The department shall not require mitigation for sediment dredging or capping actions that result in a cleaner aquatic environment and equal or better habitat functions and values, if the actions are taken under a state or federal cleanup action.

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This chapter shall not be construed to require habitat mitigation for navigation and maintenance dredging of existing channels and berthing areas.
[ 1997 c 424 § 5. Formerly RCW 77.55.260, 75.20.325.]