic thresholds are exceeded2, WSDOT shall propose appropriate
mitigation measures to the local agency as requested conditions of plan approval.

5.3.03 Benefits
An Interlocal Agreement provides a timely and predictable means of determining whether
a developer project will cause significant adverse impacts to the state highway system
and provides a stream-lined mechanism by which mitigation measures are calculated and
required as a condition of plan approval, if necessary, for all parties involved.
WSDOT benefits by being able to leverage limited funds and advance needed
improvements to state highways adversely impacted by new development.
Local government benefits by having needed transportation improvements
constructed.
Taxpayers benefit by not subsidizing the mitigation of transportation impacts caused
by new development.
Developers benefit by knowing up-front what type of mitigation will be required and
what it will cost. Each developer will be treated equitably and the requirement for
traffic analysis for smaller developments is eliminated.

5.3.04 Basic Interlocal Agreement Elements

Development Services Staff and local agencies negotiate the terms of each Interlocal
Agreement. These agreements may contain elements that are unique to the local
jurisdiction. But every Interlocal Agreement contains the framework following:
Notification
The local agency will notify WSDOT of all development proposals that are subject to
SEPA review.

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Thresholds
The Department and the local agency will agree upon the level of impact, which will
trigger WSDOT review of a development proposal. This threshold is normally based on
the number of trips, LOS and/or accident history of the section of impacted highway3.
Having frontage on a state highway also will trigger WSDOTs review of a development
plan.
Review Time
The local agency will allow WSDOT an agreed upon minimum review period once a
developer plan is received. Regional Development Services staff has the responsibility
to thoroughly review the proposal, which may include consultation with staff who have
traffic and environmental expertise. The Interlocal Agreement specifies the amount of
time that the local agency and/or SEPA will allow for department review. Typically,
this ranges from 14 to 21 days for SEPA DNS projects and 21 to 30 days for projects
requiring an EIS.

5.3.05 Local Jurisdiction Mitigation Commitment

Provide in the Interlocal Agreement that the local jurisdiction agrees to collect traffic
mitigation payments and/or impose certain channelization improvements and/or require
right of way dedication/donation on behalf of WSDOT.

5.3.06 How It Works

An Interlocal Agreement establishes city or county and WSDOT procedures for
development plan review and determination of transportation impacts. It clarifies when
traffic analyses are required and helps to define mitigation measures. The agreement also
provides a reasonable timeline for review of development plans.
Interlocal Agreements also provide the following:
A list of WSDOT improvement projects for the next ten years, subject to amendment
updates.
Mitigation charges based on ADT or Peak-Hour Trip for developer traffic; i.e., Traffic
Mitigation Payment, channelization revision, signalization, right of way dedication/
donation, etc.
A procedure for requiring traffic studies, including a checklist for those studies.
How intersection LOS requirements will be met and addresses High Accident
Location (HAL).
A procedure for transfer of mitigation payments from local agency to WSDOT.
A procedure for dedication/donation of right of way to WSDOT and/or provides for
establishment of setbacks for future highway projects.
A method for allowing credits against traffic mitigation payments for developer
construction work, and/or right-of-way dedications/donations that benefit the highway
or future highway construction projects.
Reference to appeal process for developers who dispute WSDOT requirements.
Unilateral termination of the agreement by WSDOT or Local Agency.

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5.3.07 Who Is Affected?

Interlocal Agreements apply to: (1) all developments having frontage on OR requiring
direct access onto a state highway AND/OR (2) all developments, which will be subject
to SEPA review. Single family residences, duplexes, short plats and certain small
commercial developments are excluded, consistent with SEPA regulations unless they are
located adjacent to a state highway.

5.3.08 When Is It Worth Doing?

Some local agencies are located in areas with rapid population and commercial growth.
Developers in high growth counties and cities may generate several projects a year,
affecting state highways. In these situations, there is a definite long-term benefit to
having an Interlocal Agreement in place.
Interlocal Agreements normally take a significant amount of staff time to set up. There
are preliminary negotiations, review of draft agreements, meetings with city councils or
county commissioners. All this occurs while your other work continues. But once in
place, the agreement soon repays the time invested.

5.3.09 TBD And LID Policy

WSDOT desires to treat developers fairly. In some instances developers have agreed
to participate in cost sharing as part of a Traffic Benefit District (TBD) or Local
Improvement District (LID). If these contributions are wholly or partially used to
mitigate developer impacts to the state highway, WSDOT will not seek further mitigation.

5.3.10 Local Transportation Act (RCW 39.92)

This statutory provision authorizes local governments to develop and adopt programs
for the purpose of jointly funding, from public and private sources, transportation
improvements necessitated in whole or in part by economic development and growth
within their respective jurisdictions. This supplemental authority allows local
governments to enact, if certain procedures are followed, ordinances that will set forth
the procedures for calculating, assessing and spending transportation impact fees. This
procedure can be used only if monies or improvements have not been collected through
SEPA and/or RCW 82.02. For more information on this please refer to RCW 39.92 in
Appendix 28.

PART 4 Other Agreements

5.4.00 Overview
Other forms of agreements may be used, including custom written agreements between
various entities and WSDOT. Whatever form an agreement takes, it must be written to
ensure consistent application of WSDOT design standards, access management rules,
construction practices, etc. Below are examples of agreements that are sometimes used
for developer projects.

5.4.01 General Permits

General permits are another form of agreement for documenting terms for allowing
work to be done on state right of way. General permits are often used for improvements
initiated and financed by a local agency, for road approach/intersection improvements
on limited access highways (in lieu of an access connection permit), or for roadside
work that does not fit the normal range of projects for which a developer agreement
would apply.

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Like developer agreements, general permits use a boilerplate form with accompanying
special provisions and are usually supplemented by construction plans or drawings
and specifications. The plan development and review process is the same as it is for
developer agreements, but it may be greatly simplified, depending on the complexity of
the project.

5.4.02 Access Connection Permits

The access connection permitting process is covered in detail in Chapter 6. Most access
connection permits are for simple road approaches. But, some are for commercial
businesses with high volume, large vehicles, or other special impacts. Such uses warrant
considerable design analysis and engineering. For commercial approaches a Developer
Agreement is often written as a companion document to the access connection permit
to detail the construction requirements. In other cases the permit may include all of the
construction plans and specifications. When this is the case, the same plans development
and review process must be followed as for a Developer Agreement in order to meet the
WSDOT development services objectives.

5.4.03 Developer Agreement: Construction by State At Developer Expense

(as a stand-alone project)
Under this agreement form, WSDOT agrees to build the project for the developer as a
separate project. The project will have to go through the normal ad and award process.
This type of agreement is required by FHWA if the improvements are constructed on
the Interstate system and may impact the mainline traffic. An example would be a
developer-funded signal installation on an off-ramp where it is likely the construction
will impact the mainline traffic. See Appendix 5 for an example.

5.4.04 Developer Mitigation Agreement: Collection of Pro Rata Share

Contribution Toward a WSDOT Project.
This is a non-standard agreement that establishes a contract between the WSDOT and the
developer whereby the developer can contribute toward a programmed WSDOT project
to mitigate impacts to the state highway system. It can be modified to include a third-
party when the WSDOT has a joint project with a city or county.
The Developer Mitigation Agreement form can be found in Appendix 30.

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5.4.05 Subterranean Monitoring Permits

All monitoring wells and piezometers will be handled by a Subterranean Monitoring Permit.
This permit allows the use of WSDOTs property for the installation, monitoring and removal
of subterranean monitoring devices. The consideration shall include supplying WSDOT with
all reports, data and analysis related to the studies conducted on the property.
The applicant will submit requests to the Development Services Office in the Region where the
monitoring device will be located. The Regional Development Services Office may forward
the request to another regional office for processing of the permit.
Each permit application will include the following:
The real property identified by sketches, maps, construction plans and must include an
annotated WSDOT Right of Way plan.
The number of proposed devices/borings including the exact location, type and the
purpose.
The proposed duration including construction dates and inspection/frequency of
monitoring.
Proof of all local and environmental permits and approvals.
Access to each individual boring/device including traffic control plans, if required.
WSDOT will review the written notification and determine the following:
Verification of ownership and research to determine that the property is not currently
under lease, franchise, permit, and other encumbrance that would prohibit the use of the
identified property for the proposed use.
The property is not presently, nor in the foreseeable future, needed for highway purposes.
The proposed devices/borings can be accommodated on the WSDOT property.
Note: In some instances the location will require a break in Limited Access that will require
additional reviews and approvals from the WSDOTs HQ Access & Hearings Office. The
Region Development Services office will coordinate the additional review process. The Region
Development Services office may obtain additional input from other WSDOT offices based on
device/boring locations (i.e. environmental, hydraulics, traffic, maintenance, etc.)
The Region has the responsibility and authority to:
Issue Subterranean Monitoring Permits.
Deny a permit application.
Enter the permit information into the Roadway Access Permit Management System
(RAMPS) database.
The Subterranean Monitoring Permit will be substantially the same form as the draft exhibit
attached hereto and made a part of.

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5.4.06 Transit Stop Permits

The Washington State Department of Transportation is hereinafter referred to as the STATE,
the Federal Highway Administration is referred to as FHWA, and the Transit Stop Permit
applicant is referred to as the AGENCY. The transit stop, with or without a shelter or other
amenities, is referred to as the FACILITY.
The STATE may issue a Transit Stop Permit, for an AGENCY requested FACILITY on a
state highway or Interstate under the jurisdiction of the STATE and/or FHWA, provided
the FACILITY meets the requirement of the STATE and/or FHWA as listed below. FHWA
approval is required on all FACILITIES located within Interstate right-of-way.
The STATE may issue Transit Permits for a FACILITY provided the following conditions are
met:
At no time shall the FACILITY exceed 1,000 square feet in size on STATE right-of-way
and/or Interstate (with or without a shelter). The roadway pavement for the bus pullout,
sidewalks integral to the STATE highway, and any fiber optic service and/or utilities that
will serve the FACILITY will not be counted against the 1,000 square foot FACILITY
limit.
At no time shall the Transit Stop Permit be used for a FACILITY located on an Interstate
Highway mainline.
No advertising will be allowed at any Transit Stop.
The FACILITY is 1,000 square feet or less and no two FACILITIES may adjoin each other
on the same side of the STATE highway. If the FACILITY is over 1,000 square feet, then
an Air Space Lease is required.
The FACILITY may have more than one shelter, provided the overall square footage, as
described above, is less than 1,000 square feet.
STATE does not issue permits within incorporated cities or towns on managed access
highways. Cities and towns issue permits within their incorporated boundaries on STATE
managed access highways. The STATE will issue permits on all limited access highways.
Based upon the FACILITYS proposed location, the AGENCY may submit an Application
for Transit Stop Permit to the appropriate STATE (WSDOT) Regional Office. The Regional
Development Services Office may forward the request to another regional office for processing
of the permit.
The STATEs Regional Office will:
Verify WSDOTs ownership and that the property is not currently under lease, franchise,
permit, and other encumbrance that would prohibit the use of the identified property for the
proposed use.
Verify the property is not presently, nor in the foreseeable future, needed for highway
purposes.
Coordinate a review of any application on Interstate property with the HQ Development
Services & Access Manager.

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Transit Stop Permits are issued at no cost to the AGENCY, provided the STATEs effort to
process and prepare the permit, including any field inspection that may be needed, is routine
or minimal as determined by the STATE. In the rare occurrence when the AGENCY requested
Facility will result in the STATE expending additional time and resources beyond what would
normally be expected for a typical review, the STATE may require a reimbursable account
to be established with the AGENCY to recoup those extraordinary expenses. The STATEs
applicable regional Development Services Office will coordinate the additional review process.
The STATE has the responsibility to:
Issue Transit Stop Permits as noted above, utilizing the guidance of the WSDOT Design
Manual Chapter 1430.
Deny a permit application for safety or operational concerns.
Notify the AGENCY if there are any site plan deficiencies or other items that must be
corrected before a Transit Stop Permit can be issued.
Retain ownership of the state highway right of way on which the transit stop improvements
are made.
Enter the permit information into the Roadway Access Permit Management System
(RAMPS) database.
Hold responsibility for all revisions to the Transit Stop Application, Transit Stop Permit
and the Transit Stop Policy, and will coordinate all requisite manual updates.
Not charge rent for the FACILTY after construction, except as noted above when an Air
Space Lease is required.
The AGENCY is required to:
Maintain the FACILITY in a safe and presentable condition and remove all trash, repair
damage, and remove graffiti in a timely manner, and any other conditions that may be
specified in the Transit Stop Permit.
If requested by the STATE, a preconstruction conference must be held within ten (10)
working days at which the STATE, the AGENCY and the AGENCYs contractor (if
applicable) shall be present.
Retain ownership of all improvements constructed/installed on the STATE right of way for
by the AGENCY for the FACILITY.
Remove the FACILITY at its sole expense within 90 calendar days after receiving
written notice of termination from STATE, or immediately in the case of an emergency as
determined by the STATE.
If any additional parties request to use the FACILITY as a transit stop, AGENCY shall
require that the additional party obtain a Transit Permit from STATE prior to using the
FACILITY.
The Transit Stop Application and Transit Stop Permit will be in substantially the same form as
the draft exhibit attached hereto and made a part of.

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 Managed Access and Limited Access Highways

Managed Access and

Chapter 6 Limited Access Highways
6.0.00 General
Access onto all state highways is regulated. A state highway may be a limited access
highway as defined by RCW 47.52 (see Appendix 16), wherein the state owns the
property right of access along the highway, or a managed access highway, wherein either
the WSDOT, under RCW 47.50 (see Appendix 12), or a city pursuant to RCW 47.24 (see
Appendix 15), has the authority to issue an access permit to an abutting owner for access
onto the highway. This includes highways that have been established as limited access
and have not yet acquired the right of access from the abutting property owners.
A Development Services Representative must follow different procedures when
considering an application for access onto a highway, depending upon whether the
highway is a limited access highway or a managed access highway. Part 1 covers
Managed Access Highways, and Part 2 covers Limited Access Highways.

6.0.01 Access Permit Authority

Limited Access Highways: The approving authority for access onto any limited
access highway is the Environmental and Engineering Programs (E&EP) Director with
concurrence from the Director, Real Estate Services, both located at Headquarters. No
access may be permitted onto a limited access highway without the value determination
process being completed.
Managed Access Highways Outside Corporate Limits: The approving authority for
access permits onto managed access highways outside corporate limits of a city or town
is WSDOT at the Regional level. See WAC 468-51(Appendix 13) Access Permits
Administrative Process for the permit fee schedule and an application process.
Managed Access Highways Within Corporate Limits: The approving authority for
access permits onto managed access highways inside the corporate limits of a city or
town is with the city or town. RCW 47.50.020 gives cities or towns jurisdiction over
Access Managed state highways within incorporated areas. RCW 47.50.030(3) requires
local jurisdictions to adopt standards for access permitting which meet or exceed
WSDOT standards. WSDOT may act as a permitting agent for the city or county if there
is an appropriate intergovernmental agreement in place. The agreement must include
a hold harmless clause to protect the department from actions associated with access
permits and connections within the incorporated area. The agreement should also be
reviewed by the Attorney Generals Office prior to its execution.

PART 1: Managed Access Highways

6.1.01 General
In 1991, the Washington State legislature passed an additional law to regulate access
onto state highways: RCW 47.50 Highway Access Management. This law required
the WSDOT to develop new sets of rules to be included into Washington Administrative
Code (WAC) for those state highways. RCW 47.50 created a new type of state highway
designation called Controlled Access highways or Access Managed highways for those
highways not already acquired as Limited Access highways.

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The Highway Access Management law is intended to help preserve the safe and efficient
operation of state highways. Every owner of property that abuts the state highway
system, where limited access rights have not been acquired, has a right to reasonable
access. If access can be provided to another public road, which abuts the property, access
to the state highway may be restricted. The right to access is regulated by laws described
in RCW 47.50, WAC 468-51, and WAC 468-52 (Appendix 14).
No connection to a state highway shall be constructed or altered without obtaining an
access connection permit in advance of such action. All costs including construction
or alteration of a connection shall be borne by the permittee unless the relocation
or alteration is made at the request of WSDOT or pursuant to a WSDOT project.
RCW 47.50.040(2).

6.1.02 Managed Access Highway Rules

WAC 468-51 Access Permits Administrative Process, applies to non Limited
Access state highways outside the incorporated limits of a town or city. It established
the permit fee schedule and an application process for all access connections to the
state highway system. See page 6-6 for Permit Fee Schedule.
WAC 468-52 Access Control Classification System and Standards, established
a classification system and design standards for all Managed Access Highways,
including state highways located within the incorporated limits of a town or city.

6.1.03 Managed Access Definitions/Elements

Access Classification
The highway classification system includes five classes, ranging from the most restrictive
Class 1, to the least restrictive Class 5. These classes establish the criteria for permitting
public and private approaches. Each Regions Highway Access Management Access
Control Classification is found in: http://www.wsdot.wa.gov/EESC/Design/Access/
Open_AccessMgmt.FP5
Access Categories
Each connection permit issued to a property owner or developer, is dependent on the
amount and type of traffic, which will use the connection. Access connections are
divided into four categories:
Category I (Minimum Connection)agriculture, utility, residential (up to ten (10)
homes) and small commercial sites which generate less than 100 Average Weekday
Vehicle Trip Ends (AWDVTE).
Category II (Minor Connection)any access generating 1,500 or less, trips per day, but
not included in Category I.
Category III (Major Connection)High volume traffic generators expected to have an
AWDVTE exceeding 1,500.
Category IV (Temporary Connection)provides a temporary time limited connection
to a state highway for a specific property for a specific use with a specific traffic
volume. Such uses include, but are not limited to logging, forestland clearing, temporary
agricultural uses, temporary construction and temporary emergency access and access in
areas of established limited access control where property rights have not been purchased
by the state.

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Conforming and Nonconforming Accesses

An access is defined as "conforming" if it meets or exceeds current department location,
spacing and design criteria. An access is defined as "nonconforming" if it does not meet
current department location, spacing and design criteria. The distinction between a
conforming and nonconforming access is important because a nonconforming access may
be subject to relocation or removal at the departments discretion.
Important Note: A December 17, 1996 memorandum from the Access and Hearings
Engineer clarified that all approaches on Class 1 and Class 2 highways must be defined
as nonconforming. Also, WAC 468-52-040 states that access connections to Class 1
and Class 2 highways must be removed if and when other reasonable access becomes
available. (Refer to DM Chapter 1435, this has additional references for the Class 1 and
Class 2 connections.)
Variance
Variance permit means a special nonconforming or additional connection permit,
issued for a location not normally permitted by current department standards, after an
engineering study demonstrates, to the satisfaction of the department, that the connection
will not adversely affect the safety, maintenance or operation of the highway in
accordance with its assigned classification. This permit will remain valid until modified
or revoked by the WSDOT or where applicable, the city or town.
Variance permits are not issued for:
Class 1 highways
Approaches not meeting corner clearance criteria (WAC 468-52.040). See DM
Chapter 1435 for this information.
What is the difference between a Nonconforming Permit and a Variance Permit?
A "nonconforming" permit is issued when the access does not meet current
department location, spacing and design criteria AND the property has no other
means of accessing the public road System. Conditions impacting the use of a
nonconforming access include but are not limited to traffic volumes, future alternate
access, and identification of all users.
A "variance" permit is issued at WSDOTs discretion. Although other means of access
are available, other issues such as land locked property, improving site circulation for
safety and the location of their legal access easements can be reasons for a variance to
be considered by WSDOT. Conditions include but are not limited to traffic volumes
and identification of all users.
Grandfathered Connections
After the passage of the RCW 47.50 Highway Access Management, permits were
required for approaches onto Managed Access highways. Approaches in existence and
in active use prior to July 1,1990, are exempted from permitting. These grand fathered
approaches do not require an access connection permit if both the use and highway
volumes remain the same as July 1, 1990. When the land use, the land access location, or
the physical configuration of the access points change, or the highway volumes increase,
the property owner must apply for an Access Connection Permit from the department.
If the permit is not obtained, the connection may be closed pursuant to RCW 47.50.040.
The attached table references the appropriate RCWs or WACs for some of the key
elements for the guidance of access permitting to Access Managed highways.

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Criteria RCW or WAC

Access Classifications WAC 468-52-040
Categories of approaches WAC 468-51-040
Grandfathered connections RCW 47.50.080, WAC 468-51-130
Contiguous Parcels WAC 468-52-020
Conforming/nonconforming WAC 468-51-020, WAC 468-52-020, WAC 468-51-100
Variance WAC 468-51-020, WAC 468-52-020, WAC 468-51-105
Change in use WAC 468-51-110
RCW 47.24, RCW 47.50.030, WAC 468-51-010,
Jurisdiction/authority
WAC 468-51-060
Bonding and permit fees WAC 468-51-070
Adjudicative procedures WAC 468-51-150

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Permits Allowed
Highway
Classification & Minimum Access Limitations
Non-
Definition Variance Conforming Access
Conforming
Spacing

Class 1* Yes No No 1320 1 access only to contiguous

Mobility is parcels under same
primary function ownership.

Private direct access not

allowed unless no other
reasonable access exists.
(Must use county road
system if possible.)*

Class 2* Yes Yes No 660 1 access only to contiguous

Mobility Favored parcels under same
over Access ownership unless frontage >
1320.

Private direct access not

allowed unless no other
reasonable access exists.
(Must use county road
system if possible.)*

Class 3 Yes Yes Yes 330 1 access only to contiguous

Balance between parcels under same
Mobility and ownership.
Access in areas
with less than Joint access for subdivisions
Maximum Build preferred, but private direct
out access allowed with reason.

Class 4 Yes Yes Yes 250 1 access only to contiguous

Balance between parcels under same
Mobility and ownership.
Access in areas
nearing Maximum
Build out

Class 5 Yes Yes Yes 125 More than 1 connection

Access needs per ownership allowed with
may have reason.
priority over
Mobility needs

* Per WAC 468-52-040, the access connection shall continue until such time that other reasonable
access to a highway with a less restrictive access control classification or acceptable access to the
general street system becomes available and is permitted.

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6.1.04 Access Connection Permit Process

The typical Access Connection Permit process is shown in the flowchart found
in Appendix 6 and is described in the following eight steps.
Step 1 Determination of Need and Authority for Access Connection Permit
The permit process may be initiated based on an action or request by a property owner
or development proposal. The application is for access onto a Managed Access state
highway, Class 1-Class 5. If a Managed Access highway is within an incorporated
city or town, the local jurisdiction is the approving authority for the permit. The local
jurisdictions, by state law (RCW 47.50.030(3)), are required to adopt access standards
that meet or exceed WSDOT standards. If the request is proposing to access onto a
Limited Access section of highway, refer to Part 2, Limited Access Highways of this
chapter.
During the initial contact with the applicant, general information is exchanged to
determine the need for direct access to the state highway. This contact may be in the
form of a telephone call, email, direct contact, or in response to a SEPA development
proposal. Essential information needed from the applicant for evaluation includes the
state highway, approximate milepost, the type of land use action, and the availability of
access to an adjacent public road. This information is used to pre-screen applications.
For example, if the parcel is within the city or town, refer the applicant to the city or
town. Or, if the parcel has access to another public road, direct access to the highway is
generally not provided.
If the proposed connection is within WSDOT jurisdiction and meets the initial criteria
for access to the state highway, the owner must complete the Application for Access
Connection (WSDOT Form 224-694, currently Rev.7/99) and submit the appropriate
fee (see table below). This permit fee is non-refundable. See Appendix 19 for copy of
access application.

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Access Connection Fee Schedule

CATEGORY I (Minimum Connection) Fee***
Field (Agricultural, Forest Lands, Utility Operations and Maintenance). $ 50
For each residential dwelling unit (up to 10 units) utilizing a single connection $ 50
point
Other, with 100 AWDVTE* or less $ 500
Fee per additional connection point $ 50

Category II (Minor Connection)**

Less than 1,000 AWDVTE* $ 1,000
1,000 to 1,500 AWDVTE* $ 1,500
Fee per additional connection point $ 250

Category III (Major Connection)** Cost

1,500 to 2,500 AWDVTE* $ 2,500
Over 2,500 AWDVTE* $ 4,000
Fee per additional connection point $ 1,000

Category IV (Temporary Connection)

Base fee per connection $ 100
* AWDVTE - Average Weekday Vehicle Trip Ends.
** Require a traffic analysis, signed by a professional engineer, licensed in
accordance with RCW 18.43.
*** Fee structure is derived from WAC 468-51-070.
Step 2 Review of Permit Application
Review the application for completeness. WAC 468-51-060 specifies the minimum
information that must be contained on the application. Category I and Category IV
connections normally require only the minimum information. Category II and III
connections require more detailed information, such as a Traffic Impact Analysis.
Regardless of Category, all applications must be complete and accurate. If the
application is incomplete, the applicant must provide the missing information before
WSDOT can complete the review.
Step 3 Establish Location and Status of Access
Following review of the access application, the location and status of the proposed
approach must be verified. Check the location to determine if this is a new, existing
permitted, or grandfathered approach. Initially this task is done within the office.
Resources available include SR View, right-of-way plans, aerial strip maps, RAMPS or
other database, and contract as-built plans.
Step 4 Determine Access Classification
Determine the access classification of the highway (Class 1-5) at the location of
the proposed approach. See the Highway Classification Description Table in this
chapter.

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Important Note: Check the Access Management Tracking System to determine

whether the highway has been either acquired or established as a limited access
highway. Established is defined as planned limited access right of way adopted by the
Legislative commission. For state highways that have been established as a Limited
Access Highway, but the access rights have not yet been purchased by the WSDOT, the
property owners rights are regulated through the Access Connection permitting process
of the managed access program.
Step 5 Initiate Formal Review
A field review of the site is required. The approach shall be evaluated to see if it meets
WSDOT design criteria for the access classification. Design criteria are based on corner
clearance, driveway and public connection spacing, and sight distance. The sight
distance is dependent on the posted speed limit.
Based on the application, determine the appropriate road approach design template
from the Design Manual Section 920, Road Approaches. Verify if the approach can be
constructed in accordance with the appropriate design template.
Solicit review of access connection application from various support groups.
Maintenance, Real Estate Services, Headquarters Access and Hearings Unit, Traffic,
Environmental, Utilities and Project Engineers may have specific requirements beyond
the typical storm drain culvert and mailbox turnout.
Step 6 Final Determination
If the proposed approach connection meets all criteria after the field review and input
from the support groups, complete the Access Connection Permit (Form 224-005). In
addition to the permit form and general provisions, the following exhibits are required:
Special Provisions
Approach Design Templates (Design Manual: Figures 920-3, 920-4 and 920-5)
Other appropriate exhibits, as needed (e.g. removal details, guardrail details, sign
details, site plan, right-of-way plan sheet and mailbox turnout).
Upon completion, send two (amount at Regions discretion) complete permit packages,
to the owner for signature. Within the letter to the property owner, include all pertinent
information and request the surety bond (or assignment of savings) in the amount
required by your Region. Per WAC 468-51-080, the owner has thirty (30) days to sign
and return the permit. See Appendices 20 and 22 for an example letter, permit, and
exhibits.
Step 7 Construction Bonding
Bonding is required for the construction of all road approaches. This bond amount
is generally based on the estimated cost of the road approach construction. As an
alternative, some Regions have opted to use an Assignment of Savings Account/
Certificate of Deposit for the purpose of fulfilling the requirement of bonding collateral.
WAC 468-51-070 Fees and surety bonds sets the non-refundable fee structure, and
references bonding requirements for the access connection permit process. This rule also
addresses any additional fees that may be assessed to the applicant. Fees can be assessed
for the actual costs incurred by the WSDOT in the review and administration of the
applicants proposal that exceed the required base fees.
Copies of the appropriate bond form, Assignment of Savings/Certificate of Deposit form
and example Bond Release letter are provided in Appendix 24.

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Step 8 Execution of Permit

Once the access connection permit has been signed by the owner and returned to the
Department (with bond or assignment of savings), the permit is considered executed after
signature by the Department. An original signed permit is sent to the owner. The other
original permit is retained for our records. A copy of the permit is sent to the respective
Area Maintenance Superintendent. The Department representative administering the
construction of the access should receive a copy of the permit as well. The permittee has
90 days to begin work and 120 days to complete the work after permit issuance. Time
extensions can be granted at the Regions discretion. The construction work should be
coordinated with the respective Area Maintenance office or project inspector. Once the
access construction is completed, a checklist or letter is typically returned to the Region
indicating the work has been completed and meets all requirements. (See Appendix 23 for
Example-Road Approach Installation checklist) At that point, a bond release letter should
be sent to the bonding company or the property owner.
Depending on the complexity of the approach, it may be necessary to retain the bond for
a longer period to address any performance issues.
In the event the approach is not constructed within the required time, or does not meet the
conditions of the access permit, the Department may act on one or more of the following:
Extend time;
Notify the property owner about the deficiencies;
Cancel the permit and close road approach; and/or
Utilize the bond to correct the deficiency.
Actions taken shall be in compliance with the conditions of the permit and
WAC 468-51-120.
Step 9 Denial of Access Connection; Adjudicative Proceedings
The adjudicative proceedings for access denial or closure is outlined in the Design
Manual 1435.10 and WAC 468-51-150.
Any person who has standing to challenge any of the following department actions may
request an adjudicative proceedings (an appeal to an Administrative Law Judge) within
thirty (30) days of the departments written decision:
Denial of an access connection permit application pursuant to WAC 468-51-080
Permit modifications pursuant to WAC 468-51-120
Permit revocation pursuant to WAC 468-51-120
Closure of permitted access connection pursuant to WAC 468-51-120
Closure of grand-fathered access connection pursuant to WAC 468-51-130
Permit conditions pursuant to WAC 468-51-150
In such cases, a letter must be sent to the applicant informing them of the decision.
Per the WAC, the letter must include the following information: the specific reasons for
denying the access, the process for submitting an amended application, and informing the
applicant they have 30 days to request an adjudicative proceeding if they disagree with
the decision to deny the access connection. See Appendix 2 for an example of a denial
letter for Managed Aceess.

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NOTE: Contact the Headquarters Access and Hearings Unit for assistance; do NOT
contact the Attorney Generals office directly as it may legally compromise their ability
to assist you.

6.1.05 Highways Crossing Indian Lands

When determining whether WSDOT has authority to regulate access onto state highways
that cross Indian Lands, it should first determined whether there are any restrictions on
state action that are provided for in the Real Estate Services documents that provide
for the state highways location over the Indian Land. This is the same process used to
review underlying deeds for property owners who may have a reserved access property
right (e.g.. Type B, farm approach). Researching highway grants may be quite difficult
since they could be by letter, Bureau of Indian Affairs (BIA) agreement, permit, in
addition to more formal documentation, such as easements and quit claim deeds. If there
are no restrictions found while researching the underlying documents in Real Estate
Services, then the WSDOT would apply the Managed Access and Limited access statutes
and rules in the same manner as it does for non-Indian Land.
If a right of access has been reserved or if grants, deeds, easements or other forms of
conveyance cannot be established, lands belonging to federally registered Indian Tribes,
which presumes to include the highway, are acknowledged to have sovereign immunity.
Sovereign immunity is immunity from lawsuits generated in judicial systems that have no
jurisdiction over tribes because of their sovereign right to govern themselves.
Access Management statutes from state highways to tribal land would not have any legal
significance unless the Tribe gives the state its consent to be sued. The Tribe would have
to agree to waive its sovereign immunity from suit for the limited purpose of permitting
WSDOT to enforce the terms of the access connection permit. A legally enforceable
permit can be accomplished by including an exhibit or special provision within the access
permit providing this waiver of immunity. The following is an example special provision
that may be used:
Consent to be Sued
The (Registered Tribe Name) agrees to waive its sovereign immunity from suit for the
limited purpose of permitting the Washington State Department of Transportation to
enforce the terms of this access connection permit, including all conditions. This limited
waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit
of any other person or entity, and the Tribe does not waive its immunity with respect to
any action brought by, or on behalf of, any other entity or person. Jurisdiction over any
dispute involving this access permit shall be in the state courts and state administrative
forums of the State of Washington.
It is unlikely that a Tribe would give up any rights without seeking mutual benefit or
compensation. Therefore, the use of such a waiver is limited and discretionary.
When encountering any gray areas involving Managed Access Highways crossing
Indian Lands, consult with HQ Real Estate Services Office, or if deemed necessary by
RES, the Attorney Generals Office early in the process.

6.1.06 Tracking System

Road Access Management Permit System, or RAMPS, was implemented in 2000 to be
used as a statewide database to track and assign access connection permits for Access
Managed highways. RAMPS provides a uniform numbering system statewide. This
database is often used to complement other tracking systems used by each region. Please
contact your Regional Information Technology center to have RAMPS installed.

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The RAMPS system is owned by the Headquarters Access and Hearings Unit. All
inquiries regarding the database use and operation should be directed to this office.
Training classes may also be available through this office.

6.1.07 Coordinating Local Development Approval with State Access Approval

While WSDOT desires to have the access and development approval processes be
coordinated, there may be times when they do not occur at the same time. This section
explains the differences between the local land use/development review process and the
state Access Connection Permit process. While there may be differences in the timing of
the processes, it is still understood that both WSDOT and the local government are aware
of the proposed development and request for state highway access.
Both local and state approvals are required to develop a parcel of land with proposed
access to a state highway. The state approval is in the form of a WSDOT state highway
Access Connection Permit regulated by RCW 47.50 (Appendix 12) and WAC 468.51
(Appendix 13) and WAC 468.52 (Appendix 14) and administered through WSDOT for
managed access highways. The local approval is the land development review process.
The questions and answers below help explain how the two processes provide flexibility
in the sequence of gaining approval.
1. Can the local land use approval be obtained prior to state highway access
approval?
Yes on managed access highways, however the applicant runs the risk of having the
state deny the access, requiring the applicant to either revise the site plan through
the local review process or appealing the states decision to deny the approach road.
Flexibility is set forth in WAC 468-51-050.
2. Is the applicant required to obtain state approval prior to the local land-use
approval?
No. Depending upon what the local land-use authority allows, a property owner
may apply for an Access Connection Permit before, after or during the local land-
use review process. The applicants should decide for themselves the best course
of action. In cases where a local land-use action is pending, a property owner may
apply for an Access Connection Permit. WSDOT may then give conceptual approval
per WAC 468-51-050 or a letter of intent per WAC 468-51-030 if the local agency
agrees with the proposed access. See Appendix 2 for an example of a Conceptual
Approval letter. It should be noted that the conceptual approval would be based
upon the original site plan, which must mirror the site plan that follows a land use
decision. In such cases, the state and local governments must coordinate their reviews
and have assurances that the same set of site plans are being approved.
3. Does WSDOT recommend applicants obtain state access approval prior to local
approval?
Obtaining conceptual approval for access from the state highway, prior to the local
approval for the land use development is encouraged. WSDOT staff can help identify
access locations and types that can be supported to aid in development site layout.
This helps the applicant understand the state rules pertaining to access prior to
submitting either the state or local application.

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4. What happens if the state approves an access location and the local government
objects?
The applicant must take steps to address the local governments issues. WSDOT
will only allow an access when the provisions of Access Management and/or limited
access laws are satisfied.
5. What happens if more time is needed to work through the local or state issues?
If more time is needed to work through issues, a request to place the state application
on hold may be requested. The developer may also choose to extend the statutory
review deadlines on their land use application until the access issue is resolved.

6.1.08 WSDOT Construction Projects

During construction of WSDOT projects, connections will be provided as
replacements for existing approved permitted connections that are consistent with
all current WSDOT spacing, location, and design standards pursuant to WAC 468-51.
Un-permitted connections not considered as Grandfathered require a new access
permit. All other access procedures and considerations for WSDOT projects are
outlined in WAC 468-51-140.

PART 2: Limited Access Highways

6.2.01 General
Limited Access is established to preserve the safety and efficiency of specific state
highways and to preserve the public investment. Control is affected by purchasing the
right of access from abutting property owners, and by selectively limiting approaches to
the highway.
A good understanding of what limited access is and how it applies to Development
Services is essential. Development proposals on occasion will request access onto state
limited access right of way. This section summarizes general information needed to
process these requests from a developer or property owner.
WSDOT Design Manual Chapter 1430 explains in detail what limited access is, why
we need it and how it is established. RCW 47.52 and WAC 468-58 (see Appendix 17)
govern limited access control on state highways. It is highly recommended that anyone
working with limited access issues read and understand both the laws that govern limited
access and the processes outlined in the Design Manual. Contact the Headquarters Access
and Hearing Unit for assistance.
Highways regulated by limited access are termed limited access highways, and are further
distinguished as having full, partial or modified access control.
These three types of access control are established under the authority of the State
Transportation Commission through State Design Engineer in Headquarters and the State
Access and Hearings Manager. Many factors are considered in the establishment of a
limited access highway, such as type of access control, number of existing access points,
type of property use, intersection spacing, functional classification, future and present
land use, character of traffic, frontage road locations and more.
The access criteria for limited access highways (as described in WAC 468-58-040) are as
follows:

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FULL CONTROL LIMITED ACCESS HIGHWAY

Access to interchanges at selected public roads, rest areas, viewpoints, or weigh
stations can be allowed at WSDOTs discretion. At-grade crossings are prohibited.
No private connections are allowed.
Limited Access control limits typically extend back on the crossroad a minimum
distance of 300 feet. See Design Manual, Chapter 1430.03(3).
Type F Permits for wireless communication sites are allowed (WAC 468-58-010)
PARTIAL CONTROL LIMITED ACCESS HIGHWAY
Public roads, some crossings, and some private approaches are allowed. The property
deeds have the conditions that specify the land use or number of users allowed to use
the approach.
Commercial approaches are not allowed within the limits of partial access control.
Limited Access control limits typically extend back on the public road a minimum
distance of 300 feet. See Design Manual Chapter 1430.04(3).
Type F Permits for wireless communication sites are allowed (WAC 468-58-080)
MODIFIED CONTROL LIMITED ACCESS HIGHWAY
Public roads and some private residential approaches are allowed. Commercial
approaches that were existing and in use at the time of establishment of limited access
may be allowed. The property deeds have conditions that specify the land use or
number of users allowed to use private connections.
Any new commercial access must be from the local road network through public road
intersections.
Limited Access control limits typically extend back on the crossroad a minimum
distance of 130 feet. See Design Manual, Chapter 1430.05(3).

6.2.02 Modifications For Private Access Approaches

Examples of access modification to limited access facilities requested by development
include additional road approaches, changes in the permitted use, or number of users of
existing road approaches. See DM 1430.10(2).
Requirements
Plan revisions, which provide for additional access to individual ownerships after the
department has purchased the access rights are normally not considered. However, these
revisions may be considered if it can be established that:
The efficiency and safety of the highway will not be significantly affected,
There are no other reasonable alternatives,
The existing situation causes extreme hardship on the owner(s), and
The revision is consistent with the limited access standards for the class of highway
and level of existing or planned future limited access.
The applicant concurs with and pays value determination to the department.

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Procedures
A written request from the local agency for public access or the property owner for
private access is received. The request will include an item-by-item analysis of the
factors listed in DM 1430.10 (2b), along with:
Why? Provide the background & history for request.
What other alternatives have been looked at?
What type of impacts will the break create?
How to mitigate those impacts?
Once the written request has been received, Region initiates a preliminary engineering
review of the requested modification to for a break in limited access. The HQ Access
and Hearings Section will conduct this preliminary review to determine if conceptual
approval may be granted for the request. If conceptual approval cannot be granted, a
letter denying the request is sent to the proponent. See Appendix 2 for an example of
a denial letter for break in limited access. See Appendix 2 for an example of a Denial
letter for break in limited access. If conceptual approval can be granted then:
Region initiates an engineering review of the requested modification. If from a safety
and engineering stand point the break can be allowed, then:
Region Real Estate Services (RES) can produce an estimate of the fair market value if
the proponent wishes, but the actual value determination will only be finalized after the
approval of the break in access by the Environmental and Engineering Policy (E&EP)
Director or designee. If the proponent wishes to continue to pursue the break in access,
then:
Region prepares and submits to Headquarters Plans Branch a preliminary limited
access right of way plan revision together with a recommendation for approval by
the E&EP Director. If the access break involves an Interstates Highways, FHWA has
final approval authority.
Final Processing
If available, Region Real Estate Services (RES) informs the requestor of the estimated
fair market value for the access change or access break.
If requestor is still interested, region RES prepares a Surplus Disposal Package
for Region, Real Estate Services Headquarters and FHWA review; and State Design
Engineer approval. (Many offices in HQ and Region review the request)
At the same time, the preliminary limited access plan revision previously transmitted
is processed for State Design Engineer approval.
Region RES will conduct an appraisal of the access break, Headquarters RES will
review the appraisal and notify the requestor of the actual cost of the break in access.
After the department collects the payment from the requestor, the region issues a
permit for the construction, if required.
Headquarters Real Estate Services Office prepares and records a deed granting the
change to the access rights.

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6.2.03 Modifications for Public At-Grade Intersections

Requirements
Public at-grade intersections on partial control limited access highways serve local
arterials that form part of the local transportation network.
Requests for new intersections on limited access highways must be made by or
through the local governmental agency to WSDOT. The region will forward this
request, including the data referenced in Design Manual, Chapter 1430.11(1) and
(2)(a).
New intersections require full application of current limited access acquisition
and conveyance to the WSDOT. The access acquisition and conveyance must
be completed prior to beginning construction of the new intersection. The new
intersection will meet WSDOT design and spacing criteria.
Procedures
Region evaluates the request and contacts the HQ Access and Hearings Unit for
conceptual approval.
Region submits an intersection plan for approval (Chapter 910) and a right of way and
limited access plan revision request (Plans Preparation Manual). This plan revision
request includes the limited access design criteria applicable to the proposed public
at-grade intersection.
State Design Engineer approves the intersection plan.
E&EP Director approves the access revision.
Region submits the construction agreement to the State Design Engineer. (See the
Agreements Manual.)
E&EP Director approves construction agreement.
Valuation Determination
When a requested public at-grade intersection will serve a local arterial that
immediately connects to the local transportation network, compensation will
not be required.
When a requested public at-grade intersection will serve only a limited
area, does not immediately connect to the local transportation network, or
is primarily for the benefit of a limited number of developers, compensation
for the access change will be addressed in the plan revision request. In
these situations, compensation is appropriate and a fair market value will be
determined as outlined in Design Manual, Chapter 1430.11(2)(c) above.

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Chapter 7 Land Use Appeals

NOTE: The Office of the Attorney General must be consulted before finalizing a decision to
appeal a land-use determination by a local agency.1 There are short timelines in which
to file appeals; so, the AGO must be contacted as soon as an appeal is considered. A time
delay could prejudice WSDOTS right to appeal.

7.1.01 Purpose Of SEPA Appeals Chapter

Occasionally the land use proposal proponent will appeal a WSDOT requested SEPA
mitigation. On a few other occasions the WSDOT has appealed a lead agencys SEPA
decision. This chapter was prepared to assist the Region and their Development Services
staff to better understand the SEPA appeal process of local land use decisions.
This chapter includes steps on how to work with local governments to resolve issues
short of an appeal. It also covers how to prepare for an appeal to ensure the WSDOT
has a good chance of a successful outcome.

7.1.02 Reaching A Successful Decision

There is often a built-in conflict between what the local government or developer wants
for its community and what WSDOT needs for the state highway system. Balancing the
needs of the state highway system with the local land use regulatory framework calls for
working closely with local governments and developers.
All parties need to openly discuss their positions, paying particular attention to the
distinction between what is required versus what is desired. Often, a middle ground can
be reached that satisfies all. From the WSDOT perspective, coordination entails working
with and educating the local agency personnel and developers on the legal and policy
framework within which WSDOT works. In fact, in most cases a successful compromise
that satisfies all parties needs can be reached prior to an appeal.
It is a delicate matter to look at each case individually and still provide an overall
consistent message from one land use application to another. In some situations it will
not be possible to reach a mutually successful conclusion. For example, a developer may
not be willing to mitigate for the traffic increase it will generate. On other occasions,
though less frequent, the lead SEPA agency may not be willing to support the WSDOT
requested SEPA mitigation. For those instances where a SEPA land use appeal is
inevitable, this chapter provides the tools to ensure a successful appeal.
See Appendix 3 for Significant Court Case Decisions Affecting the Development and
Access Control.

7.1.03 Why Appeal?

The WSDOT, as a state agency that may be directly impacted by a local governmental
land use action decision, has an obligation to appeal that local governmental land use
decision if it will adversely affect the state transportation system. An appeal is first
brought at the local level or administrative level, and if unsuccessful, further action may
be taken in the court system.

1 Contact Elizabeth Lagerberg, AAG for Development Services.

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A consistent approach to land use appeals is important. This chapter provides the major
factors used to make the decision whether to appeal in a specific instance. It also outlines
the basic internal coordination process to verify the appropriateness of an appeal.
While an appeal is an option that the WSDOT may eventually choose, the WSDOTs
intent is to avoid or minimize appeals of local land use decisions and strive to solve these
issues within the local land use process, short of an appeal. The combination of working
with all interested parties and the states ability to appeal when WSDOT issues are not
adequately considered has kept appeals to a minimum. WSDOTs option to appeal has
resulted in many productive discussions that have led to agreements and solutions. The
judicious use of appeals is a very important tool for WSDOT in protecting transportation
interests and investments throughout the state.

7.1.04 Underlying Governmental ActionWhat Is It?

The underlying governmental action is the action that must be taken by an agency to
authorize a proposal. Actions include the issuing of a permit or license, the approval of
funding, the adoption of a plan, ordinance, or rule, or other actions defined in the SEPA
Rules.

7.1.05 Appeal Requirements For Counties And Cities

Under the Local Project Review Chapter (Chapter 36.70B RCW), each county and city is
allowed to have no more than one open record hearing and one closed record appeal
on the underlying governmental action (e.g. permit decisions).
An open record hearing is a hearing, conducted by a single hearing body or officer
authorized by the local government to conduct such hearings, that creates the local
governments record through testimony and submissions of evidence and information,
under procedures prescribed by the local government by ordinance or resolution. An
open record hearing may be held prior to a local governments decision on a project
permit to be known as an open record predecision hearing. An open record hearing
may be held on an appeal, to be known as an open record appeal hearing if no open
record pre-decision hearing has been held on the project permit.
A closed record hearing is an administrative appeal on the record to a local government
body or officer, including the legislative body, following an open record hearing on
a project permit application when the appeal is on the record with no or limited new
evidence or information allowed to be submitted and only appeal argument allowed.
In summary, an open record hearing is one at which testimony is received and a record is
created. A closed record appeal is based on the record created at the open hearing with no
or limited new evidence or information.
An open record hearing can be either:
A pre-decision hearing (held prior to county/citys decision to approve or deny a project),
or An appeal hearing (held after the decision).
If the county or city allows a SEPA administrative appeal, the appeal must be heard at the
open record hearing. Any SEPA appeal (procedural or substantive) that is not heard at the
open record hearing of the underlying governmental action may not be later considered in
a subsequent local hearing.

