HomeMy WebLinkAbout55-97 - Ord. Amendment to Environmental Policy Ordiance Nos. 758, 77-84 and 17-95 ORDINANCE NUMBER 55-97
AMENDMENTS TO THE MASON COUNTY
ENVIRONMENTAL POLICY ORDINANCE
AN ORDINANCE amending the following parts of the Mason County Environmental Policy Ordinance [Ord.
No. 758 (5/77), Ord. 77-84 (10/84), and Ord. 17-95 (2/95)]: Part Three General Requirements and Part
Eight - SEPA and Agency Decisions.
WHEREAS, the Board of County Commissioners did adopt the above-mentioned ordinances as the Mason
County Environmental Policy Ordinance and did adopt Title 8, Environmental Policy, in October 1978 as part
of the Mason County Code;
WHEREAS, RCW 36.70B (Local Project Review) was codified in 1996 and set forth project review procedures
which emphasize concurrent review and timely appeal processes, and Mason County Department of Community
Development is examining current ordinances and management programs to review for consistency with RCW
36.70B standards;
WHEREAS, the Mason County Planning Commission held a public meeting on April 21, 1997 and formulated
its recommendation and approved findings of fact;
WHEREAS, the Board of County Commissioners held a public hearing on May 13, 1997 to consider the
recommendations of the Planning Commission, Mason County Department of Community Development, and
citizens on the proposed amendments; and the Board of County Commissioners formulated its decision after the
public hearing and has approved findings of fact to support its decision;
NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Mason County Board of Commissioners hereby
approves and ADOPTS the amendments to the Mason County Environmental Policy Ordinance, No. 99-84, as
amended.
DATED this day of
, 1997.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Mary J. Ca'dy-, CHAIRPERSON
lerk of the Board
PROVED AS TO FORM: John A. Bolender, COMMISSIONER
A
LA_
iA0A
V
Prosecuting Attorney Cyn-thia2,I). Olsen, COMMISSIONER
J
c: Community Development
Prosecutor
ORDINANCE NO. 55-97
ORDINANCE - ENVIRONMENTAL POLICY
This ordinance supersedes Mason County Code, Title 8, Environmental FDfi_Qy dated
October 15, 1978; County Environmental Policy Ordinance 758, dated May 9, 1977;
Ordinance - Environmental Policy (Or .99-84) dated October 1, 1984; and Ord. 17-95,
dated February 28, 1995.
PART ONE - AUTHORITY
1 .1 The County of Mason adopts this ordinance under the State Environmental Policy
Act (SEPA), RC W 43.21 C.120, and the SEPA rules, WAC 197-11-904.
This ordinance contains this county's SEPA procedures and policies.
The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this
ordinance. [Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25),
173-806-010, filed 6/15/84. Formerly WAC 173-805-010.1
PART TWO - DEFINITIONS
2.1 Purpose of this Part and Adoption by Reference. This part contains uniform usage
and definitions of terms under SEPA. The county adopts the following sections by
reference;
197-11-734 Determination of
197-11-700 Definitions. nonsignificance (DNS).
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum. 197-11-736 Determination of significance
197-11-708 Adoption. (DS).
197-11-710 Affected tribe. 197-11-738 EIS.
197-11-712 Affecting. 197-11-740 Environment.
197-11-714 Agency. 197-11-742 Environmental checklist.
197-11-716 Applicant. 197-11-744 Environmental document.
197-11-718 Built environment. 197-11-746 Environmental review.
197-11-720 Categorical exemption. 197-11-748 Environmental sensitive area.
197-11-722 Consolidated appeal. 197-11-750 Expanded scoping.
197-11-724 Consolidated agency. 197-11-752 Impacts.
197-11-726 Cost-benefit analysis. 197-11-754 Incorporation by reference.
197-11-728 County/city. 197-11-756 Lands covered by water.
197-11-730 Decision maker. 197-11-758 Lead agency.
197-11-732 Department. 197-11-760 License.
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197-11-762 Local agency. 197-11-788 Responsible official.
197-11-764 Major action. 197-11-790 SEPA.
197-11-766 Mitigated DNS. 197-11-792 Scope.
197-1 1-768 Mitigation. 197-11-793 Scoping.
197-11-770 Natural environment. 197-11-794 Significant.
197-11-772 NEPA. 197-11-796 State agency.
197-11-774 Non-project. 197-11-797 Threshold determination.
