HomeMy WebLinkAbout43-06 - Ord. Amending County Code Title 8 Environmental Policy Regarding SEPA AppealsORD
I A \CCE UM I R 43 = 06
ITT ORD. k NC
MA SON COUNTY r T LE
G
VE \ D:NG SECTCIAS OF THE
2 N VTRO NIEN T L POILWC Y OR flN C
11SEPIA\ A;�z O"EAILS0
AN ORDIN & NCH, amending ' I'it $ Environme ita= Policy Ordinance regarding the
administrative appeal_ of State Environmental, Po :icy et (SEP ) determinations for proposed
actions, under t1c authority of Chap yens 36.70 and 36.70A RCM
WHERE S, SNP comment process allows parties }vo submit comment, argument, and evidence
on both 1_egisiative and permit proposals, and this process gives the County an opporUnity to
respond to that evidence;
WHJI�' E./ ;state law (Chap0 43.21 CC0.6C RC )such SEPA ` processes are suijcct
to adoption by local government;
WH TEREAS, Mason County adopts these regulations pursuant to the authority of Chapters 36.70
and 3 6.70A I! CW, and the County's police power, Article ` 1, Section 1 of the Washington
Constitution, and any other applicable authority;
WHEREAS, the Mason County Code Title 8 Environmental Policy Ordinance was last amended
by Ordinance No. 125-98 on December 1, 1998;
WHERE a, S, at the March 20 and April 17, 2006 Mason County Planning Advisory Commission
meetings, the Department of Community evelopment presented Title 8 Environmental Policy
Ordinance and Title 15 Tevelopment Code revisions, the Planning Advisory Commission
members discussed the proposed changes with staff and the public, and then passed a motion to
recommend approval of the Title 8 Environmental Policy Ordinance revisions;
WHEREAS, the oarc of County Commissioners held a public hearing about the proposed
revisions on May 23, 2006, to consider the recommendations of the Planning Advisory
Commission, and the testimony of the Mason County Department of Community Development
and citizens on the proposed revisions to the ie 8 VnvironmentaPolicy Ordinance; and
WH HREAS, based upon the staff report, text of the proposed revisions, and pub is testimony, €
Mason County lloard of Commissioners has approved findings of fact to support its decision as
TTAC,';M1HN'1L
e
Ordinance N oe43 - 06 (continued)
NOW, ',`H1HREEORE, E IT F IHREBY OR AIN-ED, that the Mason County Board of
Commissioners adopts a motion to approve the presented revisions bat would delete several
provisions to Title 8 Environmental Policy Ordinance regarding the administrative appeaof
Sta:e Environmental Po icy Act (SEPA) deter,ninations for proposed actions, as described by
A'_`'ACT --V IENT B.
DA': HP this 23rd day o-
0
0
Clerk of the Board
May 2006.
0 FORM
Prosecut' g Attorney
BO RID OF CM A TY COI •LMISSTONE LS
SON COUNTY, W ASW \ G IIO
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nda Ring Erieksbn,X -IAIRP - RS ON
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'T'im Sae
con, COMMISSIONER
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Jayni kamin, COMM s s
ONE
AN ORID
MASON C
Afl4(CI-W N11
N AN CCU AME \ D= N G SECTIONS OF T1LrE MITLIE
UN.7 V ENV N SAL POTLCY ORDINANCE
RJKGAI ID I \ C S TPA ?PEALS.
vfASON CCOU
v BOARD OARD OF CCOMMI[SS II O H ERS
May 239 2006
DI CAS OF v A CTI
0 Under consideration is :he amending rifle 8 vironni ental Po
he administrative appeal of Sate Environmental Poicy et CS II-4,PA)
actions, under er the authority of Chapters 36.70 and 36.70A 1': CW.
icy Ordinance regarding
determinations 'or proposed
2. T �� e Mason County c E avironmental Po icy Ordinance sets forth procecl
envr�AoDi---°enta_ review of pro
posed development and the receiving and integrating o
cornme nts made during that review
res -
rpublic
he
30 The Department of Corn4unity evelopment presented proposed revisions to Title 8
Environmental Policy Ordinance and Title : 5 Development Code :hat addressed the deletion of
text referring to appeals of SEPA determinations .
4. At the March 20 and gpril 17, 2006 Mason County Planning Advisory Commission
meetings, the Planning Advisory Commission members discussed these proposed changes wit
staff and the public, and then passed a motion to recommend approval of only the Title 8
Environmental Policy Ordinance revision, leaving Title 15 unchanged.
5. At the May 23, 2006 public hearing, the Board of County Commissioners considered the
recommendations of the Planning Advisory Commission, and the testimony of the Mason
County Department of Community Development and citizens regarding the proposed revisions
to the Title 8 Environmental Policy Ordinance.
FROM r1'iThE PRECED
NG FINDINGS, and based upon the staff report, proposed revisions,
and pub De testimony, the Mason County Board of Commissioners adopts a mot', on to approve
these revisions that delete provisions to '_'itle 8 nvironmental Policy Ordinance regarding the
administrative appear o f State Environmental Poicy et CS EP k\) determinations.
in,
Chair, Mason County Board o Commissio
Date
ATTACHMENT B
MASON COUNTY CODE TITLE 8
MASON COUNTY ENVIRONMENTAL POLICY ORDINANCE
• • • • • • • • • • • • • • • • • • • • • • • • • • •
8.32.030 Appeals. [deleted by Ord. No. _ -06 May 23, 2006]
• 7 y n 1 1 • 7 • • .•
113.21 C.075 and WAC 197 11 680:
(1) Any agency or person may appeal the ccxxrty's procedural compliance with Chapter
197 11 WAC for issuance of the following:
fourteen days of the date the DNS is final.
{B) A DS. The appeal must be made to the board of county commissioners within
fourteen days of the date the DS is issued (14 days after issuance of the threshold
determination).
(C) An EIS. Appeal of the FEIS must be made to the board o=
within fourteen days of the date the FEIS or supplemental EIS is issued.
(2) Provided, however, that the appeal periods stated in subsection (a) of this section shall
be extended for an additional seven days if state or local rules adopted pursuant to
Chapter 43.21c RCW allo-w public comment on a determination of nonsignificance.
(3) Such appeal shall be reviewed in accordance with the requirements stated in Mason
County Code, Title 15, Section 15.11.020.
(b) The county shall give official notice under WAC 197 11 680(5) whenever it issues a
permit or approval for which a statute or ordinance establishes a time limit for
commencing judicial appeal. [Statutory Authority: RCW /3.21C.130. 8-4 13 036 (Order
DE 84 25), § 173 806 170, filed 6/15/84. Formerly Chapter 173 805 WAC.] (Ord. 125
98 § 8.3, 1998: Ord. 55 97 § 8.3, 1997: Ord. 17 95, 1995; Ord. 99 84 § 8.3 (part), 1984).