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Agencies should be particularly aware of the consolidation requirements if they

have chosen to hold open record pre-decisional hearings. The SEPA substantive
determinations (project denials or attachment of mitigating conditions) are not made
until the agency makes its decision on the underlying governmental action (e.g. permit
approval). Since an agency cannot hold a second open record hearing on the SEPA
substantive determinations (if an agency allows for substantive SEPA appeals), it is
essential that testimony on substantive SEPA issues be allowed at any pre-decision
hearing. This hearing is the only time for an administrative appeal of substantive issues
and creates the record for any subsequent closed record to a local legislative body.
Administrative appeals offered by counties or cities must also comply with the time limits
set in RCW 36.70B.110.
The limitation on appeals restricts the practice of filing one appeal after another to delay a
proposal.

7.1.06 Procedural Appeals and Substantive Appeals

SEPA provides a process for citizens and others, including the WSDOT, to challenge both
procedural and substantive decisions made under SEPA.
Procedural appeals include the appeal of a threshold determination both determinations
of significance (DS) and nonsignificance (DNS) and of the adequacy of a final
environmental impact Statement (EIS).
Substantive appeals are challenges of an agencys use, or failure to use, SEPA substantive
authority to condition or deny a proposal. SEPA substantive authority is the regulatory
authority granted to all state and local agencies under SEPA to condition or deny a
proposal to mitigate environmental impacts identified in a SEPA document.

7.1.07 Level of Appeals

Appeals may also be heard at two levels:
Administrative appeals, heard by agencies; and
Judicial appeals, which are heard by courts when the administrative appeal process is
either not available or has been exhausted.
Administrative appeals, when offered, provide the first opportunity to appeal a SEPA
decision and are normally used before the judicial appeal process. However, not all
agencies provide an administrative appeal process, or they may provide for a substantive
appeal or a procedural appeal but not both. In this case, the first appeal may be a judicial
appeal.
Anyone interested in appealing a SEPA procedural issue should contact the lead agency
to determine what administrative appeal, if any, will be allowed. Questions on the
availability of administrative appeals for substantive decisions should be directed to the
agency that made the decision (i.e. to deny, condition, or not to condition a permit or
other approval).
Appeals will almost always require a fee. The appeal fee will usually range from about
$100 to over $1000 depending on the jurisdiction involved.

7.1.08 Administrative Appeals

Each SEPA agency must decide whether or not to offer administrative appeals.
If an agency offers an administrative appeal, the agency must specify its appeal
procedure by ordinance, resolution, or rule.

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An agency may provide appeals of some but not all reviewable SEPA decisions. The only
decisions that may be appealed at the agency level are a final threshold determination
or EIS (including a final supplemental EIS), and SEPA substantive decisions. Other
decisions, for example the applicability of categorical exemptions, may only be appealed
to the courts.
A DS, DNS, or EIS are each subject to a single administrative appeal proceeding.
Successive reviews within the same agency are not allowed. For example, a Hearing
Examiners decision on the appeal of a DS cannot be further reviewed by the local
legislative body. Further consideration is limited to review by a court as part of a judicial
appeal.
Procedural and substantive SEPA appeals in most instances must be combined with a
hearing or appeal on the underlying governmental action (such as the approval or denial
of a permit). If a SEPA appeal is held prior to the agency making a decision on the
underlying action, it must be heard at a proceeding where the person(s) deciding the
appeal will also be considering what action to take on the underlying action.
SEPA appeals that do not have to be consolidated with a hearing or appeal on the
underlying action are related to:
A determination of significance (DS)
An agency proposal
A non-project action, or
The appeal of a substantive decision to local legislative bodies.
A local agency must also decide whether or not to allow an appeal of a non-elected
officials decision to use SEPA substantive authority to condition or deny a proposal. If
the local agency chooses not to allow an appeal to a local legislative body, the agency
must clearly state that decision in its procedures.
While an administrative appeal does not require the assistance of the Attorney Generals
Office (AGO), the legal advice and direction provided by the AGO may be very helpful if
an administrative appeal is pursued.

7.1.09 Judicial Appeals

Judicial appeals are those appeals heard in court. A judicial appeal in most instances
must be of the underlying governmental action (permit decision, adoption of a regulation,
etc.) and the SEPA document (DNS or a final EIS). If the agency allows a SEPA
administrative appeal, it must be used prior to initiating judicial review.
The time limit for filing a judicial appeal will depend on several factors:
Time limit on underlying governmental action (issuance of permit, adoption of a
plan, etc). If there is a time limit established by statute or ordinance for appealing
the underlying governmental action, then appeals raising SEPA issues must be filed
within that time frame.
Time limit with optional notice of action. If there is no time limit for appealing the
underlying governmental action, the notice of action in RCW 43.21C.080 may be
used to establish a 21-day appeal period.

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If there is no time limit for appealing the underlying governmental action and the notice
of action is not used, then the SEPA does not provide a time limit for judicial appeals.
However, the general statutes of limitation or the common law may still limit appeals.
The limitation on appeals restricts the practice of filing one appeal after another to delay a
proposal.
All judicial appeals involving the WSDOT are handled under the direction and guidance
of the Attorney Generals Office (AGO).

7.1.10 Participating in the Local Land Use Process Prior to an Appeal

Conveying WSDOTs position early in the SEPA review process gives the applicant and
interested parties time to work out solutions. As solutions are sought, the Development
Services staff member is responsible for leading the effort to establish the framework for
a successful appeal. Before an appeal is ever considered, it is the Development Services
staff who has established the relationships, built the record, established standing to appeal
by appearing before the local government either in person or in writing, and basically set
the stage for the final outcome of an appeal. Much of the work for a successful appeal
is completed before the appeal is even contemplated, which is why it is important to
establish a set of best practices, including developing and keeping a record, writing good
findings and keeping track of the various other permit issues that may be related to the
land use appeal.
There are several important aspects of keeping on top before an appeal occurs. They
are:
Recognizing when a land use decision is potentially contrary to WSDOTs interests.
Establishing standing in a land use case in order to preserve the right to appeal.
Knowing related procedures that could impact the outcome of a land use decision,
including access management issues.
Knowing the hearing date scheduled for the appeal.
Compiling complete and accurate data, maps, traffic impact studies, correspondence,
findings and other information for the local government record.
Having the right WSDOT staff up to speed and ready to testify at a hearing such
as the Region Traffic Engineer.
Knowing the local jurisdictions procedural requirements for appearing at hearings
and getting information into the local government record.
Recognizing a final decision.
Knowing when to contact your Attorney Generals Office (AGO) representative
to preserve WSDOTs right to appeal or to seek their assistance and guidance.
If the WSDOT is the party appealing, then the Attorneys Generals Office will prepare
the legal documents for the appeal, and assist in any mediation or negotiation processes.
However, it is still up to the Development Services staff to work closely with the AGO
on the preparation of the documentation needed for the WSDOT requested appeal.

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7.1.11 Questions To Ask To Determine If The WSDOT Should Appeal

Deciding if the WSDOT should appeal a SEPA land use decision is a very tough decision
to make. A lot of thought must go into the decision on whether to appeal or not. Appeals
can be very time consuming and expensive when you add up the time and resources
necessarily to properly prepare for and present at an appeal. If the WSDOT decides to
appeal, it is generally because the local SEPA lead agency has made a final decision that
is significantly contrary to WSDOTs interests.
Before deciding to appeal a local land use decision, region staff should go through a
series of questions. These questions relate to previous steps taken to resolve the conflict,
whether the land use decision is inconsistent with or violates existing plans, rules or
statutes, and the risk of precedence. Specific questions are as follows:
Are the proposed actions of the case inconsistent with SEPA, WSDOT policy,
Highway Access Management, adopted state transportation plans, or local
transportation and comprehensive plans?
Will a ruling in the case provide needed interpretation of ambiguous statute or rule?
Has staff worked diligently with property owners, developers and local governments
to reach acceptable solutions that minimize the conflicts with state transportation
plans and adopted standards?
Is there another way to resolve the conflict, such as dispute resolution or technical
assistance? Are the applicants willing to delay the land use decision?
Has the Attorney Generals Office (AGO) been contacted for legal advice and
direction?
Would the decision result in development that would negatively affect the safety
or operation of the state transportation system?
Does the decision to appeal have region management support?

7.1.12 Important Tips in Preparing for an Appeal

Managing the states transportation system is becoming more expensive and more
difficult to fund with continued growth and development pressures adding to a system
that, in many locations, is already beyond capacity. Add to this the recognition that the
legal and regulatory arena in which WSDOT operates is becoming increasingly complex.
This section outlines some of the lessons learned to prepare for and survive a legal
challenge.
1. Understand the action. Recognize that there may be separate ongoing issues, such
as a permit application and a zoning change application. Be able to separate these
distinct concurrent processes. For example, access management negotiations and
land use actions may be taking place at the same time, with the same people. The
hearing may only be about the land use actions, not the access management issues. It
is important to be able to separate the issues in order to know which information is
important to which issue. Make sure the information pertinent to the legal action is
made part of the record.
2. Know the timelines. Do not miss filing deadlines or other due dates. The lead SEPA
agency may have set specific dates for when information is required of the WSDOT.
Missing due dates may not only cause information to not be allowed to be submitted,
it can also delay or hurt the lead agencys preparation for a hearing.

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3. The record.
a. Know the contents of the record. It is important to know the entire contents
of the local government record, including maps, previous plan amendments,
local government decisions, WSDOT actions and any other relevant material.
Knowledge of the contents of the record is particularly important when an
opponent tries to enter information that is new or different from the record.
If WSDOT is unaware of the contents of the record, it is at a disadvantage
in keeping out incorrect, misleading or irrelevant information.
b. Build the record. Do not assume that the local government will build the record
for WSDOT. The local governments interest may not necessarily be the same as
WSDOTs. WSDOT staff should go to the city or county to review the record.
c. Make sure the TIA is in the record. Ask the consultant to provide two copies,
one for the office and one for the appeal record.
d. Get the entire record. In some instances, there may be several phases to an
application or legal issue. Be sure that the records and documentation from
the earlier phases are included in the record. These earlier phases may contain
records and information critical to the present issue.
4. Local Approval Criteria. Written or oral responses must include how the
development fails to meet the local approval criteria. WSDOT must specifically
identify the provisions where it believes that the proposal does not comply, explain
how the Department reached that conclusion, and may need to submit additional
technical data.
5. Develop a narrative or outline of WSDOTs interests. Take the time to establish,
in clear language, WSDOTs interests in the matter. Do not assume that the hearings
officer, judge, opposing parties or anyone else involved in the case understands
WSDOTs position. For example, if there is an ongoing access connection permit
issue and a land use issue, describe each, clarify which issue is before the tribunal,
describe the data or information pertinent to the hearing and, most important of all,
describe the results that WSDOT wants. Describe the states interests in mobility,
safety or whatever the issue may be. Do not describe the detail without explaining
where the detail fits into the overall picture.
6. Use good visual aids. Make sure to have good visual aids, including accurate maps,
as part of the record and for presentations to the hearings body.
7. Cite SEPA whenever a land use change significantly affects the state highway.
8. Become familiar with the local jurisdictions codes and ordinances. There may
be procedural or substantive requirements in the code that could harm WSDOTs
interests, or on the other hand, it could be that the local jurisdiction did not comply
with their own code provisions, which could be a benefit to WSDOT.
9. Coordinate internally throughout the process. Develop a method or process for
internal WSDOT coordination. For example, if right-of-way is also involved in an
aspect of the process, make sure that there is some form of frequent communication
so that you know when and if another WSDOT section is taking action that could
impact the outcome of the appeal. It is important to identify specific outcomes to
other branches.
10. Develop tools to protect WSDOTs interests during phased development. If
the action is to take place in phases, develop some way to enforce the limitations to
development of later phases until after the earlier phases have met the requirements.

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11. Balance WSDOT and developer expectations. Look at the big picture. For
example, do Developer Agreement highway improvements need to be completed
before the land use proposal should obtain their Certificate of Occupancy (CO) from
the local jurisdiction? Is there a way in which the developer can obtain the CO prior
to completion of the highway improvements? WSDOT needs to be flexible while
working with both the local jurisdiction and developers in completing the highway
improvements.
12. Document, document, document. Keep notes of conversations, meetings, decisions
and phone calls. Document everything you and everyone associated with the action
says. A note made today may save you a lot of time and headaches at a future date.
13. Continue to try to resolve the issue with the applicant. Learn, understand and
use all available means for alternative dispute resolution. Remember that resolving
a dispute short of judicial resolution does not mean, giving in on important issues.
WSDOT may have some room to maneuver or the developer may agree to modify the
site plan or land use.
14. Learn how to use citations. It is important to correctly cite various statutes, rules,
codes and other documentation. For example, SEPA, Highway Access Management,
WSDOT policy, zoning codes, etc.
15. Knowledge is power. Become familiar with and know the facts and history of the
action. Sometimes a case can turn on what one might perceive to be a tiny technical
detail. Being familiar with the case and the record will allow representatives for the
agency to know when the opposing partys argument is specious, or just incorrect.
If you know the details of the case, you will be able to keep the record straight with
more confidence and credibility.

7.1.13 The Petitioner, The Respondent, And The Court

There are always at least three parties involved in a land use appeal beyond the local
appeal process: the petitioner, the respondent and the court.
The petitioner is the complaining party who files the action with the court.
The respondent is the party being sued, who responds to the complaint.
The court is the forum where the arguments will be heard and a ruling will be made.
WSDOT is almost always the respondent in land use appeals, defending an action that
was requested by the WSDOT of the petitioner through the local lead SEPA agency
process. However, the WSDOT can also be the petitioner. WSDOT can also be involved
in legal action outside of the courts and those actions are handled differently. An example
would be a Highway Access Management Adjudicative Proceeding.

7.1.14 Standing To Appeal

To appeal a SEPA decision, WSDOT must establish standing to appeal the local
decision. WSDOT has standing to appeal a land use decision if it appeared before the
local government, special district or state agency orally or in writing. Standing to appeal
may be achieved either through oral testimony (speaking at the hearing it is not enough
to merely show up) or in written form, through a memorandum, letter, petition or other
document. The written document must be submitted to the local government during
the course of the proceedings before the record is closed. The record is typically closed
during the hearing before the hearings body deliberates on its decision.

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7.1.15 Exhaustion Of Administrative Remedies

Before a judicial appeal can be filed, the petitioner must exhaust all administrative
remedies. This means that WSDOT has followed all local government administrative
requirements and has appealed the decision to the highest decision-maker at the local
level. It is important to know the local governments decision-making structure and
follow it to the letter.

7.1.16 The RecordWhat Is The Record And Why Is It Important?

The record is the formal file made before the city, county, or state agency
whose decision is appealed. The record is the recorded oral testimony and written
documentation submitted to the decision-maker upon which an appeal decision will be
based. The responsibility for preparing the record is on the local government. However,
it is important for the Development Services staff member to see that the record contains
the correct information from WSDOTs perspective. The record should include all
written testimony and all exhibits, maps, documents or other written materials specifically
incorporated into the record or placed before, and not rejected by, the final decision
maker, during the course of the proceedings before the final decision maker. Keeping
good records and making sure those records (maps, letters, correspondence, comments,
traffic impact studies) get into the formal local government record should start at the
very beginning of a file. It is important to establish a set of best practices to obtain, retain
and transmit appropriate information to the local government so that if an appeal does
arise, WSDOT is prepared.

7.1.17 Building A Good Record

All correspondence, maps, traffic impact studies, meeting notes and records of
conversations are part of WSDOTs decision-making history. As such, this information
should be kept in some logical order so that it can later be made part of the formal local
government record.
Letters and documents for the record. WSDOT staff may submit written information
in the form of letters, memoranda, staff reports, recommendations and findings. Be
sure to include a request that the written information be made part of the record.
This written documentation must be submitted prior to the close of the record. The
submittals need to reference how the materials relate to the logical approval criteria
for the land use application at hand.
Public Hearing Testimony. WSDOT staff may also testify in person at hearings and
may bring and request to have entered into the record any written material. Again,
these must relate to the local approval criteria.
Record Keeping. WSDOT must keep records of agency correspondence, both
internal and external, notices from local jurisdictions, and the local staff reports,
findings and decisions. These are a valuable source of information when preparing an
appeal.
Keeping a Journal. Keeping a written record of conversations, internal
communications and meeting outcomes can be a valuable tool. The written record of
conversations does not have to be word for word, but should note important features
such as the subject matter, date and persons talked to. Care should always be taken to
keep any journals professional by nature, so that if the material is submitted as part of
the local government record, it will not contain entries embarrassing to the writer or
to WSDOT.

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7.1.18 Important Tips for Building a Record

The following is a list of tips for building a record.
Establish good record-keeping practices in all cases.
If the data or information is important to WSDOT, get it in the record. If it is not in
the record, it will not be used in the decision-making.
The local government is the keeper of the record. It is up to you to see that the
information gets placed into their record.
Placing information into the record means that you must formally request, either
orally at a hearing or as part of any written correspondence, that the information be
made part of the record. For example, if information is submitted to the planning
commission and then appealed to the city council, make sure that the planning
commission record, including your information, is placed before the city council.
Make sure that any Traffic Impact Analysis (TIA) and any updates are placed in
the record. It is often a good idea to request two copies in order to make sure one
is available for the record. All of this requires that the Development Services staff
member has detailed knowledge about each particular land use application, including
local government regulations and hearing dates.

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Appendix 1 WSDOT Development Services Staff

HEADQUARTERS PLANNING
310 Maple Park Ave SE, Olympia, WA 98504-7370
Name Area of Expertise Telephone E-mail
Alan Harger Development Services (360) 705-7593 hargera@wsdot.wa.gov

EASTERN REGION
2714 N. Mayfair, Spokane, WA 99207
Name Area of Expertise Telephone E-mail
Greg Figg Transportation Planner (509) 324-6199 figgg@wsdot.wa.gov

NORTH CENTRAL REGION

1551 North Wenatchee Avenue, Wenatchee, WA 98801
Name Area of Expertise Telephone E-mail
Bill Gould Assistant Planning Engineer (509) 667-2909 gouldw@wsdot.wa.gov

NORTHWEST REGION
15700 Dayton Avenue North, Seattle, Washington 98133-9710
Sno-King Area
Name Area of Expertise Telephone E-mail
King County Unit
Ramin Pazooki Local agency and Development (206) 440-4710 pazooki@wsdot.wa.gov
vacant Local Agency and Development (206) 440-4711
Felix Palisco Development/ (206) 440-4713 palisof@wsdot.wa.gov
Local Agency Engineer
John Sutherland Development/ (206) 440-4712 sutherj@wsdot.wa.gov
Local Agency Engineer
Edward Giraud Developer Construction (206) 440-4709 giraude@wsdot.wa.gov
Liaison Engineer

Snohomish County Unit

George Chambers Development/Local Agency (206) 440-4912 chambgw@wsdot.wa.gov
Engineer
Sandra Kortum Assistant Development/ (206) 440-4911 kortums@wsdot.wa.gov
Local Agency Engineer
Steve Benenati Assistant Development/ (206) 440-4915 benenas@wsdot.wa.gov
Local Agency Engineer
Mike Gallop Developer Construction (206) 440-4913 gallopm@wsdot.wa.gov
Liaison Engineer

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WSDOT Development Services Staff

Mount Baker Area 1043 Goldenrod Road, Suite 101, Burlington, Washington 98233-3415
Lee Conrad Area Operations Manager (360) 757-5960 conradl@wsdot.wa.gov
Roland Storme Development Services Engineer (360) 757-5961 stormer@wsdot.wa.gov
Rebecca Rosencrans Assistant Development (360) 757-5964 rosencb@wsdot.wa.gov
Services Engineer
Mike Gallop Developer Construction (360) 757-5967 gallopm@wsdot.wa.gov
Liaison Engineer

OLYMPIC REGION
P.O. Box 47440, Olympia, WA 98504-7440
Name Area of Expertise Telephone E-mail
Dale C. Severson, PE Development Services Engineer (360) 357-2736 seversd@wsdot.wa.gov
Trudy Johnson Development Services Technician (360) 357-2667 johnstr@wsdot.wa.gov
Dan Carruth Development Services (360) 357-2706 carrutd@wsdot.wa.gov
Senior Reviewer
Leroy Patterson Development Services (360) 357-2727 patterl@wsdot.wa.gov
Senior Reviewer
Alana Hess Development Services (360) 357-2725 Hessa@wsdot.wa.gov
Senior Reviewer

SOUTH CENTRAL REGION

2809 Rudkin Rd., Union Gap, WA 98903
Name Area of Expertise Telephone E-mail
Rick Holmstrom Development Services Engineer (509) 577-1633 holmstr@wsdot.wa.gov
John Gruber Transportation Planner (509) 577-1636 gruberj@wsdot.wa.gov

SOUTHWEST REGION
4200 Main St., Vancouver, WA 98663
Name Area of Expertise Telephone E-mail
Jeff Barsness Development Services Engineer (360) 905-2059 barsnej@wsdot.wa.gov
George Humphrey Reimbursable Agreements, (360) 905-2296 humphrg@wsdot.wa.gov
Developer Agreements
Don Owings Technical Design Review and (360) 905-2093 owingsd@wsdot.wa.gov
Donation Process
Rick Henderson Access Connection (360) 905-2299 henderr@wsdot.wa.gov
Permits, Utilities

Appendix 1 Development Services Manual M 3007.00

Page 2 September 2005
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Sample Response Letters

Showing How Different Type of
Appendix 2 Recommendations Can Be Conveyed

Northwest Region
15700 Dayton Avenue North
Douglas B. MacDonald P.O. Box 330310
Secretary of Transportation Seattle, WA 98133-9710
(206) 440-4000
TTY: 1-800 833-6388
Example Letter 1: Response to Development Under SEPA

April 1, 2004

Ms. Jennifer Watson

Whatcom County
Planning & Development Services
5280 Northwest Drive, Suite B
Bellingham, Washington 98226

SUBJECT: SR-542 MP 2.73 CS 3705

Proposed Mixed Use Development
County SEPA No. SEP00-08952
Proponent: North Valley Developments
SEPA Checklist/ MDNS Review Comments

Dear Ms. Watson:

Thank you for giving us the opportunity to review the SEPA Checklist and the Mitigated
Determination of Non-Significance (MDNS) documents for the proposed mixed used
development including commercial facilities and multi and single family dwellings. The
subject 17-acre property is located along north side of SR-542 (Sunset Drive/ Mount Baker
Highway) at Milepost 2.73 in unincorporated Whatcom County.

Based on our review of the SEPA Checklist and MDNS documents we would like provide
you with the following comments:

1. Traffic Study: The proposed development will generate more than 25 Peak
Hour Trips affecting the above SR-542 intersection and the state highway
system. A Traffic Impact Study will need to be prepared for this project
to discuss potential impacts of the proposed development on SR-542 and
determine if and what mitigation measures will be necessary. A Traffic
Impact Study Checklist is attached to this letter for preparation of the traffic
study. The traffic study will also need to discuss and calculate

Development Services Manual M 3007.00 Appendix 2

September 2005 Page 1
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Ms. Jennifer Watson

Page 2
June 18, 2003

the pro-rata share for our proposed widening of SR-542. Presently, we

have a programmed capacity improvement project titled SR-542, Orleans
Street to Britton Road Widening between approximate Mileposts 0.32
and 2.96, PIN # 154201A. It is estimated that this project will cost about
$2,761,000.00 and has a proposed ad/ shelf date of March 11, 2002.

2. Access Connection Permit: If the proponent still wishes to gain access

for the proposed development from SR-542, then they will need to apply
for a Category II Access Connection Permit from SR-542 in order to have
access from this highway. The completed application along with the
appropriate fee and the Traffic Impact Study will need to be submitted to
WSDOT for review and approval. Access Connection Permit Application
is also attached to this letter. Again, it should be noted that a Traffic Study
is required for all Categories II and III Access Connection Permits.

3. Stormwater and Drainage Plans: We would also like to review

the stormwater & drainage plans and any other hydraulics data and
calculations for the subject proposal, to determine the potential impacts
and additional runoff to WSDOTs right-of-way and drainage facilities in
the area and to assure that the drainage impacts are adequately mitigated.

4. Right of Way Donation: It should also be noted that if additional right-

of-way were needed for our widening project, we would also require
right-of-way donation.

If you have any further questions or if the proponent needs additional information for
submittal of the required traffic impact study, drainage report and plans and the access
connection application, please contact Reno Calhoun of our Developer Services section
at (206) 345-6789.

Sincerely,

JOHN A. SMITH, P.E.

Area Administrator

Attach.
PS/ps

Whatcom00\corresp\WH542273.doc

Appendix 2 Development Services Manual M 3007.00

Page 2 September 2005
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Northwest Region
15700 Dayton Avenue North
Douglas B. MacDonald
P.O. Box 330310
Secretary of Transportation
Seattle, WA 98133-9710
(206) 440-4000
TTY: 1-800 833-6388
Example Letter 2: Conceptual Approval Of Access (Use Only If Requested By
The Applicant)

April 1, 2004

Planners Name and Title

Jurisdiction
Address

RE: (Development Name, SR, MP, CS, Charge No.) _

Dear :

(Describe proposed action) The proposed two-lot short plat is adjacent to SR169 (Maple
Valley Highway). (Describe WSDOT interest) Maple Valley Highway is a WSDOT
facility and according to 47.50 RCW, vehicular access and connections to or from the
state highway system shall be regulated by the permitting authority. The permitting
authority means WSDOT for connections in unincorporated areas or a city or town within
incorporated areas, which are authorized to regulate access to state highways pursuant
to chapter 47.24 RCW. As such, WSDOT has Access Connection Permit authority
to regulate access connections for this section of the state highway system. (Provide
WSDOTs objective) In order to meet the applicable standards, this short plat needs
to be served by one access to avoid numerous turning conflict points and a substandard
approach. (Summarize WSDOT recommendation) Based on the applicable standards, we
recommend the following condition(s) be imposed:

(Findings) Findings

(Provide WSDOT and/or local standards) This segment of SR 167 is two-lane,

Class 2 highway and therefore the minimum spacing allowed between driveways is
660 feet1. Based on the speed limit of 40 mph, the minimum sight distance is 560 feet2.
(Explain in lay Planners Name and Titleterms as necessary) This is the minimum
allowed distance between driveways. (Identify possible remedies) It appears there
is no alternative access to the site (as currently configured) and that the proposed

1 WAC 468-52-040(2)(b)(ii)(B).
2 WSDOT Design Manual Figure 910-18a.

Development Services Manual M 3007.00 Appendix 2

September 2005 Page 3
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Planner's Name and Title

Page 2
June 25, 2003

access location does not meet the above noted spacing requirements. Under current
access management law, the existing parcel configuration would be limited to one access or
no access if alternative access exists. Therefore, provisions for joint access to the proposed
two-lot short plat needs to be a condition of the access connection permit. The proposed
access, if approved, could remain at the location shown on your plan until such time that
other reasonable access to a highway with less restrictive access control classification or
acceptable access to the general street system becomes available and is permitted. Based on
SRView, WSDOTs Highway System Videolog, the proposed driveway appears to meet the
minimum sight distance requirements.

Presumably, only one access will be allowed however, it will be necessary for the applicant
to go through the permit process. It is my understanding that the minimum joint access
width should be a minimum of 20 feet wide based on Figure 920-4 of the WSDOT Design
Manual.

(Provide A Conclusion) Conclusion

WSDOT has permit authority to regulate access to this section of the state highway. The
current site would be allowed only one access. Provisions for joint access should be a
condition of the access connection permit while both parcels are owned and controlled by
the applicant.
1. (Clearly state expectation and when condition is to be performed) A
joint-access easement shall be prepared and recorded to serve and benefit
both properties as a part of the final plat. WSDOT must receive a copy of the
recorded easement prior approval of the access connection permit.
2. (Request access connection permit application) The property owner shall
submit a WSDOT Access Connection Permit application package which
should include required fees and supplemental information i.e. site plans,
assessors maps, traffic study, etc .

If you choose to proceed with this permit process, please provide me with an access
connection permit application package. If you have any questions regarding the above
comments, I can be reached at (phone number and e-mail address).

Sincerely,

(Name and Title)

cc: (Region staff and applicants representative)

Appendix 2 Development Services Manual M 3007.00

Page 4 September 2005
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Northwest Region
15700 Dayton Avenue North
Douglas B. MacDonald
P.O. Box 330310
Secretary of Transportation
Seattle, WA 98133-9710
(206) 440-4000
TTY: 1-800 833-6388
Example Letter 2a: Conceptual Approval Of Access (Use Only If Requested By The
Applicant)
August 7, 2000

Mr. Jon Sutter

Anderson, Sutter & Kelly P.S.
500 Railview Ave.
Metrotown, WA 98694
Fax: (239) 671-3893

Subject: SR-999 MP 484.30 CS 6432 Access Permit No. 270B

Dear Mr. Sutter:

This letter is written to confirm the Washington State Department of Transportation

(WSDOT)s position, our understanding relative to the above referenced permit, and your
clients (Orion County Fire District No. 1, hereinafter referred to as District) acquisition
of a three-acre parcel that is to be served by the access relocated under the above referenced
permit.

It is our understanding that the District will be acquiring a three-acre portion of the existing
eight-acre parcel contemporaneous with the relocation of the existing agricultural access
allowed by the above permit. Following the Districts acquisition of the subject property, it
is our understanding that the District will apply for a permit to upgrade the relocated non-
conforming access to a commercial access to solely serve this use, a fire station.

We also understand that your client requires confirmation by the WSDOT that the WSDOT
is prepared to process and approve, subject to design and similar engineering requirements,
the upgrade of the relocated access to a commercial access to serve the Districts fire
station at this site. By this letter, the WSDOT would confirm that it is prepared to process
and issue a permit for the upgrade of the relocated access, subject to the submittal of an
acceptable design and satisfaction of engineering and similar requirements.

Development Services Manual M 3007.00 Appendix 2

September 2005 Page 5
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Mr. Jon Sutter

Page 2
August 7, 2000

If you are in need of any further information or confirmation, please contact Marshall King
of our Developers Services section at 398-393-2323. Otherwise, we await the submission
of the permit application for the upgrade of the access.

Sincerely,

R. ALAN ROBERTSON, P.E.,

Regional Administrator

JS:ps
cc: file 00060037
whatcom00\access\00060037memo.doc

Appendix 2 Development Services Manual M 3007.00

Page 6 September 2005
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Northwest Region
15700 Dayton Avenue North
Douglas B. MacDonald
P.O. Box 330310
Secretary of Transportation
Seattle, WA 98133-9710
(206) 440-4000
TTY: 1-800 833-6388
Example Letter 3: Denial Letter For Break In Limited Access

September 14, 2001

Mr. Richard A. Davis

7338 Highway 3 SW
Port Orchard, WA 98367

Re: Application for Access Connection

SR 3, Mile Post 29.24

Dear Mr. Davis:

The Department has reviewed your Application for an Access Connection Permit for your
property. It has been determined that the Department must deny your request for the access
permit.

With State laws; Revised Code of Washington (RCW) 47.50 and Washington
Administrative Code (WAC) 468-51 and 468-52, the Department established an Access
Control Classification System to the State Highways. As a part of the RCW, WAC and
Access Control Classification System process the State purchased existing and future access
rights to all parcels abutting state highway.

According to the Departments right of way records, when the State purchased the access
rights to this section of land along SR 3, this property was granted the right to one,
single Type B, on and off approach, for the normal operation of a farm, but that it shall
not include any roadside marketing or operation use. A farm approach is restricted to
farming usage only, but may include a single family residence. Additionally, this Type
B approach is restricted to a maximum width of 20 feet and must be located between
specifically recorded highway stationings 288+00 to 300+00.

The operation of a home based small construction company is not consistent with the
specific limited rights of ingress and egress documented for this property. The existing
approach is not only in violation of the allowable type of usage, but it is also much larger
than the approved approach width.

Development Services Manual M 3007.00 Appendix 2

September 2005 Page 7
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Mr. Richard A. Davis

Page 2
September 4, 2001

To attempt a change in use of this access would require that you do the following:

1. Request in writing a break in the limited access for the proposed change in
use. For this break in access to be even considered for approval there must
be justification that demonstrates a benefit to the general traveling public.
2. Purchase and/or reimburse the Department of Transportation for the access
rights.
3. Mitigate traffic impacts caused by the proposed change in use. Mitigation
could include, but not be limited to acceleration lanes, deceleration lanes,
channelization, etc.

Please note that negotiations regarding access control are also very time consuming and that
most requests for a break in limited access tend to be denied because it is difficult to justify
that the general traveling public benefits by a break in access.

If you have any further questions, or if you decide you wish to pursue any of the above
options, please contact me at (360) 357-2667.

Sincerely,

DALE C. SEVERSON, PE
Development Services Engineer
WSDOT, Olympic Region

DCS
TAJ

cc:

Appendix 2 Development Services Manual M 3007.00

Page 8 September 2005
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Northwest Region
Douglas B. MacDonald 15700 Dayton Avenue North
Secretary of Transportation P.O. Box 330310
Seattle, WA 98133-9710
(206) 440-4000
TTY: 1-800 833-6388
Example Letter 3a: Denial Letter For Managed Access

April 5, 2005

Naeem Iqbal
P. O. Box 822
Lynnwood, WA 98046
Subject: SR 9 MP + 1.96 & 1.98 Vic. CS 3132
Land Use Change and Access to SR 9
County File No.: 03-105213

Dear Mr. Iqbal:

This letter is to discuss the access connections to 20607 SR 9 SE. When you purchased this
property prior to 1992, it was a single-family residence with two driveways; you are now
operating a nursery and landscaping business. You have requested an access permit for both
the existing access connections (driveways) located at MP 1.96 and MP 1.98 on SR 9.

We reviewed the proposal and made the decision to deny the permit for the south access at
MP 1.96. In compliance with WAC 468-51-150, we are providing you the specific reasons
for denying your connection application, the process for submitting an amended application
and informing you of your right to appeal the denial of access.

Reasons for denying your south access:

Per WAC 468-50-030 As a access Class 3 highway No more than one access shall be
provided to an individual parcel or to contiguous parcels under the same ownership
In the last 3 years, there were 10 accidents in the subject vicinity from MP 1.86 to 2.08.
Both access connections are located within the 2004 High Accident Corridor (HAC),
SR 9 from MP 1.50-MP 7.49-- SR 524 to north of SR 96.

Process for submitting an amended application:

You may submit a revised application that responds to the department comments
and concerns for the denial within 30 calendar days.
Submitting a revised permit is not a prerequisite for requesting an adjudicative proceeding.

Development Services Manual M 3007.00 Appendix 2

September 2005 Page 9
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

You have the right to appeal WSDOTs denial of your south access:
You may apply in writing for an adjudicative proceeding within thirty days of the date
the initial determination of the department is sent by certified mail.
If you fail to apply for an adjudicative proceeding within 30 days, the departments initial
determination is adopted as its final determination.
Failure to attend or otherwise participate in an adjudicative proceeding may result
in a finding of default.

Should you have any questions, please contact Mr. George Chambers (206) 440-4912 or
Ms. Sandra Kortum (206) 440-4911 of my Developer Services section.

Sincerely,

Ramin Pazooki
Local Agency and Development Services Manager

Appendix 2 Development Services Manual M 3007.00

Page 10 September 2005
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Northwest Region
15700 Dayton Avenue North
Douglas B. MacDonald
P.O. Box 330310
Secretary of Transportation
Seattle, WA 98133-9710
(206) 440-4000
TTY: 1-800 833-6388
Example Letter 4: Finding Of No Significant Impact

April 1, 2004

(Planners Name) (Title)

King County Planning Department
100 Pine St., Room 200
Boomtown, WA 00000-0000

Dear (Planners Name):

Per the (local jurisdiction)countys request and public notice dated March 15, 2002, we
have reviewed the land-use proposal, File KNG-02-27, an application for a zone change
from Open Space Reserve to Single-Family Residential for 2.50-acre site. The subject
property is located on the west side of Miller Ann Road, approximately 1450 feet north of
108th Ave. SE (SR 515), a WSDOT facility. Based on our analysis, the proposal will have
no significant affect on 108th Ave. SE. WSDOT has no comments on this proposal.

If you have any questions regarding this matter, please contact (Name), WSDOT
Development Services Representative at (phone number) or me at (phone number).

Sincerely,

(WSDOT Planner, Title)

cc: (Applicants Representative)

(WSDOT Internal contacts)

Development Services Manual M 3007.00 Appendix 2

September 2005 Page 11
Sample Response Letter Showing How Different Type of Recommendation Can Be Conveyed

Appendix 2 Development Services Manual M 3007.00

Page 12 September 2005
 Significant Court Case Decisions Affecting Developments and Access Control

Significant Court Case Decisions Affecting

Appendix 3 Developments and Access Control

Compilation of Development Impact Cases

January 2003
(not all inclusive)

Note: In reviewing these case synopses, remember that WSDOT imposes Traffic Mitigation
Payments, Land Donations/Dedications, and Highway Improvement Exactions based
upon SEPA (RCW 43.21.C.060), not based upon RCW 82.02, and the following cases
mostly rely on RCW 82.02 et seq for their authority to charge impact fees. In addition,
these case holdings are good only as of January 2003, and the courts may review, change
or reverse decisions after this date, and there could be Legislative action, as well.
1. Must Have Nexus Between Exaction and Development Impact.
In Nollan, the California Coastal Commission required, as a condition of a permit
for a beach house, that the property owners provide an easement for beach travelers
to cross the lot from one public beach to another. The U.S. Supreme Court held that
the development condition (exacting the easement) violated the Takings Clause of the
U.S. Constitution because it did not further the legitimate state interest of protecting
the ocean view of passers by. There was no Nexus between the condition and the
problem that the government sought to solve. Nollan v. Cal. Coastal Commn, 483
U.S. 825 (1987).
2. Must Have Proportionality Between Exaction and Development Impact.
In Dolan, the City of Tigard, Oregon, conditioned approval of a store expansion on
dedication of land to provide a public greenway to combat flooding and to provide
a pedestrian and bicycle path. The U.S. Supreme Court did find the necessary Nexus
between the condition and the public problem, but it held that the government must
also show that the condition required is Roughly Proportional to the developments
impact on the problem that forms the governments legitimate interest. Dolan v. City
of Tigard, 512 U.S. 374 (1994).
3. Nexus and Proportionality are Required Whether the Exaction is Money or Land.
The City conditioned the development permit on the developer making half-street
improvements to a street adjoining the project; however, the City failed to show that
the condition was Proportional to the developments impact on the street. Thus, the
court invalidated the requirement. Benchmark v. Battle Ground, 103 Wn. App. 721
(2000).
4. Proportionality and Traffic Mitigation of Direct Impacts.
The City of Brier determined that its general street grid needed to be upgraded
because of the collective impact of new subdivisions. It proportionally assessed each
developer according to the number of lots in the project for a global street project.
However, it did not look at each projects direct impact to the street network. Castle
Homes appealed a $3,000/lot assessment. 75 % of the traffic from the development
would directly exit into Mountlake Terrace and at most 25% of the traffic would enter
Briers street system, with only 8 percent staying in Brier for more than two blocks.

Development Services Manual M 3007.00 Appendix 3

September 2005 Page 1
Significant Court Case Decisions Affecting Developments and Access Control

The court reversed the assessments and remanded the case to the City to recalculate
its assessments based upon the developments direct traffic impacts. Castle Homes v.
Brier, 76 Wn. App. 95 (1994).
5. Transportation Impact Fees (TIFs).
TIFs must be calculated when the development is to occur, meaning at the time of
the building permits and not at the time the development application is made. New
Castle Investments v. City of LaCenter, 98 Wn. App. 224, 237 (1999).
6. Cannot Collect Reimbursement Costs.
The court ordered the City to pay back to apartment building developer the
proportionate costs to construct sidewalks adjoining the development because the
improvements were constructed before the developer acquired the property and
were not installed with regard to the proposed development impacts. The City had
conditioned the building permit upon payment of the reimbursement costs which was
disallowed by the court. View Ridge Park v. Mountlake Terrace, 67 Wn. App. 588
(1992).
7. Payment In Lieu of Dedication.
The court upheld a voluntary payment in lieu of a dedication of land. View Ridge
Park v. Mountlake Terrace, 67 Wn. App. 588, 599 (1992).
8. Payment In Lieu of Dedication Must be Based on Land Value.
Bothell charged a subdivision $400/lot in lieu of a dedication of land for park
purposes (not an impact mitigation fee). The court found that if a fee were to
be imposed in lieu of a dedication of land, the only rational, nonarbitrary way of
determining the amount of the fee is to relate it to the value of the land which Bothell
could require the developer to dedicate. The burden is on the city to demonstrate that
the fee is related to the value of the land. Thus, Bothell was required to refund the
$400/lot fee. Vintage Constru. Co. v. Bothell, 83 Wn. App. 605 (1996), affirmed 135
Wn. 2d 835 (1998).
9. May Require Actual Construction In Lieu of Fees:
The court upheld the City of Laceys requirement that the developer actually
make the street improvements, rather than enter into a voluntary agreement for the
developer to pay impact fees. However, the economic value of the construction must
equate to the what fees would have been assessed. Southwick, Inc. v. Lacey, 58 Wn.
App. 886 (1990).
10. Substantial Evidence Standard.
The City required the developer to improve North Parkway, which borders the
development but does not provide direct access to the development. The state court
applied the United States Supreme Courts test that an exaction (whether money or
land) must be based upon (1) a nexus between the exaction and the development and
(2) the exaction must be roughly proportional to the impact. In addition, the court
required the City to produce substantial evidence to support its permit requirements.
However, the court found no substantial evidence to support the Citys position since
North Parkway did not meet the Citys road standards even before the development
was proposed and that the required expenditure for the street improvements was not
directly related to the traffic generated by the development. The Benchmark Land
Company v. City of Battle Ground, 146 Wn. 2d 685 (2002).

Appendix 3 Development Services Manual M 3007.00

Page 2 September 2005
 Significant Court Case Decisions Affecting Developments and Access Control

11. Cannot Charge Fees Outside Jurisdiction.

City did not have statutory authority to impose impact fees on projects outside of its
borders. In Nolte, Olympia and Thurston County adopted a comprehensive plan
that called for the City, not the County, to fund parks and roads in the unincorporated
Urban Growth Area (UGA). To cover the cost, the City was to collect impact
fees from new developments in the UGA, and the City passed an ordinance to
this effect. The court found that an impact fee can only be imposed as a condition
of development approval; necessarily then, an impact fee must be imposed by the
entity with authority to approve or disapprove a change in the use of land on which
the project will be built. In Nolte, it was the County that held the building permit
authority, not the City. Nolte v. City of Olympia, 96 Wn. App. 944 (1999).
12. Can Require Road Improvements Outside Jurisdiction (Qualified).
Developer submitted a plat to develop 144 multifamily units. The EIS projected
an additional 778 vehicle trips per weekday on adjacent roads, resulting in a 22%
increase in traffic on Golf Course Road and a 360% increase on Melody Lane. Port
Angeles conditioned approval of the plat, in part, on the developer (1) improving
Melody Lane to 28 feet with curb, gutter and sidewalk on the north side and storm
drainage (the applicability of this condition was subject to either the county roads
annexation by the City or Clallam County road improvement approval); and (2) pay
certain costs of the improvement of Golf Course Road, based upon the estimated
cost of the street project and the ADTs generated by the development; in addition,
each dwelling unit was assessed $416 (both monetary calculations and charges for
Golf Course Road were upheld by the court). Both plat conditions were upheld
by the court. The court found that since the City was required by RCW 58.17.110
(Boundaries & Plats) to consider adequate access to and within a proposed
subdivision. Therefore, the court held that the City was authorized to require the
improvement of Melody Lane outside its territorial jurisdiction if it conditioned
it upon the requirement that it be either annexed by the City or receive County
approval. [This case can be distinguished from the Nolte case, above, because Port
Angeles had the plat approval authority where in Nolte, Olympia did not. Miller v.
Port Angeles, 38 Wn. App. 904 (1984).
13. Fees Cannot be Imposed Without Statutory Authority.
Impact fees cannot be imposed without statutory authority. Nolte v. City of Olympia,
96 Wn. App. 944, 950 (1999), citing San Telmo Assocs. V. Seattle, 108 Wn. 2d 20, 23
(1987).
14. Fees May Only be Spent on Identified Improvements.
Bothell charged a flat $400/lot park fee. However, the court found that the City
had not complied with the provisions of RCW 82.02.020(1) [which does not apply
to WSDOT] that states that impact fees may only be expended to fund a capital
improvement agreed upon by the parties to mitigate the identified, direct impact.
Bothell had failed to (1) identify the direct impacts caused by the developments
on the City park system. It also failed to (2) consult with the developers prior to
spending the funds collected; (3) failed to spend the fees on capital improvements
designed to mitigate an identified, direct impact of the developments; and (4)
improperly spent some of the park fees collected on items other than on capital
improvements. Bothell was required to return $106,000 in fees plus pay prejudgment
interest at 12%. Henderson Homes v. Bothell, 124 Wn. 2d 240 (1994).

