This part provides the rules for administering categorical exemptions, deciding on probable significant impacts on the environment, determining if mitigation is available, and integrating SEPA into the project review process. It also incorporates the following sections of the Washington Administrative Code by reference:
WAC 197-11-300
Purpose of this part.
WAC 197-11-310
Threshold determination required.
WAC 197-11-330
Threshold determination process.
WAC 197-11-335
Additional information.
WAC 197-11-360
Determination of significance (DS)/initiation of scoping.
WAC 197-11-390
Effect of threshold determination.
(Ord. 27995 Ex. J, 2011-06-14)
(Scoping. Ord. 23262 § 8, 1984-09-25; Ord. 25856 § 5, 1996-01-27; repealed and relocated to § 13.12.510 by Ord. 28011 Ex. A, 2011-08-23)
A. 
Those activities excluded from the definition of “action” in WAC 197-11-704, or categorically exempted by WAC 197-11-800, are exempt from the threshold determination. No exemption is allowed for the sole reason that actions are considered to be of a “ministerial” nature or of an environmentally regulatory or beneficial nature.
B. 
The applicability of the exemptions shall be determined by the responsible official.
C. 
The responsible official who is determining whether or not a proposal is exempt shall ascertain the total scope of the proposal and the governmental licenses, permits, or approvals required:
1. 
If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the responsible official shall determine the primary action.
2. 
If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is exempt if the action determined to be the primary action by the responsible official is exempt.
3. 
If the proposal includes a series of exempt actions which are physically or functionally related to each other, but which together may have a significant environmental impact, the proposal is not exempt. {13.12.305(2)-(6)}
D. 
Pursuant to RCW 36.70B.140(2) Local Project Review, categorically exempt proposals shall be exempt from the procedural requirements for complete application and public notice under SEPA. {13.12.305(7)}
(Ord. 23262 § 8, 1984-09-25; Ord. 27995 Ex. J, 2011-06-14)
Any action or proposal which is not determined to be exempt shall require environmental review under SEPA, which shall commence with the filing of a SEPA checklist. However, a checklist is not needed if the responsible official has decided to prepare an EIS, or the responsible official and applicant agree an EIS is required; see section 13.12.400 for the requirements for an EIS.
A. 
The Environmental checklist form shall be the same as that on file with the SEPA Public Information Center, titled “Environmental Checklist,” which is incorporated by reference in this chapter.
B. 
The checklist shall be filed no later than the time an application is filed for a permit, license, certificate, or other approval. {13.12.315(1)}
C. 
For private proposals, the responsible official shall require the applicant to complete the environmental checklist, providing assistance as necessary. For public proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
D. 
The items in the environmental checklist are not weighted. The mention of one or many adverse environmental impacts does not necessarily mean that the impacts are significant or that the impacts cannot be mitigated. Conversely, a probable significant adverse impact on the environment identified in the checklist may result in the need for an EIS.
(Ord. 23262 § 8, 1984-09-25; Ord. 27995 Ex. J, 2011-06-14)
A. 
Purpose. To support the air quality assessment of the Environmental Checklist by providing clear submittal requirements to applicants; ensuring submittal documentation is consistent with best practices; and providing for consistent review and application of assessment and mitigation strategies for air quality impacts.
B. 
Applicability. The following supplemental materials are required for industrial, manufacturing, warehousing, and distribution facilities that are required to prepare an environmental checklist under the provisions of 13.12.420.
C. 
Supplemental Environmental Checklist submittal requirements.
1. 
An inventory of GHG emissions will be provided based on the accepted methodologies from the Department of Ecology, Puget Sound Clean Air Agency, or equivalent based on the best available information.
2. 
A GHG reduction plan regarding construction, initial operations and operations through the 2050 horizon of the City of Tacoma Climate Action Plan (or as later updated).
3. 
An inventory of air toxics using an accepted methodology from the Department of Ecology, Puget Sound Clean Air Agency or equivalent based on the best available information. The inventory shall include criteria air pollutants, volatile organic compounds (VOCs), and heavy metals as documented in the Puget Sound Clean Air Agency’s “Tacoma and Seattle Air Toxics Trends Technical Report, December 2023”, or as later updated.
4. 
All projects shall submit a completed Tacoma Climate Action Plan Consistency Checklist.
D. 
Based on the applicant’s assessment of compliance with these plans and regulations, and a review of EPA’s Air Toxics Screening Assessment (AirToxScreen), 2023 Tacoma Seattle Air Toxics Report, or other best available information to estimate health risks for air toxics, the City may condition projects to reduce pollutant generation and apply mitigation recommendations from these sources as well as the Northwest Ports Clean Air Strategy, or other air quality mitigation plans and strategies as adopted by the Department of Ecology or Puget Sound Clean Air Agency.
E. 
Based on the review of the GHG inventory and reduction plan and the completed Tacoma Climate Action Plan Consistency Checklist, the City may condition projects to mitigate significant impacts and to align with overall GHG reduction targets. Proposed GHG reductions and mitigation measures shall be based first on the Optional elements identified in the Tacoma Climate Action Plan Consistency Checklist.
Tacoma Climate Action Plan Indicator Checklist
Category
Better Strategy
Indicator
Performance Standard
Project Compliance
Natural Systems & Local Food
Breathing
Exceed national average per capita rate spent on tree care
Required. Submit tree care plan for landscaping that is privately maintained.
 
