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2021-023 - Ord. Combining all Existing Shellfish Protection Districts and Amending Code Title 3 and 6 - 2021/05/11 ORDINANCE NO. 2O2I' O'L3 AN ORDINANCE COMBINING ALL EXISTING SHELLFISH PROTECTION DISTRICTS AND AMENDING MASON COUNTY CODE TITLES 3 AND 6 WHEREAS, Mason County is home to over 200 miles of marine shoreline and 25,000 acres of commercial shellfish harvest area; and WHEREAS, Mason County has experienced many historic commercial shellfish harvest downgrades from Washington State Department of Health due to bacterial pollution from non-point pollution sources; and WHEREAS, State law (Chapter 90.72 RCW) directs a county having shellfish tidelands within its boundaries to establish a Shellfish Protection District and to establish a Clean Water Program with elements intended to improve water quality by eliminating or reducing nonpoint pollution sources; and WHEREAS, Mason County has established historic Shellfish Protection Districts in response to previous downgrades per Chapter 90.72 RCW including (but not limited to) Oakland Bay Clean Water District, Annas Bay Shellfish Protection District, North Bay Shellfish Protection District, Totten Little Skookum Shellfish Protection District, McLane Cove Shellfish Protection District and Big Bend Shellfish Protection District increasing administrative requirements in management of said districts; and WHEREAS, this County's legislative authority recognizes commercial, recreational, tribal, and private shellfish harvest as a vital aspect to Mason County and requires protection from nonpoint pollution sources; and WHEREAS, this County's legislative authority further recognizes maintaining the highest levels of water quality is paramount to sustaining the livelihood of Mason County, this Puget Sound region, and to the greater environment; and WHEREAS, Mason County is encouraged by the legislature to: "establish shellfish protection district(s) and programs designed to prevent any further degradation and contamination and to allow for restoration and reopening of closed shellfish areas" by Chapter 90.72 RCW. NOW, THEREFORE, BE IT ORDAINED BY THE MASON COUNTY BOARD OF COUNTY COMMISSIONERS that a Shellfish Protection District be established encompassing the area within the boundaries shown on "Attachment A" and be called the "Mason County Clean Water District"; and BE IT FURTHER ORDAINED that past shellfish protection districts and/or clean water districts within the boundaries of this new Mason County Clean Water District be abolished per Chapter 90.72.040(1) RCW and replaced by the Mason County Clean Water District ensuring no disruption to any existing response plans and pollution identification and correction projects; and BE IT FURTHER ORDAINED that a financing mechanism be established, specifically an annual parcel fee of five dollars and six cents ($5.06) for parcels or lands specified in the chapter below, with a five (5) year sunset requiring review and re-authorization of said fee and programs. BE IT FURTHER ORDAINED the Mason County Board of Commissioners hereby approves and adopts revisions to Mason County Code Title 6, adding Chapter 6.88 which is to read: Chapter 6.88 MASON COUNTY CLEAN WATER DISTRICT Sections: 6.88.010 Establishment 6.88.020 Purpose 6.88.030 Definitions 6.88.040 Clean Water Program Creation and Authority 6.88.050 District Boundaries 6.88.060 Assignment of a lead department 6.88.070 Advisory Committee 6.88.080 Program Evaluation 6.88.090 Annual Fee 6.88.100 Parcels Exempt from Fee 6.88.010 - Establishment Pursuant to Chapter 90.72 RCW there is hereby established a shellfish protection district, which shall be called the Mason County Clean Water District. 6.88.020 - Purpose The purpose of the Mason County Clean Water District is to accomplish the mandates of Chapter 90.72 RCW to protect and improve the water quality in shellfish growing areas. This will include, but not limited to, establishing programs and projects to reduce non-point pollution threatening surface water quality in Mason County Nothing within this chapter is intended to supersede, limit or reduce development rights on parcels within the district and any such development will continue to be regulated under Mason County development regulations, shoreline master program and other applicable building and land use codes. 