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September 2005 Page 3
Significant Court Case Decisions Affecting Developments and Access Control

15. Specific Agreement to Fund a Particular Improvement.

King Countys fee in lieu of land dedication was upheld by the court because the
County required the fees to be used within the developments park service area.
Although there was not a specific agreement between the developer and the County
as to what particular capital improvement would be made with the fees, the developer
was not precluded from recommending or seeking a particular improvement within
the park service area. Trimen Development v. King County, 124 Wn. 2d 261 (1994).
16. Voluntary Agreement.
Developer complained that he did not enter into a voluntary impact mitigation
agreement because the agreement was a condition of his plat approval. The court
disagreed. Under RCW 82.02.020, the word voluntary means that the developer
had a choice of either (1) paying for those reasonably necessary costs which are
directly attributable to the project or (2) losing preliminary plat approval. The court
noted that just because the developers choices may not be between perfect options
does not mean that the agreement was involuntary under the statute. The developer
could agree to the fees, get his plat approval, and afterwards contest the fee amounts
exacted. Cobb v. Snohomish County, 64 Wn. App. 451 (1991); Cobb v. Snohomish
County, 86 Wn. App. 223 (1997).
17. Level of Service (LOS) Exactions.
Snohomish County argued that a developer must pay its proportionate share of an
entire intersection improvement, although the project would directly impact only one
leg of the intersection of 234th St. SW and Highway 99 (LOS C/D). The court found
that the project contributed some traffic to LOS C traffic lanes, but none whatsoever
to the LOS D traffic lanes. Since by County ordinance and its Highway Capacity
Manuals definitions, relating to traffic design, flow and operation did not require
improvements to be made to LOS C traffic lanes, the developer owed zero dollars
in mitigation. Cobb v. Snohomish County, 64 Wn. App. 451 (1991).
18. Late Comer Fees.
RCW 35.72 et seq., allows a City or County (not WSDOT) to assess latecomer costs
for street improvement. However, there are many hoops through which a City or
County must jump before such provision will be upheld by the courts.
see Woodcreek Partnerships v. Puyallup, 69 Wn. App. 1 (1993).

Appendix 3 Development Services Manual M 3007.00

Page 4 September 2005
 Blank (To be inserted at future updates)

Appendix 4 Blank (To be inserted at future updates)

Development Services Manual M 3007.00 Appendix 4

Septmber 2005 Page 1
Blank (To be inserted at future updates)

Appendix 4 Development Services Manual M 3007.00

Page 2 Septmber 2005
 Example of a Developer Agreement

Appendix 5 Example of a Developer Agreement

Development Services Manual M 3007.00 Appendix 5

September 2005 Page 1
Example of a Developer Agreement

Appendix 5 Development Services Manual M 3007.00

Page 2 September 2005
 Example of a Developer Agreement

Development Services Manual M 3007.00 Appendix 5

September 2005 Page 3
Example of a Developer Agreement

Appendix 5 Development Services Manual M 3007.00

Page 4 September 2005


September 2005


Appendix 6

Development Services Manual

M 3007.00

Page 1
Appendix 6

Developer Agreement/Access
Developer Agreement Process Flow Chart

Permit Process Flow Chart

Developer Agreement Process Flow Chart

Appendix 6 Development Services Manual M 3007.00

Page 2 September 2005
 Example of a Reinbursable Account Form

Appendix 7 Example of a Reimbursable Account Form

APPLICATION FOR JA ACCOUNT

Washington State ________ Region
Department of Transportation Sno-King Development Services
15700 Dayton Ave. N
Douglas M. MacDonald P.O. Box 330310
Secretary of Transportation Seattle, WA 98133

September 1, 2005
Ms. Charlene Hope
Hope & Parker Spas
667 Towster Ave.
My town, WA Zip

Subject: SR 50 MP + 13.13 Vic. CS 1234

Hope & Parker Spas County File No.: ________

Dear Ms. Hope:

A charge account number, JA _________, has been opened by this office to cover our actual costs for
reviewing and commenting on submitted engineering data, plans, attending meetings with developer/Local
Agency and consultants and construction inspection.
PROJECT TITLE:
LOCATION:
DESCRIPTION OF WORK:
ESTIMATE COST : Approximately: $ ________.00
(actual costs may vary; approval required for exceeding cost estimate)
By filling out and signing the application Local Agency/Developer agree(s) to pay, all WSDOT costs
related to your development/project, including administrative costs, until this project is accepted by
WSDOT as complete. Please do not send funds at this time, an invoice will be submitted to you each
month with the charges that are incurred. Payment is due within 30 days of receipt of each invoice. Interest
of 1% per month may be charged on past due accounts.
Local Agency/DEVELOPER INFORMATION

local agency/Company Name Phone Number

Billing Address Federal ID Number or SSN

Suite or Office Number Authorized Representative ( Please Print or Type)

City, State, Zip code Title

Signature

To avoid delays, please return this completed application as soon as possible, to the following address:
Washington State Department of Transportation
Attention: Ima Thinker
Region Development Services, MS 221
P.O. Box 330310
Seattle, WA 98133
If you have any questions, please feel free to contact Ima Thinker, of my Developer Services section at
(206) 5551234.
Sincerely,

Wally Washdot

For Department Use Only

Ima Thinker / ____________ JA _______ ________
WSDOT Representative / Org Number Job Number Work Op
Sample JA for manual.doc

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Example of a Reinbursable Account Form

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 Intersection/Channelization Plan for Approval Checklist

Appendix 8 Intersection/Channelization
Plan for Approval Checklist
GENERAL REQUIREMENTS
Use latest version of Manual on Uniform Traffic Control Devices (MUTCD)
and WSDOT Design Manual
Plan scale 1 = 50. Plan sheets not to exceed 22 x 34
Show 300 feet (100 m) of existing highway beyond the proposed changes
Plan prepared in accordance with Plans Preparation Manual
Have deviations/EUs been approved, if applicable
Submit a full size mylar copy for final approval.
DESIGN DATA BOX
Highway Design Class (Modified: MDL1-14; Full: Principal Arterial,
Minor Arterial or Collector)
City/County Design Classification for crossroads
Access Control
Land use
ADT
Percent Trucks (if applicable for turn storage)
Design Vehicle
Posted Speed and Design Speed
TRAFFIC SCHEMATIC DRAWING
Current ADT and design year ADT
DHV for turning movements for current and design year
PLAN SHEET
Project Title, State Route number, SR Milepost in title block
Township, Range, Section, North Arrow, scale bar, legend, county
Street and Highway names
Existing topographic features (edge of pavements, utility poles, fire hydrants,
retaining walls, etc.)
Right of Way lines (main line and crossroad)
Limited Access Control and turnback lines if applicable
Construction centerline, bearing, stationing or milepost
Begin/end stations and mileposts of roadway widening
Station, or milepost, and equations at centerline intersection of intersecting roads
and approaches
Angle of intersection
Curve data for each curve (curve radius, curve and tangent lengths, delta angle,
PC, PI, PT and superelevation)
Vertical alignment - required if alignments are new or revised or if existing
highway is in a vertical curve or highway grades are greater than 5%.

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Widths of lanes, turn lanes, shoulders, medians, curb & gutter, bike lanes, sidewalks,
and bus pullouts if applicable
Begin/end stations of channelization storage
Taper rates for lane transitions
Right turn corner radius for intersecting roadways and approaches
Intersection left turn radius
Show connecting road or private approach for at least 100 from edge of highway
Location and type of channelization
Details for raised islands showing square footage, type of curb, etc.
Block approval signature and date
Block for stamping, signing and dating by registered professional engineer

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EXAMPLE
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Intersection/Channelization Plan for Approval Checklist

Example
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 Intersection/Channelization Plan for Approval Checklist

Example
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Intersection/Channelization Plan for Approval Checklist

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 Example of a Roadway Section

Appendix 9 Example of a Roadway Section

Development Services Manual M 3007.00 Appendix 9

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Example of a Roadway Section

Appendix 9 Development Services Manual M 3007.00

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Traffic Signal Permit Form
Appendix 10 Traffic Signal Permit Form

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Traffic Signal Permit Form

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 A City Or County Interlocal Agreement Model

A City or County Interlocal

Appendix 11 Agreement Model
INTERLOCAL AGREEMENT BETWEEN
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
AND [COUNTY/CITY] FOR
MITIGATION OF LAND DEVELOPMENT IMPACTS

1. PARTIES
This Interlocal Agreement (Agreement) is made and entered into this
_____day of ___________________, 200______ by and between the Washington State
Department of Transportation (STATE) and [__COUNTY/CITY_] [(COUNTY_
CITY)].

2. PURPOSE AND AUTHORITY

2.1 The purpose of this Agreement is to provide a means to fund and construct
improvements to State transportation facilities made necessary by traffic impacts
caused by the construction of new developments. It is the intent of this Agreement to
furnish a framework within which the parties will work together and with developers
to provide an equitable balance in the bearing of costs for these improvements and to
provide a predictable method of assessing traffic mitigation payments.
2.2 The parties have the authority to enter into this Agreement pursuant to Chapter 39.34
RCW, Interlocal Cooperation Act, wherein the legislature has authorized
governmental units to make the most efficient use of their individual powers by
enabling them to cooperate on a basis of mutual advantage for public benefit.
2.3 The STATE has the authority and obligation to perform all duties necessary for the
planning, locating, designing, constructing, improving, repairing, operating and
maintaining of State highways, bridges and other structures pursuant to Title 47 RCW
and rules promulgated there under, Title 468 WAC.
2.4 The [____________] has the authority and obligation to plan for and manage growth
within its jurisdiction, to review new development plans and grant building permits,
and to provide for the mitigation of development impacts pursuant to Chapter 36.70A
RCW (Growth Management Act), Chapter 36.70B RCW (Local Project Review),
Chapter 36.75 RCW (Roads and Bridges), and Chapter 58.17 RCW (Subdivisions).
[as provided by law and/or] [Ordinance Nos. _________]
2.5 Pursuant to Chapter 43.21C RCW (State Environmental Policy Act - SEPA), the
parties are obligated to identify the significant adverse environmental effects, if any,
of new development on State transportation facilities and to provide for the mitigation
of such adverse effects as long as such mitigation measures are reasonable and
capable of being accomplished.
NOW, THEREFORE, in accordance with the above-noted statutes and in consideration of
the terms and conditions contained herein,
IT IS MUTUALLY AGREED AS FOLLOWS:

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3. SCOPE OF AGREEMENT AND DEVELOPMENTS COVERED1

This Agreement applies to all developments: (1) having frontage on OR requiring
direct access onto a State highway AND/OR (2) all developments which will be subject
to SEPA review. Single-family residences, duplexes, short plats and certain small
commercial developments are excluded, consistent with SEPA regulations unless they are
located adjacent to a State highway.

4. DEFINITIONS
4.1 Average Daily Trip (ADT): The volume of traffic passing a point or segment of a
highway, in both directions, during a period of time, divided by the number of days in
the period and factored to represent an estimate of traffic volume for an average day
of the year.
4.2 Development Approval: Any written authorization from a county, city or town that
authorizes the commencement of development activity.
4.3 High Accident Location (HAL): An intersection, on-ramp or other point on a State
highway with documented high accident rates.
4.4 Level of Service (LOS): A measure of traffic congestion along a roadway or at an
intersection identified by a declining letter scale from A to F.
4.5 Mitigation: Changes or contributions to changes made to the State transportation
system, either by facility construction, payment, or dedication/donation of right of
way, to offset or lessen a developments impacts on the traffic system.
4.6 Peak Hour: The hour during the morning or afternoon that experiences the most
critical level of service for a particular roadway or intersection.
4.7 Programmed Project: A State highway project to improve highway capacity. See
Exhibit C, attached.
4.8 Substantial Completion Date: The day the State representative determines the STATE
has full and unrestricted use and benefit of the facilities, from both the operational
and safety standpoints, and only minor incidental work, replacement of temporary
substitute facilities, or correction or repair remain for the physical completion of the
total contract.
4.9 Transportation Demand Management (TDM): Employer traffic reduction incentive
plans, e.g., carpool, transit.
4.10 Traffic Mitigation Payment: The proportionate share portion of the cost of public
facility improvements that is reasonably related to the service demands and needs of
new development.

5. [_________] RESPONSIBILITIES
The [_________] agrees that for every development application to which this Agreement
applies in accordance with Section 3, above, the [_________] will take the actions
following:

1 Sections 5.2, 6.1, 7.2, 7.4 and 11 require the parties to negotiate and then insert the correct Agreement Terms.

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5.1 The [____________] shall provide the developer with copies of the Traffic Impact
Analysis Checklist, Exhibit B, attached, in accordance with Section 7.2 and the
Channelization Plan Checklist, Exhibit D, attached, at or before the pre-submittal
conference between the [_________] and a developer. The [_________] shall require
the developer to submit the appropriate Traffic Impact Analysis Checklist and/or
Channelization Plan Checklist with its development application. [_________] shall
require the developer to submit additional information if requested by the STATE.
5.2 The [_________] shall give the STATE written notice of the proposed development
and provide the STATE with a minimum of [TIMES NEGOTIABLE: 14-21 days
for a SEPA DNS and 21-30 days for a SEPA EIS] to review, comment, consult, and
participate in the [_________]s development review and approval process in relation
to any development impacts to the States transportation system.
5.3 The [_________] shall inform the developer that the STATE may require the
developer to pay the actual cost of reviewing and inspecting the development
plans and that the STATE may bill the developer directly for those review costs.
Developers may contact the STATE to estimate the approximate cost of any
development review.
5.4 The [_________] shall recommend imposing the STATEs requested mitigation
measures as a condition of the [_________]s development approval to the extent
that such mitigation measures are reasonably related and proportional to the
developments impact on State transportation facilities. Should the [_________]
wish to modify or not recommend the STATEs requested mitigation measures, the
[_________] will work with the STATE to resolve any differences before approving
any development proposal.
5.5 a All traffic mitigation payments collected from a developer to mitigate traffic
impacts on State transportation facilities shall be held by the [_________] in a
separate account. Payments shall be paid prior to the granting of any building permit
unless the development is a subdivision or short subdivision, in which case payment
is required prior to the recording of the subdivision plat or short subdivision plat;
Provided, that where no building permit will be associated with a special use permit,
then payment is required as a precondition to approval. In the alternative, traffic
mitigation payments may be due as specified by the [_________]. The [_________]
shall provide to the STATE on a quarterly basis a statement of all developer payments
held by the [_________] for all STATE Programmed Projects.
5.5 b The STATE shall request and the [_________] shall transfer mitigation payments
to the STATE through a Developer Mitigation Payment for Transfer to State by Local
Agency Agreement. See Exhibit A, attached.
5.5 c Mitigation payments, or portions thereof, held by the STATE, but not expended
within five (5) years for STATE programmed projects, shall be returned to the [___
______] and the [_________] shall return the funds to the developer pursuant to the
provisions of Section 6.6 of this Agreement and the Developer Mitigation Payment
for transfer to the STATE by Local Agency agreement. See Exhibit A.
5.5 d Mitigation Payments, or portions thereof, held by the _________, but not
expended within five (5) years for STATE Programmed Projects, Shall be returned to
the developer by the _________

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5.6 The parties understand that any person aggrieved by a decision imposing mitigation
measures in accordance with this Agreement may appeal such decision as provided
by law and/or [_________] Ordinance Nos.[_________________________].
5.7 [_________] shall comply with the provisions of Section 6.5, with respect to access
connections to State facilities and any construction within limited access facilities.
5.8 [_________] shall comply with the provisions of Section 7.7, with respect to the
determination and application of credits against developer proportionate share
mitigation obligations.
5.9 [_________] shall comply with the provisions of Section 7.8, with respect to any
STATE and developer agreement for the mitigation of impacts to State facilities.
5.10 [_________] shall be responsible for establishing setback requirements with
respect to the right of way line if the developer has dedicated/donated property as a
mitigation measure.
5.11 [_________] shall file this Agreement with the [_Name of County________________
_] County Auditor pursuant to RCW 39.34.040.

6. STATE RESPONSIBILITIES
6.1 The STATE shall review the documents and proposed development as provided
by the [_________] pursuant to Section 5.2, and shall provide to the [_________]
written recommendations, if any, specifying the mitigation measures necessary
to mitigate the proposed developments impacts on the States transportation
system. STATE requested mitigation measures shall be in accordance with Section
7 and reasonably related and proportional to the proposed developments impacts
to the States transportation system. The STATE will respond within [TIMES
NEGOTIABLE: 14-21 days for a SEPA DNS and 21-30 days for a SEPA EIS] from
the date of the notice of the development application. The STATE will provide
explanations and technical assistance to developers with respect to any STATE
requested mitigation measures.
6.2 STATE requested impact mitigation measures will be in accordance with Section 7
and shall include:
a. Negotiated construction improvements;
b. Negotiated payment in lieu of construction of improvements;
c. Traffic mitigation payment;
d. Dedication or Donation of property;
e. Installation of traffic signal(s);
f. Channelization revision(s); and/or
g. Frontage improvements.
STATE shall determine applicable developer mitigation credits in accordance with
Section 7.7, for construction of improvements and/or for dedication/donation of property.

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6.3 Should the STATE not comply with the provisions of Section 6.1, the [_________]
may assume that the STATE has no comments or information relating to potential
impacts of the development on State transportation facilities and may not require
developer mitigation therefor. In addition, should the STATE not comply with
the provisions of Section 6.1, the STATE shall not file a SEPA appeal for that
development application. The provisions of this section do not apply should the [___
______] fail to comply with the provisions of Section 5.2. Nothing herein precludes
the [_________] from determining specific adverse development impacts on State
transportation facilities and requiring mitigation consistent with this Agreement;
Provided, that the [_________] first obtains the STATEs written approval prior to
imposing such mitigation as a condition of development approval; and Provided
further, that the [_________] imposes no duplicative mitigation measures as a
condition of development approval.
6.4 STATE shall be responsible for supporting the STATEs requested mitigation
measures at [_________] hearings or other proceedings. Such support may include
the provision of written analyses, declarations, testimony, or other documentation.
6.5 STATE shall maintain all traffic mitigation payments received from the [_________]
pursuant to Section 5.5 in an accounting format which will permit tracing of any
expenditure of the mitigation payment to ensure that the expenditure is made in
accordance with the provisions of this Agreement and within five (5) years of the
[_________]s receipt of the payments. If any moneys received have not been
expended as provided herein, the STATE shall return the moneys to the [_________]
and the [_________] shall return the moneys to the developer. Nothing herein
shall preclude a developer from waiving, at any time, its potential right to a refund.
Records of traffic mitigation payments shall be maintained in accordance with
generally accepted accounting practices and shall be made available for inspection
during normal business hours to the [_________], developer, or any authorized agent
or representative thereof, upon giving the STATE reasonable notice of such request.
6.6 Access Connections: All requests for access connections onto a State highway
shall be provided for as follows:
NOTE:CHOOSE BETWEEN THE BELOW 6.6.a PARAGRAPHS, DEPENDING
UPON WHETHER WSDOT IS CONTRACTING WITH A CITY OR COUNTY:
a. On Access Managed State Highways Within City Limits: CITY shall review and
process all requests for access connections onto access managed State highways
that are considered to be city streets pursuant to chapter 47.24 RCW. The CITY
also shall provide that each access connection meets or exceeds the States
Highway Access Management regulations as provided pursuant to chapter 47.50
RCW and WAC 468-51; 468-52. Should State and City access requirements
conflict, CITY and STATE shall negotiate a resolution. Appeals of access
decisions shall be pursuant to CITY ordinance.
OR
a. On Access Managed State Highways Within County Limits: STATE shall review
and process all requests for access connections onto managed access State
highways that are located within the COUNTY. Appeals of access decisions shall
be pursuant to STATE regulation.

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b. On Limited Access State Highways: STATE shall review and process all
requests made to the [_________] for access connections onto limited access
State highways. The STATE shall use chapter 47.52 RCW, WAC 468-58, and its
Design Manual criteria for said access review, and if the access is approved, the
developer shall be required to pay compensation to purchase the STATEs access
rights.
6.7. The STATE shall have the sole responsibility and control to permit and/or oversee
any improvements to be constructed within the right-of-way of a limited access State
highway.

7. STATE MITIGATION POLICIES AND PROCEDURES

7.1 STATE will not request, nor will the [_________] recommend, any mitigation
measures that fall outside the scope of Section 7. In order to determine and mitigate
impacts generated by a proposed development to the State transportation system,
the STATE shall identify any development impacts to the State facilities and
shall determine the appropriate mitigation measures based upon the policies and
procedures outlined herein. The STATE shall request the mitigation measures that are
reasonably related and proportional to a developments impact on State transportation
facilities.
7.2 Traffic Analysis: The [_________] shall require a developer to submit a Traffic
Impact Analysis Checklist (Exhibit B, attached) and a Channelization Plan Checklist
(Exhibit D, attached) as part of the developers development application. See
Section 5.1. At a minimum, the traffic analysis shall consist of Section 1 of the
checklist, fully completed and signed by the developer. The
STATE may only require a traffic study consistent with Section 2 of the checklist
if one of the following two conditions is met: (1) the development generates more
than [NEGOTIABLE: e.g., 25 PM] peak-hour trips; or, (2) the development will
add [NEGOTIABLE: e.g., ten (10)] or more PM peak-hour trips to a deficient2
LOS standard at a State highway intersection or HAL location. Only the STATE
may waive the requirement for traffic analysis studies.
a. STATE will use [_________] approved trip reduction credits for TDM measures
in determining traffic impacts on State transportation facilities.
b. STATE may request supplemental information and analysis as necessary to
determine development impacts, if any, on State transportation facilities.
Supplemental information may include explanatory information, detailed
documentation or further analysis to clarify or expand on data provided in the
traffic analysis.
7.3. Traffic Mitigation Payments: STATE may request that a condition of Development
Approval be the developers payment of its traffic mitigation payments to a
programmed project, as listed in Exhibit C, attached, to mitigate development
impacts, pursuant to the following:

2 An LOS is considered deficient if it is below thresholds set by:

WSDOT for HSS highways: LOS D for Urban Areas and LOS C for Rural Areas
Local MPO/RTPOs for Regionally Significant State Highways (Non-HSS)

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a. The STATE has determined a rate schedule (Exhibit C, attached), based on ADT
for State transportation facilities which have been programmed for capacity
improvements (i.e., widening, new signalization, interchange, or channelization).
The ADT schedule may be periodically updated by the STATE, and the STATE
shall provide a revised copy of Exhibit C to the [_________]. Based on a traffic
analysis, a developments proportionate share obligation may be calculated by
multiplying the rate by the number of development-generated ADTs that impact
each State programmed capacity improvement. A traffic mitigation payment
or property dedication/donation may be made in lieu of constructing mitigation
improvements solely at the STATEs option.
b. The STATE shall request traffic mitigation payments up to the Substantial
Completion Date of the projects identified in Exhibit C.
c. The STATE shall not use any mitigation received under this Agreement for any
State projects other than those identified in Exhibit C.
7.4 Level of Service (LOS) and Safety (HAL): Any development which will (1)
[NEGOTIABLE: add ten (10) or more PM] peak-hour trips (a) to an identified safety
problem location listed in the States High Accident Location (HAL) log or (b) to an
existing "deficient" LOS condition at a State highway intersection; or (2) generate
[NEGOTIABLE: twenty five (25) or more PM peak-hour trips] which will cause
a deficient LOS condition at a State highway intersection, will be subject to the
conditions following:
a. The STATE will request that conditions of development approval require
that a development maintain the existing deficient" LOS condition at its
pre-development condition, maintaining it in no worse a condition with respect
to estimated intersection delays. However, if improvements are required to
mitigate an existing deficient LOS condition, the intersection improvements
shall be constructed pursuant to State specifications and accepted by the STATE
within time frames as provided by [_________] regulation.
b. The STATE will request that a development not be approved if the development
causes an LOS F condition at a State highway intersection unless the developer
funds or constructs intersection improvements needed to maintain an LOS E,
or better, condition.
c. If the [_________] determines, after consultation with the STATE, that
for reasons beyond the control of the developer, construction of the traffic
improvements required under this Agreement cannot be completed prior to
approval for occupancy or final inspection, the [_________] may allow the
developer to provide a performance bond, assignment of savings account/
certificate of deposit, or escrow account in favor of the STATE for the required
traffic improvements. See Exhibits F and G, attached.
d. Installation of Traffic Signal: The STATE may request that a condition of
Development Approval be the installation of a traffic signal to mitigate LOS
or HAL impacts as identified by a traffic analysis. Additionally, a developer
or [_________] may request signalization which shall only be approved by the
STATE if the spacing guidelines under WAC 468-52 and at least one Manual on
Uniform Traffic Control Devices (MUTCD) signal warrant is met.

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e. Channelization Revision: The STATE may request that a condition of

Development Approval be the construction of channelization improvements to
mitigate LOS or HAL impacts, or in conjunction with the approval of an access
connection, or if warranted, pursuant to the Washington State Department of
Transportation Design Manual. Improvements shall be constructed pursuant to
State specifications and approved by the STATE. Additionally, a developer may
request channelization as part of its development application, such requests shall
be submitted through the [_________] to the STATE for STATEs approval. All
such requests shall be accompanied by a channelization plan and Channelization
Plan Checklist Exhibit D, attached, and the STATE shall have sole authority to
approve such plans.
f. The STATE may designate State highway intersections as being at ultimate
capacity where the STATE determines that additional expenditure of funds is not
warranted to maintain the LOS, or where, for example, the only LOS solution
is dependent upon traffic signal spacing requirements. The STATE will not
request traffic mitigation improvements to maintain an LOS for an intersection
at its ultimate capacity; however, the STATE may request mitigation to address
intersection operational and safety issues.
g. The STATE may request safety improvements, constructed pursuant to State
specifications and accepted by the STATE, within time frames as provided by
[_________] regulation, to mitigate development impacts on HAL locations.
h. The STATE will not object to a development that impacts a designated LOS F
intersection or HAL location when there is absolutely no mitigation improvement
that can be made.
7.5 Frontage Improvements: The STATE may request, as a condition of Development
Approval, that frontage improvements (e.g., curb, gutter, sidewalk, paved shoulder
and associated roadway widening) be constructed along the developments frontage
on the State facility as mitigation measures, consistent with the following:
a. Frontage improvements shall be based upon identified impacts to the State
transportation system, shall conform to State construction specifications, shall
be approved by the STATE, and shall be timely completed in accordance with
[_________] regulation.
b. The STATE may require that frontage improvement mitigation be constructed
as full standard, interim, or minimum, based upon engineering reasons, which
are outlined under Section c below. When an engineering reason precludes
the construction of full standard frontage improvements, interim or minimum
frontage improvements may be required. Interim frontage improvements
shall be determined by the STATE and the [_________]. Minimum frontage
improvements shall consist of paved driveway aprons at each access point along
the developments frontage, and where necessary, a shoulder shall be constructed
for ten feet along the departure side of the driveway to provide a refuge area for
pedestrians and/or a pullout area for service vehicles. The shoulder shall be up
to eight feet wide, as determined by the STATE and the [_________], and shall
include a 3:1 paved transition taper which, where necessary, will be constructed
beyond the developments frontage as right of way allows.

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c. Engineering Reasons: Engineering reasons, which may preclude the construction

of full standard frontage improvements, may include the following:
1. Horizontal realignment of the highway precludes the building of full frontage
improvements in their ultimate horizontal location.
2. Vertical realignment of the highway precludes the building of full frontage
improvements in their ultimate vertical location.
3. The property abuts an arterial road that will ultimately include four or more
lanes and construction of full frontage improvements at their ultimate location
would create an undesirable discontinuity along the highway.
4. The highway is programmed for construction and it would be more efficient
for the STATE to construct the full frontage improvements as part of an
overall project.
5. The STATE and [_________] determine that there are other significant
reasons not to require full standard frontage improvements at the time of the
development.
7.6 Right of Way Dedication/Donation: The STATE may request as a condition of
Development Approval that a developer dedicate/donate property as a mitigation
measure when (1) a property is located adjacent to a State highway that is
programmed for capacity or safety improvements; (2) additional right of way is
needed for improvements in accordance with Sections 7.4 and 7.5; or (3) it is
necessary to conform the development site to the ultimate width or design of the State
facility. The dedicated/donated property may be transferred either to the STATE or to
the [_________] as determined by the STATE. The [_________] shall determine the
timing of the property dedication/donation.
a. The STATE may not require a property dedication/donation for future highway
projects when such is not reasonably required by the development impacts;
however, the STATE will provide the developer with information about the
STATEs plans and designs for future highway construction.
b. Nothing in this Agreement precludes the STATE and a developer from executing
a separate agreement for a property dedication or donation needed by the STATE
for future highway expansion.
7.7 Credits Against Traffic Mitigation Payment: Developers shall receive credit against
their traffic mitigation payment obligations as determined pursuant to Section 7.3
where the value of their mitigation improvements and/or property dedications/
donations required in accordance with Sections, 7.4, 7.5, and 7.6 are part of the cost
of capacity projects included in Exhibit C, attached. The STATE shall determine
credits for mitigation construction and property dedication/donation and apply them
as follows:
a. The value of property dedications/donations shall be based upon comparable
sales consistent with the values used by the STATE to estimate the right of way
costs for the projects included in Exhibit C. As an alternative, the value of
property dedications/donations may be based upon an approved appraisal that
is no more than two years old and which has been performed by a qualified
appraiser licensed in the State of Washington.
b. The value of any mitigation construction shall be the actual costs expended by
the developer and supported by invoices or other acceptable documentation.

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c. Application of Credits: The value of the mitigation credits as determined above

shall be applied as follows:
1) First: to the property dedication/donation; and
Second: to the mitigation construction, such as for frontage improvements,
channelization, and/or signalization. Developer shall pay any remaining
balance.
2) Nothing in this Agreement shall preclude the [_________] from entering
into a contract with a developer for the reimbursement of a portion of the
uncredited costs (latecomer agreement) pursuant to chap. 35.72 RCW.
7.8 Mitigation Agreements: Nothing in this Agreement shall preclude the STATE and a
developer from entering into a mitigation agreement to provide for the mitigation of
development impacts to State facilities consistent with Exhibit E, attached. [_____
____] shall not assess duplicative impact fees for the same system improvements in
violation of RCW 43.21C.065.
7.9 References: Policies, standards and criteria for access, mitigation measures and
construction applicable to this Agreement include, but are not limited to, the
documents listed below. The edition used for review of an application shall continue
to apply for the duration of any approval or permit only to the extent that it is an
element of the approval or permit.
a. MS22-01, Washington State Department of Transportation (WSDOT) Design
Manual.
b. MS22-87, WSDOT Utilities Manual.
c. MS23-03, WSDOT Hydraulics Manual.
d. M21-01, WSDOT Standard Plan.
e. M41-01, WSDOT Construction Manual.
f. M51-02, WSDOT Traffic Manual.
g. M26-01, WSDOT Right-Of-Way Manual.
h. Highway Capacity Manual (Special Report 209), Transportation Research Board.
i. MUTCD, Federal Highway Administration Manual On Uniform Traffic Control
Devices.
j. WAC 468-51 & WAC 468-52, Washington Administrative CodesHighway
Access Management.
k. Trip Generation Manual, Institution of Transportation Engineers.

8. RELATIONSHIP TO EXISTING LAWS AND STATUTES

This Agreement in no way modifies or supersedes existing laws and statutes. In meeting
the commitments encompassed in this Agreement, all parties will comply with the
requirements of the State Environmental Policy Act, Growth Management Act, Open
Meetings Act, Annexation Statutes and other applicable State or local laws.

Appendix 11 Development Services Manual M 3007.00

Page 10 September 2005
 A City Or County Interlocal Agreement Model

9. RELATIONSHIP TO FUTURE PLANNING AND RECIPROCAL IMPACT

MITIGATION AGREEMENTS
The STATE and the [_________] understand and agree that many multi-jurisdictional
planning and growth management issues will need to be addressed as growth continues.
Both parties also agree and understand that joint planning agreements will be required
to accomplish the planning and plan implementation requirements of the Growth
Management Act of 1990 as amended. Such agreements may focus on particular issues
and delineate specific responsibilities that are beyond the scope of this Agreement.

10. DEVELOPMENT AND REVIEW OF STANDARDS AND POLICIES

The [_________] and the STATE agree to work toward the establishment of
coordinated transportation system development standards and development mitigation
policies and requirements as required by State law. The [_________] and the STATE will
periodically review their existing mitigation policies for consistency and coordination
in the implementation of this Agreement and will promptly notify the other in the event
of any material change in such policies. In that event, the parties agree to amend this
Agreement as appropriate.

11. EFFECTIVE DATE, DURATION, AMENDMENT AND TERMINATION

11.1 This Agreement shall become effective five (5) days after both the STATE and the
[_________] approve and sign this Agreement and after the Agreement is filed with
the County Auditor, pursuant to Section 5.11.
11.2 This Agreement shall apply to all developments, as defined in Section 3, that the
_________ determines to comprise a complete application on or after the effective
date of this Agreement through the termination date of this Agreement.
11.3 This Agreement may be modified only by written amendment executed by both
parties.
11.4 This Agreement shall remain in effect until terminated by either party, in whole or in
part, upon thirty (30) days advance written notice directed to .
11.5 In the event that this Agreement is terminated by either party, the sections of this
Agreement that govern the expenditure or reimbursement of developer mitigation
payments that have been paid, but not expended, shall survive its termination. The
parties agree to expend or reimburse developer mitigation payments under the same
terms and conditions in effect under this Agreement as when such payments were
collected. The parties further agree that property acquired by dedication/donation
during the term of this Agreement shall insure to that party in whose name it was
acquired.

12. LEGAL RELATIONS

12.1 The provisions of this Agreement shall be administered by the Washington State
Department of Transportation for the STATE and the Departments of Public Works
and Planning and Community Development for the [_________]. All real and
personal property and funds shall be acquired, held, administered, and disposed of by
the STATE or the [_________] in its own name in accordance with applicable laws.
12.2 Each party shall be responsible for its own administrative determinations and actions
taken in the performance of this Agreement.

Development Services Manual M 3007.00 Appendix 11

September 2005 Page 11
A City Or County Interlocal Agreement Model

12.3 The STATE agrees to make State staff available for support in any challenges to
State-requested mitigation measures. The STATE agrees to cooperate with the
[_________] in the defense of challenges to any land development condition,
mitigation measure, payment or other decision made at the STATEs request or based
on STATEs review or recommendation.
12.4 Each party shall protect and hold harmless the other party, its officers, officials,
employees, and/or agents from and against all claims, suits or actions arising from an
intentional or negligent act or omission of that party, its officers, officials, employees,
and/or agents while performing under the terms of this Agreement. In the event of
a claim for damages of any nature whatsoever arising out of the performance of this
Agreement caused by the concurrent actions of the parties, their officers, officials,
employees, and/or agents, each party shall provide its own defense and be liable for
damages, costs, fees or other amounts only to the extent of its individual actions that
are the basis for the imposition of liability or damages. The provisions of the section
shall survive the termination of this Agreement.

13. NO THIRD PARTY BENEFITS

This Agreement is made for the sole benefit of the STATE and the [_________] and not
for any third partys benefit.

14. SEVERABILITY
If any provision of this Agreement or its application to any person or circumstance is held
invalid, the remainder of the provisions and/or the application of the provisions to other
persons or circumstances shall not be affected.

Appendix 11 Development Services Manual M 3007.00

Page 12 September 2005
 A City Or County Interlocal Agreement Model

IN WITNESS WHEREOF, the parties have signed this Agreement, effective on the date
established in Section 11 of this Agreement.

Washington State Department of [COUNTY/CITY]

Transportation (WSDOT)

Name: Name:
Title: Title:

Dated this ___ day of ________ Dated this _____ day of __________
200_ 200_
Approved as to form: Approved as to form:

Name: Name:

__________________________ _____________________________
Assistant Attorney General Attorney for [_________]
Attorney for the WSDOT

Development Services Manual M 3007.00 Appendix 11

September 2005 Page 13
A City Or County Interlocal Agreement Model

Appendix 11 Development Services Manual M 3007.00

Page 14 September 2005
 Local Agency Local Agency Name and Address

Participating Agreement
Developer Mitigation Payment
For Transfer to State by Local Agency

Agreement Number Project Name and Description

LM

State Control Section No. Region

Route
No.

Mitigation Payments Collected

Development Name Developer/Company Name Date Collected Amount

Total Developer Mitigation Payments Transferred to STATE for This Project $

This agreement is made and entered into this _______________ day of _______, _____, between the
STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of
Transportation, hereinafter called the STATE, and the above-named Local Agency, hereinafter called
the AGENCY.
WHEREAS, the AGENCY has collected developer mitigation payments as provided by Ch. 43.21C RCW
that the parties agree have an expiration date of five (5) years from the date of collection, and
WHEREAS, the AGENCY desires to transmit these mitigation payments to the STATE for use in
constructing the above-referenced project, and
WHEREAS, the STATE has programmed above project,
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained
herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS
FOLLOWS:

Development Services Manual M 3007.00 Exhibit A Appendix 11

September 2005 Page 1
 GENERAL III
The STATE will apply all mitigation payments LEGAL RELATIONS
collected by the AGENCY pursuant to Ch. 43.21C No liability shall be attached to the STATE or
RCW to the programmed project shown above. the AGENCY by reason of entering into this
In the event the STATE does not utilize all or a agreement except as expressly provided herein.
portion of the funds within five (5) years from the
date of collection, the STATE shall refund the
unused portion of the mitigation payments to the
AGENCY. The AGENCY shall then refund the The STATE will hold the AGENCY harmless and
mitigation payments to the developer. defend at its expense any failure by the STATE
to refund the unused portions of the mitigation
payments to the AGENCY as provided herein.
The AGENCY will hold the STATE harmless and
defend at its expense any failure of the AGENCY
II to refund the unused portions of the mitigation
PAYMENT payments to the developer; provided that the
Upon execution of this agreement, the AGENCY STATE has fulfilled its obligations under Section 1
shall transfer to the STATE the amount of herein.
mitigation payments shown in the heading as
Total Developer Mitigation Payments Transferred IV
to STATE for this Project. EFFECTIVE DATE
This agreement shall become effective on the date
executed by the parties hereto, and continue until
the project is completed or the funds are returned
to the developer.

IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and
year first above written.

AGENCY STATE OF WASHINGTON

DEPARTMENT OF
TRANSPORTATION

By: By:
Title: Title:
Date: Date:

Appendix 11 Exhibit A Development Services Manual M 3007.00

Page 2 September 2005
 WSDOT Traffic Impact Analysis Checklist ________________ Region

For Developments Within [County/City]

SECTION 1
This form, completed and signed, is to be attached to the initial development application.
1. Name of Development: ___________________________________________________________
2. Description of Location: __________________________________________________________
3. Attach vicinity map that shows the location of the development project.
4. Type of Development: ____________________________________________________________
5. Development Trip Generation:
5(a). Average daily traffic (ADT) generated: __________________________________________
5(b). Peak Hour traffic generated: ________________ AM ________________ PM
6. Is the Peak Hour traffic generated twenty five (25) or greater? Yes No
OR
7. Is the development likely to add ten (10) or more Peak-Hour trips to any LOS F or
HAL location?
Yes No
If Yes to Nos. 6 or 7:
Traffic Impact Analysis Checklist Section (2) is required.
If No to Nos. 6 and 7:
A Mitigation Agreement For Land Development Impacts to State Transportation Facilities
(see Exhibit E) may be required.

Prepared by:_____________________________________________ Date:___________________

Name: _______________________________________________________________________________

Company: ____________________________________________________________________________

Development Services Manual M 3007.00 Exhibit B Appendix 11

September 2005 Page 1
 SECTION 2
TRAFFIC IMPACT STUDY

Note: All applicable elements shown on this checklist must be included in your traffic impact analysis. If
an element is missing, the analysis will not be reviewed but will be returned without any action. A Traffic
Impact Study shall be submitted to the [_________] (hereinafter called the [County_City] as part of
your development application which will be forwarded to the State.
Definitions: Intersection refers only to (1) State/State Intersection or (2) State/
[________________] Roadway Intersection.
NOTE: Section IV requirements are waived if:
(1) The development generates less than 50 Peak-Hour trips;
(2) All impacted State intersections operate at LOS E or better; and
(3) The list of LOS for all State intersections impacted by ten (10) or more Peak-Hour trips is
submitted with this form and the Traffic Impact Study.
This development meets the above criteria. The LOS list of the impacted intersections is attached.
I. Project Description, PROVIDE:
Location (vicinity map and site plan), type and size of development.
Horizon Year
II. Trip Generation, PROVIDE:
Whether the current ITE Trip Generation Manual and its supplement(s ) was used or whether
previously approved WSDOT or [____________________] specific survey data was used.
(1) ADT, (2) AM and PM Peak-Hour Trips, and (3) justify any reduction for pass-by trips,
diverted-linked trips and Traffic Demand Management (TDM) measures consistent with ITE Trip
Generation Manual and its supplement(s), unless previously approved WSDOT or
[__________________] specific survey data was used.
III. Trip Distribution, PROVIDE:
Distribution percentages on vicinity map/diagram.
Weekday AM and PM Peak-Hour and daily assignments.
Development ADT impacting any State improvements as programmed by the WSDOT.
See Exhibit C.
IV.A. Level of Service (LOS) for All State Intersections Impacted By Ten (10) or More, But Less
Than 50 Peak-Hour Trips, PROVIDE:
The existing Peak-Hour Counts which have been taken within 18 months of the date of the
development application, and
The LOS for all State intersections impacted by ten (10) or more new development-generated
Peak-Hour trips. This information may be available from the State or [_________]. Include left
turn, right turn, and through movements.
NOTE: LOS calculation sheets, except for intersections where the LOS has been provided by the State or
the [_________], must be calculated as follows:
Signalized intersections: LOS must be calculated based on the overall intersection LOS.
Unsignalized intersections: LOS must be calculated based on LOS of worst approach or
lane group.
Appendix 11 Exhibit B Development Services Manual M 3007.00
Page 2 September 2005
IV.B. For Developments Generating 25 or More Peak-Hour Trips, PROVIDE:
The annual growth-rate factor (percentage) used and its source.
Projected ADT and Peak-Hour trips at horizon year with and without the project.
Projected LOS, with and without project, at horizon year at any intersection impacted by ten (10)
or more Peak-Hour trips. The State uses Transit 7F Software to calculate LOS of coordinated,
signalized intersections; however, the consultants may use other methods acceptable to the State.
Before using a different software system, first obtain State approval.
NOTE: The 95th percentile queues at signalized intersections may be requested by the State following its
review of the Traffic Impact Study.
V. Accident Analysis for all High Accident Locations (HAL) and Intersections Impacted
by ten (10) or more Peak-Hour trips; HAL locations are available from State or
[___________________], PROVIDE.
An accident analysis at all proposed direct access connections to State highways.
An accident analysis at all State intersections where developer mitigation is proposed.
A listing of HAL and/or impacted intersections three-year accident history.
A collision diagram.
A discussion of the predominant accident types and their locations, accident patterns, an
assessment of the developments traffic safety impact and mitigation for its safety impact.
Accident information can be obtained by writing to:
Washington State Department of Transportation
Address: ________________________________
________________________________________
________________________________________
VI. State Highway Access Connection Reviews, PROVIDE:
Investigation of all possible alternative access points other than State highways.
Sight distance measurement(s).
Mile Post(s) or Highway Engineers Station(s).
Distance from adjacent driveways and intersections.
Type of any proposed access(es) onto a State highway (e.g., unrestricted, right-in/right-out only,
right-in/right-out and left-in only or right-in only).
LOS analysis for proposed access connection(s) onto a State highway.
Accident analysis per Section V, 1/10 mile on either side of proposed access point(s).
VII. Suggested Mitigation Recommendations Necessary to Relieve Development Traffic Impacts,
PROVIDE:
Correction of LOS deficiencies.
Frontage improvements and/or channelization revisions.
Traffic mitigation payment based on daily trips to all impacted State projects.
Dedication/donation of right of way.
Assessment of clear zone if widening State highway.

Development Services Manual M 3007.00 Exhibit B Appendix 11

September 2005 Page 3
 Possible shared mitigation measures with other developers.
Proposed changes to State highway channelization shall require submittal of a complete
channelization plan for States review and approval. The channelization plan must be prepared
according to the WSDOT Channelization Plan Checklist, Exhibit D.
VIII. Miscellaneous, PROVIDE:
Two (2) copies of Traffic Impact Study.
Traffic Impact Study must be signed and stamped by a professional engineer.
NOTE 1:Following the States review of the Traffic Impact Study, the State may request supplemental
information and analysis as necessary to determine the impacts of the development. Supplement
information may include explanatory information, detailed documentation or further analysis to
clarify or expand on data provided in the Traffic Impact Study.
NOTE 2: WSDOT Development Services is available to be directly contacted by developers or their
consultants to answer questions about the Traffic Impact Study requirements.