Increase tree planting and care in high heat, very low and low opportunity equity neighborhoods
Required. Achieved through implementation of landscaping and tree canopy standards. Optional: Contribute funds to Urban Forestry Program.
 
Increase acres of actively managed open space ecosystem habitat by 24%. Protect 6% more acres.
Protection: Required. Achieved through critical area standards (TMC Chapter 13.11) and Shoreline Master Program, Title 19.
Enhancement: Optional. May be achieved through critical area buffer restoration, contribution to Open Space Fund, voluntary stewardship agreements, or purchase of Transfer of Development Rights Credits.
 
Living
Increase natural heat Island intervention projects in hottest neighborhoods by 100%
Optional. Contribute funds to Urban Forestry Program; Provide grant funding for depave and rain garden programs through the Pierce Conservation District, Make a Splash Grant, or Watershed Council Grants or equivalent
 
Buildings & Energy
Living
Reduce fossil fuel energy use from buildings by 33%
Required. Achieved through application of Washington State Building Code.
Optional: Provide capacity for electric vehicle charging that exceeds building and energy code requirements; Achieve LEED status or equivalent; Provide solar ready roof.
 
Mobility & Land Use
Living
Eliminate fatalities and serious injuries from collisions by 2035 to achieve Vision Zero (reduce by 66% by 2030)
Achieved through compliance with street frontage standards and contribution of SEPA mitigation fee and impact fee
 
Breathing
Increase public electric vehicle charging locations by 5 times, especially in low and very low opportunity equity neighborhoods
Required: Onsite electrical vehicle charging per building codes. Optional: Establish off-site or public charging stations.
 
Living
Increase bicycle infrastructure miles by 80%
Required: Achieved through compliance with SEPA transportation mitigation fee and public access improvements.
 
Increase miles of sidewalks by 14%
Achieve through compliance with street frontage standards and contribution of SEPA mitigation fee and impact fee.
 
Increase number of ADA-compliant curb ramps by 78%
Achieved through compliance with street frontage standards.
 
Increase compact, complete, walkable neighborhoods
Achieved through compliance with street frontage standards and contribution of SEPA mitigation fee and impact fee.
 
Consumption
Resource Use
Decrease per-capita waste generation by 14%
Increase metric tons of GHGs from diverted materials from Recycling and Recovery Center by 17%
Deconstruction required if demolition is proposed.
Provide plan for diverting reusable and recyclable materials for day to day operations.
Other actions consistent with CAP.
 