197-11-776 Phased review. 197-11-799 Underlying governmental
197-11-778 Preparation. action.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
[Statutory Authority: RCW 43.21 C.130.84-13-036 (Order DE 84-25), §173-806-175,
filed 6/15/84. Formerly, WAC 173-805-020.1
2.2 Additional Definitions. In addition to those definitions contained within WAC 197-
11-700 through 197-11-799, when used in this ordinance, the following terms shall
have the following meanings, unless the context indicates otherwise:
(1) "Department" means any division, subdivision or organizational unit of the
county established by ordinance, rule or order.
(2) "SEPA rules" means Chapter 197-11 WAC adopted by the Department of
Ecology.
(3) "Ordinance" means the ordinance, resolution, or other procedure used by
the county to adopt regulatory requirements.
(4) "Early notice" means the county's response to an applicant stating
whether it considers issuance of a determination of significance likely for
the applicant's proposal (mitigated determination of nonsignificance (DNS)
procedures). [Statutory Authority: RCW 43-21 C.130.84-13-036 (Order DE
84-25), §173-706-030, filed 6/15/84. Formerly WAC 173-805-030.1
(5) "Urban Growth Area". Those such areas designated in the county
Comprehensive plan or other land control ordinances.
PART THREE - GENERAL REQUIREMENTS
3.1 Purpose of this Part and Adoption by Reference. This part contains the basic
requirements that apply to the SEPA process. The county adopts the following sections
of Chapter 197-1 1 of the Washington Administrative Code by reference:
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WAC
197-11-040 Definitions.
197-11-050 Lead Agency.
197-11-055 Timing of the SEPA process.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-111-090 Supporting documents.
197-11-100 Information required of applicants.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE84-25), §173-806-020,
filed 6/15/84. Formerly WAC 173-805-020.1
3.2 Designation of Responsible Official.
(1) For public proposals, the head (administrative official) of the department making the
proposal shall be the responsible official. For private proposals, the head
(administrative official) of the department with primary responsibility for approving the
permits and licenses for the proposal shall be the responsible official. When multiple
officials have permitting authority, the assignment of responsibility shall be reached by
agreement.
(2) For all proposals for which the county is the lead agency, the responsible official
shall make the threshold determination, supervise scoping and preparation of any
required environmental impact statement (EIS), and perform any other functions
assigned to the "lead agency" or "responsible official" by those sections of the SEPA
rules that were adopted by reference in par. 3.1 above.
(3) For any proposal as defined in (1) and (2) above, the Mason County Board of
Commissioners may assume the status of "Decision maker" as defined in WAC 197-11-
730 in which case the responsible official shall be subject to the directions of the
County Commissioners.
(4) The county shall retain all documents required by the SEPA rules (Chapter 197-11
WAC) and make them available in accordance with Chapter 42.17 RCW. [Statutory
Authority: RCW 43.21 C.130. 84-13-036 (Order DE84-25), §173-806-040, filed
6/15/84. Formerly WAC 173-805-115.1
3.4 Lead Agency Determination and Responsibilities.
(1) The department within the county receiving an application for or initiating a
proposal that involves a nonexempt action shall determine the lead agency for that
proposal under WAC 197-11-050 and 197-11-922 through 197-11-040; unless the lead
agency has been previously determined or the department is aware that another
department or agency is in the process of determining the lead agency.
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(2) When the county is the lead agency for a proposal, the department receiving the
application shall determine the responsible official who shall supervise compliance with
the threshold determination requirements, and if an EIS is necessary, shall supervise
preparation of the EIS.
(3) When the county is not the lead agency for a proposal, all departments of the
county shall use and consider, as appropriate, either the DNS or the final EIS of the lead
agency in making decisions on the proposal. No county department shall prepare or
require preparation of a DNS or EIS in addition to that prepared by the lead agency,
unless required under WAC 197-11-600. In some cases, the county may conduct
supplemental environmental review under WAC 197-11-600.
(4) If the county or any of its departments receives a lead agency determination made
by another agency that appears inconsistent with the criteria of WAC 197-11-922
through 197-11-940,It may object to the determination. Any objection must be made.
to the agency originally making the determination and resolved within fifteen days of
receipt of the determination under WAC 197-11-946 within the fifteen-day time period.
Any such petition on behalf of the county may be initiated by the Mason County
Commissioners.
(5) Departments of the county are authorized to make agreements as to lead agency
status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-
944: Provided, that the Mason County Board of Commissioners approve the
agreements.
(6) Any department making a lead agency determination for a private project shall
require sufficient information from the applicant to identify which other agencies have
jurisdiction over the proposal (That is: Which agencies require nonexempt licenses?).