Appendix 11 Exhibit B Development Services Manual M 3007.00

Page 4 September 2005
 PROGRAMMED WSDOT PROJECTS FOR THE
[_________] AS OF ___________________________, 200___
Traffic Mitigation

September 2005
Design/ Payment Per
Project Work Total Cost Const. Year Development
No. SR Project Name/ Description Order No. (M) Generated ADT

Development Services Manual

M 3007.00
Exhibit C
Page 1
Appendix 11
Appendix 11 Exhibit C Development Services Manual M 3007.00
Page 2 September 2005
 Intersection/Channelization Plan for Approval Checklist
GENERAL REQUIREMENTS
Use latest version of Manual on Uniform Traffic Control Devices (MUTCD)
and WSDOT Design Manual
Plan scale 1 = 50. Plan sheets not to exceed 22 x 34
Show 300 feet (100 m) of existing highway beyond the proposed changes
Plan prepared in accordance with Plans Preparation Manual
Have deviations/EUs been approved, if applicable
Submit a full size mylar copy for final approval.
DESIGN DATA BOX
Highway Design Class (Modified: MDL1-14; Full: Principal Arterial,
Minor Arterial or Collector)
City/County Design Classification for crossroads
Access Control
Land use
ADT
Percent Trucks (if applicable for turn storage)
Design Vehicle
Posted Speed and Design Speed
TRAFFIC SCHEMATIC DRAWING
Current ADT and design year ADT
DHV for turning movements for current and design year
PLAN SHEET
Project Title, State Route number, SR Milepost in title block
Township, Range, Section, North Arrow, scale bar, legend, county
Street and Highway names
Existing topographic features (edge of pavements, utility poles, fire hydrants,
retaining walls, etc.)
Right of Way lines (main line and crossroad)
Limited Access Control and turnback lines if applicable
Construction centerline, bearing, stationing or milepost
Begin/end stations and mileposts of roadway widening
Station, or milepost, and equations at centerline intersection of intersecting roads and approaches
Angle of intersection
Curve data for each curve (curve radius, curve and tangent lengths, delta angle,
PC, PI, PT and superelevation)
Vertical alignment - required if alignments are new or revised or if existing
highway is in a vertical curve or highway grades are greater than 5%.
Development Services Manual M 3007.00 Exhibit D Appendix 11
September 2005 Page 1
 Widths of lanes, turn lanes, shoulders, medians, curb & gutter, bike lanes, sidewalks,
and bus pullouts if applicable
Begin/end stations of channelization storage
Taper rates for lane transitions
Right turn corner radius for intersecting roadways and approaches
Intersection left turn radius
Show connecting road or private approach for at least 100 from edge of highway
Location and type of channelization
Details for raised islands showing square footage, type of curb, etc.
Block approval signature and date
Block for stamping, signing and dating by registered professional engineer

Appendix 11 Exhibit D Development Services Manual M 3007.00

Page 2 September 2005
 EXAMPLE

MITIGATION AGREEMENT
FOR LAND DEVELOPMENT IMPACTS
TO STATE TRANSPORTATION FACILITIES

This Agreement is made this ____ day of ___________, 200____, by and between the Washington
State Department of Transportation ( WSDOT) and __________________and its heirs, successors
and assigns ( DEVELOPER).
WHEREAS, WSDOT has the authority to perform all duties necessary for the planning, locating,
designing, constructing, improving, repairing, operating and maintaining of State highways, bridges
and other structures pursuant to Title 47 RCW and rules promulgated thereunder, Title 468 WAC; and
WHEREAS, WSDOT is required to identify significant adverse environmental impacts of new
development on the States transportation system and to provide for the mitigation of those land
development impacts pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C RCW; and
WHEREAS, WSDOT has the authority pursuant to Title 47 RCW, Title 468 WAC, and Chapter 43.21C
RCW to require DEVELOPER to mitigate its land development impacts to the States transportation
system as long as the required mitigation measures are reasonably related and proportional to said
impacts; and
WHEREAS, DEVELOPER intends to develop the property (hereinafter called the DEVELOPMENT)
with (describe DEVELOPMENT and provide address)

reviewed under [_________] (hereinafter called the [_______]) File Number _________; and
WHEREAS, DEVELOPERS development has a significant adverse impact on the States transportation
system and such impact must be mitigated as part of the DEVELOPMENT plan,
NOW, THEREFORE, in accordance with the above-cited laws and the policies enacted thereunder, and
in consideration of the terms and conditions contained herein,
IT IS MUTUALLY AGREED AS FOLLOWS:
I. PURPOSE
The purpose of this Agreement is to provide a mechanism by which the DEVELOPER agrees to
mitigate the traffic impacts to the State highway transportation system caused by its DEVELOPMENT.
DEVELOPER agrees that the mitigation measures contained in this Agreement are proportional and
reasonably related to the impacts caused by its DEVELOPMENT. Based upon DEVELOPERs promise
to fully comply with the terms of this Agreement, WSDOT shall permit, where appropriate, or shall not
oppose the [_________]s grant of the DEVELOPERs DEVELOPMENT application.

Development Services Manual M 3007.00 Exhibit E Appendix 11

September 2005 Page 1
 II. MITIGATION MEASURERS
1. Mitigation of Development Impacts on State Transportation Facilities
WSDOT has identified, pursuant to DEVELOPERs Traffic Impact Study, the
DEVELOPMENTs traffic impacts to the States transportation facilities that are reasonably
related and proportional to the DEVELOPMENT and which require capacity mitigation
improvements necessary to support DEVELOPERs new DEVELOPMENT.
1.A. If DEVELOPMENT abuts a State highway facility, the WSDOT requires Developer
Traffic Mitigation Measures as follows:
(1) Construct Frontage Improvements. Describe Improvements:
_________________________________________________________________
__________________________________________________________ and/or,
Pay the lump sum estimated cost of constructing the frontage improvements.
Enter the estimated Cost $ _____________________________________ and/or,
(2) Construct off-site highway improvements to mitigate LOS deficiencies and
impacts on HAL locations (e.g., signalization and turn pockets).
Describe Improvements _____________________________________________
__________________________________________________________ and/or,
Pay the lump sum estimated cost of constructing the off-site improvements.
Enter the estimated Cost $ _____________________________________and/or,
(3) Dedication/Donation of property for right of way use: Describe Property:
Enter the estimated value $ ___________________________________________
___________________________________________________________and/or,
(Note: The value of property dedications/donations shall be based upon comparable
sales consistent with the values used by the WSDOT to estimate the right of way
costs for the projects included in Exhibit C. As an alternative, the value of property
dedications/donations may be based upon an approved appraisal that is no more than two
years old and which has been performed by a qualified appraiser licensed in the State of
Washington.)
(4) Pay the traffic mitigation payment per Average Daily Trip (ADT)
(Note: The calculation of this payment is set forth below).
Enter the Cost $_______________.

Appendix 11 Exhibit E Development Services Manual M 3007.00

Page 2 September 2005
 1.B. If DEVELOPMENT does not abut a State highway facility, the WSDOT requires
the Developer Traffic Mitigation Measures as follows:
(1) Construct off-site highway improvements to mitigate LOS deficiencies and
impacts on HAL locations (e.g., signalization and turn pockets). Describe
Improvements: _____________________________________________________
____________________________________________________________and/or
Pay the lump sum estimated cost of constructing the frontage improvements.
Enter the estimated Cost $______________________________________and/or,
(2) Pay the traffic mitigation payment per Average Daily Trip (ADT)
(Note: the calculation of this payment is set forth below).
Enter Cost $ _______________________________________________________
NOTE: If DEVELOPER elects to construct improvement, DEVELOPER and WSDOT shall enter into
a second agreement (Developer Agreement: Construction by Developer) that will provide for
plans, specifications, actual construction and inspection of the improvements.
The Developers traffic mitigation per ADT payment is calculated as follows:
ADTs
WSDOT Programmed Projects Project- Cost Traffic Mitigation
Impacting
(list all that apply) per ADT Payment
Projects
1. $ $
2. $ $
3. $ $
Total $

II. CREDITS
Where the value of the DEVELOPER-constructed mitigation improvements required and/or the value
of the property to be dedicated/donated to the WSDOT is part of the costs of a WSDOT programmed
capacity project, DEVELOPER shall only receive credit against its traffic mitigation payment for
DEVELOPER-constructed improvement or property as follows:
Value of Frontage Improvements $ __________(1)
Value of off-site Highway Improvements $ __________(2)
Value of Dedicated/Donated Property $ __________(3)
Total Credits $ __________(4)

Development Services Manual M 3007.00 Exhibit E Appendix 11

September 2005 Page 3
 IV. SUMMARY
Traffic Mitigation Payment Total Due $___________(5)
Total Credits (Line 4 above) $___________(6)
Net Amount of Traffic Mitigation Payment due (Line 5Line 6) $___________(7)
(If Line 6 > Line 5, then Line 7 = 0)
The DEVELOPER agrees to a voluntary payment in lieu of construction to mitigate impacts of the
DEVELOPMENT on WSDOT facilities equal to (Line 7 above): $_______________
The traffic mitigation payment agreed to herein shall be paid prior to the granting of any building permit
unless the DEVELOPMENT is a subdivision or short subdivision, in which case payment is required prior
to recording of the subdivision plat or short subdivision plat; Provided, that where no building permit will
be associated with a special use permit, then payment is required as a precondition to approval. In the
alternative, traffic mitigation payments may be due as specified by the [_________].
Any portion of the traffic mitigation payments made pursuant to this Agreement and directly paid to the
WSDOT shall be refunded to the DEVELOPER in the event that the WSDOT does not utilize any or all
of the funds within five (5) years of the date of payment.
The WSDOT agrees that the mitigation measures as detailed in this Agreement will constitute
DEVELOPER compliance with its obligation to mitigate its DEVELOPMENTs traffic impacts to the
State highway system.

Washington State Department DEVELOPER

of Transportation (WSDOT)
______________________________ ______________________________
Name: Name:

Title: Title:

Company:

Dated this _____ day of ________ 200_ Dated this _____ day of _________
200_

Pre-approved as to form, April 1, 2003

by Ann E. Salay, AAG:

Any material modification requires

Additional approval of the Office of the
Attorney General

Appendix 11 Exhibit E Development Services Manual M 3007.00

Page 4 September 2005
 Acknowledgment - Individual
STATE OF WASHINGTON)
)ss
COUNTY/CITY OF _______)

This is to certify that I know or have satisfactory evidence that _________________________________

is/are the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they)
is/are the person(s) who signed this instrument, and is/are authorized to execute this instrument, as
the ___________________________ of _____________________, and (he/she/they) acknowledged
it to be (his/her/their) free and voluntary act for the uses and purposes mentioned within the instrument.
Dated: _______________________________________
_______________________________________
NOTARY PUBLIC in and for the State of
Washington _____________________________
residing at ______________________________
My appointment expires___________________

Acknowledgment - Corporation/Partnership
STATE OF WASHINGTON)
)ss
COUNTY/CITY OF _______)
I certify that I know or have satisfactory evidence that ____________________________________
signed this instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the _____________________________________ of _________________________
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
NOTARY PUBLIC in and for the State of
Washington _____________________________
residing at ______________________________
My appointment expires___________________

Development Services Manual M 3007.00 Exhibit E Appendix 11

September 2005 Page 5
Appendix 11 Exhibit E Development Services Manual M 3007.00
Page 6 September 2005
 Individual Bond
for Agreement
Bond No. ___________________________
KNOW ALL MEN BY THESE PRESENTS: That we, ________________________________________
________________________________________ County ______________________________________
__________________________________________ as Principal, and ____________________________________
as Surety, are jointly and severally bound unto the STATE OF WASHINGTON in the sum of ______________
DOLLARS, for payment of which to the State of Washington, we jointly and severally bind ourselves, our
heirs, executors, administrators, and assigns, firmly by these presents.
WHEREAS, the Principal in pursuance of its operations has requested the permission of the Washington
State Department of Transportation, to construct improvements within the states right of way, and
WHEREAS, the Washington State Department of Transportation, has agreed to allow the Principal
to construct these improvements on a portion of State Route No. ______________________________ in
_________________________ County, Washington, under the provisions of the agreement between these
two parties hereinafter identified as agreement number ____________________________________ and
charge account number ______________________________________________________________.
NOW, THEREFORE, the condition of this obligation is such that if all the conditions of said agreement
including the proper restoration of slopes, slope treatment, topsoil, landscape treatment, drainage facilities
and cleanup of right of way, are complied with according to the terms contained in said agreement by said
Principal, through a period ending not more than ________________ year(s) after date of completion of
construction and upon receipt of a written discharge from the State, then this obligation shall become null
and void, otherwise this bond to remain in full force and effect.
WITNESS our hands and seals this _____________________________ day of _________, ___________
NOTE: Please type or print below the signatures Principal:
the names of parties executing this Bond, together
Address:
with official title of each.

Telephone:

By:
Title:
Surety:

WASHINGTON STATE Address:

DEPARTMENT OF TRANSPORTATION

By: Telephone:
Title:
Date: By:
Title

Development Services Manual M 3007.00 Exhibit F Appendix 11

September 2005 Page 1
Appendix 11 Exhibit F Development Services Manual M 3007.00
Page 2 September 2005
 ASSIGNMENT OF SAVINGS ACCOUNT/CERTIFICATE OF DEPOSIT
This assignment is for the purpose of fulfilling the requirement of bonding collateral for Permit
__________________________. The undersigned does hereby assign, transfer, and set over unto the
State of Washington all right and title to $ ________________________ on ________________________
(Account No.) in the _______________________________ Branch, _____________________________
Bank, in the name of _________________________________ with full power and authority to demand,
collect, and receive said deposit and to give receipt and a quittance therefore for the uses and purposes
prescribed above. It is understood and agreed that ________________________________________
Branch___________________________ Bank holds the certificate covering said account in its possession
and agrees to hold $ ___________________ until release of this assignment from the State of Washington
is received. The interest shall be payable to _______________________________________.

Signed and dated at _______________________________, Washington this ________________

day of ________________________, 200__.

Signature

Address
ACCEPTANCE

The undersigned hereby accepts the foregoing Assignment of Savings Account/Certificate of

Deposit, Account or $ ___________________________ this _______________ day of _______, 200__.

Bank

Signature

Title

Development Services Manual M 3007.00 Exhibit G Appendix 11

September 2005 Page 1
Appendix 11 Exhibit G Development Services Manual M 3007.00
Page 2 September 2005
 Highway Access Management

Appendix 12 Highway Access Management

Chapter 47.50 RCW

HIGHWAY ACCESS MANAGEMENT
SECTIONS
47.50.010 Finding--Access.
47.50.020 Definitions--Access.
47.50.030 Regulating connections.
47.50.040 Access permits.
47.50.050 Permit fee.
47.50.060 Permit review process
47.50.070 Permit conditions.
47.50.080 Permit removal.
47.50.090 Access management standards.

RCW 47.50.010
Findings -- Access.
(1) The legislature finds that:
(a) Regulation of access to the state highway system is necessary in order to protect
the public health, safety, and welfare, to preserve the functional integrity of the
state highway system, and to promote the safe and efficient movement of people
and goods within the state;
(b) The development of an access management program, in accordance with this
chapter, which coordinates land use planning decisions by local governments and
investments in the state highway system, will serve to control the proliferation of
connections and other access approaches to and from the state highway system.
Without such a program, the health, safety, and welfare of the residents of this
state are at risk, due to the fact that uncontrolled access to the state highway
system is a significant contributing factor to the congestion and functional
deterioration of the system; and
(c) The development of an access management program in accordance with this
chapter will enhance the development of an effective transportation system and
increase the traffic-carrying capacity of the state highway system and thereby
reduce the incidences of traffic accidents, personal injury, and property damage
or loss; mitigate environmental degradation; promote sound economic growth
and the growth management goals of the state; reduce highway maintenance
costs and the necessity for costly traffic operations measures; lengthen the
effective life of transportation facilities in the state, thus preserving the public
investment in such facilities; and shorten response time for emergency vehicles.
(2) In furtherance of these findings, all state highways are hereby declared to
be controlled access facilities as defined in RCW 47.50.020, except those
highways that are defined as limited access facilities in chapter 47.52 RCW.

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(3) It is the policy of the legislature that:

(a) The access rights of an owner of property abutting the state highway system
are subordinate to the publics right and interest in a safe and efficient highway
system; and
(b) Every owner of property which abuts a state highway has a right to reasonable
access to that highway, unless such access has been acquired pursuant to chapter
47.52 RCW, but may not have the right of a particular means of access. The right
of access to the state highway may be restricted if, pursuant to local regulation,
reasonable access can be provided to another public road which abuts the
property.
(4) The legislature declares that it is the purpose of this chapter to provide a coordinated
planning process for the permitting of access points on the state highway system to
effectuate the findings and policies under this section.
(5) Nothing in this chapter shall affect the right to full compensation under section 16,
Article I of the state Constitution.
[1991 c 202 1.]
NOTES:
Captions not law -- 1991 c 202: Section captions and part headings as used in this act
do not constitute any part of the law. [1991 c 202 22.]
Effective date -- 1991 c 202: This act is necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1991. [1991 c 202 24.]
Severability -- 1991 c 202: If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision
to other persons or circumstances is not affected. [1991 c 202 25.]

RCW 47.50.020
Definitions -- Access.
Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1) Controlled access facility means a transportation facility to which access is
regulated by the governmental entity having jurisdiction over the facility. Owners
or occupants of abutting lands and other persons have a right of access to or from
such facility at such points only and in such manner as may be determined by the
governmental entity.
(2) Connection means approaches, driveways, turnouts, or other means of providing
for the right of access to or from controlled access facilities on the state highway
system.
(3) Permitting authority means the department for connections in unincorporated areas
or a city or town within incorporated areas which are authorized to regulate access to
state highways pursuant to chapter 47.24 RCW.
[1991 c 202 2.]
NOTES:
Captions not law -- Effective date -- Severability -- 1991 c 202: See notes following
RCW 47.50.010.

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RCW 47.50.030
Regulating connections.
(1) Vehicular access and connections to or from the state highway system shall be
regulated by the permitting authority in accordance with the provisions of this chapter
in order to protect the public health, safety, and welfare.
(2) The department shall by July 1, 1992, adopt administrative procedures pursuant to
chapter 34.05 RCW which establish state highway access standards and rules for its
issuance and modification of access permits, closing of unpermitted connections,
revocation of permits, and waiver provisions in accordance with this chapter. The
department shall consult with the association of Washington cities and obtain
concurrence of the city design standards committee as established by RCW 35.78.030
in the development and adoption of rules for access standards for city streets
designated as state highways under chapter 47.24 RCW.
(3) Cities and towns shall, no later than July 1, 1993, adopt standards for access
permitting on streets designated as state highways which meet or exceed the
departments standards, provided that such standards may not be inconsistent with
standards adopted by the department.
[1991 c 202 3.]
NOTES:
Captions not law -- Effective date -- Severability -- 1991 c 202: See notes following
RCW 47.50.010.

RCW 47.50.040
Access permits.
(1) No connection to a state highway shall be constructed or altered without obtaining an
access permit in accordance with this chapter in advance of such action. A permitting
authority has the authority to deny access to the state highway system at the location
specified in the permit until the permittee constructs or alters the connection in
accordance with the permit requirements.
(2) The cost of construction or alteration of a connection shall be borne by the permittee,
except for alterations which are not required by law or administrative rule, but are
made at the request of and for the convenience of the permitting authority. The
permittee, however, shall bear the cost of alteration of any connection which is
required by the permitting authority due to increased or altered traffic flows generated
by changes in the permittees facilities or nature of business conducted at the location
specified in the permit.
(3) Except as otherwise provided in this chapter, an unpermitted connection is subject to
closure by the appropriate permitting authority which shall have the right to install
barriers across or remove the connection. When the permitting authority determines
that a connection is unpermitted and subject to closure, it shall provide reasonable
notice of its impending action to the owner of property served by the connection. The
permitting authoritys procedures for providing notice and preventing the operation of
unpermitted connections shall be adopted by rule.
[1991 c 202 4.]
NOTES:
Captions not law -- Effective date -- Severability -- 1991 c 202: See notes following
RCW 47.50.010.

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RCW 47.50.050
Permit fee.
The department shall establish by rule a schedule of fees for permit applications made
to the department. The fee shall be nonrefundable and shall be used only to offset the
costs of administering the access permit review process and the costs associated with
administering the provisions of this chapter.
[1991 c 202 5.]
NOTES:
Captions not law -- Effective date -- Severability -- 1991 c 202: See notes following
RCW 47.50.010.

RCW 47.50.060
Permit review process.
The review process for access permit applications made by the department shall be
as follows: Any person seeking an access permit shall file an application with the
department. The department by rule shall establish application form and content
requirements. The fee required by RCW 47.50.050 must accompany the applications.
[1991 c 202 6.]
NOTES:
Captions not law -- Effective date -- Severability -- 1991 c 202: See notes following
RCW 47.50.010.

RCW 47.50.070
Permit conditions.
The permitting authority may issue a permit subject to any conditions necessary to carry
out the provisions of this chapter, including, but not limited to, requiring the use of a
joint-use connection. The permitting authority may revoke a permit if the applicant fails
to comply with the conditions upon which the issuance of the permit was predicated.
[1991 c 202 7.]
NOTES:
Captions not law -- Effective date -- Severability -- 1991 c 202: See notes following
RCW 47.50.010.

RCW 47.50.080
Permit removal.
(1) Unpermitted connections to the state highway system in existence on July 1, 1990,
shall not require the issuance of a permit and may continue to provide access to
the state highway system, unless the permitting authority determines that such
a connection does not meet minimum acceptable standards of highway safety.
However, a permitting authority may require that a permit be obtained for such a
connection if a significant change occurs in the use, design, or traffic flow of the
connection or of the state highway to which it provides access. If a permit is not
obtained, the connection may be closed pursuant to RCW 47.50.040.

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(2) Access permits granted prior to adoption of the permitting authorities standards
shall remain valid until modified or revoked. Access connections to state highways
identified on plats and subdivisions approved prior to July 1, 1991, shall be deemed
to be permitted pursuant to chapter 202, Laws of 1991. The permitting authority may,
after written notification, under rules adopted in accordance with RCW 47.50.030,
modify or revoke an access permit granted prior to adoption of the standards by
requiring relocation, alteration, or closure of the connection if a significant change
occurs in the use, design, or traffic flow of the connection.
(3) The permitting authority may issue a nonconforming access permit after finding
that to deny an access permit would leave the property without a reasonable means
of access to the public roads of this state. Every nonconforming access permit
shall specify limits on the maximum vehicular use of the connection and shall be
conditioned on the availability of future alternative means of access for which access
permits can be obtained.
[1991 c 202 8.]
NOTES:
Captions not law -- Effective date -- Severability -- 1991 c 202: See notes following
RCW 47.50.010.

RCW 47.50.090
Access management standards.
(1) The department shall develop, adopt, and maintain an access control classification
system for all routes on the state highway system, the purpose of which shall be to
provide for the implementation and continuing applications of the provision of this
chapter.
(2) The principal component of the access control classification system shall be access
management standards, the purpose of which shall be to provide specific minimum
standards to be adhered to in the planning for and approval of access to state
highways.
(3) The control classification system shall be developed consistent with the following:
(a) The department shall, no later than January 1, 1993, adopt rules setting forth
procedures governing the implementation of the access control classification
system required by this chapter. The rule shall provide for input from the entities
described in (b) of this subsection as well as for public meetings to discuss the
access control classification system. Nothing in this chapter shall affect the
validity of the departments existing or subsequently adopted rules concerning
access to the state highway system. Such rules shall remain in effect until
repealed or replaced by the rules required by this chapter.
(b) The access control classification system shall be developed in cooperation with
counties, cities and towns, the department of community, trade, and economic
development, regional transportation planning organizations, and other local
governmental entities, and for city streets designated as state highways pursuant
to chapter 47.24 RCW, adopted with the concurrence of the city design standards
committee.
(c) The rule required by this section shall provide that assignment of a road segment
to a specific access category be made in consideration of the following criteria:

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(i) Local land use plans and zoning, as set forth in comprehensive plans;
(ii) The current functional classification as well as potential future functional
classification of each road on the state highway system;
(iii) Existing and projected traffic volumes;
(iv) Existing and projected state, local, and metropolitan planning organization
transportation plans and needs;
(v) Drainage requirements;
(vi) The character of lands adjoining the highway;
(vii The type and volume of traffic requiring access;
(viii) Other operational aspects of access;
(ix) The availability of reasonable access by way of county roads and city
streets to a state highway; and
(x) The cumulative effect of existing and projected connections on the state
highway systems ability to provide for the safe and efficient movement of
people and goods within the state.
(d) Access management standards shall include, but not be limited to, connection
location standards, safety factors, design and construction standards, desired
levels of service, traffic control devices, and effective maintenance of the roads.
The standards shall also contain minimum requirements for the spacing of
connections, intersecting streets, roads, and highways.
(e) An access control category shall be assigned to each segment of the state
highway system by July 1, 1993.
[1995 c 399 124; 1991 c 202 9.]
NOTES: Captions not law -- Effective date -- Severability -- 1991 c 202: See
notes following RCW 47.50.010.

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Highway Access Management -

Appendix 13 Administrative Process

Chapter 468-51 WAC

HIGHWAY ACCESS MANAGEMENT
ACCESS PERMITS -- ADMINISTRATIVE PROCESS
Last Update: 2/25/99

WAC SECTIONS
468-51-010 Purpose
468-51-020 Definitions.
468-51-030 General provisions.
468-51-040 Connection Categories.
468-51-050 Conceptual review.
468-51-060 Application requirements and procedures.
468-51-070 Fees and surety bond.
468-51-080 Application submittal,
468-51-090 Construction requirements.
468-51-100 Nonconforming connection permits.
468-51-105 Variance connection permits.
468-51-110 Changes in property site use.
468-51-120 Permit modification, revocation, closure of permitted connections.
468-51-130 Closure of unpermitted connections.
468-51-140 Department construction projects.
468-51-150 Adjudicative proceedings.

WAC 468-51-010
Purpose.
This chapter is adopted for use by the Washington state department of transportation
to implement chapter 47.50 RCW for the regulation and control of vehicular access
and connection points of ingress to, and egress from, the state highway system within
unincorporated areas that are under the jurisdiction of the Washington state department of
transportation. However, this chapter and chapter 468-52 WAC may be used, as a default,
by cities that are the permitting authorities if they have not adopted an enacting ordinance
as required under chapter 47.50 RCW.
This chapter describes the connection permit application process and procedures,
including a preapplication conceptual review process, and requirements for closure of
unpermitted and nonconforming connections to the state highway system.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-010, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-010, filed 6/24/92, effective 7/25/92.]

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WAC 468-51-020
Definitions.
For the purposes of this chapter, the following definitions of terms shall apply unless the
context clearly indicates otherwise:
(1) Application means an application form supplied by the department and completed
by the applicant, a certified check or money order for the required application fee, and
related property site, driveway, roadway, and traffic information.
(2) Average daily traffic (ADT) means the volume of traffic passing a point or segment
of a highway, in both directions, during a period of time, divided by the number
of days in the period and factored to represent an estimate of traffic volume for an
average day of the year.
(3) Average weekday vehicle trip ends (AWDVTE) means the estimated total of all
trips entering plus all trips leaving the applicants site based on the final stage of
proposed development.
(4) Conforming connection means a connection that meets current department location,
spacing, and design criteria.
(5) Connection means approaches, driveways, turnouts, or other means of providing
for the right of access to or from controlled access facilities on the state highway
system.
(6) Connection category means a permit category of all state highway connections, in
accordance with the type of property served and the estimated traffic generated by the
applicants site based on rates accepted by the department.
(7) Connection permit means a written authorization given by the department for a
specifically designed connection to the state highway system at a specific location
for a specific type and intensity of property use and specific volume of traffic for
the proposed connection, based on the final stage of proposed development of the
applicants property. The actual form used for this authorization will be determined
by the department.
(8) Controlled access facility means a transportation facility (excluding limited
access facilities as defined in chapter 47.52 RCW) to which access is regulated by
the governmental entity having jurisdiction over the facility. Owners or occupants
of abutting lands and other persons have a right of reasonable access to and from
such facility at such points only and in such manner as may be determined by the
governmental entity.
(9) Department means the Washington state department of transportation.
(10) Development approval means an official action by a governmental land use
planning authority authorizing the developer or land owner to begin construction of
any permanent improvements on the property.
(11) Governmental entity means, for the purpose of this chapter, a unit of local
government or officially designated transportation authority that has the responsibility
for planning, construction, operation, maintenance, or jurisdiction over transportation
facilities.
(12) Joint use connection means a single connection point that serves as a connection to
more than one property or development, including those in different ownerships or in
which access rights are provided in the legal descriptions.

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(13) Limited access facility means a highway or street especially designed or designated
for through traffic, and over, from, or to which owners or occupants of abutting land,
or other persons have no right or easement, or only a limited right or easement of
access, light, view or air by reason of the fact that their property abuts upon such
limited access facility, or for any other reason to accomplish the purpose of a limited
access facility.
(14) Median means the portion of a divided highway or divided connection separating
vehicular traffic traveling in opposite directions; not including speed change lanes,
storage lanes for left turning or U-turning vehicles, or two way left turn lanes.
(15) Median opening means either a full opening in a continuous median for the specific
purpose of allowing vehicles to make a left turn maneuver into or out of a property
abutting the highway, to facilitate U-turns, or to allow for a vehicle to totally cross
the road, or a directional opening allowing for left turn maneuvers into the property
and U-turn maneuvers, but not allowing for left turns or cross movements out of the
property.
(16) Nonconforming connection means a connection not meeting current department
location, spacing, or design criteria.
(17) Permit means written approval issued by the department, subject to conditions
stated therein, authorizing construction, reconstruction, maintenance, or
reclassification of a state highway connection and associated traffic control devices on
or to the departments right of way.
(18) Permitting authority means the department or any county, municipality, or
transportation authority authorized to regulate access to their respective transportation
systems.
(19) Reasonable access means an access connection that is suitable for the existing
and/or proposed property use and does not adversely affect the safety, operations or
maintenance of the highway system.
(20) Right of way (R/W) means a general term denoting land or interest therein,
acquired for or designated for transportation purposes. More specifically, land in
which the department, a county, or a municipality owns the fee simple title, has an
easement devoted to or required for use as a public road and appurtenant facilities, or
has established ownership by prescriptive right, or lands that have been dedicated for
public transportation purposes.
(21) Shoulder means the portion of the highway contiguous with the traveled lanes for
the accommodation of stopped vehicles for emergency use, and for lateral support of
base and surface courses and for other uses as allowed by law.
(22) State highway system means all roads, streets, and highways designated as state
routes in compliance with chapter 47.17 RCW.
(23) Temporary connection means a permitted connection for a specific property use,
conditioned to be open for a specific purpose and traffic volume for a specific period
of time with the right of way to be restored by the permit holder to its original
condition upon connection closure.

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(24) Variance permit means a special nonconforming or additional connection permit,

issued for a location not normally permitted by current department standards, after
an engineering study demonstrates, to the satisfaction of the department, that the
connection will not adversely affect the safety, maintenance or operation of the state
highway in accordance with its assigned classification. This permit will remain valid
until modified or revoked by the permitting authority.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-020, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-020, filed 6/24/92, effective 7/25/92.]
WAC 468-51-030
General provisions.
(1) When connection permits required. Every owner of property which abuts a state
highway, or has a legal easement to the state highway, where limited access rights
have not been acquired has a right to reasonable access, but may not have the right
to a particular means of access, to the state highway system. The right of access
to the state highway may be restricted if, in compliance with local regulation,
reasonable access to the state highway can be provided by way of another public
road which abuts the property. These public roads shall be of sufficient width and
strength to reasonably handle the traffic type and volumes that would be accessing
that road. All new connections including alterations and improvements to existing
connections to state highways shall require a connection permit. Such permits,
if allowed, shall be issued only after written development approval where such
approval is required, unless other interagency coordination procedures are in effect.
However, the department can provide a letter of intent to issue a connection permit
if that is a requirement of the agency that is responsible for development approval.
The alteration or closure of any existing access connection caused by changes to the
character, intensity of development, or use of the property served by the connection
or the construction of any new access connection shall not begin before a connection
permit is obtained from the department. Use of a new connection at the location
specified in the permit is not authorized until the permit holder constructs or modifies
the connection in accordance with the permit requirements. If a property owner or
permit holder who has a valid connection permit wishes to change the character, use,
or intensity of the property or development served by the connection, the department
must be contacted to determine whether a new connection permit would be required.
(2) Responsibility for other approvals. Connection permits authorize construction
improvements to be built by the permit holder on department right of way. It is the
responsibility of the applicant or permit holder to obtain any other local permits
or other agency approvals that may be required, including satisfaction of all
environmental regulations. It is also the responsibility of the applicant to acquire any
property rights necessary to provide continuity from the applicants property to the
state highway right of way if the applicants property does not abut the right of way,
except where the connection replaces an existing access as a result of department
relocation activity.
(3) Early consultation. In order to expedite the overall permit review process, the
applicant is strongly encouraged to consult with the department prior to and during
the local government subdivision, rezoning, site plan, or any other applicable
predevelopment review process for which a connection permit will be required. The
purpose of the consultation shall be to determine the permit category and to obtain

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a conceptual review of the development site plan and proposed access connections
to the state highway system with respect to department connection location,
quantity, spacing, and design standards. Such consultation will assist the developer
in minimizing problems and delays during the permit application process and could
eliminate the need for costly changes to site plans when unpermittable connection
proposals are identified early in the planning phase. The conceptual review process is
further detailed in WAC 468-51-050.
(4) Cost of construction.
(a) Permit holder. The cost of construction or modification of a connection shall be
the responsibility of the permit holder, including the cost of modification of any
connection required as a result of changes in property site use in accordance
with WAC 468-51-110. However, the permit holder is not responsible for
alterations made at the request of the department that are not required by law or
administrative rule.
(b) Department. Existing permitted connections impacted by the departments
work program and which, in the consideration of the department, necessitate
modification, relocation, or replacement in order to meet current department
connection location, quantity, spacing, and design standards, shall be modified,
relocated, or replaced in kind by the department at no cost to the permit holder.
The cost of further enhancements or modification to the altered, relocated, or
replaced connections requested by the permit holder shall be the responsibility of
the permit holder.
(5) Notification. The department shall notify affected property owners, permit
holders, business owners and/or emergency services, in writing, where
appropriate, whenever the departments work program requires the modification,
relocation, or replacement of their access connections. In addition to written
notification, the department shall facilitate, where appropriate, a public process
which may include, but is not limited to, public notices, meetings or hearings,
and/or individual meetings. The department shall provide the interested parties
with the standards and principles of access management.
(6) Department responsibility. The department has the responsibility to issue permits
and authority to approve, disapprove, and revoke such permits, and to close
connections, with cause.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-030, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-030, filed 6/24/92, effective 7/25/92.]

WAC 468-51-040
Connection categories.
All connections, public or private shall be determined by the department to be in one of
the following categories:
(1) Category I - minimum connection provides connection to the state highway system
for up to ten single family residences, a duplex, or a small multi-family complex
of up to ten dwelling units, which use a common connection. The category shall
also apply to permanent connections to agricultural and forest lands, including field
entrances; connections for the operation, maintenance, and repair of utilities; and
connections serving other low volume traffic generators expected to have an average
weekday vehicle trip ends (AWDVTE) of one hundred or less.

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(2) Category II - minor connection provides connection to the state highway system
for medium volume traffic generators expected to have an AWDVTE of one thousand
five hundred or less, but not included in Category I.
(3) Category III - major connection provides connection to the state highway system
for high volume traffic generators expected to have an AWDVTE exceeding one
thousand five hundred.
(4) Category IV - temporary connection provides a temporary, time limited, connection
to the state highway system for a specific property for a specific use with a specific
traffic volume. Such uses include, but are not limited to, logging, forest land clearing,
temporary agricultural uses, temporary construction, and temporary emergency
access. The department reserves the right to remove any temporary connection at
its sole discretion and at the expense of the property owner after the expiration of
the permit. Further, a temporary connection permit does not bind the department, in
any way, to the future issuance of a permanent connection permit at the temporary
connection location.
(5) Nonconforming connection designation may be issued for Category I through IV
permits after an analysis and determination by the department that a conforming
connection cannot be made and a finding that the denial of a connection would leave
the property without a reasonable means of access to the public road system. In such
instances, the permit shall be noted as nonconforming and contain specific restrictions
and provisions, including limits on the maximum vehicular use of the connection, the
future availability of alternate means of reasonable access for which a conforming
connection permit could be obtained, the removal of the nonconforming connection at
the time the conforming access is available, and other conditions as necessary to carry
out the provisions of chapter 47.50 RCW.
(6) Variance connection means a special nonconforming or additional connection
permit, issued for a location not normally permitted by current department standards,
after an engineering study demonstrates that the connection will not adversely
affect the safety, maintenance or operation of the highway in accordance with its
assigned classification. This permit will remain valid until modified or revoked by the
permitting authority.
(7) Median opening includes openings requested for both new connections and for
existing connections. New median openings proposed as part of a new driveway
connection shall be reviewed as part of the permit application review process.
Request for the construction of new median openings to serve existing permitted
connections shall require a reevaluation of the location, quantity, design of existing
connection, and traffic at the existing connections. The property owner must file a
new connection permit application, for the proper connection category, showing the
new proposed median opening location and design and its relationship to the existing
or modified driveway connections. Nothing contained herein shall be construed to
prohibit the department from closing an existing median opening where operational
or safety reasons require the action. The department shall notify affected property
owners, permit holders and tenants, in writing, thirty days in advance of the closure
of a median opening unless immediate closure is needed for safety or operational
reasons.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-040, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-040, filed 6/24/92, effective 7/25/92.]

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WAC 468-51-050
Conceptual review.
Prior to filing a connection permit application and prior to receipt of development
approval, all permit applicants, but in particular those applying for Category II and
Category III connections, are strongly encouraged to request, in writing, a conceptual
review of the site plan and proposed connection locations with the department and other
local governmental agencies as appropriate. The purpose of the conceptual review is
to expedite the overall review process by establishing the permit category, number,
type, and general location of connections to the property early in the planning stages
of a proposed development or a proposed significant change in property site use, or
to determine that the connection as requested cannot be permitted. The conceptual
review does not constitute final department approval of the location and design of the
connection. If deemed appropriate, especially on the more complex proposals, the
department shall establish the date for a conceptual review meeting to be held within
two weeks of the receipt of the written request unless a later date is requested by the
applicant. If a meeting is scheduled, representatives of the local governmental land use
planning authority will be invited to attend. Within four weeks following the conceptual
review meeting, or receipt of the request if no meeting is scheduled, the department will
provide the applicant written notice of the departments conceptual review findings,
provided all needed information to complete the review has been received from the
applicant. These findings are nonbinding on the department and the developer. Additional
detailed information received during the application process, changes in the proposed
development, or changes in the existing or planned operational characteristics of the
state highway system may necessitate modifications of the connections agreed to in the
conceptual approval. The conceptual review findings can be used by the developer in the
site plan review/approval process with the local government having jurisdiction over the
development as indicating coordination of connection location, quantity, and design with
the department and of preliminary department findings on the proposed connections.
[Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 92-14-044, 468-51-050,
filed 6/24/92, effective 7/25/92.]
WAC 468-51-060
Application requirements and procedures.
This rule shall be used where the department is the permitting authority. Where the local
governmental entity is the permitting authority, the applicable procedures of the local
governmental entity must be followed. If the local governmental entity has no procedures
then this rule may apply.
(1) Connection permit application and information. The appropriate application form
and the application information are available from the designated local department
offices. An application shall consist of the above form; application fee, as specified
in WAC 468-51-070; plans; traffic data; and connection information specified in this
section.
All connection and roadway design documents for Category II and III permits shall
bear the seal and signature of a professional engineer, registered in accordance with
chapter 18.43 RCW.

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(2) Information required - all permits. The following information is required of all
applicants for all permit categories, unless the department determines that specific
information will not be required on individual applications. Additional information
required of Category II, III, and IV permit applications is specified in this chapter. In
all cases it would be prudent, prior to submittal of the application, for the applicant
to inquire of the department whether the application needs additional information.
The department reserves the right to request clarification or additional information
during the application review process. Failure to provide the requested information
within the time limits specified in the request shall result in withdrawal of the permit
application.
(a) Identification and signature of property owner and applicant. The current
complete names, mailing addresses, and telephone numbers of the property
owner(s), the developer(s), the applicant, the transportation and legal consultants
representing the applicant (if any), and the local government representative(s)
responsible for processing the developments approval shall be provided as
part of the application. If the property owner desires to have a representative
sign the application, a notarized letter of authorization from the applicant is to
be provided with the application. When the owner or applicant is a company,
corporation, or other public agency, the name, address, and telephone number of
the responsible officer shall be furnished. The names of all individuals signing
the application and their titles shall be typed or printed directly below the
signature.
(b) Property uses and traffic information. The ultimate planned property uses shall
be indicated in sufficient detail to determine the appropriate permit classification.
Estimated average weekday vehicle trip ends to be generated by the development,
based on the planned property use, consistent with the latest trip generation
information published by the Institute of Transportation Engineers, Washington,
D.C., (ITE) shall be included as appropriate. If local or special trip generation
rates are used, instead of the ITE rates the latest and best information shall be
used and all documentation for the rate development shall be submitted with the
application. For residential developments with ten or fewer units, ten trips per
day per unit may be assumed. The requirement for an average weekday vehicle
trip ends estimate may be waived for agricultural uses where no retail marketing
is proposed.
(c) Site plan. The application shall include a plan to scale, or a schematic drawing
showing critical dimensions (allowable on Category I permits only), the location
of the property, and existing conditions and the character and extent of work
proposed. The location of existing and proposed on-site development with
respect to the existing and proposed driveway location(s) and the highway shall
be shown. Minimum information on the plan shall include:
(i) Road information.
State route number.
County or local road name.
Highway pavement type.
Cross section.
Posted speed limit.

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The existence and location of any existing and/or future proposed public
or private road abutting or entering the property; the horizontal and verti-
cal curvature of the road(s) noting the location of existing and proposed
connections and any other pertinent information.
(ii) Property information.
Location of all existing and proposed buildings, and other structures,
such as gasoline pumps, lights, trees, etc., with respect to the existing and
proposed property and right of way lines.
Any adjacent properties that are owned or controlled by the applicant, or
in which the applicant has a financial interest, and indicate whether these
properties will be accessed by means of the proposed connection(s).
Proof of legal ownership or legal easement.
The application shall include a boundary survey. The requirement for a
boundary survey may be waived for Category I connections, at the discre-
tion of the department.
Any existing or proposed parcels segregated from the applicants property
for separate development also shall be clearly designated on the plan.
(iii) Connection location information.
The proposed connection milepost and highway engineers station, if
available.
Location of the highway centerline with respect to existing and proposed
property lines.
Distance of proposed public or private access connection to intersecting
roads, streets, railroads.
Existing or proposed median openings (crossovers) and connections on
all sides of the state highway and other roads within six hundred sixty feet
of the proposed connection location in urban areas and one thousand three
hundred twenty feet in nonurban (rural) areas.
Location of existing or proposed public or private retaining walls, fences,
poles, sidewalks, bike paths, drainage structures and easements, traffic
control devices, fire hydrants, utilities, or other physical features, such as
trees, landscaping, green belts, and wetlands, that could affect driveway
location.
It shall be the responsibility of the applicant to physically identify the
location of the proposed connection at the proposed site.
(iv) Connection design information.
Proposed connection and approach improvements including its profile ap-
proaching the state highway, width, radii, angle to the highway, auxiliary
pavement.
Existing and proposed grading (or contouring that affects the natural
drainage pattern or runoff impacting the state highway and the proposed
connection).
Drainage calculations and other pertinent data.

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Driveway, auxiliary lanes and crossover pavement design, including sub-

grade, base, surface materials, and thicknesses.
Specific requirements for design information on individual Category I
permit applications may be relaxed, or waived, at the discretion of the
department.
(v) Joint driveway use.
If the driveway is to serve more than one property, the plan shall detail
information for all properties using the connection and the application
shall include copies of legally enforceable agreements of concurrence for
all property owners on joint driveway usage.
Joint driveway use serving adjoining properties is encouraged on all high-
ways and may be required on some highways, in compliance with rules
adopted by the department.
(3) Additional information required, Category II and Category III permits. The
following is a list of additional information that may be required for each phase
of the development from the applicant. Prior to the submittal of the application,
the applicant shall coordinate with the appropriate designated local office of the
department on the level of detail and the analysis techniques to be used.
(a) Circulation plans. All parking, interior drives, and internal traffic circulation
plans.
(b) Connection users. All internal and external adjacent parcels which will use
the requested connection. All existing and proposed connecting roadways
and potential means of alternate access through the final buildout stage of
development shall be shown on the plans submitted with the application.
(c) Traffic control devices and illumination. Proposed traffic control devices and
lighting locations.
(d) Sight distance. Analysis of horizontal and vertical sight distance on the state
highway with respect to the proposed connection.
(e) Traffic data and analysis. Traffic data submitted by the applicant shall be signed
and sealed by a qualified professional engineer, registered in accordance with
chapter 18.43 RCW. The following traffic study information may be required:
(i) Turning movements. Vehicle turning movements for present and future traffic
conditions.
(ii) Volume and type. Amount and type of traffic that will be generated by the
proposed development including a breakdown of anticipated peak hour traffic
and an analysis of the impact on the level of service on the state highway.
(iii) Parking and circulation. Analysis of off-street parking and traffic circulation,
including distances to secondary access points on the connection roadway
and their impact on the operation of the state highway.
(iv) Traffic signal data. If a traffic signal is requested, the following studies may
be required: Traffic signal warrants; phasing and timing analysis; signal
progression analysis; signalization, signing, and lighting plans in compliance
with department standards. A separate department traffic signal permit is
required.

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(v) Off-site improvements. A traffic analysis to determine the need for off-site
related roadway and geometric improvements and mitigation requirements.
(vi) Traffic control plan. A traffic control plan conforming to current department
standards set forth in the Manual on Uniform Traffic Control Devices,
documenting how the permit holder will provide for safe and efficient
movement on the state highway system during the construction of the
connection.
(4) Additional information required, Category IV permits. Permit applications must
contain the specific dates that the connection is to be open and must contain
assurances acceptable to the department that the shoulder, curbing, sidewalks,
bikeways, ditch, right of way, and any other amenities will be restored to their
original condition at the permit holders expense upon closure of the temporary
connection.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-060, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-060, filed 6/24/92, effective 7/25/92.]

WAC 468-51-070
Fees and surety bond.
(1) Fee structure. The following nonrefundable fee structure is established for department
application processing, review, and inspection. Full payment of base fees must
accompany the permit application. Due to the potential complexity of Category II and
Category III connection proposals, and required mitigation measures that may involve
construction on the state highway, the department may require a developer agreement
in addition to the connection permit. The developer agreement may include, but is not
limited to: Plans; specifications; maintenance requirements; bonding requirements;
inspection requirements; division of costs by the parties, where applicable; and
provisions for payment by the applicant of actual costs incurred by the department
in the review and administration of the applicants proposal that exceed the required
base fees in the following schedule:

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(a) Category I base fees for one connection.

Field (agricultural), forest lands,
(i) $ 50
utility operation and maintenance .
Residential dwelling units (up to 10)
(ii) $ 50
utilizing a single connection point
per dwelling unit
(iii) Other, with 100 AWDVTE or less . $ 500
(iv) Fee per additional connection point. $ 50
(b) Category II base fees for one connection.
(i) Less than 1,000 AWDVTE $ 1,000
(ii) 1,000 to 1,500 AWDVTE $ 1,500
(iii) Fee per additional connection point $ 250
(c) Category III base fees for one connection.
(i) 1,500 to 2,500 AWDVTE $ 2,500
(ii) Over 2,500 AWDVTE $ 4,000
(iii) Fee per additional connection point $ 1,000
(d) Category IV base fee per connection $ 100

(2) Surety bond. Prior to the beginning of construction of any connection, the department
may require the permit holder to provide a surety bond as specified in WAC 468-34-
020(3).
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-070, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-070, filed 6/24/92, effective 7/25/92.]
WAC 468-51-080
Application submittal, review, conditions.
(1) Application submittal. The application shall be submitted to the designated local
department office serving the area. The application shall be properly prepared, clearly
completed, and signed. Information on the specific number of copies to be provided
and other submittal information is available from the designated local department
office.
(2) Application review, processing, and approval. Upon receipt of the application, the
application shall be reviewed consistent with the provisions of this chapter. If the
department identifies errors in the application or if additional information is required,
the department will notify the applicant. Applicants must provide such information
or correct errors within thirty days of the notification. If the applicant determines that
the time to provide additional or corrected information is insufficient, the applicant
shall contact the department in writing to request additional time be approved. If the
additional or corrected information has not been received by the department within
thirty days or the approved time period agreed to, the application will be withdrawn.