Green Economy
Resource Use
Increase number of EnviroStar businesses by 5x
Required. Achieved through Envirostar certification or equivalent.
 
Governance and Engagement
Together
Community-led climate equity projects and programs
Northwest Ports Clean Air Strategy
Transportation Demand Management (TDM)
Contribute funds towards implementation of Northwest Ports Clean Air Strategy. This option is available for all planned action projects if an Interlocal Agreement is in place with the local Port district.
Required. For projects that are subject to the Commute Trip Reduction Program (per TMC Chapter 13.15), achieved by meeting the required elements of TMC § 13.15.070. Optional: Incorporate one or more of the additional measures described in TMC § 13.15.070D.
 
(Ord. 29076 Ex. A, 2025-12-02)
A. 
If the responsible official determines there will be no probable significant adverse environmental impacts from a proposal, the responsible official shall prepare and issue a determination of non-significance (DNS). If the City adopts another environmental document in support of a threshold determination as set forth in Part 6 of this chapter, the City shall issue a notice of adoption and/or combine the documents.
B. 
A DNS issued under the provisions of this section shall not become effective until the expiration of the appeal period. The filing of an appeal shall stay the effect of the DNS and no major action in regard to a proposal may be taken during the pendency of an appeal and until all action regarding the appeal is final. A decision to reverse the determination of the responsible official and uphold the appeal shall further stay any decision, proceedings, or actions in regard to the proposal.
C. 
When a DNS is issued for any of the proposals listed below, the requirements in this subsection shall be met. The requirements of this subsection do not apply to a DNS issued when the optional DNS process is used (Section 13.12.450).
1. 
The City shall not act upon a proposal for 14 days after the date of issuance of a DNS if the proposal involves:
a. 
Another agency with jurisdiction;
b. 
Non-exempt demolition of any structure or facility;
c. 
Issuance of clearing or grading permits not otherwise exempted; or
d. 
A DNS when the applicant has changed the project in response to early review by the responsible official in order to avoid or withdraw a Determination of Significance; or
e. 
A mitigated DNS.
2. 
The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the Department of Ecology, and affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal, and shall give notice as set forth in this chapter.
3. 
Any person, affected tribe, or agency may submit comments to the City within 14 days of the date of issuance of the DNS, or as may be extended by the planning and/or public hearing process for non-project actions.
4. 
The date of issuance for the DNS is the date the DNS is sent to the Department of Ecology and agencies with jurisdiction and is made publicly available.
5. 
An agency with jurisdiction may assume lead agency status only within this comment period.
6. 
The responsible official shall reconsider the DNS based on timely comments and may retain or modify the DNS or, if the responsible official determines that significant adverse impacts are likely, withdraw the DNS. When a DNS is modified, the responsible official shall send the modified DNS to agencies with jurisdiction.
D. 
The responsible official shall withdraw a DNS if:
1. 
There are substantial changes to a proposal so that the proposal is likely to have significant adverse environmental impacts;
2. 
There is significant new information regarding a proposal’s probable significant adverse environmental impacts (this section shall not apply when a nonexempt license has been issued on a project); or
3. 
The DNS was procured by misrepresentation or lack of material disclosure; if the DNS resulted from such actions by an applicant, any subsequent environmental checklist on the proposal shall be prepared directly by the responsible official or their consultants at the expense of the applicant.
If the responsible official withdraws a DNS, a new threshold determination shall be made and other agencies with jurisdiction shall be notified of the withdrawal and new threshold determination.
(Ord. 27995 Ex. J, 2011-06-14)
A. 
The responsible official may issue a determination of nonsignificance based upon conditions attached to the proposal by the responsible official or upon changes to, or clarifications of, the proposal made by the applicant.
B. 
If an applicant requests early notice of whether a Mitigated Determination of Nonsignificance (MDNS) or a Determination of Significance (DS) is likely, the request must:
1. 
Be submitted in writing;
2. 
Follow submission of a completed environmental checklist for a nonexempt proposal for which the department is lead agency; and
3. 
Precede the department’s actual threshold determination for the proposal.
4. 