6.88.030 - Definitions Reserved 6.88.040 - Clean Water Program Creation and Authority Mason County, pursuant to Chapter 90.72 RCW hereby creates a Clean Water Program to implement a comprehensive, countywide water quality plan. Watershed specific response plans may be created within the shellfish protection district boundaries as required in 90.72.045 RCW. 6.88.050 - District Boundaries The legal boundaries of the Mason County Clean Water District include all lands within Mason County with surface water drainage connection to a marine body of water as described by the Oakland Bay, Case Inlet, Hood Canal, Totten Little Skookum watersheds. r 6.88.060 -Assignment of a lead department The Mason County board of commissioners hereby directs Mason County Community Services to serve as the county department responsible for administering the Clean Water District (in coordination with the Washington State Department of Health, the Washington State Department of Ecology, the Puget Sound Partnership, Mason Conservation District, Skokomish Tribe, Squaxin Island Tribe, Lower Hood Canal Watershed Coalition, and other appropriate entities). 6.88.070 - Advisory Committee The Mason County board of commissioners will, through written resolution, create a local advisory committee to assist in implementinq the purposes and goals of this clean water district. 6.88.090 -Annual Fee A fee of five dollars and six cents ($5.06) per year per tax parcel within the Mason County Clean Water District as described in 6.88.050, except for tax parcels or lands described in 6.88.100 is hereby established. All tax parcels subject to fees shall be assessed annually beginning in 2022. Billing shall be included on the annual property tax statements and collected by the Mason County Treasurer consistent with Chapter 84.56 RCW. A re-occurring sunset of 5 years thereafter 2022 shall remain in effect requiring review and re-authorization by the Mason County Board of County Commissioners. Additional fees may be assessed upon tax parcels closed to commercial shellfish harvesting due to non-point pollution sources. Changes to annual fee will be subject to review and approval by the Mason County Board of Commissioners. 6.88.100 - Fee Exemption The following described parcels or lands shall not be subject to said annual fees described in 6.88.090: a. Tax parcels classified as forest land under Chapter 84.36 RCW and timber land under Chapter 84.34 RCW. b. Tax parcels within the boundaries of City of Shelton. c. Tax parcels connected to a Wastewater Treatment Facility or which fees are imposed under Chapter 36.94 RCW for substantially the same programs and services. d. Tax parcels determined by the county assessor to qualify for a senior citizen or disabled persons property tax exemption under RCW 84.36.381 on January 1 st of the tax year shall not be subject to said fee. e. All other exemptions outlined within Chapter 90.72.070 RCW. If a portion of a real property parcel does not satisfy any exemption criteria specified in this section, then the parcel shall be subject to said fee. BE IT FURTHER ORDAINED the Mason County Board of Commissioners hereby approves and adopts revisions to Mason County Code Title 3, Chapter 3.172 which is to read: Chapter 3.172 OAK AND BAY SHELLFISH FISH PROTECTION MASON COUNTY CLEAN WATER DISTRICT FUND 3.172.010 - Established. The Mason County board of county commissioners does hereby establish the Oakland Bay shellfish PFGtee Mason County Clean Water District fund (145-000-000) to receive resources and to pay the costs of the Qakland Bay Shellfish PFeteGtOGR Mason County Clean Water District. 3.172.020 - Administration. The director of publiG healt4 Mason County Community Services will administer this fund and pay proper expenses from this fund as approved by the Mason County board of county commissioners. DATED this day day of m111 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy, Ne th i hair McKenzie Unith, derk of the Board Sharon Tra , Commissioner APPROVED AS TO FORM: Tim Whitehead Kevin Shutty, Co issioner Chief Deputy Prosecuting Attorney tiT�\ Mason County Clean Water District Attachment A - -'� lRiJ ad�d as aM as ` C • r isis Hood,Cana ' t is •p ,ti Case-Inlet r � lI �Y ed •O '� t � ,�. 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