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(a) Review. Upon timely receipt of all required information, or upon expiration of
the time period for receipt of additional or corrected information, the location
and design of the connection shall be examined for consistency with current
department location, quantity, spacing, classifications, and department design
standards. The review shall also include an analysis of the impact of the sites
existing and projected traffic on the operation and safety of the state highway.
(b) Concurrence or denial, notice. If the department concurs in the location and
design of the proposed connection, written notification of that concurrence will
be sent to the applicant and to the local governmental land use planning authority
having jurisdiction over the development. If the applicant has gone through the
voluntary conceptual review process, the written notice of concurrence will
indicate whether or not there have been any changes in the number, location,
or design of the connection required by the department. No construction may
commence on the departments right of way until all necessary department and
local governmental permits are issued in accordance with (c) of this subsection.
If the department does not concur in the connection location, quantity, or design,
both the applicant and the local governmental land use planning authority
having jurisdiction over the development approval shall be notified, in writing,
indicating the departments intent to deny the connection as proposed in the
application. The written notification shall state the specific reasons for the intent
to deny the connection, the process for submitting an amended application, and
the appeal rights of the applicant. The applicant may submit a revised application
within thirty days based on department comments and concerns as stated in the
notification. The submittal of a revised application within thirty days shall not
require the payment of any additional application fees. Submittal of a revised
permit is not a prerequisite for a request for an adjudicative proceeding in
compliance with WAC 468-51-150.
(c) Permit issuance. The department shall issue the connection permit after
review and concurrence that the application and the location and design of the
connection comply with the requirements of this chapter, and after either:
(i) The applicant has received development approval from the appropriate local
governmental land use planning authority; or
(ii) Other interagency coordination procedures in effect are satisfied for
development approval by the local governmental land use planning authority.
The department shall provide the applicant with the connection permit for
signature, and the applicant shall sign and return the permit to the department
within thirty days after the mailing date. If the department does not receive
the signed permit back from the applicant within thirty days after the
mailing date or within an agreed upon time, the permit will be void and the
application fee will be forfeited. The permit is not valid and construction on
the access cannot begin without a completed permit that is signed by both the
department and the applicant.
Additionally, the applicant must be in compliance with the surety bond
requirements specified in the permit prior to construction, in compliance with
WAC 468-51-070.
(d) Request for adjudicative proceedings. In the event of a denial of a connection
permit as proposed in the application, the applicant may apply for an adjudicative
proceeding in compliance with WAC 468-51-150.

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(3) Permit conditions. Any special requirements or provisions for the connection
including off-site mitigation shall be clearly and specifically identified as
part of the permit. Failure by the applicant or permit holder to abide by the
permit provisions shall be sufficient cause for the department to initiate action
to alter the connection or to revoke the permit and close the connection at
the expense of the permit holder. The permit requirements shall be binding
on the permit holder, the permit holders successors, heirs and assigns, the
permit application signatories, and all future owners and occupants of the
property. The applicant may challenge the permit conditions by applying for
an adjudicative proceeding in compliance with WAC 468-51-150.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-080, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-080, filed 6/24/92, effective 7/25/92.]

WAC 468-51-090
Construction requirements.
(1) Preconstruction conference. The department may require a preconstruction
conference prior to any work being performed on the departments right of
way. When required by provisions in the permit, the department will schedule a
preconstruction conference. The preconstruction conference should be attended by the
necessary personnel to assure compliance with the terms and provisions of the permit.
(2) Time limit. Substantial construction of the connection shall begin within ninety days
of the effective date of the permit, unless a longer time is approved by the department
or a time extension is requested by the applicant and approved by the department.
Construction shall be completed within one hundred twenty days of the date of
issuance of the permit, unless a time extension is approved by the department. As a
condition of the permit, the department may further limit construction time, if the
department determines that such limitation is warranted. Failure to comply with the
time limits specified in the permit shall result in an automatic expiration of the permit
following written notification to the permit holder. For any permit which expires for
failure to begin construction or to complete construction within the specified time
limits, the department may require a new application, including the payment of the
required application fee prior to the initiation of any construction.
(3) Posting of permit. The approved connection permit shall be displayed in a
prominent location, protected from the weather, within the vicinity of the connection
construction.
(4) Disruption of traffic. All construction and/or maintenance within department right
of way shall conform to the provisions of the connection permit, the Manual on
Uniform Traffic Control Devices (MUTCD); the departments current Design
Manual, and the current Standard Specifications for Road, Bridge, and Municipal
Construction. The department may require or restrict hours of construction to
minimize disruption of traffic on the state highway system. If construction activity
within the departments right of way causes undue disruption of traffic or creates
safety hazards on a state highway, or if the construction activity is not in compliance
with the traffic control specifications in the permit, the department shall advise the
permit holder or the permit holders contractor of the need for immediate corrective
action, and may order immediate suspension of all or part of the work if deemed
necessary. Failure to comply with this provision may result in permit modification or
revocation.

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(5) Traffic signals and other traffic control devices. Traffic signals and other traffic
control devices installed by the permit holder shall conform to MUTCD and
department design and construction standards. The permit holder is responsible for
securing any state and local permits needed for traffic signalization and regulatory
signing and marking.
(6) Connection construction inspection. For Category II and Category III connections,
the department may require the permit holder, the developer, or landowner to
provide inspection of construction and certification that connection construction
is in accordance with permit provisions and appropriate department standards by
a professional engineer, registered in accordance with chapter 18.43 RCW, or the
department may do the inspection at the applicants expense, as provided in the
developer agreement.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-090, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-090, filed 6/24/92, effective 7/25/92.]

WAC 468-51-100
Nonconforming connection permits.
The department may issue a permit for a connection not meeting department location and
spacing criteria standards if it finds that a conforming connection is not attainable at the
time of the permit application submittal and that denial would leave the property without
a reasonable access to the public road system. The department may issue a connection
permit requiring a legally enforceable joint-use connection when determined to be in the
best interest of the state for restoring or maintaining the operational efficiency and safety
of the state highway. Nonconforming connection permits shall specify conditions or
limits including:
(1) Traffic volume. The maximum vehicular usage of the connection shall be specified in
the permit.
(2) Future alternate access. The permit shall specify that a conforming connection be
constructed when future alternate means of access become available, and that the
nonconforming connection be removed.
(3) Users. The permit shall specify the properties to be served by the connection; and any
other conditions as necessary to carry out the provisions of chapter 47.50 RCW.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-100, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-100, filed 6/24/92, effective 7/25/92.]
WAC 468-51-105
Variance connection permits.
Variance permits may be issued, at the discretion of the department, for certain
connections not meeting the access classification location and spacing or that exceed
the number of connections allowed by the standards adopted for a particular highway
segment. These permits may be allowed if conditions warrant and are demonstrated to
the satisfaction of the department by a traffic analysis, signed and sealed by a qualified
professional engineer who is registered in accordance with chapter 18.43 RCW, which is
included with the connection permit application. The variance permit will remain in effect
unless a new permit is required due to changes in property site use in compliance with
WAC 468-51-110 or unless permit modification, revocation, or closure of the variance
permitted connection is required as provided for in WAC 468-51-120. The department

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may issue a connection permit requiring a legally enforceable joint-use connection when
it is determined to be in the best interest of the state for restoring or maintaining the
operational efficiency and safety of the state highway. Variance connection permits shall
specify conditions or limits including, but not limited to:
(1) Traffic volume. The maximum vehicular usage of the connection shall be specified in
the permit.
(2) Users. The permit shall specify the properties to be served by the connection, and any
other conditions as necessary to carry out the provisions of chapter 47.50 RCW.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-105, filed
2/25/99, effective 3/28/99.]

WAC 468-51-110
Changes in property site use.
The connection permit is issued to the permit holder for a particular type of land use
generating specific projected traffic volumes at the final stage of proposed development.
Any changes made in the use, intensity of development, type of traffic, or traffic flow of
the property requires the permit holder, his or her assignee, or property owner to contact
the department to determine if further analysis is needed to determine if the change is
significant and would require a new permit and modifications to the connection. An
engineering study, signed and sealed by a professional engineer registered in accordance
with chapter 18.43 RCW, may be required to document the extent of the change. If
modification of the existing connection is required, based on a significant change as
determined by the department, the permit holder, his or her assignee, or the property
owner shall obtain a new permit prior to the initiation of any on-site construction to the
connection or to the property.
(1) Significant change. A significant change is one that would cause a change in the
category of the connection permit or one that causes an operational, safety, or
maintenance problem on the state highway system based on objective engineering
criteria or available accident data. Such data shall be provided to the property owner
and/or permit holder and tenant upon written request.
(2) Notification. Failure to contact the department to determine the need for connection
modifications or to apply for a new permit for such modifications prior to initiation
of property improvements, land use changes or traffic flow alteration actions shall
result in notification to the property owner and/or permit holder and tenant of intent to
revoke the existing permit and closure of the connection to the property.
(3) Costs. The permit holder is responsible for all costs associated with connection
removal, relocation, or modification caused by increased or altered traffic flows
necessitated by changes to facilities, use, or to the nature of the business on the
property.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-110, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-110, filed 6/24/92, effective 7/25/92.]

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WAC 468-51-120
Permit modification, revocation, closure of permitted connections.
(1) Revocation criteria. All connection permits issued by the department prior to the
effective date of this chapter remain valid until revoked. The department may initiate
an action to revoke any permit if significant changes have occurred in the use, design,
or traffic flow of the property or of the state highway, requiring the relocation,
alteration, or closure of the connection; if the connection was not constructed at the
location or to the design specified in the permit; if the permit provisions were not
met; or if the connection causes a safety, maintenance, or operational problem on the
state highway system. The process to be followed by the department in the revocation
of permits shall be consistent with the requirements of chapter 34.05 RCW and WAC
468-51-150. The notification process is as follows:
(a) Notification, correction of deficiencies. The department shall serve notice, in
accordance with rules adopted in compliance with chapter 34.05 RCW, to the
permit holder, permit holders successors or assigns, or property owner with a
copy to the occupant, for any connection found to be in noncompliance with
the conditions of the permit or this chapter. The notice will identify and request
that the deficiencies be corrected within thirty days of service of the notice. The
notice shall further advise that the departments determination of noncompliance
or deficiencies shall become final and conclusive thirty calendar days following
service of the notice unless the violations are corrected or an adjudicative
proceeding in compliance with chapter 34.05 RCW and WAC 468-51-150
is requested by the permit holder, permit holders successor or assigns, or the
property owner.
(2) Costs. The permit holder, permit holders successor or assignee, or property owner
shall be responsible for the costs of closure due to revocation of a connection permit
in compliance with WAC 468-51-120 except when the closure is required by
changes to the state highway.
(3) Emergency action. This chapter shall not restrict the departments right to take
immediate remedial action, including the closure of a connection if there is an
immediate and serious danger to the public health, safety, and welfare, in compliance
with chapter 47.32 RCW. In such event, the department shall conform to the
provisions for emergency adjudicative proceedings in RCW 34.05.479 and rules
adopted thereunder.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-120, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-120, filed 6/24/92, effective 7/25/92.]

WAC 468-51-130
Closure of unpermitted connections.
Closure criteria, permit requirements. Any unpermitted connections to the state highway
system which were in existence and in active use consistent with the type of connection
on July 1, 1990, shall not require the issuance of a permit and may continue to provide
connection to the state highway system, unless the property owner had received written
notification initiating connection closure from the department prior to July 1, 1990,
or unless the department determines that the unpermitted connection does not meet
minimum acceptable standards of highway safety and mobility based on accident and/or
traffic data or accepted traffic engineering criteria, a copy of which must be provided to
the property owner and/or permit holder and tenant upon written request. The department
may require that a permit be obtained if a significant change occurs in the use, design,
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Highway Access Management - Administrative Process

or traffic flow of the connection or of the state highway. If a permit is not obtained, the
department may initiate action to close the unpermitted connection point in compliance
with RCW 47.50.040. Any unpermitted connection opened subsequent to July 1, 1990,
is subject to closure by the department. The process to be followed by the department in
the closure of an unpermitted connection shall be consistent with chapter 34.05 RCW and
rules adopted thereunder. The notification process is as follows:
(1) Notification. The department shall serve notice, in accordance with rules adopted in
compliance with chapter 34.05 RCW, upon the property owner of a connection to a
state highway which is found by the department to be unpermitted. This notice shall
clearly describe the highway connection violation and shall establish a thirty-day
time limit for either applying for a connection permit or requesting an adjudicative
proceeding in compliance with chapter 34.05 RCW. The notice will further advise
the property owner that failure to act in either of the prescribed ways within the time
period will result in department closure of the unpermitted connection.
(2) Permit application. If a permit application is filed within the thirty days, and the
application is denied, the department shall notify the property owner of the denial.
The property owner may then proceed with the permit application revision process
set forth in WAC 468-51-080 or request an adjudicative proceeding in compliance
with WAC 468-51-150 within thirty days. Failure to act in either of those prescribed
ways within the time period set forth in the rules will result in department closure of
the unpermitted connection. If the location and design of the connection in the permit
application are acceptable to the department, the existing connection may continue to
be used for a specified period of time or until the connection specified in the permit
application is constructed.
(3) Approval conditions. Modifications, relocation, or closure of unpermitted connections
may be required by the department as a requirement of permit approval, subject to the
adjudicative proceedings provisions of WAC 468-51-150.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-130, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-130, filed 6/24/92, effective 7/25/92.]

WAC 468-51-140
Department construction projects.
During construction of department projects, connections will be provided as replacements
for existing approved permitted connections, that are consistent with all current
department spacing, location, and design standards, based on the following conditions:
(1) Nonconforming connections. All nonconforming connections will be examined to
determine if the construction project will require relocation, alteration, or closure of
the connection to make it conforming.
(2) Application of current standards. The number and location of connections shall
be modified to the maximum extent possible to meet current department spacing,
location, and design standards. Where current department standards cannot be met,
the connection shall be classified as nonconforming.
(3) New connections, modifications. The department shall allow new or require
modification of existing connections if a connection permit application is made and
approved.

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(4) Replacement of existing connections. When connections are made as part of a

department construction project replacing existing connection points without material
differences, no additional permit shall be required. Costs shall be borne by the
department.
(5) New connections -- Cost. The construction of new connection points, if approved
by the department, shall be done at the owners expense by either the departments
contractor as part of the roadway improvement or by the owners contractor at the
departments option.
(6) Modifications -- Cost. If the modification of the connection point, that are based on
the owners request, is more extensive than the routine replacement of an existing
connection, the owner shall also participate in the differential cost.
(7) Work by permit holders contractor. The department shall require that work done
by the owners contractor be accomplished at the completion of the departments
contract or be scheduled so as not to interfere with the departments contractor.
The department may require a surety bond prior to construction of the connection
in accordance with WAC 468-51-070. When the number, location or design of
existing access connections to the state highway are being modified by a department
construction project, the resulting modified access connections shall provide the same
general functionality for the existing property use as they did before the modification,
taking into consideration the existing site design, normal vehicle types, and traffic
circulation requirements.
Notification. The department shall notify affected property owners, permit holders,
business owners and/or emergency services, in writing, where appropriate, whenever
the departments work program requires the modification, relocation, or replacement
of their access connections. In addition to written notification, the department shall
facilitate, where appropriate, a public process which may include, but is not limited
to, public notices, meetings or hearings, and/or individual meetings. The department
shall provide the interested parties with the standards and principles of access
management.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-140, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-140, filed 6/24/92, effective 7/25/92.]
WAC 468-51-150
Adjudicative proceedings.
(1) Application. Any person who has standing to challenge the denial of a permit
application in compliance with WAC 468-51-080; a permit with conditions in
compliance with WAC 468-51-080; a notice of permit modification, revocation, or
closure of permitted connection in compliance with WAC 468-51-120; or notice of
closure of an unpermitted connection in compliance with WAC 468-51-130 may
apply for an adjudicative proceeding on the matter in compliance with chapter 34.05
RCW, rules adopted thereunder, and department rules within thirty days of the date
the initial determination of the department is sent by certified mail.
(2) Conduct. Thereafter, and within the times set forth by chapter 34.05 RCW, rules
adopted thereunder, and department rules, the department shall convene an
adjudicative proceeding. The proceeding shall be conducted in compliance with
chapter 34.05 RCW, rules adopted thereunder, and department rules.
(3) Failure to apply. Failure to apply for an adjudicative proceeding within the times set
forth in subsection (1) of this section shall result in the adoption of the departments
initial determination as its final determination.
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(4) Failure to participate. Failure to attend or otherwise participate in an adjudicative

proceeding may result in a finding of default.
(5) Reasonableness of access. The department in its regulation of connections in
compliance with chapter 47.50 RCW and these regulations shall allow reasonable
access. If the departments final order denies reasonable access, the appellant shall be
entitled to just compensation in compliance with RCW 47.50.010(5). Access which is
not reasonable is not compensable.
[Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order 187), 468-51-150, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
92-14-044, 468-51-150, filed 6/24/92, effective 7/25/92.]

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 Highway Access Manageement-Access Control
Classification System and Standards
Highway Access Management
Access ControlClassification
Appendix 14 System and Standards

Chapter 468-52 WAC

HIGHWAY ACCESS MANAGEMENT--
ACCESS CONTROL CLASSIFICATION
SYSTEM AND STANDARDS
Last Update: 2/25/99

WAC SECTIONS
468-52-010 Purpose.
468-52-020 Definitions.
468-52-030 General.
468-52-040 Access control classification system and standards.
468-52-050 Application of access control classifications system standards.
468-52-060 Assignment of access control classifications to highway segments.
468-52-070 Review and modification of classifications.

WAC 468-52-010
Purpose.
This chapter is adopted in accordance with chapter 47.50 RCW for the implementation
of an access control classification system and standards for the regulation and control of
vehicular ingress to, and egress from the state highway system.
[Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW. 93-03-033 (Order 135),
468-52-010, filed 1/13/93, effective 2/13/93.]

WAC 468-52-020
Definitions.
For the purposes of this chapter, the following definitions of the terms shall apply unless
the context clearly indicates otherwise:
(1) Average daily traffic (ADT) means the volume of traffic passing a point or segment
of a highway, in both directions, during a period of time, divided by the number
of days in the period and factored to represent an estimate of traffic volume for an
average day of the year.
(2) Conforming connection means a connection that meets current department location,
spacing, and design criteria.
(3) Connection means approaches, driveways, turnouts, or other means of providing
for the right of access to or from controlled access facilities on the state highway
system.
(4) Connection permit means a written authorization given by the department for a
specifically designed connection to the state highway system at a specific location for
a specific type and intensity of property use and specific volume of traffic for

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Highway Access Manageement-Access Control
Classification System and Standards

the proposed connection, based on the final stage of proposed development of the
applicants property. The actual form used for this authorization will be determined
by the department.
(5) Contiguous parcels means two or more pieces of real property under the same
ownership with one or more boundaries that touch and have similarity of use.
(6) Controlled access facility means a transportation facility (excluding limited
access facilities as defined in chapter 47.52 RCW) to which access is regulated by
the governmental entity having jurisdiction over the facility. Owners or occupants
of abutting lands and other persons have a right of access to and from such facility
at such points only and in such manner as may be determined by the governmental
entity.
(7) Corner clearance means the distance from an intersection of a public or private road
to the nearest connection along a controlled access facility. This distance is measured
from the closest edge of the traveled way of the intersecting road to the closest edge
of the traveled way of the connection measured along the traveled way (through
lanes).
(8) Department means the Washington state department of transportation.
(9) Governmental entity means, for the purpose of this chapter, a unit of local
government or officially designated transportation authority that has the responsibility
for planning, construction, operation, maintenance, or jurisdiction over transportation
facilities.
(10) Intersection means an at grade connection on a state highway with a road or street
duly established as a public road or public street by the local governmental entity.
(11) Joint use connection means a single connection point that serves as a connection to
more than one property or development, including those in different ownerships or in
which access rights are provided in the legal descriptions.
(12) Limited access facility means a highway or street especially designed or designated
for through traffic, and over, from, or to which owners or occupants of abutting land,
or other persons have no right or easement, or only a limited right or easement of
access, light, view, or air by reason of the fact that their property abuts upon such
limited access facility, or for any other reason to accomplish the purpose of a limited
access facility.
(13) Nonconforming connection means a connection not meeting current department
location, spacing, or design criteria.
(14) Permit means written approval issued by the department, subject to conditions
stated therein, authorizing construction, reconstruction, maintenance, or
reclassification of a state highway connection and associated traffic control devices on
or to the departments right of way.
(15) Permitting authority means the department or any county, municipality, or
transportation authority authorized to regulate access to their respective transportation
systems.
(16) State highway system means all roads, streets, and highways designated as state
routes in compliance with chapter 47.17 RCW.
(17) Reasonable access means an access connection that is suitable for the existing
and/or proposed property use and does not adversely affect the safety, operations or
maintenance of the state highway system.
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(18) Variance permit means a special nonconforming or additional connection permit,

issued for a location not normally permitted by current department standards, after
an engineering study demonstrates, to the satisfaction of the department, that the
connection will not adversely affect the safety, maintenance or operation of the
highway in accordance with its assigned classification. This permit will remain valid
until modified or revoked by the permitting authority.
[Statutory Authority: Chapter 47.50 RCW. 99-06-035 (Order 188), 468-52-020, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
93-03-033 (Order 135), 468-52-020, filed 1/13/93, effective 2/13/93.]

WAC 468-52-030
General.
The connection and intersection spacing distances specified in this chapter are minimums.
Greater distances may be required by the department on individual permits issued in
accordance with chapter 468-51 WAC to provide desirable traffic operational and safety
characteristics. If greater distances are required, the department will document, as part
of the response to a connection permit application in compliance with chapter 468-51
WAC, the reasons, based on traffic engineering principles, that such greater distances
are required. Nonconforming permits may be issued in accordance with chapter 468-51
WAC allowing for less than minimum spacing where no other reasonable access exists,
or a variance connection permit may be issued where it can be substantiated by a traffic
analysis, to the satisfaction of the department, through the permit application process
that allowing less than the minimum spacing or more than the maximum number of
connections, would not adversely affect the desired function of the state highway in
accordance with the assigned access classification, and would not adversely affect the
safety, maintenance or operation of the state highway.
[Statutory Authority: Chapter 47.50 RCW. 99-06-035 (Order 188), 468-52-030, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
93-03-033 (Order 135), 468-52-030, filed 1/13/93, effective 2/13/93.]
WAC 468-52-040
Access control classification system and standards.

This section provides an access control classification system consisting of five classes.
The functional characteristics and the access control design standards for each class
are described. The classes are arranged from the most restrictive, class one, to the least
restrictive, class five. This access control classification system does not include highways
or portions thereof that have been established as limited access highways in compliance
with chapter 47.52 RCW. For state highways that are planned for the establishment of
limited access control in accordance with the Master Plan for Limited Access Highways,
an access control classification will be assigned to each highway segment to remain in
effect until such time that the facility is established as a limited access facility.
On all access classes, property access shall be located and designed to minimize
interference with transit facilities and/or high occupancy vehicle (HOV) facilities on
state highways where such facilities exist or where such facilities are proposed in a state,
regional, metropolitan, or local transportation plan. In such cases, if reasonable access is
available from the general street system, primary property access shall be provided from
the general street system rather than from the state highway.

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(1) Class one.

(a) Functional characteristics:
These highways have the capacity for safe and efficient high speed and/or
high volume traffic movements, providing for interstate, interregional, and
intercity travel needs and some intracity travel needs. Service to abutting land is
subordinate to providing service to major traffic movements. Highways in this
class are typically distinguished by a highly controlled, limited number of public
and private connections, restrictive medians with limited median openings on
multilane facilities, and infrequent traffic signals.
(b) Access control design standards:
(i) It is the intent that the design of class one highways be generally capable
of achieving a posted speed limit of fifty to sixty-five mph. Spacing of
intersecting streets, roads, and highways shall be planned with a minimum
spacing of one mile. One-half mile spacing may be permitted, but only when
no reasonable alternative access exists.
(ii) Private direct access to the state highway shall not be permitted except when
the property has no other reasonable access to the general street system. The
following standards will be applied when direct access must be provided:
(A) The access connection shall continue until such time that other reasonable
access to a highway with a less restrictive access control classification or
access to the general street system becomes available and is permitted.
(B) The minimum distance to another public or private access connection
shall be one thousand three hundred twenty feet. Nonconforming connec-
tion permits may be issued to provide access to parcels whose highway
frontage, topography, or location would otherwise preclude issuance of a
conforming connection permit; however, variance permits are not al-
lowed. No more than one connection shall be provided to an individual
parcel or to contiguous parcels under the same ownership.
(C) All private direct access shall be for right turns only on multilane facili-
ties, unless special conditions warrant and are documented by a traffic
analysis in the connection permit application, signed and sealed by a
qualified professional engineer, registered in accordance with chapter
18.43 RCW.
(D) No additional access connections to the state highway shall be provided
for newly created parcels resulting from property divisions. All access
for such parcels shall be provided by internal road networks. Access to
the state highway will be at existing permitted connection locations or at
revised connection locations, as conditions warrant.
(iii) A restrictive median shall be provided on multilane facilities to separate
opposing traffic movements and to prevent unauthorized turning movements.
(2) Class two.
(a) Functional characteristics:

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These highways have the capacity for medium to high speeds and medium to
high volume traffic movements over medium and long distances in a safe and
efficient manner, providing for interregional, intercity, and intracity travel needs.
Direct access service to abutting land is subordinate to providing service to
traffic movement. Highways in this class are typically distinguished by existing
or planned restrictive medians, where multilane facilities are warranted, and
minimum distances between public and private connections.
(b) Access control design standards:
(i) It is the intent that the design of class two highways be generally capable of
achieving a posted speed limit of thirty-five to fifty mph in urbanized areas
and forty-five to fifty-five mph in rural areas. Spacing of intersecting streets,
roads, and highways shall be planned with a minimum spacing of one-half
mile. Less than one-half mile intersection spacing may be permitted, but only
when no reasonable alternative access exists. In urban areas and developing
areas where higher volumes are present or growth that will require
signalization is expected in the foreseeable future, it is imperative that the
location of any public access be planned carefully to ensure adequate signal
progression. Addition of all new connections, public or private, that may
require signalization will require an engineering analysis signed and sealed
by a qualified professional engineer, registered in accordance with chapter
18.43 RCW.
(ii) Private direct access to the state highway system shall be permitted only
when the property has no other reasonable access to the general street system
or if access to the general street system would cause traffic operational
conditions or safety concerns unacceptable to the local governmental entity.
When direct access must be provided, the following conditions shall apply
(A) The access connection shall continue until such time that other reasonable
access to a highway with a less restrictive access control classification or
acceptable access to the general street system becomes available and is
permitted.
(B) The minimum distance to another public or private access connection
shall be six hundred sixty feet. Nonconforming connection permits may
be issued to provide access to parcels whose highway frontage, topog-
raphy, or location would otherwise preclude issuance of a conforming
connection permit. No more than one connection shall be provided to
an individual parcel or to contiguous parcels under the same ownership
unless the highway frontage exceeds one thousand three hundred twenty
feet and it can be shown that the additional access would not adversely
affect the desired function of the state highway in accordance with the as-
signed access classification, and would not adversely affect the safety or
operation of the state highway.
(C) Variance permits may be allowed if conditions warrant and are demon-
strated to the satisfaction of the department by a traffic analysis, signed
and sealed by a qualified professional engineer, who is registered in ac-
cordance with chapter 18.43 RCW, which is included with the connection
permit application.

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(D) All private direct access shall be for right turns only on multilane fa-
cilities, unless special conditions warrant and are demonstrated, to the
satisfaction of the department, by a traffic analysis, signed and sealed by
a qualified professional engineer, who is registered in accordance with
chapter 18.43 RCW, included with the connection permit application and
only if left turn channelization is provided.
(E) No additional access connections to the state highway shall be provided
for newly created parcels resulting from property divisions. All access
for such parcels shall be provided by internal road networks. Access to
the state highway will be at existing permitted connection locations or at
revised connection locations, as conditions warrant.
(iii) On multilane facilities a restrictive median shall be provided to separate
opposing traffic movements and to prevent unauthorized turning movements;
however, a nonrestrictive median or a two way left turn lane may be used
when special conditions exist and mainline volumes are below 20,000 ADT.
(3) Class three.
(a) Functional characteristics:
These highways have the capacity for moderate travel speeds and moderate
traffic volumes for medium and short travel distances providing for intercity,
intracity, and intercommunity travel needs. There is a reasonable balance between
direct access and mobility needs for highways in this class. This class is to be
used primarily where the existing level of development of the adjoining land is
less intensive than maximum buildout and where the probability of significant
land use change and increased traffic demand is high. Highways in this class are
typically distinguished by planned restrictive medians, where multilane facilities
are warranted, and minimum distances between public and private connections.
Two-way left-turn-lanes may be utilized where special conditions warrant and
mainline traffic volumes are below 25,000 ADT. Development of properties with
internal road networks and joint access connections are encouraged.
(b) Access control design standards:
(i) It is the intent that the design of class three highways be generally capable
of achieving a posted speed limit of thirty to forty mph in urbanized areas
and forty-five to fifty-five mph in rural areas. In rural areas, spacing of
intersecting streets, roads, and highways shall be planned with a minimum
spacing of one-half mile. Less than one-half mile intersection spacing may
be permitted, but only when no reasonable alternative access exists. In urban
areas and developing areas where higher volumes are present or growth that
will require signalization is expected in the foreseeable future, it is imperative
that the location of any public access be planned carefully to ensure adequate
signal progression. Where feasible, major intersecting roadways that may
ultimately require signalization shall be planned with a minimum of one-half
mile spacing. Addition of all new connections, public or private, that may
require signalization will require an engineering analysis signed and sealed
by a qualified professional engineer, registered in accordance with chapter
18.43 RCW.

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(ii) Private direct access:

(A) No more than one access shall be provided to an individual parcel or to
contiguous parcels under the same ownership unless it can be shown that
additional access points would not adversely affect the desired function
of the state highway in accordance with the assigned access classifica-
tion, and would not adversely affect the safety or operation, of the state
highway.
(B) The minimum distance to another public or private access connection
shall be three hundred thirty feet. Nonconforming connection permits
may be issued to provide access to parcels whose highway frontage, to-
pography, or location would otherwise preclude issuance of a conforming
connection permit.
(C) Variance permits may be allowed if conditions warrant and are demon-
strated to the satisfaction of the department by a traffic analysis, signed
and sealed by a qualified professional engineer, who is registered in ac-
cordance with chapter 18.43 RCW, which is included with the connection
permit application.
(4) Class four.
(a) Functional characteristics:
These highways have the capacity for moderate travel speeds and moderate
traffic volumes for medium and short travel distances providing for intercity,
intracity, and intercommunity travel needs. There is a reasonable balance
between direct access and mobility needs for highways in this class. This class
is to be used primarily where the existing level of development of the adjoining
land is more intensive and where the probability of major land use changes is
less probable than on class three highway segments. Highways in this class are
typically distinguished by existing or planned nonrestrictive medians. Restrictive
medians may be used as operational conditions warrant to mitigate turning,
weaving, and crossing conflicts. Minimum connection spacing standards should
be applied if adjoining properties are redeveloped.
(b) Access control design standards:
(i) It is the intent that the design of class four highways be generally capable
of achieving a posted speed limit of thirty to thirty-five mph in urbanized
areas and thirty-five to forty-five mph in rural areas. In rural areas, spacing
of intersecting streets, roads, and highways shall be planned with a minimum
spacing of one-half mile. Less than one-half mile intersection spacing may
be permitted, but only when no reasonable alternative access exists. In urban
areas and developing areas where higher volumes are present or growth that
will require signalization is expected in the foreseeable future, it is imperative
that the location of any public access be planned carefully to ensure adequate
signal progression. Where feasible, major intersecting roadways that may
ultimately require signalization shall be planned with a minimum of one-half
mile spacing. Addition of all new connections, public or private, that may
require signalization will require an engineering analysis signed and sealed
by a qualified professional engineer, registered in accordance with chapter
18.43 RCW.

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Classification System and Standards

(ii) Private direct access:

(A) No more than one access shall be provided to an individual parcel or to
contiguous parcels under the same ownership unless it can be shown that
additional access points would not adversely affect the desired function
of the state highway in accordance with the assigned access classification,
and would not adversely affect the safety or operation of the state high-
way.
(B) The minimum distance to another public or private access connection
shall be two hundred fifty feet. Nonconforming connection permits may
be issued to provide access to parcels whose highway frontage, topog-
raphy, or location would otherwise preclude issuance of a conforming
connection permit.
(C) Variance permits may be allowed if conditions warrant and are demon-
strated to the satisfaction of the department by a traffic analysis, signed
and sealed by a qualified professional engineer, who is registered in ac-
cordance with chapter 18.43 RCW, which is included with the connection
permit application.
(5) Class five.
(a) Functional characteristics:
These highways have the capacity for moderate travel speeds and moderate
traffic volumes for primarily short travel distances providing for intracity
and intracommunity trips primarily for access to state highways of higher
classification. Access needs may generally be higher than the need for through
traffic mobility without compromising the public health, welfare, or safety. These
highways will generally have nonrestrictive medians.
(b) Access control design standards:
(i) It is the intent that the design of class five highways be capable of achieving
a posted speed limit of twenty-five to thirty-five mph. In rural areas, spacing
of intersecting streets, roads, and highways shall be planned with a minimum
spacing of one-quarter mile. Less than one-quarter mile spacing may be
permitted where no reasonable alternative exists. In urban areas and developing
areas where higher volumes are present or growth that will require signalization
is expected in the foreseeable future, it is imperative that the location of any
public access be planned carefully to ensure adequate signal progression. Where
feasible, major intersecting roadways that may ultimately require signalization
shall be planned with a minimum of one-quarter mile spacing. Addition of all
new connections, public or private, that may require signalization will require
an engineering analysis signed and sealed by a qualified professional engineer,
registered in accordance with chapter 18.43 RCW.
(ii) Private direct access:
(A) No more than one access shall be provided to an individual parcel or to
contiguous parcels under the same ownership unless it can be shown that
additional access points would not adversely affect the desired function
of the state highway in accordance with the assigned access classification,
and would not adversely affect the safety or operation of the state
highway.

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(B) The minimum distance to another public or private access connection

shall be one hundred twenty-five feet. Nonconforming connection permits
may be issued to provide access to parcels whose highway frontage, to-
pography, or location would otherwise preclude issuance of a conforming
connection permit.
(C) Variance permits may be allowed if conditions warrant and are demon-
strated to the satisfaction of the department by a traffic analysis, signed
and sealed by a qualified professional engineer, who is registered in ac-
cordance with chapter 18.43 RCW, which is included with the connection
permit application.
(6) Corner clearance. Corner clearances for connections shall meet or exceed the
minimum connection spacing requirements of the applicable access class where the
highway segment has been assigned a classification. A single connection may be
placed closer to the intersection, in compliance with the permit application process
specified in chapter 468-51 WAC, and in accordance with the following criteria:
(a) If, due to property size, corner clearance standards of this chapter cannot
be met, and where joint access meeting or exceeding the minimum corner
clearance standards cannot be obtained, or is determined by the department to
be not feasible because of conflicting land use or conflicting traffic volumes or
operational characteristics, then the following minimum corner clearance criteria
may be used:

CORNER CLEARANCE AT INTERSECTIONS

With Restrictive Median
Position Access Allowed Minimum (feet)

Approaching intersection Right In/Right Out 115

Approaching intersection Right In Only 75

Departing intersection Right In/Right Out 230*

Departing intersection Right Out Only 100

Without Restrictive Median

Position Access Allowed Minimum (feet)

Approaching intersection Full Access 230*

Approaching intersection Right In Only 100

Departing intersection Full Access 230*

Departing intersection Right Out Only 100

*For Access Class 5 and for speeds less than thirty-five mph, one hundred twenty-five feet may be used.

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(b) In cases where connections are permitted under the above criteria, the permit
issued in compliance with chapter 468-51 WAC shall contain the following
additional conditions:
(i) There shall be no more than one connection per property frontage on the state
highway.
(ii) When joint or alternate access meeting or exceeding the minimum corner
clearance standards becomes available, the permit holder shall close the
permitted connection, unless the permit holder shows to the departments
satisfaction that such closure is not feasible.
(iii) Variance permits are not allowed.
[Statutory Authority: Chapter 47.50 RCW. 99-06-035 (Order 188), 468-52-040, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
93-03-033 (Order 135), 468-52-040, filed 1/13/93, effective 2/13/93.]

WAC 468-52-050
Application of access control classification system standards.
(1) Review of permits on classified highway segments. Connection permit applications
on controlled access facilities of the state highway system received on a particular
segment that has been classified in accordance with this chapter shall be reviewed
subject to the requirements of this chapter in compliance with the permit application
process specified in chapter 468-51 WAC.
(2) Prior approvals. Connections permitted prior to the adoption of this chapter and
unpermitted connections that do not require closure in accordance with WAC 468-51-
030 are not required to meet the interim standards or the standards of assigned access
classifications adopted in compliance with this chapter.
(3) New permits required by chapter 468-51 WAC. All new connection permits required
due to significant changes in property site use in compliance with WAC 468-51-
110, or permit modification in compliance with WAC 468-51-120 shall be reviewed
subject to the requirements of this chapter.
(4) Permits approved under interim standards. Connection permits that were issued in
accordance with the interim standards in WAC 468-52-040 on a highway segment
where an access classification had not been adopted shall remain in effect after
adoption of an access classification on that highway segment unless a new permit is
required due to changes in property site use in compliance with WAC 468-51-110
or unless permit modification, revocation, or closure of the permitted connection is
required in compliance with WAC 468-51-120.
(5) Nonconforming permits. Nonconforming permits may be issued in accordance with
WAC 468-51-100 for certain connections not meeting the interim standards in WAC
468-52-040 or the access classification location and spacing standards adopted for a
particular highway segment.
(6) Variance permits. Variance permits may be issued in accordance with WAC 468-
51-105 for certain connections not meeting the access classification standards for
location, spacing or exceed the number of connections allowed by the standards
adopted for a particular highway segment. These permits may be allowed if
conditions warrant and are demonstrated to the satisfaction of the department by a
traffic analysis, signed and sealed by a qualified professional engineer who is

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registered in accordance with chapter 18.43 RCW, and included in the connection
permit application, and will remain in effect unless a new permit is required due to
changes in property site use in compliance with WAC 468-51-110 or unless permit
modification, revocation, or closure of the permitted connection is required in
compliance with WAC 468-51-120.
[Statutory Authority: Chapter 47.50 RCW. 99-06-035 (Order 188), 468-52-050, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
93-03-033 (Order 135), 468-52-050, filed 1/13/93, effective 2/13/93.]

WAC 468-52-060
Assignment of access control classifications to highway segments.
The assignment of an access control classification to all controlled access segments of
the state highway system shall be the responsibility of the department. The process to be
followed in assigning the classifications is as follows:
(1) Defining segments. The determination of the length and termini of segments shall
be the responsibility of the department working in cooperation with the Regional
Transportation Planning Organizations, Metropolitan Planning Organizations, and the
appropriate local governmental entities.
(a) Segments of highways to be assigned to a particular access control classification shall
be defined by the department in cooperation with local governments. The length and
termini of segments shall take into consideration the mobility and access needs of
the traveling public, the access needs of the existing and proposed land use abutting
the highway segment, and the existing and desired mobility characteristics of the
roadway. The number of classification changes occurring along a particular highway
shall be minimized to provide highway system continuity, uniformity, and integrity
to the maximum extent feasible. The segments shall not necessarily be confined by
local jurisdictional boundaries. Points of transition between classifications along
a particular route should be located on boundaries, or coincident with identifiable
physical features.
(2) Assignment of classifications. All segments of all controlled access facilities on
the state highway system shall be assigned to one of the access control classes
one through five. The assignment of a classification to a specific segment of
highway shall be the responsibility of the department. The classification shall be
made in cooperation with the Regional Transportation Planning Organization,
Metropolitan Planning Organization, and the appropriate local governmental
entities. For city streets that are designated as state highways in compliance with
chapter 47.24 RCW, the department will obtain concurrence in the final class
assignment from the city or town for those state highways where the city or town
is the permitting authority. The assignment of a classification shall take into
consideration the following factors:
(a) Local land use plans, zoning, and land development regulations as set forth in
adopted comprehensive plans;
(b) The current and potential functional classification of the highway;
(c) Existing and projected future traffic volumes;
(d) Existing and projected state, local, and metropolitan planning organization
transportation plans and needs including consideration of new or improved
parallel facilities;

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Highway Access Manageement-Access Control
Classification System and Standards

(e) Drainage requirements;

(f) The character of the lands adjoining the highway;
(g) The type and volume of traffic requiring access;
(h) Other operational aspects of access, including corridor accident history;
(i) The availability of reasonable access to the state highway by way of county roads
or city streets as an alternative to a connection to the state highway;
(j) The cumulative effect of existing and projected connections on the state highway
systems ability to provide for the safe and efficient movement of people and
goods within the state.
(3) Changes in jurisdiction. When the boundaries of an incorporated city or town are
revised to include a portion of a controlled access state highway resulting in a change
in the permitting authority from the department to the city or town in accordance with
chapter 47.24 RCW, the access classification of that portion of the state highway shall
remain unchanged unless modified in accordance with WAC 468-52-070.
[Statutory Authority: Chapter 47.50 RCW. 99-06-035 (Order 188), 468-52-060, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
93-03-033 (Order 135), 468-52-060, filed 1/13/93, effective 2/13/93.]

WAC 468-52-070
Review and modification of classifications.
(1) Department initiated action. The department may, at any time, initiate a review of
the access control classification of any segment of any state highway. When a major
change occurs in any of the factors noted in WAC 468-52-060(2), the department
shall review the access classification for the specific segments of any state highway
affected by the change. Prior to the initiation of any change in classification of a
highway segment, the department shall notify in writing the appropriate Regional
Transportation Planning Organization, Metropolitan Planning Organization, and
local governmental entities. The department will consult with the RTPO, MPO,
and local governmental entities and shall take into consideration, any comments
or concerns received during the review process. For city streets that are designated
as state highways in compliance with chapter 47.24 RCW, the department will
obtain concurrence in the final class assignment from the city or town for those
state highways where the city or town is the permitting authority. The department
shall notify the RTPO, MPO, and local governmental entities in writing of the final
determination of the reclassification action.
(2) Requests for departmental review. A Regional Transportation Planning Organization,
Metropolitan Planning Organization, or local governmental entity may request, in
writing, at any time that the secretary of transportation initiate a review of the access
control classification of a specific segment or segments of a state highway(s). Such
written request shall identify the segment(s) of state highway for which the review is
requested and shall include a specific recommendation for the reclassification of the
highway segment(s) involved. Justification for the requested change shall be provided
in the request taking into account the standards and criteria in WAC 468-52-040 and
468-52-060. The department will consult with the RTPO, MPO, and local

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 Highway Access Manageement-Access Control
Classification System and Standards

governmental entities involved and shall take into consideration, any comments or
concerns received during the review process. The department shall notify the RTPO,
MPO, and local governmental entities in writing of the final determination of the
reclassification action.
Other interested persons or organizations who wish to initiate a review of the access
control classification of a specific highway segment shall do so through the local
governmental entity, MPO, or RTPO.
[Statutory Authority: Chapter 47.50 RCW. 99-06-035 (Order 188), 468-52-070, filed
2/25/99, effective 3/28/99. Statutory Authority: RCW 47.01.101 and chapter 47.50 RCW.
93-03-033 (Order 135), 468-52-070, filed 1/13/93, effective 2/13/93.]

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Classification System and Standards

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City Street As Part of State Highway

Appendix 15 City Streets As Part of State Highways

Chapter 47.24 RCW

CITY STREETS AS PART OF STATE HIGHWAYS
SECTIONS
47.24.010 Designation - Construction, maintenance - Return to city or town.
47.24.020 Jurisdiction, control.
47.24.030 Acquisition of rights of way - Condemnation proceedings.
47.24.040 Street fund - Expenditures on streets forming part of state highway.
47.24.050 Aid on streets by state or county - Payment
NOTES:
City streets
parkways, boulevards, generally: Title 35 RCW
sidewalks, etc.: Chapters 35.68 through 35.79 RCW.
Design standards committee for city streets: Chapter 35.78 RCW.
Off-street parking
cities: Chapter 35.86 RCW.
towns: RCW 35.27.550 through 35.27.590.
Platted streets as public highways: RCW 58.08.035, 58.08.050.
Speed limits in cities: RCW 46.61.415, 46.61.430, 46.61.440.
Viaducts, bridges, elevated roadways, tunnels, etc., in cities: Chapter 35.85 RCW.

RCW 47.24.010
Designation -- Construction, maintenance -- Return to city or town.
The transportation commission shall determine what streets, together with bridges
thereon and wharves necessary for use for ferriage of motor vehicle traffic in connection
with such streets, if any, in any incorporated cities and towns shall form a part of the
route of state highways and between the first and fifteenth days of July of any year the
department of transportation shall identify by brief description, the streets, together with
the bridges thereon and wharves, if any, in such city or town which are designated as
forming a part of the route of any state highway; and all such streets, including curbs
and gutters and street intersections and such bridges and wharves, shall thereafter be a
part of the state highway system and as such shall be constructed and maintained by the
department of transportation from any state funds available therefor: PROVIDED, That
the responsibility for the construction and maintenance of any such street together with
its appurtenances may be returned to a city or a town upon certification by the department
of transportation to the clerk of any city or town that such street, or portion thereof, is no
longer required as a part of the state highway system: PROVIDED FURTHER, That any
such certification that a street, or portion thereof, is no longer required as a part of the
state highway system shall be made between the first and fifteenth of July following the
determination by the department that such street or portion thereof is no longer required
as a part of the state highway system, but this shall not prevent the department and any
city or town from entering into an agreement that a city or town will accept responsibility
for such a street or portion thereof at some time other than between the first and fifteenth
of July of any year.

