Wash. Rev. Code » Title 43 · Chapter 43.21C
Revised Code of Washington

Wash. Rev. Code § 43.21C.080 (2026)

✓ current as of May 2026
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(1) Notice of any action taken by a governmental agency may be publicized by the acting governmental agency, the applicant for, or the proponent of such action, in substantially the form as set forth in rules adopted under RCW 43.21C.110:
(a) By publishing notice on the same day of each week for two consecutive weeks in a legal newspaper of general circulation in the area where the property which is the subject of the action is located;
(b) By filing notice of such action with the department of ecology at its main office in Olympia prior to the date of the last newspaper publication; and
(c) Except for those actions which are of a nonproject nature, by one of the following methods which shall be accomplished prior to the date of first newspaper publication;
(i) Mailing to the latest recorded real property owners, as shown by the records of the county treasurer, who share a common boundary line with the property upon which the project is proposed through United States mail, first class, postage prepaid.
(ii) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed.
(2)(a) Except as otherwise provided in RCW 43.21C.075(5)(a), any action to set aside, enjoin, review, or otherwise challenge any such governmental action or subsequent governmental action for which notice is given as provided in subsection (1) of this section on grounds of noncompliance with the provisions of this chapter shall be commenced within twenty-one days from the date of last newspaper publication of the notice pursuant to subsection (1) of this section, or be barred.
(b) Any subsequent governmental action on the proposal for which notice has been given as provided in subsection (1) of this section shall not be set aside, enjoined, reviewed, or otherwise challenged on grounds of noncompliance with the provisions of RCW 43.21C.030(2)(a) through (h) unless there has been a substantial change in the proposal between the time of the first governmental action and the subsequent governmental action that is likely to have adverse environmental impacts beyond the range of impacts previously analyzed, or unless the action now being considered was identified in an earlier detailed statement or declaration of nonsignificance as being one which would require further environmental evaluation.
[ 1995 c 347 s 205; 1977 ex.s. c 278 s 1; 1974 ex.s. c 179 s 2; 1973 1st ex.s. c 179 s 2.]

Notes:

Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Purpose—1974 ex.s. c 179: "The purpose of this 1974 amendatory act is to establish methods and means of providing for full implementation of chapter 43.21C RCW (the state environmental policy act of 1971) in a manner which reduces duplicative and wasteful practices, establishes effective and uniform procedures, encourages public involvement, and promotes certainty with respect to the requirements of the act." [ 1974 ex.s. c 179 s 1.]
Effective date—1973 1st ex.s. c 179: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect on July 1, 1973: PROVIDED, HOWEVER, That prior thereto, the department of ecology may take such actions, including the issuing of notices and the conduct of public hearing, as are necessary to insure the implementation of section 1 of this act." [ 1973 1st ex.s. c 179 s 4.]
Notes of Decisions
Cited in 26 cases (1 in the last 5 years), 1976–2024 · leading case: Concerned Organized Women & People Opposed to Offensive Proposals, Inc. v. City of Arlington, 847 P.2d 963 (Wash. Ct. App. 1993).
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Concerned Organized Women & People Opposed to Offensive Proposals, Inc. v. City of Arlington, 847 P.2d 963 (Wash. Ct. App. 1993). · cites it 6× “Pursuant to RCW 43.21C.080 and WAC 197-11-680(4) and (5), the City prepared a notice of action under the State *213 Environmental Policy Act of 1971 (SEPA) dated December 13, 1991.”
South Hollywood Hills Citizens Ass'n v. King Cnty., 677 P.2d 114 (Wash. 1984). · cites it 2× “170 and RCW 43.21C.080(2)(a) to support an alternative theory that the amendments were timely.”
Cathcart-Maltby-Clearview Cmty. Council v. Snohomish Cnty., 634 P.2d 853 (Wash. 1981). · cites it 2× “I At the time of the County's rezone decision, there was no ordinance limiting the time in which such decisions could be reviewed.”
Waterford Place Condo. Ass'n v. City of Seattle, 791 P.2d 908 (Wash. Ct. App. 1990). · cites it 5× “(5) RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter.”
Citizens Interested in the Transfusion of Yesteryear v. Bd. of Regents of the Univ. of Washington, 544 P.2d 740 (Wash. 1976). · cites it 3× “” 5 RCW 43.21C.080 (2) provides: Any action to set aside, enjoin, review, or otherwise challenge any such governmental action .”
Wells v. Whatcom Cnty. Water Dist. No. 10, 19 P.3d 453 (Wash. Ct. App. 2001). · cites it 10× “The District subsequently issued and published a Notice of Action, as authorized by the State Environmental Policy Act (SEPA), RCW 43.21C.080, giving notice that the agency was proceeding with its efforts to provide "conveyance, storage, and/or treatment capacity for wastewater…”
In Re Port of Grays Harbor, 638 P.2d 633 (Wash. Ct. App. 1982). · cites it 3× “However, no action was brought challenging the amendment of the Comprehensive Scheme within the 90-day period required by RCW 43.21C.080. After hearing, the trial court entered its order in November 1979, denying an adjudication of public use and necessity.”
Miller v. Issaquah Corp., 657 P.2d 334 (Wash. Ct. App. 1983). · cites it 4× “On December 10, a "Notice of Action" was published for the second time pursuant to RCW 43.21C.080. On December 16, 1980, the Millers filed a petition for writ of certiorari, naming Mohl as owner of the property involved.”
Cent. Puget Sound Reg'l Transit Auth. v. Miller, 128 P.3d 588 (Wash. 2006). “300 (every ordinance must be published at least once in a newspaper and posted); RCW 43.21C.080 (notice of action by governmental agency must be published in a newspaper, mailed, and posted at the project site).”
Wells v. Whatcom Cnty. Water Dist. No. 10, 105 Wash. App. 143 (Wash. Ct. App. 2001). · cites it 6× “But even if the interim agreement were “new information,” neither the examiner nor the trial court could properly order an SEIS because the issue was time-barred by RCW 43.21C.080. In accordance with RCW 43.”
Dunstan v. City of Seattle, 600 P.2d 674 (Wash. Ct. App. 1979). · cites it 3× “Notice thereof was published pursuant to the State Environmental Policy Act of 1971, RCW 43.21C.080 (SEPA). Apparently because of the modified nature of the granted permit, a business relationship between the Dunstans and a Mr.”
Akada v. Park 12-01 Corp., 695 P.2d 994 (Wash. 1985). “We have previously recognized that RCW 43.21C.080 allows SEPA challenges to be brought within 30 days.”
Show all 26 citing cases →
— Wash. Rev. Code § 43.21C.080(1)(a) — 1 case
Wells v. Whatcom Cnty. Water Dist. No. 10, 19 P.3d 453 (Wash. Ct. App. 2001). “The District subsequently issued and published a Notice of Action, as authorized by the State Environmental Policy Act (SEPA), RCW 43.21C.080, giving notice that the agency was proceeding with its efforts to provide "conveyance, storage, and/or treatment capacity for wastewater…”
— Wash. Rev. Code § 43.21C.080(2)(a) — 5 cases
South Hollywood Hills Citizens Ass'n v. King Cnty., 677 P.2d 114 (Wash. 1984). “170 and RCW 43.21C.080(2)(a) to support an alternative theory that the amendments were timely.”
Concerned Organized Women & People Opposed to Offensive Proposals, Inc. v. City of Arlington, 847 P.2d 963 (Wash. Ct. App. 1993). “Pursuant to RCW 43.21C.080 and WAC 197-11-680(4) and (5), the City prepared a notice of action under the State *213 Environmental Policy Act of 1971 (SEPA) dated December 13, 1991.”
Wells v. Whatcom Cnty. Water Dist. No. 10, 19 P.3d 453 (Wash. Ct. App. 2001). “The District subsequently issued and published a Notice of Action, as authorized by the State Environmental Policy Act (SEPA), RCW 43.21C.080, giving notice that the agency was proceeding with its efforts to provide "conveyance, storage, and/or treatment capacity for wastewater…”
Snohomish Cnty. Prop. Rights All. v. Snohomish Cnty., 882 P.2d 807 (Wash. Ct. App. 1994).
Wells v. Whatcom Cnty. Water Dist. No. 10, 105 Wash. App. 143 (Wash. Ct. App. 2001). “But even if the interim agreement were “new information,” neither the examiner nor the trial court could properly order an SEIS because the issue was time-barred by RCW 43.21C.080. In accordance with RCW 43.”
— Wash. Rev. Code § 43.21C.080(2)(b) — 2 cases
Wells v. Whatcom Cnty. Water Dist. No. 10, 19 P.3d 453 (Wash. Ct. App. 2001). “The District subsequently issued and published a Notice of Action, as authorized by the State Environmental Policy Act (SEPA), RCW 43.21C.080, giving notice that the agency was proceeding with its efforts to provide "conveyance, storage, and/or treatment capacity for wastewater…”
Wells v. Whatcom Cnty. Water Dist. No. 10, 105 Wash. App. 143 (Wash. Ct. App. 2001). “But even if the interim agreement were “new information,” neither the examiner nor the trial court could properly order an SEIS because the issue was time-barred by RCW 43.21C.080. In accordance with RCW 43.”
— Wash. Rev. Code § 43.21C.080(3) — 1 case
Waterford Place Condo. Ass'n v. City of Seattle, 791 P.2d 908 (Wash. Ct. App. 1990). “(5) RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter.”
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