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE84-25), §173-806-050,
filed 6/15/84. Formerly WAC 173-805-070.1
3.5 Additional Considerations.
(1) SEPA review shall be conducted concurrently with development project review.
(2) The DNS or draft EIS for the proposal shall accompany the county's staff
recommendation to any appropriate advisory body, such as the planning commission.
(3) If the County's only action on a proposal is a decision on a building permit or other
license that requires detailed project plan and specifications, the applicant may request
in writing that-the county conduct environmental review prior to submission of the
detailed plans and specifications. [Statutory Authority: RCW 43.21 C.130. 84-13-036
(Order DE84-25), §173-806-058, filed 6/15/84. Formerly WAC 173-805 WAC.]
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PART FOUR
CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
4.1 Purpose.of this Part and Adoptio[i by BflfareD-ce. This part contains the rules for
deciding whether a proposal has a "probable significant, adverse environmental impact"
requiring an environmental impact statement (EIS) to be prepared. This part also
contains rules for evaluating the impacts of proposals not requiring an EIS. The county
adopts the following sections by reference, as supplemented in this part:
WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-360 Determination of significance (DS)/initiation of scoping.
197-11-390 Effect of threshold determination.
[Statutory Authority: RC W 43.21 C.130. 84-13-036 (Order DE84-25), §173-806-065,
filed 6/15/84. Formerly WAC 173-805-020 WAC.]
4.2 Flexible Thresholds for Categorical Exemptions.
(1) Mason County establishes the following exempt levels for minor new construction
under WAC 197-11-800(1)(b) based on local conditions:
(a) For residential dwelling, units in WAC 197-11-800(1)(b)(1): - Up to 20
dwelling units.
(b) For agricultural structures in WAC 197-11-800(1) (b)(ii): Up to 30,000
square feet.
(c) For office, school, commercial, recreational, service or storage buildings in
WAC 197-11-800(1)(b)(iii): Up to 12,000 square feet and up to 40 parking
spaces.
(d) For parking lots in WAC 197-11-800(1)(b)(iv): Up to 40 parking spaces.
(e) For landfills and excavations in WAC 197-11-8000)(b)(v): Up to 500 cubic
yards.
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(2) Whenever the county establishes new exempt levels under this section, it shall
send them to the Department of Ecology, Headquarters Office, Olympia, Washington
98504 under WAC 197-11-8000)(c). [Statutory Authority: RCW 43.21 C.130. 84-13-
036 (Order DE84-25), §173-806-070, filed 6/15/84. Formerly WAC 173-805 WAC.]
4.3 Use of Exemptions.
(1) Each department within the county that receives an application for a license or, in
the case of governmental proposals, the department initiates the proposal, shall
determine whether the license and/or the proposal.is exempt. The department's
determination that a proposal is exempt shall be final and not subject to administrative
review. If a proposal is exempt, none of the procedural requirements of this ordinance
apply to the proposal. The county shall not require completion of an environmental
checklist for an exempt proposal.
(2) In determining whether or not a proposal is exempt, the department shall make
certain the proposal is properly defined and shall identify the governmental licenses
required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the
department shall determine the lead agency, even if the license application that triggers
the department's consideration is exempt.
(3) If a proposal includes both exempt and nonexempt actions, the county may
authorize exempt actions prior to compliance with the procedural requirements of this
ordinance, except that:
(a) The county shall not give authorization for:
(1) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact; or
(iii) Any action that would limit the choice of alternatives.
(b) A department may withhold approval of an exempt action that would lead to
modification of the physical environment, when such modification would serve no
purpose if nonexempt action(s) were not approved; and
(c) A department may withhold approval of exempt actions that would lead to
substantial financial expenditures by a private applicant when the expenditures
would serve no purpose if nonexempt action(s). were not approved. [Statutory
Authority: RCW 43.21 C.130. 84-13-036 (Order DE84-25), §173-806-080, filed
6/15/84. Formerly WAC 173-805-060 WAC.]
4.4 Environmental Checklist.
(1) A completed environmental checklist (or a copy), in the form provided in WAC 197-
1 1-960, shall be filed at the same time as an application for a permit, license,
certificate, or other approval not specifically exempted in this. ordinance; except, a
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checklist is not needed if the county and applicant agree an EIS is required, SEPA
compliances has been completed, or SEPA compliance has been initiated by another
agency. The county shall use the environmental checklist to determine the lead agency
and, if the county is the lead agency, for determining the responsible official and for
making the threshold determination.