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[1998 c 245 97; 1979 ex.s. c 86 2; 1977 ex.s. c 151 57; 1973 c 95 3; 1961 c 13
47.24.010. Prior: 1959 c 160 1; 1957 c 83 2; 1955 c 179 2; 1949 c 220 5, part;
1945 c 250 1, part; 1943 c 82 10, part; 1937 c 187 61, part; Rem. Supp. 1949
6450-61, part.]
NOTES:
Severability -- 1979 ex.s. c 86: See note following RCW 13.24.040.

RCW 47.24.020
Jurisdiction, control.
The jurisdiction, control, and duty of the state and city or town with respect to such
streets is as follows:
(1) The department has no authority to change or establish any grade of any such street
without approval of the governing body of such city or town, except with respect to
limited access facilities established by the commission;
(2) The city or town shall exercise full responsibility for and control over any such street
beyond the curbs and if no curb is installed, beyond that portion of the highway
used for highway purposes. However, within incorporated cities and towns the title
to a state limited access highway vests in the state, and, notwithstanding any other
provision of this section, the department shall exercise full jurisdiction, responsibility,
and control to and over such facility as provided in chapter 47.52 RCW;
(3) The department has authority to prohibit the suspension of signs, banners, or
decorations above the portion of such street between the curbs or portion used for
highway purposes up to a vertical height of twenty feet above the surface of the
roadway;
(4) The city or town shall at its own expense maintain all underground facilities in such
streets, and has the right to construct such additional underground facilities as may be
necessary in such streets. However, pavement trenching and restoration performed as
part of installation of such facilities must meet or exceed requirements established by
the department;
(5) The city or town has the right to grant the privilege to open the surface of any such
street, but all damage occasioned thereby shall promptly be repaired either by the
city or town itself or at its direction. Pavement trenching and restoration performed
under a privilege granted by the city under this subsection must meet or exceed
requirements established by the department;
(6) The city or town at its own expense shall provide street illumination and shall clean
all such streets, including storm sewer inlets and catch basins, and remove all snow,
except that the state shall when necessary plow the snow on the roadway. In cities and
towns having a population of twenty-two thousand five hundred or less according to
the latest determination of population by the office of financial management, the state,
when necessary for public safety, shall assume, at its expense, responsibility for the
stability of the slopes of cuts and fills and the embankments within the right of way to
protect the roadway itself. When the population of a city or town first exceeds twenty-
two thousand five hundred according to the determination of population by the office
of financial management, the city or town shall have three years from the date of the
determination to plan for additional staffing, budgetary, and equipment requirements
before being required to assume the responsibilities under this subsection. The state

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City Street As Part of State Highway

shall install, maintain, and operate all illuminating facilities on any limited access
facility, together with its interchanges, located within the corporate limits of any city
or town, and shall assume and pay the costs of all such installation, maintenance, and
operation incurred after November 1, 1954;
(7) The department has the right to use all storm sewers on such highways without cost;
and if new storm sewer facilities are necessary in construction of new streets by the
department, the cost of the facilities shall be borne by the state and/or city as may be
mutually agreed upon between the department and the governing body of the city or
town;
(8) Cities and towns have exclusive right to grant franchises not in conflict with state
laws and rules, over, beneath, and upon such streets, but the department is authorized
to enforce in an action brought in the name of the state any condition of any franchise
which a city or town has granted on such street. No franchise for transportation of
passengers in motor vehicles may be granted on such streets without the approval of
the department, but the department shall not refuse to approve such franchise unless
another street conveniently located and of strength of construction to sustain travel of
such vehicles is accessible;
(9) Every franchise or permit granted any person by a city or town for use of any portion
of such street by a public utility must require the grantee or permittee to restore,
repair, and replace any portion of the street damaged or injured by it to conditions that
meet or exceed requirements established by the department;
(10) The city or town has the right to issue overload or overwidth permits for vehicles to
operate on such streets or roads subject to regulations printed and distributed to the
cities and towns by the department;
(11) Cities and towns shall regulate and enforce all traffic and parking restrictions on such
streets, but all regulations adopted by a city or town relating to speed, parking, and
traffic control devices on such streets not identical to state law relating thereto are
subject to the approval of the department before becoming effective. All regulations
pertaining to speed, parking, and traffic control devices relating to such streets
heretofore adopted by a city or town not identical with state laws shall become null
and void unless approved by the department heretofore or within one year after
March 21, 1963;
(12) The department shall erect, control, and maintain at state expense all route markers
and directional signs, except street signs, on such streets;
(13) The department shall install, operate, maintain, and control at state expense all traffic
control signals, signs, and traffic control devices for the purpose of regulating both
pedestrian and motor vehicular traffic on, entering upon, or leaving state highways
in cities and towns having a population of twenty-two thousand five hundred or
less according to the latest determination of population by the office of financial
management. Such cities and towns may submit to the department a plan for traffic
control signals, signs, and traffic control devices desired by them, indicating the
location, nature of installation, or type thereof, or a proposed amendment to such
an existing plan or installation, and the department shall consult with the cities or
towns concerning the plan before installing such signals, signs, or devices. Cities and
towns having a population in excess of twenty-two thousand five hundred according
to the latest determination of population by the office of financial management shall
install, maintain, operate, and control such signals, signs, and devices at their own
expense, subject to approval of the department for the installation and type only.

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City Street As Part of State Highway

When the population of a city or town first exceeds twenty-two thousand five hundred
according to the determination of population by the office of financial management,
the city or town shall have three years from the date of the determination to plan for
additional staffing, budgetary, and equipment requirements before being required to
assume the responsibilities under this subsection. For the purpose of this subsection,
striping, lane marking, and channelization are considered traffic control devices;
(14) All revenue from parking meters placed on such streets belongs to the city or town;
(15) Rights of way for such streets shall be acquired by either the city or town or by the
state as shall be mutually agreed upon. Costs of acquiring rights of way may be at
the sole expense of the state or at the expense of the city or town or at the expense
of the state and the city or town as may be mutually agreed upon. Title to all such
rights of way so acquired shall vest in the city or town: PROVIDED, That no
vacation, sale, rental, or any other nontransportation use of any unused portion of
any such street may be made by the city or town without the prior written approval
of the department; and all revenue derived from sale, vacation, rental, or any
nontransportation use of such rights of way shall be shared by the city or town and
the state in the same proportion as the purchase costs were shared;
(16) If any city or town fails to perform any of its obligations as set forth in this section or
in any cooperative agreement entered into with the department for the maintenance of
a city or town street forming part of the route of a state highway, the department may
notify the mayor of the city or town to perform the necessary maintenance within
thirty days. If the city or town within the thirty days fails to perform the maintenance
or fails to authorize the department to perform the maintenance as provided by RCW
47.24.050, the department may perform the maintenance, the cost of which is to be
deducted from any sums in the motor vehicle fund credited or to be credited to the
city or town.
[2001 c 201 8; 1993 c 126 1; 1991 c 342 52; 1987 c 68 1; 1984 c 7 150; 1977
ex.s. c 78 7; 1967 c 115 1; 1963 c 150 1; 1961 c 13 47.24.020. Prior: 1957 c 83
3; 1955 c 179 3; 1953 c 193 1; 1949 c 220 5, part; 1945 c 250 1, part; 1943 c 82
10, part; 1937 c 187 61, part; Rem. Supp. 1949 6450-61, part.]
NOTES:
Effective dates - 1991 c 342: See note following RCW 47.26.167.
Severability - 1984 c 7: See note following RCW 47.01.141.

RCW 47.24.030
Acquisition of rights of way -- Condemnation proceedings.
The department is authorized to acquire rights of way, by purchase, gift, or condemnation
for any such streets, highways, bridges, and wharves. Any such condemnation
proceedings shall be exercised in the manner provided by law for condemnation
proceedings to acquire lands required for state highways.
[1984 c 7 151; 1961 c 13 47.24.030. Prior: 1949 c 220 5, part; 1945 c 250 1, part;
1943 c 82 10, part; 1937 c 187 61, part; Rem. Supp. 1949 6450-61, part.]
NOTES:
Severability - 1984 c 7: See note following RCW 47.01.141.
Right of way donations: Chapter 47.14 RCW.

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City Street As Part of State Highway

RCW 47.24.040
Street fund - Expenditures on streets forming part of state highway.
All funds accruing to the credit of incorporated cities and towns in the motor vehicle fund
shall be paid monthly to such incorporated cities and towns and shall, by the respective
cities and towns, be placed in a fund to be designated as city street fund and disbursed
as authorized and directed by the legislative authority of the city or town, as agents of the
state, for salaries and wages, material, supplies, equipment, purchase or condemnation
of right of way, engineering or any other proper highway or street purpose in connection
with the construction, alteration, repair, improvement or maintenance of any city street or
bridge, or viaduct or underpassage along, upon or across such streets. Such expenditure
may be made either independently or in conjunction with any federal, state or any county
funds.
[1961 c 13 47.24.040. Prior: 1949 c 220 4; 1947 c 96 1; 1943 c 82 9; 1939 c 181
8; 1937 c 187 60; Rem. Supp. 1949 6450-60.]

RCW 47.24.050
Aid on streets by state or county - Payment.
If a city or town, whether or not any of its streets are designated as forming a part of a
state highway, is unable to construct, repair, or maintain its streets for good cause, or if
it is in need of engineering assistance to construct, repair, or maintain any of its streets,
it may authorize the department to perform such construction, repair, or maintenance, or
it may secure necessary engineering assistance from the department, to the extent of the
funds credited or to be credited in the motor vehicle fund for payment to the city or town.
Any sums due from a city or town for such purposes shall be paid on vouchers approved
and submitted by the department from moneys credited to the city or town in the motor
vehicle fund, and the amount of the payments shall be deducted from funds which would
otherwise be paid to the city or town from the motor vehicle fund. The department may in
certain special cases, in its discretion, enter into an agreement with the governing officials
of the city or town for the performance of such work or services, the terms of which shall
provide for reimbursement of the motor vehicle fund for the benefit of the states share
of the fund by the city or town of the cost thereof from any funds of the city or town on
hand and legally available for the work or services. The city or town may, by resolution,
authorize the legislative authority of the county in which it is located, to perform any
such construction, repair, or maintenance, and the work shall be paid for by the city
or town at the actual cost thereof as provided for payment for work performed on city
streets, and any payment received therefor by a county shall be deposited in the county
road fund to be expended under the same provisions as are imposed upon the funds used
to perform the construction, repair, or maintenance.
[1984 c 7 152; 1961 c 13 47.24.050. Prior: 1951 c 54 1; 1949 c 220 6; 1943 c 82
11; 1937 c 187 63; Rem. Supp. 1949 6450-63.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.

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City Street As Part of State Highway

CITY STREETS
AS PART OF
STATE HIGHWAYS
GUIDELINES REACHED
BY THE
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
AND THE
ASSOCIATION OF WASHINGTON CITIES
ON THE INTERPRETATION OF SELECTED TOPICS
OF RCW 47.24 AND FIGURES OF WAC 468-18-050 FOR THE
CONSTRUCTION, OPERATIONS AND MAINTENANCE RESPONSIBILITIES OF
WSDOT AND CITIES FOR SUCH STREETS
April 30, 1997

CITY STREETS AS PART OF STATE HIGHWAYS

The jurisdiction, control, and duty of the state and city or town for city streets that are
a part of state highways is specified in RCW 47.24.020; however, the implementing
WACs, directives and manuals have been subject to interpretation. This report
documents agreed upon guidelines that have been reached by the Washington State
Department of Transportation (WSDOT) and the Association of Washington Cities
(AWC) on the interpretation of construction, operations and maintenance responsibilities
of WSDOT and cities for such city streets.
These agreed upon guidelines are derived from:
The draft Task Force Report on City Streets As Part Of State Highways.
Response to the legislative change that increased the 15,000 city population threshold
to a 22,500 population threshold for state versus city responsibilities for certain
maintenance responsibilities contained in RCW 47.24.
Additional discussions by the Department, AWC and several cities on the
interpretation of state versus local agency maintenance responsibilities that are
illustrated in figures contained in WAC 468-18-050 and on other maintenance
responsibilities for city streets that are part of state highways.
These guidelines are designed to facilitate the allocation of maintenance responsibilities
between the WSDOT and Washington Cities pursuant to RCW 47.24. The guidelines of
this report are not intended to reflect past practices but to apply to future practices. They
are general in nature and do not preclude the WSDOT and individual cities from entering
into agreements to address particular circumstances.
These agreed upon guidelines will be incorporated in WSDOT manuals and related
guidance for maintenance, operations, and construction activities. AWC will distribute
copies of this report to their members.

AGREED UPON GUIDELINES

The agreed upon guidelines of State and city responsibilities for city streets that are part
of state highways are contained in the following tables:
Table 1, City/State Maintenance Responsibilities For City Streets As Part Of The
State Highway System

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City Street As Part of State Highway

Table 2, City/State Maintenance Responsibilities Of Bridges That Convey Non-

Limited Access State Highways That Are Also City Streets (Unless Otherwise
Covered Under A Separate Agreement)
Table 3, State Owned Bridges That Convey City Or County Traffic Over A Limited
Access Or Non-Limited Access Highway Corridor (Does Not Apply To City Or
County Owned Bridges). The following is an explanation of selected items of the
above tables that are related to specific sections of RCW 47.24 and to
WAC 468-18-050:
1. Guardrail (Barriers) Maintenance
Background: RCW 47.24.020(2) states that The city or town shall exercise full
responsibility for and control over any such street beyond the curbs and if no curb
is installed, beyond that portion of the highway used for highway purposes. The
statement ...used for highway purposes... has led to differing interpretations of
WSDOT and local agency responsibilities for the maintenance of guardrail.
Agreed Upon Guideline: Traffic barriers installed on state highways in areas
without curbs shall be maintained by the WSDOT. Traffic barriers installed beyond
the curb shall be maintained by the cities. Curb in the context of RCW 47.24.020(2)
refers to a standard curb and gutter and not to extruded curb such as those placed on
fill sections for erosion control. Guardrail, concrete barriers, impact attenuators and
similar devices are all considered to be traffic barriers.
2. Parallel Ditches and Cross Culverts
Background: The issue is clarification of what is meant by the RCW 47.24.020(2)
statement ...for highway purposes... for use in interpreting responsibilities of
WSDOT and local agencies for maintenance of parallel ditches and cross culverts.
Also at issue is responsibility for grass lined swale construction for water treatment
purposes as compared to a ditch solely for drainage purpose. In addition a distinction
needs to be made between cross culverts related to streams and maintaining natural
flows as opposed to those constructed for storm drainage.
Agreed Upon Guideline:. Within all cities, regardless of population, the state shall
solely maintain the structural integrity of box culverts, multiplates and individual
culverts greater than 60 inches in width that are within rights of way and are not
part of an enclosed drainage system. These are the size appropriate to identify
natural stream flows. These structures that are less than 60 inches in width will be
maintained by the cities. Cities shall maintain all other parallel roadside ditches and
road approach culverts. Grass-lined swales constructed by the state solely for state
highway runoff will be maintained by the WSDOT.
3. Betterments - Pavement Markings
Background: RCW 47.24.020(13) provides that cities and towns having a population
greater than 22,500 are responsible to install, maintain, operate and control all
traffic control devices. This has been interpreted to mean that the city or town must
replace pavement markings and similar devices when a street is resurfaced (i.e.,
these markings are not included in the project costs). The issue is that a WSDOT
project may destroy very recently installed pavement markings that, especially if they
are durable markings (e.g., thermoplastic, raised pavement markers, etc.), involve
expense to the city. The cities recommend that in-kind replacement of these markings
be a part of the project costs.

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City Street As Part of State Highway

Agreed Upon Guideline: As a part of State reconstruction/resurfacing projects the

State will replace in-kind at no cost to the local agency only pavement markings that
are damaged or removed as a result of the reconstruction or resurfacing project. This
does not apply to durable pavement markings that have exceeded their useful life.
Installation of higher quality pavement markings will be at the expense of the city.
Early communication and plan reviews between WSDOT and the city is essential to
enable local agencies to avoid installation of pavement markings, especially the more
durable markings, shortly before the construction activity takes place.
4. Snow Plowing
Background: At issue is the meaning of the phrase in RCW 47.24.020(6) that states
...except that the state shall when necessary plow the snow on the roadway. This
statute states that the city or town, at its expense, is responsible for snow removal.
The meaning of when necessary and responsibility of snow plowing versus snow
removal needed clarification.
Agreed Upon Guideline: RCW 47.24.020(6) provides that the cities have
responsibility for snow removal within their jurisdiction and that the State shall,
when necessary, plow the snow on the roadway. The meaning of when necessary is
that the State will plow snow, with city concurrence, on the traveled lane of the state
highway on the way through the cities not having adequate snow plowing equipment.

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City Street As Part of State Highway

City/State Maintenance Responsibilities For City

Streets As Part Of The State Highway System
Table 1

Maintenance Item Cities Over 22,500 Cities Under 22,500

Roadway Surface State State
Roadway Shoulders State State
Stability of Cut & Fill Slopes City State
Sidewalks City City
Curbs State State
Parallel Roadside Ditches City City
Road Approach Culverts City City
Cross Culverts City [3] City [3]
Snow Plowing See Note [4] See Note [4]
Sanding & De-icing City City
Snow Removal City City
Sand Removal City City
Channelization City [1] State
Crosswalks City [1] State
Striping City [1] State
Directional Signs/ Route Markers State State
Parking Signs City City
Regulatory Signs City State
Stop Signs (Intersecting Streets) City State [7]
Signals City State
Guardrail, Concrete Barrier, State/City [2] State/City [2]
Impact Attenuators, etc.
Illumination City [6] City [6]
Street Cleaning City City
Street Sweeping City City
Vegetation City City
Noxious Weeds City [5] City [5]
R/W Encroachments City City
R/W Cleanup City City
Utility Franchises City City
Underground Facilities City City

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City Street As Part of State Highway

[1] As a part of State reconstruction/resurfacing projects the State will replace in-kind
at no cost to the local agency only pavement markings that are damaged or removed
as a result of the reconstruction or resurfacing project. This does not apply to
durable markings that have exceeded their useful life. Installation of higher quality
pavement markings will be at the expense of the city. Early communication and plan
reviews between WSDOT and the city is essential to enable local agencies to avoid
installation of pavement markings, especially the more durable markings, shortly
before the construction activity takes place.
[2] Traffic barriers installed on state highways in areas without curbs shall be maintained
by the WSDOT. Traffic barriers installed beyond the curb shall be maintained by the
cities. Curb in the context of RCW 47.24.020(2) refers to a standard curb and gutter
and not to extruded curb such as those placed on fill sections for erosion control.
Guardrail, concrete barriers, impact attenuators and similar devices are all considered
to be traffic barriers.
[3] Within all cities, regardless of population, the state shall solely maintain the structural
integrity of box culverts, multiplates and individual culverts greater than 60 inches in
width that are within rights of way and are not part of an enclosed drainage system.
These are the size appropriate to identify natural stream flows. These structures that
are less than 60 inches in width will be maintained by the cities. Cities shall maintain
all other parallel roadside ditches and road approach culverts. Grass-lined swales
constructed by the state solely for state highway runoff will be maintained by the
WSDOT.
[4] RCW 47.24.020 (6) provides that the cities have responsibility for snow removal
within their jurisdiction and that the State shall, when necessary, plow the snow on
the roadway. The meaning of when necessary is that the State will plow snow, with
city concurrence, on the traveled lane of the state highway on the way through the
cities not having adequate snow plowing equipment.
[5] RCW 47.24.020(2) states the city or town shall exercise full responsibility for and
control over any such street beyond the curbs and, if no curb is installed, beyond
that portion of the highway used for highway purposes and, thus, are responsible for
noxious weed control.
[6] The state has responsibility for maintenance of illumination systems within fully
access controlled areas. In addition, the State may, with city concurrence, maintain
and operate luminaires at locations where the electrical service powers electrical
equipment under both State and City responsibility.
[7] WSDOT, with city concurrence, may install stop signs and posts to the citys
standards or may contract with the city to have them perform these installations.

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City Street As Part of State Highway

City/State Maintenance Responsibilities Of Bridges

That Convey Non-Limited Access State Highways That
Are Also City Streets (Unless Otherwise Covered Under A Separate Agreement)
(This table provides an interpretation of the figures of WAC 468-18-050)
Table 2

Maintenance Item Cities Over 22,500 Cities Under 22,500

Structural Related Bridge State State

Maintenance
Bridge Condition State State
Inspections
L/C Overlays on Structures State State
Bridge Deck Membranes State State
Structural Asphalt Overlay State State
on Bridge
Non-Structural Asphalt State State
Overlay on Bridge
Approach Slab State State
Bridge Deck Joints State State
Bridge Railing State State
Graffiti City City
Deck Sweeping City City
Bridge Drains/Drainage City State
Striping City State
Illumination City [2] City [2]
Snow Plowing See Note [1] See Note [1]
Snow Removal City City

[1] RCW 47.24.020(6) provides that the cities have responsibility for snow removal
within their jurisdiction and that the State shall, when necessary, plow the snow on
the roadway. The meaning of when necessary is that the State will plow snow, with
city concurrence, on the traveled lane of the state highway on the way through the
cities not having adequate snow plowing equipment.
[2] The state has responsibility for maintenance of illumination systems within fully
access controlled areas. In addition, the State may, with city concurrence, maintain
and operate luminaires at locations where the electrical service powers electrical
equipment under both State and City responsibility.

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City Street As Part of State Highway

State Owned Bridges That Convey City Or County

Traffic Over A Limited Access Or Non-Limited Access
Highway Corridor (Does Not Apply To City Or County Owned Bridges)
(This table provides an interpretation of the figures of WAC 468-18-050)
Table 3

Maintenance Item City/State County/State

Structural Related Bridge State State
Maintenance
Bridge Condition State State
Inspections
LMC Overlays on State State
Structures
Bridge Deck Membranes State State
Structural Asphalt Overlay State State
on Bridge
Non-Structural Asphalt City [1] County [1]
Overlay on Bridge
Approach Slab City [2] County [2]
Bridge Deck Joints See Note [3] See Note [3]
Bridge Railing State State
Graffiti City County
Deck Sweeping City County
Bridge Drains/Drainage City County
Striping City County
Illumination City County
Snow Plowing City County
Snow Removal City County

[1] Cities/counties should obtain the states concurrence prior to performing non-
structural asphalt deck overlays on state owned structures.
[2] Approach slab maintenance is the primary responsibility of the city/county. In the
case where the state performs a structural overlay on the bridge deck, the state may
extend the overlay onto the approach slab to smooth traffic flow.
[3] Joints located on the bridge deck are the responsibility of the state. Back of pavement
seat joint repairs are the responsibility of the city/county unless they affect the
structural integrity of the bridge.
The State has full maintenance responsibility for bridges conveying a State Route
or Interstate traffic in a limited access corridor (unless otherwise covered under a
separate agreement).

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City Street As Part of State Highway

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City Street As Part of State Highway

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City Street As Part of State Highway

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City Street As Part of State Highway

CONCURRENCES:
With the concurrence of WSDOT Executive Management, this report will be transmitted
to WSDOT Assistant Secretaries and Regional Administrators and to the Association of
Washington Cities for implementation of the agreed upon guidelines.
Respectfully submitted for acceptance,
/s/ Dave Dye /s/ Dennis B. Ingham /s/ Craig Olson
Maintenance Engineer Assistant Secretary Transportation Coord.
Field Operations Support TransAid Service Center Assoc. of Washington Cities
Service Center
CONCURRENCES WITH RECOMMENDATIONS FOR ACCEPTANCE:

/s/ John Conrad /s/ E. R. Skip Burch

Assistant Secretary Assistant Secretary
Field Operations Support Environmental & Engineering
Service Center Service Center
RECOMMENDATIONS ACCEPTED:
/s/ Stan Finkelstein /s/ S. A. Moon
Executive Director Deputy Secretary for Operations
Assoc. of Washington Cities Department of Transportation
Final Report April 30, 1997
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City Street As Part of State Highway

CONCURRENCES:
With the concurrence of WSDOT Executive Management, this report will be transmitted to
WSDOT Assistant Secretaries and Regional Administrators and to the Association of Washington
Cities for implementation of the agreed upon guidelines.

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 Limited Access Facilities

Appendix 16 Limited Access Facilities

Chapter 47.52 RCW

LIMITED ACCESS FACILITIES
SECTIONS
47.52.001 Declaration of policy.
47.52.010 "Limited access facility" defined.
47.52.011 "Existing highway" defined.
47.52.020 Power of highway authorities -- State facility, county road crossings.
47.52.025 Additional powers -- Controlling use of limited access facilities -- High occupancy vehicle
lanes.
47.52.026 Rules -- Control of vehicles entering--Ramp closure, metering, or restrictions--Notice.
47.52.027 Standards and rules for interstate and defense highways -- Construction, maintenance, access
47.52.040 Design -- Entrance and exit restricted -- Closure of intersecting roads.
47.52.041 Closure of intersecting roads -- Rights of abutters.
47.52.042 Closure of intersecting roads -- Other provisions not affected.
47.52.050 Acquisition of property.
47.52.060 Court process expedited.
47.52.070 Establishment of facility -- Grade separation -- Service roads.
47.52.080 Abutter's right of access protected -- Compensation.
47.52.090 Cooperative agreements -- Urban public transportation systems -- Title to highway -- Traffic ..
regulations -- Underground utilities and overcrossings -- Passenger tranaportation -- Storm
sewers -- City street crossings.
47.52.100 Existing roads and streets as service roads.
47.52.105 Acquisition and construction to preserve limited access or reduce required compensation.
47.52.110 Marking of facility with signs.
47.52.120 Violations specified -- Exceptions -- Penalty.
47.52.121 Prior determinations validated.
47.52.131 Consideration of local conditions -- Report to local authorities -- Conferences --Proposed plan.
47.52.133 Local public hearing -- Notices.
47.52.134 When access reports and hearings not required.
47.52.135 Hearing procedure.
47.52.137 Adoption of plan -- Service of findings and order -- Publication of resume -- Finality --Review.
47.52139 Local approval of plan -- Disapproval, request for review.
47.52.145 Modification of adopted plan without further public hearings, when.
47.52.150 State facility through city or town -- Board of review, composition and appointment.
47.52.160 State facility through city or town -- Hearing -- Evidence -- Determination of issues.
47.52.170 State facility through city or town -- Hearing -- Procedure.
47.52.180 State facility through city or town -- Hearing -- Findings of board -- Modification of proposed
plan by stipulation.
47.52.190 State facility through city or town -- Hearing -- Assistants -- Costs -- Reporter.
47.52.195 Review and appeal on petition of abutter.

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Limited Access Facilities

47.52.200 Law enforcement jurisdiction within city or town.

47.52.210 State facility within city or town -- Title to city or town streets incorporated therein.
NOTES:
Description, plans of highways, filing: RCW 47.28.025, 47.28.026.
Port districts, toll facilities: Chapter 53.34 RCW.
Speed limits on limited access facilities: RCW 46.61.430.

RCW 47.52.001
Declaration of policy.
Unrestricted access to and from public highways has resulted in congestion and peril for
the traveler. It has caused undue slowing of all traffic in many areas. The investment of
the public in highway facilities has been impaired and highway facilities costing vast
sums of money will have to be relocated and reconstructed. It is the declared policy of
this state to limit access to the highway facilities of this state in the interest of highway
safety and for the preservation of the investment of the public in such facilities.
[1961 c 13 47.52.001. Prior: 1951 c 167 1.]

RCW 47.52.010
Limited access facility defined.
For the purposes of this chapter, a limited access facility is defined as a highway or
street especially designed or designated for through traffic, and over, from, or to which
owners or occupants of abutting land, or other persons, have no right or easement, or only
a limited right or easement of access, light, air, or view by reason of the fact that their
property abuts upon such limited access facility, or for any other reason to accomplish
the purpose of a limited access facility. Such highways or streets may be parkways, from
which vehicles forming part of an urban public transportation system, trucks, buses, or
other commercial vehicles may be excluded; or they may be freeways open to use by all
customary forms of street and highway traffic, including vehicles forming a part of an
urban public transportation system.
[1967 c 108 10; 1961 c 13 47.52.010. Prior: 1951 c 167 2; 1947 c 202 1; Rem.
Supp. 1947 6402-60.]
NOTES:
Urban public transportation system defined: RCW 47.04.082.

RCW 47.52.011
Existing highway defined.
For the purposes of this chapter, the term existing highway shall include all highways,
roads and streets duly established, constructed, and in use. It shall not include new
highways, roads or streets, or relocated highways, roads or streets, or portions of existing
highways, roads or streets which are relocated.
[1961 c 13 47.52.011. Prior: 1951 c 167 3.]

RCW 47.52.020
Powers of highway authorities -- State facility, county road crossings.
The highway authorities of the state, counties, and incorporated cities and towns, acting
alone or in cooperation with each other, or with any federal, state, or local agency, or
any other state having authority to participate in the construction and maintenance of
highways, may plan, designate, establish, regulate, vacate, alter, improve, construct,
maintain, and provide limited access facilities for public use wherever the authority
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 Limited Access Facilities

or authorities are of the opinion that traffic conditions, present or future, will justify
the special facilities. However, upon county roads within counties, the state or county
authorities are subject to the consent of the county legislative authority, except that where
a state limited access facility crosses a county road the department may, without the
consent of the county legislative authority, close off the county road so that it will not
intersect such limited access facility.
The department may, in constructing or relocating any state highway, cross any county
road at grade without obtaining the consent of the county legislative authority, and in so
doing may revise the alignment of the county road to the extent that the department finds
necessary for reasons of traffic safety or practical engineering considerations.
[1984 c 7 239; 1961 c 13 47.52.020. Prior: 1957 c 235 2; prior: 1953 c 30 1; 1951 c 167
4; 1947 c 202 2, part; Rem. Supp. 1947 6402-61, part.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.

RCW 47.52.025
Additional powers -- Controlling use of limited access facilities -- High-occupancy
vehicle lanes.
Highway authorities of the state, counties, and incorporated cities and towns, in addition
to the specific powers granted in this chapter, shall also have, and may exercise, relative
to limited access facilities, any and all additional authority, now or hereafter vested
in them relative to highways or streets within their respective jurisdictions, and may
regulate, restrict, or prohibit the use of such limited access facilities by various classes
of vehicles or traffic. Such highway authorities may reserve any limited access facility
or portions thereof, including designated lanes or ramps for the exclusive or preferential
use of public transportation vehicles, privately owned buses, or private motor vehicles
carrying not less than a specified number of passengers when such limitation will
increase the efficient utilization of the highway facility or will aid in the conservation of
energy resources. Regulations authorizing such exclusive or preferential use of a highway
facility may be declared to be effective at all time or at specified times of day or on
specified days.
[1974 ex.s. c 133 1; 1961 c 13 47.52.025. Prior: 1957 c 235 3; prior: 1951 c 167 5;
1947 c 202 2, part; Rem. Supp. 1947 6402-61, part.]
NOTES:
High-occupancy vehicle lanes: RCW 46.61.165.

RCW 47.52.026
Rules -- Control of vehicles entering -- Ramp closure, metering, or restrictions
-- Notice.
(1) The department may adopt rules for the control of vehicles entering any state
limited access highway as it deems necessary (a) for the efficient or safe flow of
traffic traveling upon any part of the highway or connections with it or (b) to avoid
exceeding federal, state, or regional air pollution standards either along the highway
corridor or within an urban area served by the highway.

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Limited Access Facilities

(2) Rules adopted by the department pursuant to subsection (1) of this section may
provide for the closure of highway ramps or the metering of vehicles entering
highway ramps or the restriction of certain classes of vehicles entering highway
ramps (including vehicles with less than a specified number of passengers), and any
such restrictions may vary at different times as necessary to achieve the purposes
mentioned in subsection (1) of this section.
(3) Vehicle restrictions authorized by rules adopted pursuant to this section are effective
when proper notice is given by any police officer, or by appropriate signals, signs, or
other traffic control devices.
[1984 c 7 240; 1974 ex.s. c 133 3.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.

RCW 47.52.027
Standards and rules for interstate and defense highways -- Construction,
maintenance, access.
The secretary of transportation may adopt design standards, rules, and regulations
relating to construction, maintenance, and control of access of the national system
of interstate and defense highways within this state as it deems advisable to properly
control access thereto, to preserve the traffic-carrying capacity of such highways, and to
provide the maximum degree of safety to users thereof. In adopting such standards, rules,
and regulations the secretary shall take into account the policies, rules, and regulations
of the United States secretary of commerce and the federal highway administration
relating to the construction, maintenance, and operation of the system of interstate and
defense highways. The standards, rules, and regulations so adopted by the secretary shall
constitute the public policy of this state and shall have the force and effect of law.
[1977 ex.s. c 151 62; 1961 c 13 47.52.027. Prior: 1959 c 319 35. Formerly RCW
47.28.160.]
NOTES:
Nonmotorized traffic may be prohibited: RCW 46.61.160.

RCW 47.52.040
Design -- Entrance and exit restricted -- Closure of intersecting roads.
The highway authorities of the state, counties and incorporated cities and towns may so
design any limited access facility and so regulate, restrict, or prohibit access as to best
serve the traffic for which such facility is intended; and the determination of design by
such authority shall be conclusive and final. In this connection such highway authorities
may divide and separate any limited access facility into separate roadways by the
construction of raised curbings, central dividing sections, or other physical separations,
or by designating such separate roadways by signs, markers, stripes, and the proper
lane for such traffic by appropriate signs, markers, stripes and other devices. No person
shall have any right of ingress or egress to, from, or across limited access facilities to or
from abutting lands, except at designated points at which access may be permitted by
the highway authorities upon such terms and conditions as may be specified from time

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to time: PROVIDED, That any intersecting streets, roads or highways, not made a part
of such facility, shall be deemed closed at the right of way line by the designation and
construction of said facility and without the consent of any other party or the necessity of
any other legal proceeding for such closing, notwithstanding any laws to the contrary.
[1961 c 13 47.52.040. Prior: 1955 c 75 1; 1947 c 202 3; Rem. Supp. 1947
6402-62.]

RCW 47.52.041
Closure of intersecting roads -- Rights of abutters.
No person, firm or corporation, private or municipal, shall have any claim against the
state, city or county by reason of the closing of such streets, roads or highways as long as
access still exists or is provided to such property abutting upon the closed streets, roads or
highways. Circuity of travel shall not be a compensable item of damage.
1961 c 13 47.52.041. Prior: 1955 c 75 2.]

RCW 47.52.042
Closure of intersecting roads -- Other provisions not affected.
RCW 47.52.040 and 47.52.041 shall not be construed to affect provisions for
establishment, notice, hearing and court review of any decision establishing a limited
access facility on an existing highway pursuant to chapter 47.52 RCW.
[1961 c 13 47.52.042. Prior: 1955 c 75 3.]

RCW 47.52.050
Acquisition of property.
(1) For the purpose of this chapter the highway authorities of the state, counties and
incorporated cities and towns, respectively, or in cooperation one with the other, may
acquire private or public property and property rights for limited access facilities and
service roads, including rights of access, air, view and light, by gift, devise, purchase,
or condemnation, in the same manner as such authorities are now or hereafter may be
authorized by law to acquire property or property rights in connection with highways
and streets within their respective jurisdictions. Except as otherwise provided in
subsection (2) of this section all property rights acquired under the provisions
of this chapter shall be in fee simple. In the acquisition of property or property
rights for any limited access facility or portion thereof, or for any service road in
connection therewith, the state, county, incorporated city and town authority may, in
its discretion, acquire an entire lot, block or tract of land, if by so doing the interest
of the public will be best served, even though said entire lot, block or tract is not
immediately needed for the limited access facility.
(2) The highway authorities of the state, counties, and incorporated cities and towns
may acquire by gift, devise, purchase, or condemnation a three dimensional air
space corridor in fee simple over or below the surface of the ground, together with
such other property in fee simple and other property rights as are needed for the
construction and operation of a limited access highway facility, but only if the
acquiring authority finds that the proposal will not:
(a) impair traffic safety on the highway or interfere with the free flow of traffic; or

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Limited Access Facilities

(b) permit occupancy or use of the air space above or below the highway which is
hazardous to the operation of the highway.
[1971 ex.s. c 39 1; 1961 c 13 47.52.050. Prior: 1947 c 202 4; Rem. Supp. 1947 6402-63.]
NOTES:
Award of costs in air space corridor acquisitions: RCW 8.25.073.
Right of way donations: Chapter 47.14 RCW.

RCW 47.52.060
Court process expedited.
Court proceedings necessary to acquire property or property rights for purposes of this
chapter shall take precedence over all other causes not involving the public interest in all
courts to the end that the provision for limited access facilities may be expedited.
[1961 c 13 47.52.060. Prior: 1947 c 202 5; Rem. Supp. 1947 6402-64.]

RCW 47.52.070
Establishment of facility -- Grade separation -- Service roads.
The designation or establishment of a limited access facility shall, by the authority
making the designation or establishment, be entered upon the records or minutes of
such authority in the customary manner for the keeping of such records or minutes. The
state, counties and incorporated cities and towns may provide for the elimination of
intersections at grade of limited access facilities with existing state or county roads, and
with city or town streets, by grade separation or service road, or by closing off such roads
and streets at the right of way boundary line of such limited access facility; and after the
establishment of any such facility, no highway or street which is not part of said facility,
shall intersect the same at grade. No city or town street, county road, or state highway,
or any other public or private way, shall be opened into or connect with any such limited
access facility without the consent and previous approval of the highway authority of
the state, county, incorporated city or town having jurisdiction over such limited access
facility. Such consent and approval shall be given only if the public interest shall be
served thereby.
[1961 c 13 47.52.070. Prior: 1951 c 167 10; 1947 c 202 6; Rem. Supp. 1947
6402-65.]

RCW 47.52.080
Abutters right of access protected -- Compensation.
No existing public highway, road, or street shall be constructed as a limited access
facility except upon the waiver, purchase, or condemnation of the abutting owners
right of access thereto as herein provided. In cases involving existing highways, if the
abutting property is used for business at the time the notice is given as provided in RCW
47.52.133, the owner of such property shall be entitled to compensation for the loss
of adequate ingress to or egress from such property as business property in its existing
condition at the time of the notice provided in RCW 47.52.133 as for the taking or
damaging of property for public use.
[1983 c 3 127; 1961 c 13 47.52.080. Prior: 1955 c 54 2; 1951 c 167 11; 1947 c
202 7; Rem. Supp. 1947 6402-66.]

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RCW 47.52.090
Cooperative agreements -- Urban public transportation systems -- Title to
highway -- Traffic regulations -- Underground utilities and overcrossings --
Passenger transportation -- Storm sewers -- City street crossings.
The highway authorities of the state, counties, incorporated cities and towns, and
municipal corporations owning or operating an urban public transportation system are
authorized to enter into agreements with each other, or with the federal government,
respecting the financing, planning, establishment, improvement, construction,
maintenance, use, regulation, or vacation of limited access facilities in their respective
jurisdictions to facilitate the purposes of this chapter. Any such agreement may provide
for the exclusive or nonexclusive use of a portion of the facility by street cars, trains,
or other vehicles forming a part of an urban public transportation system and for the
erection, construction, and maintenance of structures and facilities of such a system
including facilities for the receipt and discharge of passengers. Within incorporated
cities and towns the title to every state limited access highway vests in the state, and,
notwithstanding any other provision of this section, the department shall exercise full
jurisdiction, responsibility, and control to and over the highway from the time it is
declared to be operational as a limited access facility by the department, subject to the
following provisions:
(1) Cities and towns shall regulate all traffic restrictions on such facilities except as
provided in RCW 46.61.430, and all regulations adopted are subject to approval of
the department before becoming effective. Nothing herein precludes the state patrol
or any county, city, or town from enforcing any traffic regulations and restrictions
prescribed by state law, county resolution, or municipal ordinance.
(2) The city, town, or franchise holder shall at its own expense maintain its underground
facilities beneath the surface across the highway and has the right to construct
additional facilities underground or beneath the surface of the facility or necessary
overcrossings of power lines and other utilities as may be necessary insofar as the
facilities do not interfere with the use of the right of way for limited access highway
purposes. The city or town has the right to maintain any municipal utility and
the right to open the surface of the highway. The construction, maintenance until
permanent repair is made, and permanent repair of these facilities shall be done in a
time and manner authorized by permit to be issued by the department or its authorized
representative, except to meet emergency conditions for which no permit will be
required, but any damage occasioned thereby shall promptly be repaired by the city
or town itself, or at its direction. Where a city or town is required to relocate overhead
facilities within the corporate limits of a city or town as a result of the construction of
a limited access facility, the cost of the relocation shall be paid by the state.
(3) Cities and towns have the right to grant utility franchises crossing the facility
underground and beneath its surface insofar as the franchises are not inconsistent
with the use of the right of way for limited access facility purposes and the franchises
are not in conflict with state laws. The department is authorized to enforce, in an
action brought in the name of the state, any condition of any franchise that a city or
town has granted. No franchise for transportation of passengers in motor vehicles
may be granted on such highways without the approval of the department, except
cities and towns are not required to obtain a franchise for the operation of municipal
vehicles or vehicles operating under franchises from the city or town operating within
the corporate limits of a city or town and within a radius not exceeding eight miles

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Limited Access Facilities

outside the corporate limits for public transportation on such facilities, but these
vehicles may not stop on the limited access portion of the facility to receive or to
discharge passengers unless appropriate special lanes or deceleration, stopping, and
acceleration space is provided for the vehicles.
Every franchise or permit granted any person by a city or town for use of any
portion of a limited access facility shall require the grantee or permittee to restore,
permanently repair, and replace to its original condition any portion of the highway
damaged or injured by it. Except to meet emergency conditions, the construction and
permanent repair of any limited access facility by the grantee of a franchise shall be
in a time and manner authorized by a permit to be issued by the department or its
authorized representative.
(4) The department has the right to use all storm sewers that are adequate and available
for the additional quantity of run-off proposed to be passed through such storm
sewers.
(5) The construction and maintenance of city streets over and under crossings and surface
intersections of the limited access facility shall be in accordance with the governing
policy entered into between the department and the association of Washington cities
on June 21, 1956, or as such policy may be amended by agreement between the
department and the association of Washington cities.
[1984 c 7 241; 1977 ex.s. c 78 8; 1967 c 108 11; 1961 c 13 47.52.090. Prior: 1957 c 235
4; 1947 c 202 8; Rem. Supp. 1947 6402-67.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.
Urban public transportation system defined: RCW 47.04.082.

RCW 47.52.100
Existing roads and streets as service roads.
In connection with the development of any limited access facility the state, county or
incorporated city or town highway authorities are authorized to plan, designate, establish,
use, regulate, alter, improve, construct, maintain and vacate local service roads and
streets, or to designate as local service roads and streets any existing road or street, and
to exercise jurisdiction over service roads in the same manner as is authorized for limited
access facilities under the terms of this chapter. If, in their opinion such local service
roads and streets are necessary or desirable, such local service roads or streets shall
be separated from the limited access facility by such means or devices designated as
necessary or desirable by the proper authority.
[1961 c 13 47.52.100. Prior: 1947 c 202 9; Rem. Supp. 1947 6402-68.]

RCW 47.52.105
Acquisition and construction to preserve limited access or reduce required
compensation.
Whenever, in the opinion of the department, frontage or service roads in connection
with limited access facilities are not feasible either from an engineering or economic
standpoint, the department may acquire private or public property by purchase or
condemnation and construct any road, street, or highway connecting to or leading into
any other road, street, or highway, when by so doing, it will preserve a limited access
facility or reduce compensation required to be paid to an owner by reason of reduction

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in or loss of access. The department shall provide by agreement with a majority of the
legislative authority of the county or city concerned as to location, future maintenance,
and control of any road, street, or highway to be so constructed. The road, street, or
highway need not be made a part of the state highway system or connected thereto,
but may upon completion by the state be turned over to the county or city for location,
maintenance, and control pursuant to the agreement as part of the system of county roads
or city streets.
[1984 c 7 242; 1967 c 117 1; 1961 c 13 47.52.105. Prior: 1955 c 63 1.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.

RCW 47.52.110
Marking of facility with signs.
After the opening of any new and additional limited access highway facility, or after
the designation and establishment of any existing street or highway, as included the
particular highways and streets or those portions thereof designated and established, shall
be physically marked and indicated as follows: By the erection and maintenance of such
signs as in the opinion of the respective authorities may be deemed proper, indicating to
drivers of vehicles that they are entering a limited access area and that they are leaving a
limited access area.
[1961 c 13 47.52.110. Prior: 1947 c 202 10; Rem. Supp. 1947 6402-69.]

RCW 47.52.120
Violations specified -- Exceptions -- Penalty.
After the opening of any limited access highway facility, it shall be unlawful for any
person (1) to drive a vehicle over, upon, or across any curb, central dividing section,
or other separation or dividing line on limited access facilities; (2) to make a left turn
or semicircular or U-turn except through an opening provided for that purpose in the
dividing curb section, separation, or line; (3) to drive any vehicle except in the proper
lane provided for that purpose and in the proper direction and to the right of the central
dividing curb, separation section, or line; (4) to drive any vehicle into the limited access
facility from a local service road except through an opening provided for that purpose
in the dividing curb, dividing section, or dividing line which separates such service road
from the limited access facility proper; (5) to stop or park any vehicle or equipment
within the right of way of such facility, including the shoulders thereof, except at points
specially provided therefor, and to make only such use of such specially provided
stopping or parking points as is permitted by the designation thereof: PROVIDED,
That this subsection shall not apply to authorized emergency vehicles, law enforcement
vehicles, assistance vans, or to vehicles stopped for emergency causes or equipment
failures; (6) to travel to or from such facility at any point other than a point designated
by the establishing authority as an approach to the facility or to use an approach to
such facility for any use in excess of that specified by the establishing authority. For
the purposes of this section, an assistance van is a vehicle rendering aid free of charge
to vehicles with equipment or fuel problems. The state patrol shall establish by rule
additional standards and operating procedures, as needed, for assistance vans.
Any person who violates any of the provisions of this section is guilty of a misdemeanor
and upon arrest and conviction therefor shall be punished by a fine of not less than five
dollars nor more than one hundred dollars, or by imprisonment in the city or county jail

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for not less than five days nor more than ninety days, or by both fine and imprisonment.
Nothing contained in this section prevents the highway authority from proceeding to
enforce the prohibitions or limitations of access to such facilities by injunction or as
otherwise provided by law.
[1987 c 330 748; 1985 c 149 1; 1961 c 13 47.52.120. Prior: 1959 c 167 1; 1947 c
202 11; Rem. Supp. 1947 6402-70.]
NOTES:
Construction -- Application of rules -- Severability -- 1987 c 330: See notes
following RCW 28B.12.050.