The responsible official shall respond to the request in writing and shall state whether the responsible official is considering issuance of an MDNS or a DS and, if so, indicate the general or specific area(s) of concern that are leading to consideration of an MDNS or DS;
5. 
The response must also state that the applicant may change or clarify the proposal to mitigate the impacts indicated in the letter, revising the environmental checklist as necessary to reflect the changes or clarifications. {13.12.350.2 and 3}
C. 
As much as possible, the responsible official should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
D. 
If the applicant submits a changed or clarified proposal, along with a revised environmental checklist, the responsible official will make a threshold determination based on the changed or clarified proposal:
1. 
If the responsible official indicated specific mitigation measures in a response to the request for early notice that would allow him or her to issue a DNS, and the applicant changed or clarified the proposal to include those specific mitigation measures, the responsible official shall issue a determination of nonsignificance.
2. 
If the responsible official indicated general or specific areas of concern, but did not indicate specific mitigation measures that would allow a DNS to be issued, the responsible official shall make the threshold determination, issuing a DNS or DS as appropriate.
3. 
The applicant’s proposed mitigation measures (clarifications, changes, or conditions) must be in writing and must be specific.
4. 
Mitigation measures which justify issuance of a DNS shall be incorporated in the DNS by inclusion in the determination, or by reference to staff reports, studies or other documents.
E. 
Mitigation measures incorporated in the DNS or MDNS shall be deemed conditions of approval of the associated building, work order, land use, or other development permit or license, unless revised or changed by the decision maker, and shall be placed as conditions directly upon the permit decision. The conditions shall be incorporated into the permit and shall be enforced in the same manner as any term or condition of the permit. {13.12.350(7)}
F. 
If the tentative decision for an approval of a permit does not include mitigation measures that were incorporated in the SEPA determination for the proposal, the threshold determination should be evaluated to assure consistency with Section 13.12.430D of this chapter (withdrawal of DNS).
G. 
The responsible official’s written response under subsection (2) of this section shall not be construed as a determination of significance. In addition, preliminary discussions of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the responsible official to a mitigated DNS.
(Ord. 27995 Ex. J, 2011-06-14)
A. 
The responsible official may use the optional DNS process if they have determined that significant adverse environmental impacts are unlikely, and a single integrated comment period is desired to obtain comments for the application and the likely threshold determination for the proposal. If this process is used, a second comment period will typically not be required when the DNS is issued.
B. 
If the optional DNS process is used, the following shall apply:
1. 
The notice shall state on the first page that the City expects to issue a DNS for the proposal, and that:
a. 
The optional DNS process is being used;
b. 
This may be the only opportunity to comment on the environmental impacts of the proposal;
c. 
The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and
d. 
A copy of the subsequent threshold determination for the specific proposal may be obtained upon request.
2. 
The notice shall list the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected.
3. 
The City shall comply with the requirements for a notice of application and public notice in RCW 36.70B.110; and
4. 
The City shall send the notice and environmental checklist to:
a. 
Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and
b. 
Anyone requesting a copy of the environmental checklist for the specific proposal.
C. 
If the City indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice.
D. 
The responsible official shall consider timely comments on the notice and either:
1. 
Issue a DNS or mitigated DNS with no comment period using the procedures in subsection (5) of this section;
2. 
Issue a DNS, or mitigated DNS with a comment period using the procedures in subsection (5) of this section, if the City determines a comment period is necessary;
3. 
Issue a DS, or
4. 
Require additional information or studies prior to making a threshold determination.
E. 
If a DNS or mitigated DNS is issued under subsection (4)(a) of this section, the City shall send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be re-circulated.
(Ord. 27995 Ex. J, 2011-06-14)
(Issuance of final environmental impact statement (FEIS). Ord. 23262 § 8, 1984-09-25; Ord. 25856 § 6, 1996-01-27; repealed and relocated to § 13.12.540 by Ord. 28011 Ex. A, 2011-08-23)