(2) For private property, the county will require the applicant to complete the
environmental checklist providing assistance as necessary. For county proposals, the
department initiating the proposal shall complete the environmental checklist for that
proposal.
(3) The county may require that it, and not the private applicant, will complete all or
part of the environmental checklist for a private proposal, if either of the following
occurs:
(a) The county has technical information on a question or questions that is
unavailable to the private applicant; or
(b) The applicant has provided inaccurate information on previous proposals or
on proposals currently under consideration. [Statutory Authority: RCW
43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-090, filed 6/15/84.
Formerly WAC 173-805-090.1
4.5 Mitigated DNS.
(1) As provided in this section and in WAC 197-11-350, the responsible official may
issue a DNS based on conditions attached to the proposal by the responsible official or
on changes to, or clarifications of, the proposal made by the applicant.
(2) An applicant may request in writing early notice of whether a DS is likely under
WAC 197-11-350. The request must:
(a) Follow submission of a permit application and environmental checklist for a
nonexempt proposal for which the department is lead agency; and
(b) Precede the county's actual threshold determination for the proposal.
(3) The responsible official should respond to the request for early notice within fifteen
working days. The response shall:
(a) Be written;*
(b) State whether the county currently considers issuance of a DS likely and,
if so, indicate the general or specific area(s) of concern that is/are leading
the county to consider a DS; and
(c) State that the applicant may change or clarify the proposal to mitigate the
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indicated impacts, revising the environmental checklist and/or permit
application as necessary to reflect the changes or clarifications.
(4) As much as possible, the county should assist the applicant with identification of
impacts to the extent necessary to formulate mitigation measures.
(5) When an applicant submits a changed or clarified proposal, along with a revised or
amended environmental checklist, the county shall base its threshold determination on
the changed or clarified proposal and should make the determination within fifteen days
of receiving the changed or clarified proposal:
(a) If the county indicated specific mitigation measures in its response to the
request for early notice, and the applicant changed or clarified the proposal to
include those specific mitigation measures, the county shall issue and circulate a
DNS under WAC 197-11-340(2).
(b) If the county indicated areas of concern, but did not indicate specific
mitigation measures that would allow it to issue a DNS, the county shall make
the'threshold determination, issuing a DNS or DS as appropriate.
(c) The applicant's proposed mitigation measures (clarifications, changes or
conditions) must be in writing and must be specific. For example, proposals to
"control noise" or "prevent stormwater runoff" are inadequate, whereas
proposals to "muffle machinery to X decibel" or ".construct 200-foot stormwater
retention pond at Y location" are adequate.
(d) Mitigation measures which justify issuance of a mitigated DNS may be
incorporated in the DNS by reference to agency staff reports, studies or other
documents.
(6) A mitigated DNS is issued under WAC 197-11-340(2); requiring a fifteen-day
comment period and public notice.
(7) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions
of approval of the permit decision and may be enforced in the same manner as any
term or condition of the permit, or enforced in any manner specifically prescribed by the
county.
(8) If the county's tentative decision on a permit or approval does not include
mitigation measures that were incorporated in a mitigated DNS for the proposal, the
county should-evaluate the threshold determination to assure consistency with WAC
197-11-340(3)(a) (withdrawal or DNS).
(9) The county's written response under Subsection(2) of this section shall not be
construed as a determination of significance. In addition, preliminary discussion of
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clarifications or changes to a proposal, as opposed to a written request for early notice,
shall not bind the county to consider the clarifications or changes in its threshold
determination. [Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25),
§173-806-100, filed 6/15/84. Formerly Chapter 173-805 WAC.]
PART FIVE
ENVIRONMENTAL IMPACT STATEMENT
(EIS)
5.1. Purpose of thisPart and Adoption by Reference. This part contains the rules for
preparing environmental impact statements. The county adopts the following sections
by reference, as supplemented by this part:
WAC
197-11-400 Purpose of EIS.
197-11-402 General Requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping (Optional).
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on non-project proposals.,
197-11-443 EIS contents when prior non-project EIS.
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-110,
filed 6/15/84. Formerly Chapter 173-805-020.1
5.2 Preparation of EIS Additional Considerations.
(1) Preparation or draft and final ElSs (DEIS and FEIS) and draft and final supplemental
ElSs (SETS) is the responsibility of the responsible official. Before the county issues an
EIS, the responsible official shall be satisfied that it complies with this ordinance and
Chapter 197-11 WAC.