RCW 47.52.121
Prior determinations validated.
Any determinations of an authority establishing a limited access facility subsequent to
March 19, 1947, and prior to March 16, 1951, in connection with new highways, roads
or streets, or relocated highways, roads or streets, or portions of existing highways,
roads or streets which are relocated, and all acquirements of property or access rights
in connection therewith are hereby validated, ratified, approved and confirmed,
notwithstanding any lack of power (other than constitutional) of such authority,
and notwithstanding any defects or irregularities (other than constitutional) in such
proceedings.
[1961 c 13 47.52.121. Prior: 1951 c 167 12.]

RCW 47.52.131
Consideration of local conditions -- Report to local authorities -- Conferences --
Proposed plan.
When the department is planning a limited access facility through a county or an
incorporated city or town, the department or its staff, before any hearing, shall give
careful consideration to available data as to the county or citys comprehensive plan,
land use pattern, present and potential traffic volume of county roads and city streets
crossing the proposed facility, origin and destination traffic surveys, existing utilities,
the physical appearance the facility will present, and other pertinent surveys and, except
as provided in RCW 47.52.134, shall submit to the county and city officials for study
a report showing how these factors have been taken into account and how the proposed
plan for a limited access facility will serve public convenience and necessity, together
with the locations and access and egress plans, and over and under crossings that are
under consideration. This report shall show the proposed approximate right of way limits
and profile of the facility with relation to the existing grade, and shall discuss in a general
manner plans for landscaping treatment, fencing, and illumination, and shall include
sketches of typical roadway sections for the roadway itself and any necessary structures
such as viaducts or bridges, subways, or tunnels.
Conferences shall be held on the merits of this state report and plans and any proposed
modification or alternate proposal of the county, city, or town in order to attempt to reach
an agreement between the department and the county or city officials. As a result of the
conference, the proposed plan, together with any modifications, shall be prepared by the
department and presented to the county or city for inspection and study.
[1987 c 200 1; 1984 c 7 243; 1965 ex.s. c 75 1.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.

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RCW 47.52.133
Local public hearing -- Notices.
Except as provided in RCW 47.52.134, the transportation commission and the highway
authorities of the counties and incorporated cities and towns, with regard to facilities
under their respective jurisdictions, prior to the establishment of any limited access
facility, shall hold a public hearing within the county, city, or town wherein the limited
access facility is to be established to determine the desirability of the plan proposed by
such authority. Notice of such hearing shall be given to the owners of property abutting
the section of any existing highway, road, or street being established as a limited access
facility, as indicated in the tax rolls of the county, and in the case of a state limited access
facility, to the county and/or city or town. Such notice shall be by United States mail in
writing, setting forth a time for the hearing, which time shall be not less than fifteen days
after mailing of such notice. Notice of such hearing also shall be given by publication
not less than fifteen days prior to such hearing in one or more newspapers of general
circulation within the county, city, or town. Such notice by publication shall be deemed
sufficient as to any owner or reputed owner or any unknown owner or owner who cannot
be located. Such notice shall indicate a suitable location where plans for such proposal
may be inspected.
[1987 c 200 2; 1981 c 95 1; 1965 ex.s. c 75 2.]

RCW 47.52.134
When access reports and hearings not required.
Access reports and hearings on the establishment of limited access facilities are not
required if:
(1) The limited access facility would lie wholly within state or federal lands and the
agency or agencies with jurisdiction of the land agree to the access plan; or
(2) The access rights to the affected section of roadway have previously been purchased
or established by others; or
(3) The limited access facility would not significantly change local road use, and all
affected local agencies and abutting property owners agree in writing to waive a
formal hearing on the establishment of the facility after publication of a notice of
opportunity for a limited access hearing. This notice of opportunity for a limited
access hearing shall be given in the same manner as required for published notice
of hearings under RCW 47.52.133. If the authority specified in the notice receives
a request for a hearing from one or more abutting property owners or affected local
agencies on or before the date stated in the notice, an access report shall be submitted
as provided in RCW 47.52.131 and a hearing shall be held. Notice of the hearing
shall be given by mail and publication as provided in RCW 47.52.133.
[1987 c 200 3.]

RCW 47.52.135
Hearing procedure.
At the hearing any representative of the county, city or town, or any other person may
appear and be heard even though such official or person is not an abutting property
owner. Such hearing may, at the option of the highway authority, be conducted in
accordance with federal laws and regulations governing highway design public hearings.
The members of such authority shall preside, or may designate some suitable person to
preside as examiner. The authority shall introduce by competent evidence a summary
of the proposal for the establishment of a limited access facility and any evidence that

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supports the adoption of the plan as being in the public interest. At the conclusion of
such evidence, any person entitled to notice who has entered a written appearance
shall be deemed a party to this hearing for purposes of this chapter and may thereafter
introduce, either in person or by counsel, evidence and statements or counterproposals
bearing upon the reasonableness of the proposal. Any such evidence and statements
or counterproposals shall receive reasonable consideration by the authority before any
proposal is adopted. Such evidence must be material to the issue before the authority and
shall be presented in an orderly manner.
[1982 c 189 5; 1981 c 67 29; 1977 c 77 2; 1965 ex.s. c 75 3.]
NOTES:
Effective date -- 1982 c 189: See note following RCW 34.12.020.
Effective dates -- Severability -- 1981 c 67: See notes following
RCW 34.12.010.

RCW 47.52.137
Adoption of plan -- Service of findings and order -- Publication of resume --
Finality -- Review.
Following the conclusion of such hearing the authority shall adopt a plan with such
modifications, if any, it deems proper and necessary. Its findings and order shall be in
writing and copies thereof shall be served by United States mail upon all persons having
entered a written appearance at such hearing, and in the case of a state limited access
facility, the county commissioners of the county affected and the mayor of the city or
town affected. The authority shall also cause a resume of such plan to be published once
each week for two weeks in one or more newspapers of general circulation within such
county, city or town beginning not less than ten days after the mailing of such findings
and order. Such determination by the authority shall become final within thirty days after
such mailing unless a review is taken as hereinafter provided. In case of an appeal, the
order shall be final as to all parties not appealing.
[1965 ex.s. c 75 4.]

RCW 47.52.139
Local approval of plan -- Disapproval, request for review.
Upon receipt of the findings and order adopting a plan, the county, city, or town may
notify the department of transportation of its approval of such plan in writing, in which
event such plan shall be final.
In the event that a county, city, or town does not approve the plan, the county, city, or
town shall file its disapproval in writing with the secretary of transportation within thirty
days after the mailing thereof to such mayor or county commissioner. Along with the
written disapproval shall be filed a written request for a hearing before a board of review,
hereinafter referred to as the board. The request for hearing shall set forth the portions of
the plan of the department to which the county, city, or town objects, and shall include
every issue to be considered by the board. The hearing before a board of review shall be
governed by RCW 47.52.150 through 47.52.190, as now or hereafter amended.
[1977 ex.s. c 151 63; 1965 ex.s. c 75 5.]

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RCW 47.52.145
Modification of adopted plan without further public hearings, when.
Whenever after the final adoption of a plan for a limited access highway by the
transportation commission, an additional design public hearing with respect to the facility
or any portion thereof is conducted pursuant to federal law resulting in a revision of the
design of the limited access plan, the commission may modify the previously adopted
limited access plan to conform to the revised design without further public hearings
providing the following conditions are met:
(1) As compared with the previously adopted limited access plan, the revised plan will
not require additional or different right of way with respect to that section of highway
for which the design has been revised, in excess of five percent by area; and
(2) If the previously adopted limited access plan was modified by a board of review
convened at the request of a county, city, or town, the legislative authority of the
county, city, or town shall approve any revisions of the plan which conflict with
modifications ordered by the board of review.
[1981 c 95 2; 1977 c 77 1.]

RCW 47.52.150
State facility through city or town -- Board of review, composition and
appointment.
Upon request for a hearing before the board by any county, city, or town, a board
consisting of five members shall be appointed as follows: The mayor or the county
commissioners, as the case may be shall appoint two members of the board, of which
one shall be a duly elected official of the city, county, or legislative district, except that
of the legislative body of the county, city, or town requesting the hearing, subject to
confirmation by the legislative body of the city or town; the secretary of transportation
shall appoint two members of the board; and one member shall be selected by the
four members thus appointed. Such fifth member shall be a licensed civil engineer
or a recognized professional city or town planner, who shall be chairman of the
board. In the case both the county and an included city or town request a hearing, the
board shall consist of nine members appointed as follows: The mayor and the county
commission shall each appoint two members from the elective officials of their respective
jurisdictions, and of the four thus selected no more than two thereof may be members of a
legislative body of the county, city, or town. The secretary of transportation shall appoint
four members of the board. One member shall be selected by the members thus selected,
and such ninth member shall be a licensed civil engineer or a recognized city or town
planner, who shall be chairman of the board. Such boards as are provided by this section
shall be appointed within thirty days after the receipt of such a request by the secretary. In
the event the secretary or a county, city, or town shall not appoint members of the board
or members thus appointed fail to appoint a fifth or ninth member of the board, as the
case may be, either the secretary or the county, city, or town may apply to the superior
court of the county in which the county, city, or town is situated to appoint the member or
members of the board in accordance with the provisions of this chapter.
[1977 ex.s. c 151 64; 1963 c 103 3; 1961 c 13 47.52.150. Prior: 1959 c 242 3; 1957
c 235 7.]

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RCW 47.52.160
State facility through city or town -- Hearing -- Notice -- Evidence -- Determination
of issues.
The board shall fix a reasonable time not more than thirty days after the date of its
appointment and shall indicate the time and place for the hearing, and shall give notice
to the county, city, or town and to the department. At the time and place fixed for the
hearing, the state and the county, city, or town shall present all of their evidence with
respect to the objections set forth in the request for the hearing before the board, and if
either the state, the county, or the city or town fails to do so, the board may determine the
issues upon such evidence as may be presented to it at the hearing.
[1984 c 7 244; 1963 c 103 4; 1961 c 13 47.52.160. Prior: 1957 c 235 8.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.

RCW 47.52.170
State facility through city or town -- Hearing -- Procedure.
No witnesss testimony shall be received unless he shall have been duly sworn, and the
board may cause all oral testimony to be stenographically reported. Members of the
board, its duly authorized representatives, and all persons duly commissioned by it for
the purpose of taking depositions, shall have power to administer oaths; to preserve and
enforce order during such hearings; to issue subpoenas for, and to compel the attendance
and testimony of witnesses, or the production of books, papers, documents and other
evidence, or the taking of depositions before any designated individual competent to
administer oaths, and it shall be their duty so to do; to examine witnesses; and to do
all things conformable to law which may be necessary to enable them, or any of them,
effectively to discharge the duties of their office.
[1961 c 13 47.52.170. Prior: 1957 c 235 9.]

RCW 47.52.180
State facility through city or town -- Hearing -- Findings of board -- Modification of
proposed plan by stipulation.
At the conclusion of such hearing, the board shall consider the evidence taken and shall
make specific findings with respect to the objections and issues within thirty days after
the hearing, which findings shall approve, disapprove, or modify the proposed plan of the
department of transportation. Such findings shall be final and binding upon both parties.
Any modification of the proposed plan of the department of transportation made by the
board of review may thereafter be modified by stipulation of the parties.
[1977 ex.s. c 151 65; 1977 c 77 3; 1961 c 13 47.52.180. Prior: 1957 c 235 10.]

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RCW 47.52.190
State facility through city or town -- Hearing -- Assistants -- Costs -- Reporter.
The board shall employ such assistance and clerical help as is necessary to perform its
duties. The costs thereby incurred and incident to the conduct of the hearing, necessary
expenses, and fees, if any, of members of the board shall be borne equally by the
county, city, or town requesting the hearing and the department. When oral testimony is
stenographically reported, the department shall provide a reporter at its expense.
[1984 c 7 245; 1963 c 103 5; 1961 c 13 47.52.190. Prior: 1957 c 235 11.]
NOTES:

Severability -- 1984 c 7: See note following RCW 47.01.141.

RCW 47.52.195
Review and appeal on petition of abutter.
An abutting property owner may petition for review in the superior court of the state of
Washington in the county where the limited access facility is to be located. Such review
and any appeal therefrom shall be considered and determined by said court upon the
record of the authority in the manner, under the conditions and subject to the limitations
and with the effect specified in the Administrative Procedure Act, chapter 34.05 RCW, as
amended.
[1965 ex.s. c 75 6.]

RCW 47.52.200
Law enforcement jurisdiction within city or town.
Whenever any limited access highway facility passes within or through any incorporated
city or town the municipal police officers of such city or town, the sheriff of the county
wherein such city or town is situated and officers of the Washington state patrol shall
have independent and concurrent jurisdiction to enforce any violation of the laws of this
state occurring thereon: PROVIDED, The Washington state patrol shall bear primary
responsibility for the enforcement of laws of this state relating to motor vehicles within
such limited access highway facilities.
[1961 c 122 1.]

RCW 47.52.210
State facility within city or town -- Title to city or town streets incorporated
therein.
(1) Whenever the transportation commission adopts a plan for a limited access highway
to be constructed within the corporate limits of a city or town which incorporates
existing city or town streets, title to such streets shall remain in the city or town, and
the provisions of RCW 47.24.020 as now or hereafter amended shall continue to
apply to such streets until such time that the highway is operated as either a partially
or fully controlled access highway. Title to and full control over that portion of the
city or town street incorporated into the limited access highway shall be vested in
the state upon a declaration by the secretary of transportation that such highway is
operational as a limited access facility, but in no event prior to the acquisition of
right of way for such highway including access rights, and not later than the final
completion of construction of such highway.

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(2) Upon the completion of construction of a state limited access highway within a city
or town, the department of transportation may relinquish to the city or town streets
constructed or improved as a functional part of the limited access highway, slope
easements, landscaping areas, and other related improvements to be maintained
and operated by the city or town in accordance with the limited access plan. Title to
such property relinquished to a city or town shall be conveyed by a deed executed
by the secretary of transportation and duly acknowledged. Relinquishment of such
property to the city or town may be expressly conditioned upon the maintenance of
access control acquired by the state and the continued operation of such property as a
functional part of the limited access highway.
[1981 c 95 3; 1977 ex.s. c 78 3.]

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Appendix 17 Limited Access Highways WAC 468-58

Chapter 468-58 WAC

LIMITED ACCESS HIGHWAYS
Last Update: 12/20/89

WAC SECTIONS
468-58-010 Definitions.
468-58-020 Revision to limited access highway facilities.
468-58-030 Limited access highway -- Policies on commercial approaches, common carrier and school
bus stops, mail box locations and pedestrian crossings.
468-58-050 Prohibition of nonmotorized traffic on fully controlled limited access highways.
468-58-060 Regulations for bicyclists traveling in a group or caravan on partially controlled limited
access
468-58-080 Guide for control of access on crossroads and interchange ramps.
468-58-090 Guide for application of access control of state highways.
468-58-100 Guide for the application of modified access control on existing state highways.

DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER

468-58-040 Use of space beneath structures on limited access highways. [Statutory Authority: RCW 47.52.020
79-08-061 (Order 34), 468-58-040, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. 79-01-033
(DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-58-040, filed 12/20/78. Formerly
WAC 252-20-035.] Repealed by 81-19-052 (Order 65), filed 9/11/81. Statutory Authority: RCW
47.01.101(5) and 47.12.120.
468-58-070.Stalled or disabled vehicles as a danger to safety -- Removal. [Statutory Authority: 1977
ex.s. c 151.79-01-033 (DOT Order 10 and Comm. Order 1,Resolution No. 13), 468-58-
070, filed 12/20/78. Formerly WAC 252-20-045.] Repealed by 90-01-100 (Order 69), filed
12/20/89, effective 1/20/90. Statutory Authority: Chapter 34.05 RCW.
468-58-110 State Route 5.[Statutory Authority; 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm.
Order 1, Resolution 13) 468-58-110, filed 12/20/78. Formerly WAC 252-34A-030.]
Repealed by 84-05-044 (Order 88), filed 2/21/84. Statutory Authority; RCW 34.04.010.

WAC 468-58-010
Definitions.
The following definitions shall designate limited access highways and shall indicate the
control of access to be exercised by each:
(1) Fully controlled limited access highway is a highway where the right of owner or
occupants of abutting land or other persons to access, light, air, or view in connection
with the highway is controlled to give preference to through traffic by providing
access connections with selected public roads only, and by prohibiting crossings or
direct private driveway connections at grade.
(2) Partially controlled limited access highway is a highway where the right of
owner or occupants of abutting land or other persons to access, light, air, or view in
connection with the highway is controlled to give preference to through traffic to a
degree that, in addition to access connections with selected public roads, there may
be some crossings and some private driveway connections at grade. Commercial
approaches to partially controlled limited access highways are allowed only to

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frontage roads or by means of public road intersections. A partially controlled limited

access highway may be designed to provide for separation of a part or all road
crossings and the elimination of a part or all direct private driveway connections
under a stage plan of future construction.
(3) Modified controlled limited access highway is a highway where the right of
owner or occupants of abutting land or other persons to access, light, air, or view in
connection with the highway is controlled to give preference to through traffic to such
a degree that most approaches, including commercial approaches, existing and in use
at the time of the establishment, may be allowed.
(4) An expressway limited access highway is a partially controlled limited access
highway of four or more traffic lanes with the opposing lanes of travel separated by a
median strip of arbitrary width.
(5) A freeway limited access highway is a fully controlled limited access highway of
four or more traffic lanes with the opposing traffic lanes separated by a median strip
of arbitrary width.
[Statutory Authority: RCW 47.52.020. 79-08-061 (Order 34), 468-58-010, filed 7/23/
79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
Resolution No. 13), 468-58-010, filed 12/20/78. Formerly WAC 252-20-010.]

WAC 468-58-020
Revision to limited access highway facilities.
Subject to the requirements for public hearings, the transportation commission may adopt
revisions to duly established limited access highway facilities, or may delegate authority
for such revisions to the secretary of transportation. The secretary, at his discretion, may
further delegate such authority.
[Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and chapter 95, Laws of
1981. 81-19-088 (Order 27, Resolution No. 123), 468-58-020, filed 9/17/81. Statutory
Authority: RCW 47.52.020. 79-08-061 (Order 34), 468-58-020, filed 7/23/79. Statutory
Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution
No. 13), 468-58-020, filed 12/20/78. Formerly WAC 252-20-020.]

WAC 468-58-030
Limited access highways -- Policies on commercial approaches, common carrier
and school bus stops, mail box locations and pedestrian crossings.
(1) Fully controlled limited access highways:
(a) No commercial approaches shall be permitted direct access to main roadway
but only to frontage roads when these are provided in the access plan or to the
crossroads of interchanges outside the limits of full access control.
(b) No common carrier bus stops other than required by law shall be permitted
except at locations provided by the state on the interchanges or, in exceptional
cases, along the main roadway where pedestrian separation is available.
(c) School bus stops shall not be permitted except as in subparagraph (b) of this
subsection.
(d) No mail boxes shall be permitted except on frontage roads.
(e) Pedestrian crossings shall not be permitted at grade.
(2) Partially controlled limited access highways:

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(a) No commercial approaches shall be permitted except on frontage roads provided

in the access plan or at intersections.
(b) Bus stops for both common carriers and school buses shall not be permitted other
than as required by law on either two or four lane highways, except as follows:
(i) At locations of intersections, with necessary lanes to be constructed by the
state;
(ii) Where shoulder widening has been provided for mail delivery service;
(iii) For a designated school bus loading zone on the traveled lane or adjacent
thereto which has been approved by the department of transportation.
(c) Pedestrian grade crossings will be permitted only where a grade crossing
is provided, except that pedestrian crossings will be permitted on two lane
highways at mail box locations or at points designated for school children to
cross as provided in subparagraph (d) of this subsection.
(d) Pedestrian crossings are prohibited in the immediate vicinity of school bus
loading zones which are located adjacent to the traveled way. Pedestrian
crossings may be permitted:
(i) On two lane highways not less than one hundred feet from a school bus
loading zone adjacent to the traveled lane, if school district and department
of transportation personnel determine that stopping in the traveled lane is
hazardous.
(ii) On two lane highways at the school bus when stopped on the traveled lane to
load or unload passengers and the proper sign and signal lights displayed.
(e) School bus loading zones on partially controlled access highways shall be posted
with school bus loading zone signs, in accordance with the latest edition of the
Manual on Uniform Traffic Control Devices.
(f) The list of designated school bus loading zones approved by the department of
transportation will be kept on file and maintained by the headquarters traffic
engineer.
(g) Mail boxes shall be located on frontage roads or at intersections, with the
following exceptions for properties which are served by Type A or B approaches:
(i) Mail boxes for Type A or B approaches on a four lane highway shall be located
only on the side of the highway on which the approach is provided;
(ii) Mail boxes for Type A or B approaches on a two lane highway shall all be
located on that side of the highway which is on the right in the direction of the
mail delivery.
(3) Modified control limited access highways:
(a) Commercial approaches to modified controlled limited access highways may be
permitted only where and in the manner specifically authorized at the time the
plan is established and access rights are obtained.
(b) Bus stops and pedestrian crossings may be permitted as follows:
(i) In rural areas, bus stops and pedestrian crossings shall be subject to the same
restrictions as on partial controlled limited access highways.
(ii) In urban areas bus stops for both commercial carriers and school buses may
be permitted without restrictions other than those required by law.

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(c) Mail boxes may be located adjacent to or opposite all authorized approaches as
follows:
(i) Mail boxes on a four-lane highway shall be located only on the side of the
highway on which the approach is provided.
(ii) Mail boxes on a two-lane highway shall all be located on that side of the
highway which is on the right in the direction of the mail delivery.
[Statutory Authority: RCW 47.52.020. 79-08-061 (Order 34), 468-58-030, filed 7/23/
79. Statutory Authority: RCW 47.36.050. 79-08-060 (Order 33), 468-58-030, filed 7/23/
79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
Resolution No. 13), 468-58-030, filed 12/20/78. Formerly WAC 252-20-030.]

WAC 468-58-050
Prohibition of nonmotorized traffic on fully controlled limited access highways.
(1) All nonmotorized traffic shall be prohibited on state highways which have been
established and constructed as fully controlled limited access facilities, and signs
giving notice of such prohibition shall be posted upon all such highways.
(2) This prohibition of nonmotorized traffic on fully controlled limited access highways
shall not apply to:
(a) Pedestrian overcrossings and undercrossings or other facilities provided
specifically for the use of such traffic.
(b) Bicycles utilizing the right-hand shoulders; except where the secretary of
transportation or his designee has prohibited such use. Signs giving notice
of such prohibition shall be posted for those sections where such usage is
prohibited.
[Statutory Authority: RCW 47.52.025 and 46.61.160. 82-01-029 (Order 70), 468-
58-050, filed 12/14/81. Statutory Authority: RCW 47.36.050. 80-05-027 (Order 53),
468-58-050, filed 4/15/80. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order
10 and Comm. Order 1, Resolution No. 13), 468-58-050, filed 12/20/78. Formerly
WAC 252-20-040.]

WAC 468-58-060
Regulations for bicyclists traveling in a group or caravan on partially controlled
limited access highways.
(1) Riding single file on the usable shoulder is encouraged.
(2) Care and caution as well as compliance with rules of the road and traffic control
devices - signs, signals and markings shall be exercised by bicycle operators when
traveling upon state highways.
(3) No person operating a bicycle shall stop on a bridge or other structure, except on
a sidewalk or other area not less than three feet wide separated from the traveled
roadway by a painted stripe or a physical barrier.
(4) When traveling in a large group, caravan or expedition, the size of travel units shall
be limited to a maximum of six bicyclists per unit.
(5) The maximum number of units in a group, caravan or expedition shall not exceed
twenty-five.

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 Limited Access Highway WAC 468-58

(6) Travel units of bicyclists shall maintain a minimum spacing between travel units of
500 feet to provide passing opportunities for motor vehicle operators.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
Resolution No. 13), 468-58-060, filed 12/20/78. Formerly WAC 252-20-060.]

WAC 468-58-080
Guides for control of access on crossroads and interchange ramps.
(1) Fully controlled highways, including interstate.
(a) There shall be no connections to abutting property or local service or frontage
roads within the full length of any off or on interchange ramp from a fully
controlled limited access highway. Such ramp shall be considered to terminate
at its intersection with the local road which undercrosses or overcrosses the
limited access facility, provided that in urban areas off and on ramps may
be terminated at local streets other than crossroads where necessary to service
existing local traffic.
(b) There shall be no direct connections from the limited access facility in rural areas
to local service or frontage roads except through interchanges.
(c) In both urban and rural areas access control on a fully controlled highway shall
be established along the crossroad at an interchange for a minimum distance of
three hundred feet beyond the centerline of the ramp or terminus of transition
taper. If a frontage road or local road is located in a generally parallel position
within three hundred fifty feet of a ramp, access control should be established
along the crossroad and in addition for a minimum distance of one hundred thirty
feet in all directions from the center of the intersection of the parallel road and
crossroad.
(d) Full control of access should be provided along the crossroad from the centerline
of a ramp or terminus of a transition taper for a minimum distance of three
hundred feet. Upon determination by the department, full control of access
may be provided for the first one hundred thirty feet from the centerline of the
ramp or terminus of a transition taper and partial control or modified control of
access may be provided for the remainder of the distance to the frontage road
or local road for a total minimum distance for the two types of control of three
hundred feet. Type A, B, C, D and E road approaches, as defined hereafter under
subsection (3) of this section, general, may be permitted on that portion of the
crossroad on which partial or modified control of access is established.
(2) Partially controlled highways.
(a) There shall be no connections to abutting property or local service or frontage
roads within the full length of any off or on interchange ramp from a
partially controlled limited access highway. Such ramp shall be considered to
terminate at its intersection with the local road which undercrosses or overcrosses
the limited access facility, provided that in urban areas off and on ramps may
be terminated at local streets other than crossroads where necessary to service
existing local traffic.

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Limited Access Highway WAC 468-58

(b) In both urban and rural areas access control on a partially controlled highway
shall be established along the crossroad at an interchange for a minimum distance
of three hundred feet beyond the centerline of the ramp or terminus of transition
taper. If a frontage road or local road is located in a generally parallel position
within three hundred fifty feet of a ramp, access control should be established
along the crossroad and in addition for a minimum distance of one hundred thirty
feet in all directions from the center of the intersection of the parallel road and
crossroad.
(c) Access control limits at the crossroads on a partially controlled highway should
be established along the crossroad at a grade intersection for a minimum distance
of three hundred feet from the centerline of the nearest directional roadway. If a
parallel road is located within three hundred fifty feet of said grade intersection,
access control should be established along the crossroad and in addition for a
minimum distance of one hundred thirty feet in all directions from the center
of the intersection of the parallel road and crossroad. Type D and E approaches
may be permitted closer than one hundred thirty feet from the center of the
intersection only when they already exist and cannot reasonably be relocated.
(d) Access control limits at intersections on modified control highways should be
established along the cross road for a minimum distance of one hundred thirty
feet from the centerline of a two-lane highway or for a minimum of one hundred
thirty feet from centerline of the nearest directional roadway of a four-lane
highway. Type D and E approaches should be allowed within this area only when
no reasonable alternative is available.
(3) General.
(a) Access control may be increased or decreased beyond or under the minimum
requirements to fit local conditions if so determined by the department.
(b) Type A, B, C, D and E approaches are defined as follows:
(i) Type A approach. Type A approach is an off and on approach in legal manner,
not to exceed thirty feet in width, for sole purpose of serving a single family
residence. It may be reserved by abutting owner for specified use at a point
satisfactory to the state at or between designated highway stations.
(ii) Type B approach. Type B approach is an off and on approach in legal manner,
not to exceed fifty feet in width, for use necessary to the normal operation
of a farm, but not for retail marketing. It may be reserved by abutting owner
for specified use at a point satisfactory to the state at or between designated
highway stations.
(iii) Type C approach. Type C approach is an off and on approach in legal manner,
for special purpose and width to be agreed upon. It may be specified at a point
satisfactory to the state at or between designated highway stations.
(iv) Type D approach is an off and on approach in a legal manner not to exceed
fifty feet in width for use necessary to the normal operation of a commercial
establishment. It may be specified at a point satisfactory to the state at or
between designated highway stations.
(v) Type E approach is a separated off and on approach in a legal manner, with
each opening not exceeding thirty feet in width, for use necessary to the
normal operations of a commercial establishment. It may be specified at a
point satisfactory to the state at or between designated highway stations.

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 Limited Access Highway WAC 468-58

(c) Under no circumstances will a change in location or width of an approach be

permitted unless approved by the secretary. Noncompliance or violation of these
conditions will result in the immediate closure of the approach.
(d) Commercial approaches shall not be permitted within the limits of access control
except where modified access control has been approved by the department.
(e) All access control shall be measured from the centerline of the ramps, crossroads
or parallel roads or from the terminus of transition tapers. On multiple lane
facilities measurement shall be from the centerline of the nearest directional
roadway.

Place illustration here.

Place illustration here.

Place illustration here.

[Statutory Authority: RCW 47.01.101(5). 87-15-021 (Order 109), 468-58-080, filed

7/8/87. Statutory Authority: RCW 47.52.020. 79-08-061 (Order 34), 468-58-080, filed
7/23/79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm.
Order 1, Resolution No. 13), 468-58-080, filed 12/20/78. Formerly WAC 252-20-051.]

WAC 468-58-090
Guides for application of access control of state highways.
(1) Fully controlled limited access highways:
(a) All interstate highways shall require full access control.

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Limited Access Highway WAC 468-58

(b) All principal arterial highways requiring four or more through traffic lanes within
a twenty-year design period, shall require full control of access, unless approved
for partial or modified access control on existing highways by the secretary of
transportation or his designee.
(2) Partially controlled limited access highways:
(a) Principal arterial highways requiring two through traffic lanes where the
estimated traffic volumes exceed three thousand average daily traffic within
a twenty-year design period shall require partial control of access, unless
approved for modified access control on existing highways by the secretary of
transportation or his designee.
(b) Rural minor arterial highways on both new and existing location and urban
minor arterial highways on new location, requiring four or more through traffic
lanes within a twenty- year design period, or requiring only two through traffic
lanes where the estimated traffic volumes exceed three thousand average daily
traffic within a twenty-year design period, shall require partial control of access;
however, modified access control may be applied on existing location when
approved by the secretary of transportation or his designee.
(c) Collector highways on new location requiring four or more through traffic lanes
in a twenty-year design period shall require partial control of access.
(d) Other rural minor arterial highways with only two lanes may be considered for
partial or modified control of access if the control can be acquired at a reasonable
cost; if the route connects two highways of a higher classification; if the potential
land development would result in numerous individual approaches such as may
be encountered in a recreational area; or if the highway traverses publicly owned
lands where access control seems desirable.
(e) Partial access control will not normally be used in urban areas, or inside
corporate limits on existing principal arterial or minor arterial highways where
traffic volumes are less than seven hundred design hour volume if required
levels of urban service, including operating speeds, can be maintained for the
estimated traffic under existing and estimated future conditions, including traffic
engineering operational improvements. If not, the route should be relocated or
reconstructed in accordance with the modified or partial access control standards.
(f) Existing collector highways will normally be considered for access control only
where all of the following conditions apply:
(i) The highway serves an area which is not directly served by a higher class of
highway.
(ii) Existing or planned development will result in traffic volumes significantly
higher than the warrants for access control on minor arterials.
(iii) Partial or modified access control may be established without a major impact
on development of abutting properties within the constraints of zoning
established at the time access control is proposed.
(g) Termini of access control sections should be at apparent logical points of design
change.

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Page 8 September 2005
 Limited Access Highway WAC 468-58

(3) Modified access control - Access control on existing highways:

(a) Modified access control may be established on existing highways. The degree
of control applied will be such that most approaches, including commercial
approaches, existing and in use at the time of the establishment, may be allowed.
Commercial approaches for future development may also be considered in order
to avoid economic land locking. No commercial approaches will be allowed
other than those included in the plan at the time access control is established and
access rights are acquired.
(b) Selection of facilities on which modified access control will be applied, will be
based upon a design analysis considering but not limited to traffic volumes, level
of service, route continuity, population density, local land use planning predicted
growth rate established by the planning agency having jurisdiction, economic
analysis, and safety. A comparison of these factors based on modified access
control versus full or partial control shall be the basis of the decision by the
secretary of transportation or his designee to establish modified access control on
a section or sections of highway.
(c) Where modified access control is to be established on existing highways,
commercial areas may be excepted from control when all or most of the abutting
property is developed to the extent that few, if any, additional road approaches
would be required with full development of the area. Such exceptions will not
normally extend to corporate limits or to urban area boundaries.
Nothing in this policy should be construed to prevent short sections of full,
partial, or modified control of access where unusual topographic, land use, or
traffic conditions exist. Special design problems should be dealt with on the basis
of sound engineering-economic principles.
Because specific warrants cannot be logically or economically applied in every
circumstance, exceptions may be considered upon presentation to the secretary of
transportation or his designee of justification for reasonable deviation from this
policy.
[Statutory Authority: RCW 47.52.020. 79-08-061 (Order 34), 468-58-090, filed 7/23/
79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
Resolution No. 13), 468-58-090, filed 12/20/78. Formerly WAC 252-20-080.]

WAC 468-58-100
Guides for the application of modified access control on existing state highways.
(1) Definitive standards for road approaches on modified access controlled highways
shall be as follows:
(a) The type of approach for each parcel shall be commensurate with the present and
potential land use and be based on appraisals which consider the following:
(i) Local comprehensive plans, zoning and land use ordinances.
(ii) Property covenants and/or agreements.
(iii) City or county ordinances.
(iv) The highest and best use of the property.
(v) Highest use and best use of adjoining lands.
(vi) Change in use by merger of adjoining ownerships.

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Limited Access Highway WAC 468-58

(vii)All other factors bearing upon proper land use of the parcel.
(b) The type of approaches* to be considered are:
(i) Type A (residential).
(ii) Type B (farm).
(iii) Type C (special use).
(iv) Type D (commercial single 50 feet width).
(v) Type E (commercial double 30 feet width).
(c) Once established, the type, size and location of the approach may be modified by
the secretary of transportation or his designee.
(d) When Type D or E approaches have been established, interim use of Type A or B
approaches will be allowed.
(2) Design. The number and location of approaches on a modified access control
highway shall be carefully planned to provide a safe highway compatible with present
and potential land use. The following will be applied:
(a) Parcels which have access to another public road or street as well as frontage on
the highway will not normally be allowed direct access to the highway.
(b) Approaches located in areas where sight limitations create undue hazard shall be
relocated or closed.
(c) The number of access openings shall be held to a minimum. Access openings are
limited to one approach for each parcel of land with the exception of extensive
frontages where one approach is unreasonable or for Type E approaches which
feature separate off and on approaches.
(d) Joint use of access approaches shall be considered, where feasible.
(e) New approaches will be considered at the time of plan adoption to prevent a
physical landlock by reason of access taking.
(f) Existing access points not meeting the test of these rules as described in this
section, will be closed.
*Refer to WAC 468-58-080 for definitions.
Statutory Authority: RCW 47.52.020. 79-08-061 (Order 34), 468-58-100, filed 7/23/79.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
Resolution No. 13), 468-58-100, filed 12/20/78. Formerly WAC 252-20-090.]

Appendix 17 Development Services Manual M 3007.00

Page 10 September 2005
Appendix 18 Limited Access Hearings

Chapter 468-54 WAC

LIMITED ACCESS HEARINGS
Last Update: 8/27/91

WAC SECTIONS
468.54.010 Definitions.
468.54.020 Establishment of limited access facilities -- Initiation.
468.54.040 Notice of hearing.
468.54.050 Conduct of hearing.
468.54.065 Hearing officer.
468.54.070 Hearing -- Finding or order --Finality.
468.54.080 Copies of transcripts of limited access hearings.

DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER

468.54.030 Initiation of proposal by department of transportation. [Statutory Authority: 1977 ex.s. c 151. 79-01- ....
033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-54-030, filed 12/20/78. Formerly
WAC 252-06-040.] Repealed by 81-19-088 (Order 27, Resolution No. 123), filed 9/17/81. Statutory
Authority: RCW 47.52.133, 47.52.145, 47.52.210 and chapter 95, Laws of 1981.
WAC 468-54-010
Definitions.
As used in these rules:
(1) Fully controlled limited access highway is a highway where the right of owner or
occupants of abutting land or other persons to access, light, air or view in connection
with the highway is controlled to give preference to through traffic by providing
access connections with selected public roads only, and by prohibiting crossings or
direct private driveway connections at grade.
(2) Partially controlled limited access highway is a highway where the right of
owner or occupants of abutting land or other persons to access, light, air or view in
connection with the highway is controlled to give preference to through traffic to a
degree that, in addition to access connections with selected public roads, there may
be some crossings and some private driveway connections at grade. Commercial
approaches to partially controlled limited access highways are allowed only to
frontage roads or by means of public road intersections. A partially controlled limited
access highway may be designed to provide for separation of a part or all road
crossings and the elimination of a part or all direct private driveway connections
under a stage plan of future construction.
(3) Modified controlled limited access highway is a highway where the right of
owner or occupants of abutting land or other persons to access, light, air, or view in
connection with the highway is controlled to give preference to through traffic to such
a degree that most approaches, including commercial approaches, existing and in use
at the time of the establishment, may be allowed.
(4) An expressway limited access highway is a partially controlled limited access
highway of four or more traffic lanes with the opposing lanes of travel separated by a
median strip of arbitrary width.

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Limited Access Hearing

(5) A freeway limited access highway is a fully controlled limited access highway of
four or more traffic lanes with the opposing traffic lanes separated by a median strip
of arbitrary width.
(6) Party is any person, county, city or town who is entitled to notice of a limited access
hearing and who has entered a written appearance at the hearing.
[Statutory Authority: RCW 47.52.020. 79-08-059 (Order 32), 468-54-010, filed 7/23/
79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
Resolution No. 13), 468-54-010, filed 12/20/78. Formerly WAC 252-06-010.]

WAC 468-54-020
Establishment of limited access facilities -- Initiation.
Proceedings to establish a limited access facility may be initiated by interested
persons owning property in the vicinity of the proposed facility or by the department
of transportation. If the secretary of transportation ascertains that there is merit in the
proposal, he will prepare an order designating the portion of the highway, road or street
where the limited access highway may be established. When a public hearing is required,
the secretary shall by order fix the date and place where the proposal may be heard.
[Statutory Authority: RCW 47.01.071. 91-18-023 (Order 73), 468-54-020, filed 8/27/
91, effective 9/27/91. Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and
chapter 95, Laws of 1981. 81-19-088 (Order 27, Resolution No. 123), 468-54-020, filed
9/17/81. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm.
Order 1, Resolution No. 13), 468-54-020, filed 12/20/78. Formerly WAC 252-06-030.]

WAC 468-54-040
Notice of hearing.
Notice of the proposal to establish a limited access highway facility shall be given to
the owners of property abutting the section of any existing highway being established
as a limited access facility, as indicated in the tax rolls of the county and to the county
and/or city or town in which the facility is proposed to be established. The notice shall
be by United States mail setting forth a time and place for the hearing to be held not less
than fifteen days after mailing the notice. Notice of such hearing shall also be published
not less than fifteen days prior to the hearing in one or more newspapers of general
circulation within such county, city or town. Such notice shall indicate a suitable location
where plans for such proposal may be inspected. Notice given as herein provided shall
be deemed sufficient as to any owner or reputed owner or any unknown owner or owner
who cannot be located and to the county, city or town. A single hearing may be held for
a proposed facility which is located in more than one county, city or town, provided that
notice is given to each county, city or town.
Statutory Authority: RCW 47.01.071. 91-18-023 (Order 73), 468-54-040, filed 8/27/91,
effective 9/27/91. Statutory Authority: RCW 47.52.020. 79-08-059 (Order 32), 468-
54-040, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10
and Comm. Order 1, Resolution No. 13), 468-54-040, filed 12/20/78. Formerly WAC
252-06-050.]

Appendix 18 Development Services Manual M 3007.00

Page 2 September 2005
 Limited Access Hearing

WAC 468-54-050
Conduct of hearing.
At such hearing the secretary of transportation shall preside, or the secretary may
designate some suitable person to preside as examiner. The hearing may, at the option of
the secretary, be conducted in accordance with federal laws and regulations governing
highway design public hearings. The department shall introduce by competent evidence
a summary of the proposal for the establishment of a limited access facility and any
evidence that supports the adoption of the plan as being in the public interest. At the
conclusion of the evidence presented by the department, evidence and statements or
counterproposals bearing upon the reasonableness of the proposal may be introduced.
Such evidence must be material to the issues before the secretary and shall be presented
in an orderly manner. Any such evidence and statements or counterproposals shall receive
reasonable consideration by the secretary before any proposal is adopted.
[Statutory Authority: RCW 47.01.071. 91-18-023 (Order 73), 468-54-050, filed 8/27/91,
effective 9/27/91. Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and chapter 95,
Laws of 1981. 81-19-088 (Order 27, Resolution No. 123), 468-54-050, filed 9/17/81. Statutory
Authority: RCW 47.52.020. 79-08-059 (Order 32), 468-54-050, filed 7/23/79. Statutory
Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13),
468-54-050, filed 12/20/78. Formerly WAC 252-06-060.]

WAC 468-54-065
Hearing officer.
The secretary of transportation may designate any suitable person as examiner with
respect to hearings on any limited access proposal. Subject to later review and ruling by
the secretary, such examiner may:
(1) Examine witnesses, and receive evidence;
(2) Admit evidence which possesses probative value commonly accepted by reasonable,
prudent men in the conduct of their affairs, giving effect to the rules of privilege
recognized by law and excluding incompetent, irrelevant, immaterial and unduly
repetitious evidence;
(3) Rule on offers of proof and receive relevant evidence;
(4) Regulate the course of the hearing;
(5) Hold conferences for the settlement or simplification of the issues by consent of the
parties;
(6) Dispose of procedural requests or similar matters;
(7) Accept statements as to the reasonableness of the proposal; and
(8) Establish time limits for speakers, when necessary to assure that all persons attending
will have an opportunity to present relevant and material statements without undue
repetition.
[Statutory Authority: RCW 47.01.071. 91-18-023 (Order 73), 468-54-065, filed 8/27/
91, effective 9/27/91. Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and
chapter 95, Laws of 1981. 81-19-088 (Order 27, Resolution No. 123), 468-54-065, filed
9/17/81. Statutory Authority: RCW 47.52.020. 79-08-059 (Order 32), 468-54-065, filed
7/23/79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm.
Order 1, Resolution No. 13), 468-54-065, filed 12/20/78. Formerly WAC 252-06-065.]

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Limited Access Hearing

WAC 468-54-070
Hearing -- Findings or order -- Finality.
At the conclusion of such hearing the secretary of transportation shall consider the
evidence taken at such hearing and shall make specific findings in the case of each
proposal or counterproposal and shall adopt a plan with such modifications, if any, he
deems proper and necessary. The secretary may order the adoption of any proposal or
counterproposal in its entirety or in part, or may modify or reject any such proposal
or counterproposal. The secretarys findings or order shall be in writing and copies
thereof shall be served by United States mail upon all persons having entered a written
appearance at such hearing and upon the county commissioners of the county affected
and/or the mayor of the city or town affected. The secretary shall also cause a resume of
such plan to be published once each week for two weeks in one or more newspapers of
general circulation within such county, city or town beginning not less than ten days after
the mailing of such findings and order. Such determination by the secretary shall become
final within thirty days after such mailing unless a review is taken as by statute provided.
In case of an appeal by any party the order shall be final as to all parties not appealing.
[Statutory Authority: RCW 47.01.071. 91-18-023 (Order 73), 468-54-070, filed 8/27/
91, effective 9/27/91. Statutory Authority: RCW 47.52.133, 47.52.145, 47.52.210 and
chapter 95, Laws of 1981. 81-19-088 (Order 27, Resolution No. 123), 468-54-070, filed
9/17/81. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm.
Order 1, Resolution No. 13), 468-54-070, filed 12/20/78. Formerly WAC 252-06-070.]
WAC 468-54-080
Copies of transcripts of limited access hearings.
Copies of transcripts and other hearing documents may be obtained from the headquarters
office of the department of transportation. Charges for such copies shall be at the rates
established for copying other public records of the department, as authorized by RCW
42.17.300. An additional charge may be imposed for certifying to any copy furnished.
[Statutory Authority: RCW 47.52.020. 79-08-059 (Order 32), 468-54-080, filed 7/23/
79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
Resolution No. 13), 468-54-080, filed 12/20/78. Formerly WAC 252-06-100.]

