Key Takeaways
- Washington has robust environmental regulations through the Department of Ecology
- The Model Toxics Control Act (MTCA) governs cleanup of contaminated sites
- Shoreline Management Act restricts development within 200 feet of shorelines
- Growth Management Act (GMA) requires comprehensive planning in many counties
- Wetlands are protected under both federal and Washington state regulations
Environmental Issues in Washington Real Estate
Washington has comprehensive environmental regulations that affect real estate transactions.
Key Environmental Agencies
Washington Department of Ecology
The Department of Ecology is the primary environmental agency:
| Function | Description |
|---|---|
| Water Quality | Regulate water pollution |
| Air Quality | Permits and enforcement |
| Toxics Cleanup | Contaminated sites |
| Shoreline Management | Shoreline development |
| Wetlands | Protection and permits |
Major Environmental Laws
Model Toxics Control Act (MTCA)
MTCA governs cleanup of contaminated sites:
| Aspect | Description |
|---|---|
| Purpose | Require cleanup of contaminated properties |
| Liability | Current and past owners may be liable |
| Registry | Department maintains list of contaminated sites |
| Voluntary cleanup | Program available for voluntary remediation |
Shoreline Management Act
Restricts development near shorelines:
| Requirement | Detail |
|---|---|
| Jurisdiction | Within 200 feet of shorelines |
| Permits | Substantial Development Permits required |
| Local plans | Cities/counties adopt Shoreline Master Programs |
| Exemptions | Some minor activities exempt |
Growth Management Act (GMA)
Requires comprehensive land use planning:
| Element | Description |
|---|---|
| Applies to | Most counties and cities |
| Requirements | Urban growth areas, zoning, critical areas |
| Impact | Affects where and how development occurs |
| Critical Areas | Wetlands, flood hazards, geologic hazards |
Environmental Disclosures
Form 17 Environmental Questions
The Seller Disclosure Statement (Form 17) includes environmental questions:
| Topic | Disclosed |
|---|---|
| Lead-based paint | Federal requirement (pre-1978) |
| Environmental hazards | Known contamination |
| Underground storage tanks | If present or removed |
| Flood zone | If in flood plain |
| Wetlands | If present on property |
Broker Disclosure Duties
Brokers must disclose known environmental issues:
- Known contamination
- Flood zone status
- Environmental hazards
- Restrictions from environmental regulations
Specific Environmental Concerns
Wetlands
Wetlands are protected under state and federal law:
| Regulation | Requirement |
|---|---|
| Federal Clean Water Act | Section 404 permits for fill |
| Washington law | Additional state protections |
| Local regulations | May have buffers |
| Impact | Development restrictions |
Underground Storage Tanks (USTs)
| Requirement | Detail |
|---|---|
| Registration | Required with Ecology |
| Disclosure | Should disclose known USTs |
| Removal | Must follow proper procedures |
| Contamination | May require cleanup |
Lead-Based Paint
Federal disclosure required for pre-1978 homes:
- Provide EPA pamphlet
- Disclose known lead-based paint
- Allow 10-day inspection period
- Use proper disclosure form
Radon
| Concern | Washington Status |
|---|---|
| Risk | Moderate to high in some areas |
| Disclosure | No state mandate, but material fact |
| Testing | Recommended |
| Mitigation | Available if high levels |
Special Washington Topics
Seismic/Earthquake Zones
Washington has seismic considerations:
- Building codes address earthquake risk
- Disclosure of seismic zone may be material
- Insurance considerations
Volcanic Hazards
Some areas affected by volcanic hazards:
- Mount Rainier lahar zones
- Disclosure may be appropriate
- FEMA mapping available
Flood Insurance
| Requirement | Status |
|---|---|
| Federal requirement | For federally-related loans in SFHA |
| NFIP participation | Most Washington communities participate |
| Disclosure | Should disclose flood zone status |
What Washington law governs the cleanup of contaminated properties?
How far from shorelines does the Shoreline Management Act typically apply?
Which Washington law requires comprehensive land use planning?
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