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(2) The DEIS and FEIS or draft and final SEIS shall be prepared by county staff, the
applicant, or by a consultant selected by the county or the applicant. If the responsible
official requires an EIS for a proposal and determines that someone other than the
county will prepare the EIS, the responsible official shall notify the applicant
immediately after completion of the threshold determination. The responsible official
shall also notify the applicant immediately after completion of the threshold
determination. The responsible official shall also notify the applicant of the county's
procedure for EIS preparation, including approval of the DEIS and FEIS prior to
distribution.
(3) The county may require an applicant to provide information the county does not
possess, including specific investigations. However, the applicant is not required to
supply information that is not required under this ordinance or that is being requested
from another agency. (This does not apply to information the county may request under
another ordinance or statutes.) [Statutory Authority: RCW 43.21 C.130. 84-13-036
(Order DE 84-25), §173-806-120, filed 6/15/84. Formerly Chapter 173-805-100.1
PART SIX
COMMENTING
6.1 Adoption by Reference. This part contains the rules for consulting, commenting,
and responding on all environmental documents under SEPA, including rules for public
notice and hearings. The county adopts the following sections by reference, as
supplemented in this part:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA Register.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
6.2 Public Notice.
(1) Whenever Mason County issues a DNS under WAC 197-11-340(2) or a DS under
WAC 197-11-360(3) the county shall give public notice as follows:
(a) If public notice is required for a nonexempt license, the notice shall state
whether a DS or DNS has been issued and when comments are due.
(b) If no public notice is required for the permit or approval, the county shall
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give notice of.the DNS or DS by:
(1) Posting the property, for site-specific proposals;
00 Notice by publication for commercial and industrial projects.
(c) Whenever the county issues a DS under WAC ,1 97-11-360(3), the county
shall state the scoping procedure for the proposal in the DS as required in
WAC 197-11-408 and in the public notice.
(d) For site specific proposal located in the urban growth area or within 1000
feet of its boundary, the county shall provide notice to any adjoining city
whenever it issues a DS or DNS.
(2) Whenever the county issues a DEIS under 197-11-455(5) or a SEIS under WAC
197-11-620, notice of the availability of those documents shall be given by:
(a) Indicating the availability of the DEIS in any public notice required for a
nonexempt license, and
(b) Posting the property, for site-specific proposals;
(c) Notifying public or private groups which have. expressed interest in a certain
proposal or in the type of proposal being considered;
(3) Whenever possible, the county shall integrate the public notice required under this
section with existing notice procedures for the county's nonexempt permit(s) or
approval(s) required for the proposal.
(4) The county may require an applicant to complete the public notice requirements for
the applicant's proposal at his or her expense.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-130,
filed 6/15/84. Formerly Chapter 173-805 WAC.]39WAC.]
6.3 Designation of Official to Perform Consulted Agency Responsibilities for the
County.
(1) The Department of General Services shall be responsible for preparation of written
comments for the county in response to a consultation request prior to a threshold
determination, participation in scoping, and reviewing a DEIS.
(2) This department shall be responsible for the county's compliance with WAC 197-
11-550 whenever the county is a consulted agency and is authorized to develop
.operating procedures that will ensure that responses to consultation requests are
prepared in a timely fashion and include data from all appropriate departments of the
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county. [Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-
806-140, filed 6/15/84. Formerly Chapter 173-805-110.1
(3) The department's actions are subject to the review and approval of the Mason
County Commissioners.
PART SEVEN
USING EXISTING ENVIRONMENTAL DOCUMENTS
7.1 Purpose of this Part and Adoption by Reference. This part contains rules for using
and supplementing existing environmental documents prepared under SEPA or National
Environmental Policy Act (NEPA) for the county's own environmental compliance. The
county adopts the following sections by reference:
WAC
197-11-600 When to use existing environmental documents.
197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental impact statement - .Procedures.
197-11-625 Addenda - Procedures.
197-11-630 Adoption - Procedures.
197-1 1-635 Incorporation by reference - Procedures.
197-1 1-640 Combining documents.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-150,
filed 6/15/84. Formerly Chapter 173-805-020.1
PART EIGHT
SEPA AND AGENCY DECISIONS
8.1 Purpose of this Part and Adoption by Reference This part contains rules (and
policies) for SEPA's substantive authority, such as decisions to mitigate or reject
proposals as a result of SEPA. This part also contains procedures for appealing SEPA
determinations to agencies or the courts. The county adopts the following sections by
reference:
WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-155,
filed 6/15/84. Formerly Chapter 173-805-020.1
8.2 Substantive Authority.
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(1) The policies and goals set forth in this ordinance are supplementary to those in the
existing authorization of Mason- County.