Appendix 18 Development Services Manual M 3007.00

Page 4 September 2005
 Application for Access Connection

Appendix 19 Application For Access Connection

Application for Access Connection

For Department Use Only

Preapplication Conceptual View? Yes N/A Nonconforming Connection? Yes No Variance

Category I - Minimum Connection Category II - Minor Connection
Field (Agricultural), Forest Lands, Less than 1,000 AWDVTE ($1,000)
Utility Operation and Maintenance ($50) 1,000 to 1,500 AWDVTE ($1,500)
Each Residential Dwelling unit (up to 10 units) Fee per additional connection point ($250)
utilizing a single connection point ($50 each)
Other, with 100 AWDVTE or less ($500)
Fee per additional connection point ($50)

Category III - Major Connection Category IV - Temporary Connection

1,500 to 2,500 AWDVTE ($2,500) Base Fee per connection ($100)
Over 2,500 AWDVTE ($4,000)
Fee per additional connection point ($1,000)
Includes Median Opening
Proposed Use

State Highway Number Mile Post County

1/4 of the 1/4 Section Township Range E/W

Fees in the amount of $ are paid herewith to defray the basic administrative expense incident to the processing
of this application according to WAC 468-51, RCW Chapter 47.50, and/or RCW Chapter 47.32, and amendments thereto.
The applicant further promises to pay additional amounts as shall be billed, if any, in reimbursement of the actual costs of the
Department.
The undersigned submits said application and accepts the conditions as set forth.
Applicant, Owner (Print Full Name)
Checks or Money Orders are to be made payable to
Washington State Department of Transportation
Address

City State Zip Code

For Consultant Use Only
Consulting Firm

Telephone Number
Address

Applicant Authorized Signature

City State Zip Code

Print or Type Name Telephone Number

Title Consultants Representative

Federal Tax ID No. or Soc. Sec. No. (Optional) Print or Type Name

Title
Dated this day of ,
DOT Form 224-694 EF
Revised 7/99

Development Services Manual M 3007.00 Appendix 19

September 2005 Page 1
Application for Access Connection

Appendix 19 Development Services Manual M 3007.00

Page 2 September 2005
 Access Connection Permit (Form 224-005) and Example Including Exhibits

Access Connection Permit

(Form224-005) and Example
Appendix 20 Including Exhibits

Development Services Manual M 3007.00 Appendix 20

September 2005 Page 1
Access Connection Permit (Form 224-005) and Example Including Exhibits

Appendix 20 Development Services Manual M 3007.00

Page 2 September 2005
 Access Connection Permit (Form 224-005) and Example Including Exhibits

Development Services Manual M 3007.00 Appendix 20

September 2005 Page 3
Access Connection Permit (Form 224-005) and Example Including Exhibits

Appendix 20 Development Services Manual M 3007.00

Page 4 September 2005
 Access Connection Permit (Form 224-005) and Example Including Exhibits

Development Services Manual M 3007.00 Appendix 20

September 2005 Page 5
Access Connection Permit (Form 224-005) and Example Including Exhibits

Appendix 20 Development Services Manual M 3007.00

Page 6 September 2005
 Access Connection Permit (Form 224-005) and Example Including Exhibits

Development Services Manual M 3007.00 Appendix 20

September 2005 Page 7
Access Connection Permit (Form 224-005) and Example Including Exhibits

Appendix 20 Development Services Manual M 3007.00

Page 8 September 2005
 Access Connection Permit (Form 224-005) and Example Including Exhibits

Development Services Manual M 3007.00 Appendix 20

September 2005 Page 9
Access Connection Permit (Form 224-005) and Example Including Exhibits

Appendix 20 Development Services Manual M 3007.00

Page 10 September 2005
Appendix 21 To Be Inserted in Future
To Be Inserted in Updates
Future Updates

Development Services Manual M 3007.00 Appendix 21

September 2005 Page 1
To Be Inserted in Future Updates

Appendix 21 Development Services Manual M 3007.00

Page 2 September 2005
 Sample Cover Letters When Sending Access Connection Permit Forms

Sample Cover Letters

When Sending Access
Appendix 22 Connection Permit Forms

Date Example
Owner
Address
City, WA ZIP

RE: Access Connection Permit XXXXX

SR XXX, MP X.XX RT

Dear Owner:

This letter approves your request for a Category I road approach to serve your residential
parcel of land at the above-referenced location. Current regulations mandate that this
connection be improved to WSDOT standards. Please see the attached Exhibit C for
construction and paving details.

In order to complete this permit, please submit the following materials to our office within 30 days:

The two (2) signed copies of the permit

A surety bond in the amount of $X,000

We will then fully execute the permits and return one to you for your records. Your permit will
become effective the day that it is signed by the Washington State Department of Transportation.

If we can be of any assistance, please contact WSDOT representative at (XXX) XXX-XXXX.

Sincerely,

Approving authoritys name

Title

cc: Area Maintenance

File: AC permit

Development Services Manual M 3007.00 Appendix 22

September 2005 Page 1
Sample Cover Letters When Sending Access Connection Permit Forms

EXAMPLE

DATE

OWNER
ADDRESS
CITY, STATE ZIPCODE

SUBJECT: STATE ROUTE MILEPOST RTE.

ACCESS CONNECTION PERMIT NUMBER

Dear OWNER:

Enclosed is the fully executed copy of the referenced access permit for constructing and maintaining
a driveway for a (PROPOSED LAND USE). Also attached is a copy of the $XXXX.XX Surety
Bond No. XXXXX with (NAME OF SURETY BONDING COMPANY) for your records.

Please note that it will be necessary to hold a pre-construction meeting with our (LOCATION)
Maintenance Office prior to commencing any construction activity for the subject driveway. Please
contact (WSDOT REPRESENTATIVE) at (XXX) XXX-XXXX to arrange for this meeting.

The construction of this facility should start within 90 days and be completed within 120 days of
issuance of this permit. If an extension is needed, please contact our office.

If you have any questions or need additional information, please contact (WSDOT
DEVELOPMENT SERVICES REPRESENTATIVE) at XXX-XXX-XXXX of our Developer
Services section.

Sincerely,

Approving Authoritys Name

Title

cc: Maintenance Area MS

Enclosure

Appendix 22 Development Services Manual M 3007.00

Page 2 September 2005
 Sample Cover Letters When Sending Access Connection Permit Forms

INSTRUCTIONS

Prior to constructing or reconstructing an approach to a State Highway in the State of Washington

you are required by RCW 47.32 to obtain a permit from the Department of Transportation.
The permit must be in the name of the property owner where the approach is located. No work
is authorized on the approach until a permit has been granted and fully executed by both the
Department and the property owner.
To assist in processing your request, please fill out the application completely and include all
of the following data:
1. Legal description of your complete parcel, including the county tax parcel number, and
described to at least the 1/16 Section (quarter of the quarter).
2. Proof of property ownership or easement (e.g. copy of County Property Tax Statement,
Real Estate Contract, Warranty Deed, etc.
3. Description of intended use of the property AND a site plan.
4. One or more of the following:
a. Approved building permit.
b. Approved short plat or subdivision.
c. Environmental clearance or approval.
d. Any other approvals obtained.
5. Drainage plan with calculations, if available.
The location of the proposed approach shall be marked in the field in order to assist the
Departments personnel in their review.
The Department prefers that no direct access to a State Highway be provided if the parcel has
access to another road. We encourage adjacent properties to obtain a joint permit for access to
a common point.
Because of the increased traffic on all State Highways, we are reviewing each approach application
and may recommend that the approach location be moved to provide the safest location for both
the applicant and the traveling public.
If you have any questions please call Olympic Region Development Services in Tumwater at
(360) 357-2644.
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
* * * * * * * * * * * * * * * * * * * * * * * * * * *
Send the completed application and additional data to the Department of Transportation
at the address indicated below:
W.S.D.O.T. Olympic Region
Development Services
P. O. Box 47440
Olympia, WA 98504-7440

Development Services Manual M 3007.00 Appendix 22

September 2005 Page 3
Sample Cover Letters When Sending Access Connection Permit Forms

Appendix 22 Development Services Manual M 3007.00

Page 4 September 2005
 Example Road Approach Installation Checklist

Appendix 23 Example Road Approach

Installation Checklist

ROAD APPROACH INSTALLATION CHECKLIST

Permit Number CS SR Area _____________

Maintenance Superintendent

PERMIT HOLDER

Representatives Name PHONE

Contractor

DATE reviewed

DATE Started

DATE Completed

DATE PERMIT HOLDER contacted States representative before beginning work

NAME OF STATE REPRESENTATIVE

Remarks

DATE paving BEGAN

ENDED

Remarks

BUILT according to the permit

LOCATION PER PERMIT

Remarks

EVALUATE THE QUALITY OF WORK

Remarks

*NOT BUILT according to the permit

Remarks

Field Review and remarks by : Date:

PLEASE RETURN TO REGIONAL PLANNING OFFICE WHEN COMPLETE.
*** Please add any comments or attachments needed for permanent documentation of this approach.
*** If the approach is not completed, please list the dates the PERMIT HOLDER was contacted, brief
description of conversation, and pictures of approach.

rev. 10/99

Development Services Manual M 3007.00 Appendix 23

September 2005 Page 1
Example Road Approach Installation Checklist

Appendix 23 Development Services Manual M 3007.00

Page 2 September 2005
 Bond forms, Assignment of Savings Account Certificate
of Deposit Form, And Example Bond Release Letter
Bond forms, Assignment of Savings
Account Certificate Of Deposit Form,
Appendix 24 And Example Bond Release Letter

ASSIGNMENT OF SAVINGS/CERTIFICATE OF DEPOSIT

This assignment is for the purpose of fulfilling the requirement of bonding

collateral for Permit ____________________. The undersigned does hereby assign,
transfer, and set over unto the State of Washington all right, title and interest in and to
_____________________ on____________(Account No.) in the ____________________
Branch, _________________ Bank, in the name of ______________________________,
with full power and authority to demand, collect, and receive said deposit and to give
receipt and acquaintance therefore for the uses and purposes prescribed above. It is
understood and agreed that _______________________Branch,
Bank holds the Certificate covering said account in its possession and agrees to hold
_________________ until a release of this assignment from the State of Washington is
received. The interest shall be payable to
______________________________.
Signed and dated at _________________________, Washington this ____________
day of ______________________, 200_.
__________________________________
Signature
__________________________________
Address

ACCEPTANCE
The undersigned hereby accepts the foregoing Assignment of Savings Account/
Certificate of Deposit or Certificate Number ______________________, in the amount of
this __________ day of ___________________________, 200_.
__________________________________
Bank
__________________________________
Signature
__________________________________
Title
Requested by Washington State Department of Transportation in lieu of surety bond.
___________________
Troy A. Suing, P.E.
(509) 577-1630

Development Services Manual M 3007.00 Appendix 24

September 2005 Page 1
Bond forms, Assignment of Savings Account Certificate
of Deposit Form, And Example Bond Release Letter

Example
Date

Bonding Company
Address
City, State + ZIP

ATTN: XXXX XXXX

RE: Access Connection permit XXXXX - Account Number XXX-XXXXXX-X

SR XXX MP X.XX, owners name

Dear Bonding Company name,

The intent of this letter is to notify you that the work on the above referenced access
connection has been completed to the departments satisfaction.

We are hereby requesting the release of the above referenced Certificate of Deposit and/or
Surety bond.

If you should have any questions please feel free to contact me at (XXX) XXX-XXXX.

Thank you in advance for your time.

Sincerely,

XXXXX
Region Planning office

cc: owner

Appendix 24 Development Services Manual M 3007.00

Page 2 September 2005
 Bond forms, Assignment of Savings Account Certificate
of Deposit Form, And Example Bond Release Letter

Individual Bond for

Franchise and Permit
Bond No.
KNOW ALL MEN BY THESE PRESENTS: That we,
of County as Principal, and

as Surety, are jointly and severally bound unto the STATE OF WASHINGTON
in the sum of DOLLARS, for payment of which to the State of Washington,
we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns, firmly by these presents.

WHEREAS, the Principal in pursuance of its operations has filed with the Washington State Department of Transportation,
under the provisions of Chapter 47.50 RCW and/or Chapter 47.32 RCW and/or Chapter 47.44 RCW and amendments
thereto, applications for franchise/permit number on a portion of State Route No. in
County, Washington.

NOW, THEREFORE, the condition of this obligation is such that if all the conditions of said franchise/permit, including the proper
restoration of slopes, slope treatment, topsoil, landscape treatment, drainage facilities, and cleanup of right of way, are complied with
according to the terms contained in said franchise/permit by said Principal, through a period in accordance with Chapter 468.34.020 (3)
WAC and upon receipt of a written discharge from the State, then this obligation shall become null and void; otherwise, this bond to
remain in full force and effect.

WITNESS our hands and seals this day of , .

NOTE: Please type or print below the signatures Principal:

the names of parties executing this bond, together with
official title of each. Address:

Telephone:

By:

Title:

Surety:
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION Address:

Telephone:
By:

Title:
By:

Date: Title:

DOT Form 224-048 EF

Revised 6/95

Development Services Manual M 3007.00 Appendix 24

September 2005 Page 3
Bond forms, Assignment of Savings Account Certificate
of Deposit Form, And Example Bond Release Letter

Individual Bond
for Agreement
Bond No.
KNOW ALL MEN BY THESE PRESENTS: That we,
of County as Principal, and

as Surety, are jointly and severally bound unto the STATE OF WASHINGTON
in the sum of DOLLARS, for payment of which to the State of Washington,
we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns, firmly by these presents.

WHEREAS, the Principal in pursuance of its operations has requested the permission of the Washington State Department of
Transportation, to construct improvements within the states right of way, and

WHEREAS, the Washington State Department of Transportation, has agreed to allow the Principal to construct these
improvements on a portion of State Route No. in County, Washington, under the
provisions of the agreement between these two parties hereinafter identified as agreement number .

NOW, THEREFORE, the condition of this obligation is such that if all the conditions of said agreement including the proper restoration
of slopes, slope treatment, topsoil, landscape treatment, drainage facilities and cleanup of right of way, are complied with according to
the terms contained in said agreement by said Principal, through a period ending not more than
year(s) after date of completion of construction and upon receipt of a written discharge from the State, then
this obligation shall become null and void, otherwise this bond to remain in full force and effect.

WITNESS our hands and seals this day of , .

NOTE: Please type or print below the signatures Principal:

the names of parties executing this Bond, together with
official title of each. Address:

Telephone:

By:

Title:

Surety:
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION Address:

Telephone:
By:

Title:
By:

Date: Title:

DOT Form 224-049 EF

Revised 6/95

Appendix 24 Development Services Manual M 3007.00

Page 4 September 2005
Appendix 25 To Be Inserted in Future
To Be Inserted in Updates
Future Updates

Development Services Manual M 3007.00 Appendix 25

September 2005 Page 1
To Be Inserted in Future Updates

Appendix 25 Development Services Manual M 3007.00

Page 2 September 2005
 Plan Review Checklist

Appendix 26 Plan Review Checklist

PLAN REVIEW CHECKLIST

DEVELOPER
PROJECT
SR MP- CS- UC- JA-
1. Roadway Section:
a. Paving Depths Shown? YES NO N/A
b. Ditch Section Shown? YES NO N/A
c. Overlay Entire Roadway? YES NO N/A
1. Grind Both Ends? YES NO N/A
2. Petro Mat Required? YES NO N/A
3. Crack Seal Required? YES NO N/A
d. Full Depth Paved Shoulders? YES NO N/A
e. Private Lab Inspection Required? YES NO N/A
f. Cross-Sections every 100 feet? YES NO N/A
g. Existing Access Connections Shown/Paved to R/ YES NO N/A
W?
h. Profiles of Access Connections Shown? YES NO N/A
i. Minimum 2 Ft. Wide CSTC Shoulder from EOP? YES NO N/A

2. Drainage:
a. Region Hydraulics Approved? YES NO N/A
b. Beveled End Sections Shown? YES NO N/A
c. Quarry Spalls around end of Pipes Shown? YES NO N/A
d. Designation of Pipe Type Shown? YES NO N/A
e. Existing CBs Shown to be adjusted to face of new YES NO N/A
curb?
f. Temporary and Permanent Erosion Control Plan? YES NO N/A

3. Channelization:
a. Traffic Operations Approved? YES NO N/A
b. HQs Approved? YES NO N/A
c. Match existing Channelization at either end? YES NO N/A
d. Raised Pavement Markings Required/Shown? YES NO N/A
e. MMA Pavement Markings Required/Shown? YES NO N/A

Development Services Manual M 3007.00 Appendix 26

September 2005 Page 1
Plan Review Checklist

f. Stop Bar & Signal Detection Loops for Left-Turn- YES NO N/A
Lane Staggered Back?
g. Striping Legend? Yes NO N/A

4. Electrical:
a. Electrical Design Office Approved? YES NO N/A
b. Service Agreement Obtained from YES NO N/A
c. Special Provisions for Signals/Illumination YES NO N/A
Included?
d. Electrical Connection Requested from Utility YES NO N/A
Company?

5. Utilities:
a. Various Utilities Shown? YES NO N/A
b. Power Poles/Underground Wiring Require YES NO N/A
Relocation?
1. Utility Notified? YES NO N/A
2. Region Utilities Office Notified? YES NO N/A
c. Telephone Poles/Underground Wiring Require YES NO N/A
Relocation?
1. Utility Notified?
2. Region Utilities Office Notified?
d. Fire Hydrants Shown to be Relocated? YES NO N/A
e. Water Meters/Valves Shown to be Adjusted? YES NO N/A
f. Telephone Riser Boxes to be Relocated? YES NO N/A
g. Mailboxes Shown/Relocated? YES NO N/A

6. Signing:
a. Signing Plan Submitted/Approved by Region YES NO N/A
Traffic Operations Office?
b. Sign Type (Message and Specification YES NO N/A
Designation) Shown?
c. Height of Signs Shown? YES NO N/A
d. Size and Type of Post Shown? YES NO N/A
e. Double Headed Arrow Sign for I Intersections? YES NO N/A
1. Object Marker Required/Shown? YES NO N/A

7. Access Connections:
a. Permit to be Inspected by Development Services YES NO N/A
Const. Rep.?
b. Type D Commercial Access Designed to YES NO N/A
Existing Conditions?
c. Right-In/Right-Out Traffic Islands Signed and YES NO N/A
Stripped Properly?
d. Type C Traffic Curb Required? YES NO N/A
e. Proper Signing Included in Plans? YES NO N/A

Appendix 26 Development Services Manual M 3007.00

Page 2 September 2005
 Plan Review Checklist

8. Traffic Control
a. Traffic Control Plan(s) Submitted for Approval? YES NO N/A
b. Traffic Control Supervisor Required for Project? YES NO N/A

9. Retaining Walls
a. Rock Wall: Region Material Approved? YES NO N/A
b. Conc/Soldier Pile: HQ Bridge Approved? YES NO N/A
c. Private Inspection Required? YES NO N/A

For more information click below:

<Appendex25PPP>

Development Services Manual M 3007.00 Appendix 26

September 2005 Page 3
Plan Review Checklist

Appendix 26 Development Services Manual M 3007.00

Page 4 September 2005
 Construction Inspection Checklist

Appendix 27 Construction Inspection Checklist

INSPECTION CHECKLIST
DEVELOPER
PROJECT
SR- MP- CS- UC- JA
PRE-FINAL NUMBER FINAL

ITEM COMPLETED
COMMENTS
Drainage Pipes and/or Ditches s YES NO N/A

Catch Basin & Manholes YES NO N/A

Curbs/Gutters YES NO N/A

Sidewalks YES NO N/A

ADA Curb Ramps YES NO N/A

Access Connection YES NO N/A

Utility Relocations YES NO N/A

Asphalt Relocations YES NO N/A

Striping (painted or MMA) YES NO N/A

MMA Stop Bars YES NO N/A

MMA Crosswalks and/or Arrows YES NO N/A

Raised Pavement Markers YES NO N/A

Signing YES NO N/A

Guardrail YES NO N/A

Shoulders YES NO N/A

Signalization System YES NO N/A

Illumination System YES NO N/A

Landscaping YES NO N/A

Miscellaneous YES NO N/A

WSDOT DEVELOPER/LOCAL AGENCY CONSTRUCTION REPRESENTATIVE DATE

Development Services Manual M 3007.00 Appendix 27

September 2005 Page 1
Construction Inspection Checklist

Appendix 27 Development Services Manual M 3007.00

Page 2 September 2005
 Local Transportation Act

Appendix 28 Local Transportation Act

Chapter 39.92 RCW

LOCAL TRANSPORTATION ACT
SECTIONS
39.92.010 Purpose
39.92.020 Definitions.
39.92.030 Local programs authorized.
39.92.040 Transportation impact fee.
39.92.050 Interlocal cooperation--Consistency and assistance.
39.92.900 Severability--Prospective application--1988 c 179
39.92.901 Section caption--1988 c 179
RCW 39.92.010
Purpose.
The legislature finds that there is an increasing need for local and regional transportation
improvements as the result of both existing demands and the foreseeable future
demands from economic growth and development within the state, including residential,
commercial, and industrial development.
The legislature intends with this chapter to enable local governments to develop and
adopt programs for the purpose of jointly funding, from public and private sources,
transportation improvements necessitated in whole or in part by economic development
and growth within their respective jurisdictions. The programs should provide a fair and
predictable method for allocating the cost of necessary transportation improvements
between the public and private sectors. The programs should include consideration
of public transportation as a method of reducing off-site transportation impacts from
development. The legislature finds that the private funds authorized to be collected
pursuant to this chapter are for the purpose of mitigating the impacts of development and
are not taxes. The state shall encourage and give priority to the state funding of local and
regional transportation improvements that are funded in part by local, public, and private
funds.
The authority provided by this chapter, RCW 35.43.182 through 35.43.188, and
36.88.072 through 36.88.078 for local governments to create and implement local
transportation programs is intended to be supplemental, except as expressly provided
in RCW 39.92.030(9), 82.02.020, and 36.73.120, to the existing authorities and
responsibilities of local governments to regulate development and provide public
facilities.
[1988 c 179 1.]

Development Services Manual M 3007.00 Appendix 28

September 2005 Page 1
Local Transportation Act

RCW 39.92.020
Definitions.
The definitions set forth in this section apply throughout this chapter.
(1) Developer means an individual, group of individuals, partnership, corporation,
association, municipal corporation, state agency, or other person undertaking
development and their successors and assigns.
(2) Development means the subdivision or short platting of land or the construction or
reconstruction of residential, commercial, industrial, public, or any other building,
building space, or land.
(3) Direct result of the proposed development means those quantifiable transportation
impacts that are caused by vehicles or pedestrians whose trip origin or destination is
the proposed development.
(4) Local government means all counties, cities, and towns in the state of Washington
and transportation benefit districts created pursuant to chapter 36.73 RCW.
(5) Off-site transportation improvements means those transportation capital
improvements designated in the local plan adopted under this chapter that are
authorized to be undertaken by local government and that serve the transportation
needs of more than one development.
(6) Transportation impact fee means a monetary charge imposed on new development
for the purpose of mitigating off-site transportation impacts that are a direct result of
the proposed development.
(7) Fair market value means the price in terms of money that a property will bring in a
competitive and open market under all conditions of a fair sale, the buyer and seller
each prudently knowledgeable, and assuming the price is not affected by undue
stimulus, measured at the time of the dedication to local government of land or
improved transportation facilities.
[1988 c 179 2.]

RCW 39.92.030
Local programs authorized.
Local governments may develop and adopt programs for the purpose of jointly funding,
from public and private sources, transportation improvements necessitated in whole or
in part by economic development and growth within their respective jurisdictions. Local
governments shall adopt the programs by ordinance after notice and public hearing. Each
program shall contain the elements described in this section.
(1) The program shall identify the geographic boundaries of the entire area or areas
generally benefited by the proposed off-site transportation improvements and within
which transportation impact fees will be imposed under this chapter.
(2) The program shall be based on an adopted comprehensive, long-term transportation
plan identifying the proposed off-site transportation improvements reasonable
and necessary to meet the future growth needs of the designated plan area and
intended to be covered by this joint funding program, including acquisition of
right of way, construction and reconstruction of all major and minor arterials and
intersection improvements, and identifying design standards, levels of service,
capacities, and costs applicable to the program. The program shall also indicate how

Appendix 28 Development Services Manual M 3007.00

Page 2 September 2005
 Local Transportation Act

the transportation plan is coordinated with applicable transportation plans for the
region and for adjacent jurisdictions. The program shall also indicate how public
transportation and ride-sharing improvements and services will be used to reduce off-
site transportation impacts from development.
(3) The program shall include at least a six-year capital funding program, updated
annually, identifying the specific public sources and amounts of revenue necessary to
pay for that portion of the cost of all off-site transportation improvements contained
in the transportation plan that will not foreseeably be funded by transportation
impact fees. The program shall include a proposed schedule for construction and
expenditures of funds. The funding plan shall consider the additional local tax
revenue estimated to be generated by new development within the plan area if all or a
portion of the additional revenue is proposed to be earmarked as future appropriations
for such off-site transportation improvements.
(4) The program shall authorize transportation impact fees to be imposed on new
development within the plan area for the purpose of providing a portion of the
funding for reasonable and necessary off-site transportation improvements to solve
the cumulative impacts of planned growth and development in the plan area. Off-site
transportation impacts shall be measured as a pro rata share of the capacity of the off-
site transportation improvements being funded under the program. The fees shall not
exceed the amount that the local government can demonstrate is reasonably necessary
as a direct result of the proposed development.
(5) The program shall provide that the funds collected as a result of a particular new
development shall be used in substantial part to pay for improvements mitigating the
impacts of the development or be refunded to the property owners of record. Fees
paid toward more than one transportation improvement may be pooled and expended
on any one of the improvements mitigating the impact of the development. The funds
shall be expended in all cases within six years of collection by the local government
or the unexpended funds shall be refunded.
(6) The program shall also describe the formula, timing, security, credits, and other terms
and conditions affecting the amount and method of payment of the transportation
impact fees as further provided for in RCW 39.92.040. In calculating the amount
of the fee, local government shall consider and give credit for the developers
participation in public transportation and ride-sharing improvements and services.
(7) The administrative element of the program shall include: An opportunity for
administrative appeal by the developer and hearing before an independent
examiner of the amount of the transportation impact fee imposed; establishment
of a designated account for the public and private funds appropriated or collected
for the transportation improvements identified in the plan; methods to enforce
collection of the public and private funds identified in the program; designation
of the administrative departments or other entities responsible for administering
the program, including determination of fee amounts, transportation planning, and
construction; and provisions for future amendment of the program including the
addition of other off-site transportation improvements. The program shall not be
amended in a manner to relieve local government of any contractual obligations made
to prior developers.
(8) The program shall provide that private transportation impact fees shall not be collected
for any off-site transportation improvement that is incapable of being reasonably
carried out because of lack of public funds or other foreseeable impediment.

Development Services Manual M 3007.00 Appendix 28

September 2005 Page 3
Local Transportation Act

(9) The program shall provide that no transportation impact fee may be imposed on a
development by local government pursuant to this program when mitigation of the
same off-site transportation impacts for the development is being required by any
government agency pursuant to any other local, state, or federal law.
[1988 c 179 3.]

RCW 39.92.040
Transportation impact fee.
The program shall describe the formula or method for calculating the amount of
the transportation impact fees to be imposed on new development within the plan
area. The program may require developers to pay a transportation impact fee for off-
site transportation improvements not yet constructed and for those jointly-funded
improvements constructed since the commencement of the program.
The program shall define the event in the development approval process that triggers a
determination of the amount of the transportation impact fees and the event that triggers
the obligation to make actual payment of the fees. However, the payment obligation
shall not commence before the date the developer has obtained a building permit for the
new development or, in the case of residential subdivisions or short plats, at the time of
final plat approval, at the developers option. If the developer of a residential subdivision
or short plat elects to pay the fee at the date a building permit has been obtained, the
option to pay the transportation impact fee by installments as authorized by this section
is deemed to have been waived by the developer. The developer shall be given the option
to pay the transportation impact fee in a lump sum, without interest, or by installment
with reasonable interest over a period of five years or more as specified by the local
government.
The local government shall require security for the obligation to pay the transportation
impact fee, in the form of a recorded agreement, deed of trust, letter of credit, or other
instrument determined satisfactory by the local government. The developer shall also be
given credit against its obligations for the transportation impact fee, for the fair market
value of off-site land and/or the cost of constructing off-site transportation improvements
dedicated to the local government. If the value of the dedication exceeds the amount
of transportation impact fee obligation, the developer is entitled to reimbursement
from transportation impact fees attributable to the dedicated improvements and paid by
subsequent developers within the plan area.
Payment of the transportation impact fee entitles the developer and its successors
and assigns to credit against any other fee, local improvement district assessment, or
other monetary imposition made specifically for the designated off-site transportation
improvements intended to be covered by the transportation impact fee imposed pursuant
to this program. The program shall also define the criteria for establishing periodic fee
increases attributable to construction and related cost increases for the improvements
designated in the program.
[1989 c 296 1; 1988 c 179 4.]

Appendix 28 Development Services Manual M 3007.00

Page 4 September 2005
 Local Transportation Act

RCW 39.92.050
Interlocal cooperation -- Consistency and assistance.
Local governments are authorized and encouraged to enter into interlocal agreements
to jointly develop and adopt with other local governments the transportation programs
authorized by this chapter for the purpose of accomplishing regional transportation
planning and development. Local governments shall also seek, to the greatest degree
practicable, consistency among jurisdictions in the terms and conditions of their programs
for the purpose of increasing fairness and predictability on a regional basis. Local
governments shall seek comment, in the development of their programs, from other
affected local governments, state agencies, and governments authorized to perform public
transportation functions. Local governments are also encouraged to enter into interlocal
agreements to provide technical assistance to each other, in return for reasonable
reimbursement, for the purpose of developing and implementing such transportation
programs.
[1988 c 179 5.]

RCW 39.92.900
Severability -- Prospective application -- 1988 c 179.
If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other persons or
circumstances is not affected. This act is intended to be prospective, not retroactive, in its
application.
[1988 c 179 17.]

RCW 39.92.901
Section captions -- 1988 c 179.
Section captions used in this act do not constitute any part of the law.
[1988 c 179 18.]

Development Services Manual M 3007.00 Appendix 28

September 2005 Page 5
Local Transportation Act

Appendix 28 Development Services Manual M 3007.00

Page 6 September 2005
 LOS Standards Set By MPOs/RTPOs for Regionally Significant (non-HSS) State Highways

LOS Standards Set By MPOs/

RTPOs for RegionallySignificant
Appendix 29 (non-HSS) State Highways
Level Of Service Thresholds for State Highways Set by RTPOs
February 20, 2004

LOS for Non-HSS1 LOS for HSS2

Urban Rural Urban Rural
(PSRC) Puget Sound Regional Council - TMA/MPO/RTPO
King County D C
Tier 1 is Mitigated E4
Pierce County D C
Tier 2 is D4
Snohomish County D C
Tier 3 is C4
Kitsap County3 D C
(SRTC) Spokane Regional Transportation Council - TMA/MPO/RTPO
Spokane County D C D C
(RTC) Southwest Washington Regional Transportation Council - TMA/MPO/RTPO
Clark County E C D C
Skamania County E C D C
Klickitat County E C D C
(TRPC) Thurston Regional Planning Council - MPO/RTPO
High density corridors/core areas E5
Thurston County Elsewhere in Urban Growth Area D5 D C
Outside Urban Growth Area C5
(WCCOG) Whatcom Council of Governments - MPO/RTPO
Whatcom County D C D C
(YVCOG) Yakima Valley Conference of Governments - MPO/RTPO
Yakima County D C D C
(BFCG) Benton-Franklin Council of Governments - MPO/RTPO
Benton County D C D C
Franklin County D C D C
Walla Walla County D C D C
(CWCOG/SWRTPO) Cowlitz-Wahkiakum Council of Governments - MPO/RTPO
Cowlitz County D C D C
Wahkiakum County D C D C
Lewis County D C D C
Pacific County D C D C
Grays Harbor County D C D C
(NCRTPO) North Central - RTPO
Chelan County D C D C
Douglas County D C D C
Okanogan County D C D C
(N.E.W. RTPO) North East Washington - RTPO
Ferry County D C D C
Stevens County D C D C
Pend Oreille County D C D C
(Pal RTPO) Palouse - RTPO
Columbia County D C D C
Garfield County D C D C
Whitman County D C D C
Asotin County D C D C
(PRTPO) Peninsula - RTPO
Mason County D C D C
Jefferson County D C D C
Clallam County D C D C
Kitsap County3 See PSRC above See PSRC above D C
(QUADCO) Quad County - RTPO
Kittitas County D C D C
Grant County D C D C
Lincoln County D C D C
Adams County D C D C
(S/I RTPO) Skagit/Island - RTPO
Skagit County D C D C
Island County E D E D

Notes:
1. RTPOs have authority to set LOS Thresholds for Non HSS. LOS is based on Peak-Hour except where noted 4, 5
2. LOS is based on Congestion Index 6 is approximately equal to LOS "C", 10~LOS "D", 12~LOS "E"
3. Kitsap County belongs to both PSRC and PRTPO

4. LOS will be measured consistent with the latest edition (preferred) of the Highway Capacity Manual and based on a one-hour p.m. peak period.
Tier 1 : For this process, the "inner" urban area is generally defined as a 3-mile buffer around the most heavily traveled freeways (I-5, I-405, SR 167, SR 520, and I-90), plus all designated urban centers (most are located in the
freeway buffer already). The proposed standard for Tier 1 routes is LOS "E/mitigated," meaning that congestion should be mitigated (such as transit) when p.m. peak hour LOS falls below LOS "E."
Tier 2 : These routes serve the "outer" urban area - those outside the 3-mile buffer - and connect the "main" urban growth area (UGA) to the first set of "satellite" UGA's (e.g., SR 410 to Enumclaw). These urban and rural areas
are generally farther from transit alternatives, have fewer alternative roadway routes, and locally adopted LOS standards in these areas are generally LOS "D" or better. The proposed standard for Tier 2 routes is LOS "D."
Tier 3: Rural routes are regionally significant state routes in rural areas that are not in Tier 2. The proposed standard for rural routes is LOS "C," consistent with the rural standard in
effect for those routes once they leave the four counties in the PSRC region, such as SR 530 entering Skagit County.
The LOS standards do not change within a city. For example, the change from Tier 1 to Tier 2 on SR 516 occurs at the Kent/Covington city limit boundary.
http://www.psrc.org/projects/mtp/los/los.htm

5. TRPC regional goals are based on a two-hour PM peak. Urban Growth Areas are based on the Growth Management Act.

Development Services Manual M 3007.00 Appendix 29

September 2005 Page 1
LOS Standards Set By MPOs/RTPOs for Regionally Significant (non-HSS) State Highways

Appendix 29 Development Services Manual M 3007.00

Page 2 September 2005
 Developer Aggreement Mitigation Form

Appendix 30 Developer Agreement Mitigation Form

MITIGATION AGREEMENT
FOR LAND DEVELOPMENT IMPACTS
TO STATE TRANSPORTATION FACILITIES

This Agreement is made this ____ day of ___________, 200____, by and between the
Washington State Department of Transportation (WSDOT) and ___________________
and its heirs, successors and assigns (DEVELOPER).
WHEREAS, WSDOT has the authority to perform all duties necessary for the planning,
locating, designing, constructing, improving, repairing, operating and maintaining
of State highways, bridges and other structures pursuant to Title 47 RCW and rules
promulgated thereunder, Title 468 WAC; and
WHEREAS, WSDOT is required to identify significant adverse environmental impacts of
new development on the States transportation system and to provide for the mitigation of
those land development impacts pursuant to the State Environmental Policy Act (SEPA),
Chapter 43.21C RCW; and
WHEREAS, WSDOT has the authority pursuant to Title 47 RCW, Title 468 WAC, and
Chapter 43.21C RCW to require DEVELOPER to mitigate its land development impacts
to the States transportation system as long as the required mitigation measures are
reasonably related and proportional to said impacts; and
WHEREAS, DEVELOPER intends to develop the property (hereinafter called the
DEVELOPMENT) with (describe DEVELOPMENT and provide address)

reviewed under [_________] (hereinafter called the [_______]) File Number _________;
and
WHEREAS, DEVELOPERS development has a significant adverse impact on
the States transportation system and such impact must be mitigated as part of the
DEVELOPMENT plan,
NOW, THEREFORE, in accordance with the above-cited laws and the policies enacted
thereunder, and in consideration of the terms and conditions contained herein,
IT IS MUTUALLY AGREED AS FOLLOWS:

I. PURPOSE
The purpose of this Agreement is to provide a mechanism by which the DEVELOPER
agrees to mitigate the traffic impacts to the State highway transportation system caused
by its DEVELOPMENT. DEVELOPER agrees that the mitigation measures contained
in this Agreement are proportional and reasonably related to the impacts caused by its
DEVELOPMENT. Based upon DEVELOPERs promise to fully comply with the
terms of this Agreement, WSDOT shall permit, where appropriate, or shall not oppose
the [ ]s grant of the DEVELOPERs DEVELOPMENT application .

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September 2005 Page 1
Developer Aggreement Mitigation Form

II. MITIGATION MEASURERS

1. Mitigation of Development Impacts on State Transportation Facilities
WSDOT has identified, pursuant to DEVELOPERs Traffic Impact Study, the
DEVELOPMENTs traffic impacts to the States transportation facilities that are
reasonably related and proportional to the DEVELOPMENT and which require
capacity mitigation improvements necessary to support DEVELOPERs new
DEVELOPMENT.
1.A. If DEVELOPMENT abuts a State highway facility, the WSDOT requires
Developer Traffic Mitigation Measures as follows:
(1) Construct Frontage Improvements. Describe Improvements:

and/or,
Pay the lump sum estimated cost of constructing the frontage improvements.
Enter the estimated Cost $ and/or,
(2) Construct off-site highway improvements to mitigate LOS deficiencies and
impacts on HAL locations (e.g., signalization and turn pockets).
Describe Improvements:
and/or,
Pay the lump sum estimated cost of constructing the off-site improvements.
Enter the estimated Cost $ and/or,
(3) Dedication/Donation of property for right of way use: Describe Property:
Enter the estimated value $
and/or,
(Note: The value of property dedications/donations shall be based upon comparable
sales consistent with the values used by the WSDOT to estimate the right of way
costs for the projects included in Exhibit C. As an alternative, the value of property
dedications/donations may be based upon an approved appraisal that is no more than two
years old and which has been performed by a qualified appraiser licensed in the State of
Washington.)
(4) Pay the traffic mitigation payment per Average Daily Trip (ADT)
(Note: The calculation of this payment is set forth below).
Enter the Cost $ .
1.B. If DEVELOPMENT does not abut a State highway facility, the WSDOT
requires the Developer Traffic Mitigation Measures as follows:
(1) Construct off-site highway improvements to mitigate LOS deficiencies and
impacts on HAL locations (e.g., signalization and turn pockets). Describe
Improvements:
and/or
Pay the lump sum estimated cost of constructing the frontage improvements. Enter the
estimated Cost $ and/or,

(2) Pay the traffic mitigation payment per Average Daily Trip (ADT) (Note: the
calculation of this payment is set forth below).
Enter Cost $ .

Appendix 30 Development Services Manual M 3007.00

Page 2 September 2005
 Developer Aggreement Mitigation Form

NOTE: If DEVELOPER elects to construct improvement, DEVELOPER and WSDOT

shall enter into a second agreement (Developer Agreement: Construction by Developer)
that will provide for plans, specifications, actual construction and inspection of the
improvements.
The Developers traffic mitigation per ADT payment is calculated as follows:
WSDOT Programmed Projects ADTs Traffic
(list all that apply) Impacting Mitigation
Projects Payment
1. $ $
2. $ $
3. $ $
Total $

III. CREDITS
Where the value of the DEVELOPER-constructed mitigation improvements required and/
or the value of the property to be dedicated/donated to the WSDOT is part of the costs of
a WSDOT programmed capacity project, DEVELOPER shall only receive credit against
its traffic mitigation payment for DEVELOPER-constructed improvement or property as
follows:
Value of Frontage Improvements $ __________(1)
Value of off-site Highway Improvements $ __________(2)
Value of Dedicated/Donated Property $ __________(3)
Total Credits $ __________(4)

IV. SUMMARY
Traffic Mitigation Payment Total Due $___________(5)
Total Credits (Line 4 above) $___________(6)
Net Amount of Traffic Mitigation Payment due (Line 5Line 6) $___________(7)
(If Line 6 > Line 5, then Line 7 = 0)
The DEVELOPER agrees to a voluntary payment in lieu of construction to
mitigate impacts of the DEVELOPMENT on WSDOT facilities equal to
(Line 7 above): $_______________
The traffic mitigation payment agreed to herein shall be paid prior to the granting of
any building permit unless the DEVELOPMENT is a subdivision or short subdivision,
in which case payment is required prior to recording of the subdivision plat or short
subdivision plat; Provided, that where no building permit will be associated with a special
use permit, then payment is required as a precondition to approval. In the alternative,
traffic mitigation payments may be due as specified by the [_________].
Any portion of the traffic mitigation payments made pursuant to this Agreement and
directly paid to the WSDOT shall be refunded to the DEVELOPER in the event that
the WSDOT does not utilize any or all of the funds within five (5) years of the date of
payment.

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September 2005 Page 3
Developer Aggreement Mitigation Form

The WSDOT agrees that the mitigation measures as detailed in this Agreement
will constitute DEVELOPER compliance with its obligation to mitigate its
DEVELOPMENTs traffic impacts to the State highway system.
Washington State Department DEVELOPER
of Transportation (WSDOT)
______________________________ ______________________________
Name: Name:

Title: Title:

Company:

Dated this _____ day of ______ 200_ Dated this _____ day of _______ 200_

Pre-approved as to form, April 1,

2003 by Ann E. Salay, AAG:

Any material modification requires

Additional approval of the Office of
the Attorney General

Acknowledgment - Individual
STATE OF WASHINGTON)
)ss
COUNTY/CITY OF _______)
This is to certify that I know or have satisfactory evidence that _____________________
is/are the person(s) who appeared before me, and said person(s) acknowledged that (he/
she/they) is/are the person(s) who signed this instrument, and is/are authorized to execute
this instrument, as the ___________________________ of _____________________,
and (he/she/they) acknowledged it to be (his/her/their) free and voluntary act for the uses
and purposes mentioned within the instrument.
Dated:
NOTARY PUBLIC in and for the State
of Washington residing at
My appointment expires

Appendix 30 Development Services Manual M 3007.00

Page 4 September 2005
 Developer Aggreement Mitigation Form

Acknowledgment - Corporation/Partnership
STATE OF WASHINGTON)
)ss
COUNTY/CITY OF _______)
I certify that I know or have satisfactory evidence that ___________________________
igned this instrument, on oath stated that he/she was authorized to execute the instrument
and acknowledged it as the _____________________________ of _________________
to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
NOTARY PUBLIC in and for the State of
Washington residing at
My appointment expires

Development Services Manual M 3007.00 Appendix 30

September 2005 Page 5
Developer Aggreement Mitigation Form

Appendix 30 Development Services Manual M 3007.00

Page 6 September 2005
 Appendix 32 Guideline for Determining Responsibility
Guide for forfor
Determining Responsibility
Developer- Required Relocation
Developer-Required Relocation
Guideline for Determining
Responsibility for Developer-
Appendix 31 Required Utility Relocation

Guidelines for Determining Responsibility

for Developer-Required Utility Relocation

Development Services Manual Appendix 32

June 2003 Page 1

Development Services Manual M 3007.00 Appendix 31

September 2005 Page 1
Guide for Determining Responsibility for
Developer- Required Relocation
COST GUIDELINE FOR
DEVELOPER REQUIRED UTILITY RELOCATION
Purpose
Differences in law and policy have created a great deal of misunderstanding and delay
in coordinating utility relocations over the last few years. This guideline provides a
renewed understanding of how the utility and transportation agencies will handle these
essential utility relocations and highway improvements when necessitated by private
development.
This guideline has been developed in cooperation with representatives from:
WSDOT, Northwest and Olympic Regions
Puget Sound Energy
GTE
Snohomish County
US West
King County
Cascade Natural Gas
Master Builders
These agencies intend to follow this guideline and encourage all utilities, developers and
agencies to also follow it.

BACKGROUND
The agencies development requires altering adjacent roadways and relocating utilities in
order to:
Provide access into the development
Make improvements to adjacent and nearby impacted roadways to accommodate
traffic into or out of the development.
Accommodate future highway improvements.
Mitigate a High Accident Corridor (HAC) or High Accident Location (HAL)
deficiency on adjacent and/or nearby roadways to which the development traffic
contributes.
Mitigate a Level of Services (LOS) deficiency on adjacent and/or nearby roadways to
which the development traffic contributes.

Appendix 31 Development Services Manual M 3007.00

Page 2 September 2005
 Guide for Determining Responsibility for
Developer- Required Relocation
State Highways
Status
Utilities are allowed in the state highway right of way under a franchise or permit
that requires the utility to relocate their facility when necessary for the construction,
alteration, repair or improvement of the highway and at the expense of the franchise
holder (RCW 47l44). The franchise holder is generally required to relocate utilities
that are in the way of highway improvements in a timely manner, whether the project
is being constructed by the state or by a developer. (Exception: driveways and other
improvements that are solely or the advantage of the development.) Utilities continue
to question if it is reasonable for them to bear the entire cost of relocation for highway
improvements that have only small benefit to the overall state route.

Proposed Guidelines
The following guidelines generally have been agreed to by all parties. They are not
intended to change any law, regulation, agreement and partnership necessary for all to
manage the growth of development and infrastructure in a timely manner.
Utility relocation costs would be paid by the developer on highway improvement that:
Primarily benefits the development.
Examples include: Road approaches, turn lanes into the development, turn pockets for
development access, accel-decel tapers for access into and out of the development.
Utility relocation costs would be born by the utility if:
Developer improvement provides a benefit to the traveling public and
Developer improvement is included in the State or Local Agencies six year plan or
Developer improvement is included in the State or Local Agencies list of High
Accident Corridor (HAC), High Accident Location (HAL) or signal priority list and is
expected to be funded for improvement within six years.
Examples include: widening of the highway for additional through lanes, installation of
signals, sidewalks.
Utility Relocation Costs may be shared if:
Improvements benefits both the development and the traveling public and,
Does not meet the above criteria for costs to be paid by the developer or the utility.
Examples may include: signal installation for access into the development, widening
for two-way left turn lanes, lighting for access or accel-decel lanes.
If the parties disagree on who should pay for utility relocation all parties have agreed to
meet and cooperatively work to solve the issue of cost or any problems that may have
come up.
In all cases, to speed the utility relocation process, it is important for the developer to
include all probable environmental impacts of utility relocation in their environmental
documentation and permits.
The Developer needs to provide evidence to WSDOT that coordination with all utilities
has occurred.

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September 2005 Page 3
Guide for Determining Responsibility for
Developer- Required Relocation
COUNTY OR CITY ROADS
Status
Cities and counties also franchise and/or permit utilities on their road rights o way. The
language in their franchises or permits often is more specific than the states, and usually
requires the utility to be burdened with the cost for the city or county projects. However,
developer improvements are sometimes required to carry the cost of all utility relocation,
whether to the benefit of the roadway or the development.
Proposed Guidelines
Although the principles used for State Highways could be applied here as well, franchise
situations vary from city to city and county to county. Because of the differences in
franchise language throughout the region, it is probably impossible to set uniform
guidelines.
Individual agreements will have to be followed in each case. This can be complicated
when utility relocation involves both local roads and a state highway. All parties must
cooperatively determine how to share the costs for utility relocation. Because the city
or county is the permitting agency, negotiate a solution with the city or county permit/
planning staff.

Appendix 31 Development Services Manual M 3007.00

Page 4 September 2005