Washington Administrative Code Title 223 - Environmental and Land Use Hearings Office (Pollution Control Hearings Board-Forest practices)
Washington Administrative Code (WAC) Title 223 governs the:
Environmental and Land Use Hearings Office (ELUHO)
– Specifically, the Pollution Control Hearings Board and Forest Practices Appeals
🔷 Overview of Title 223
WAC Title 223 contains administrative rules for the Environmental and Land Use Hearings Office (ELUHO), which manages environmental and land use appeals in Washington State. Within this framework, Title 223 primarily regulates the operations of:
Pollution Control Hearings Board (PCHB)
Forest Practices Appeals Board (FPAB) (within the ELUHO structure)
These boards handle appeals of certain decisions made by state agencies, especially those related to environmental laws, pollution control, and forest practices.
🔹 Pollution Control Hearings Board (PCHB)
Jurisdiction Includes Appeals Related to:
Water quality permits (e.g., NPDES permits)
Air quality permits
Hazardous waste enforcement
Solid waste management
Water rights and related decisions by the Department of Ecology
Key Provisions in WAC Title 223 Include:
Filing procedures for appeals
Deadlines and timelines
Prehearing and hearing procedures
Discovery and evidence rules
Final decisions and reconsideration
🔹 Forest Practices Appeals Board (FPAB)
Handles Appeals of:
Forest practices permits issued under the Forest Practices Act
Enforcement actions or decisions by the Department of Natural Resources (DNR)
These relate to timber harvesting, road building, reforestation, and protection of water, wildlife, and public resources.
🔸 Structure of ELUHO Under Title 223
Establishes procedures for hearings (e.g., telephonic/video hearings)
Defines roles of presiding officers and administrative law judges
Sets standards for case management, motions, and summary judgments
✅ Practical Use
If you are:
Appealing a state-issued environmental permit
Challenging a forest practices enforcement action
Seeking clarification of your rights under state environmental law
WAC Title 223 provides the procedural roadmap for how those appeals are handled.
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