(2) The county may attach conditions to a permit or approval for a proposal so long as:
(a) Such conditions are necessary to mitigate specific probable adverse
environmental impacts identified in environmental documents prepared pursuant
to this ordinance; and
(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions are reasonable and
capable of being accomplished; and
(d) The county has considered whether other local, state or federal mitigation
measures applied to the proposal are sufficient to mitigate the identified impacts;
and
(e) Such conditions are based on one or more policies in Subsection (4) or this
section and cited in the license or other decision document.
(3) The county may deny a permit or approval for a proposal on the basis of SEPA so
long as:
(a) A finding is made that approving the proposal would result in probable
significant adverse environmental impacts that are identified in a FEIS or final
SEIS prepared pursuant to this ordinance; and
(b) A finding is made that there are no reasonable mitigation measures capable
of being accomplished that are sufficient to mitigate the identified impact; and
(c) The denial is based on one or more policies identified in Subsection (4) of this
section and identified in writing in the decision document.
(4) The county designates and adopts by reference the following policies as the basis
for the countys exercise of authority pursuant to this section;
(a) The county shall use all practicable means, consistent with other essential
considerations of state policy, to improve and coordinate plans, functions,
programs, and resources to the end that the state and its citizens may:
(1) Fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
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(ii) Assure for all people of Washington safe, healthful, productive, and
aesthetically and culturally pleasing surroundings;
(iii) Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety, or other undesirable and unintended
consequences;
(iv) Preserve important historic, cultural and natural aspects of our
national heritage;
(v) Maintain, wherever possible, an environment which supports diversity
and variety of individual choice;
NO Achieve'a balance between population and resource use which will
permit high standards of living and a wide sharing of Iife's amenities; and
(vii) Enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
(b) the county recognizes that each person has a fundamental and inalienable
right to a healthful environment ant that each person has a responsibility to
contribute to the preservation and enhancement of the environment.
(c) The county adopts by reference the policies in the following county codes
and plans: Uniform Building Code; Mason County Shoreline Master Plan.
(5) Except for permits and variances issued pursuant to Title Seven Mason County
Code (Mason County Shoreline Master Plan), when any proposal or action not requiring
a decision of the County Commission is conditioned or denied on the basis of-SEPA by
a non-elected official, the decision shall be appealable to the County Commission.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-160,
filed 6/15/84. Formerly Chapter 173-805 WACJ
8.3 Appeals.
(1) Mason County establishes the following administrative appeal procedures under
RCW 43.21 C.075 and WAC 197-1 1-680:
(a) Any agency or person may appeal the county's procedural compliance with
Chapter 197-1 1 WAC for issuance of the following:
(1) A final DNS: Appeal must be made to the Board of County
Commissioners within fourteen days of the date the DNS is final (15 days
after issuance of the threshold determination).
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(ii) A DS: The appeal must be made to the Board of County
Commissioners within fourteen days of the date the DS is issued (15 days
after issuance of the threshold determination).
(iii) An EIS: Appeal'of the FEIS must be made to the Board of County
Commissioners within twenty-one days of the *date the FEIS or
supplemental EIS is issued.
(b) Such appeal shall be reviewed in accordance with the requirements stated in
Mason County Code,Title 15, Section 15.11.020.
(2) 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 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-170,
filed 6/15/84. Formerly Chapter 173-805 WAC.]
8.4 Notice/Statute of Limitations.
(1) The county, applicant for, or proponent of an action may publish a notice of action
pursuant to RCW 43.21 C.080 for any action.
(2) The form of the notice shall be substantially in the form provided in WAC 197-11-
990. The notice shall be published by the county auditor, applicant or proponent
pursuant to RCW 43.21 C.080. [Statutory Authority: RCW 43.21 C.130. 84-13-036
(Order DE 84-25), §173-806-173, filed 6/15/84. Formerly Chapter 173-805-135.1
PART NINE
CATEGORICAL EXEMPTIONS
9.1 Adoption by Reference. The county adopts by reference the following rules for
categorical exemptions, as supplemented in this ordinance, including Part Four, 4.2
(Flexible Thresholds), Part Four, 4.3 (Use of Exemptions), and Part Ten, 10.2
(Environmentally Sensitive Areas):
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-180,
filed 6/15/84. Formerly WAC 173-805-020.1
PART TEN
AGENCY COMPLIANCE
10.1 impose of this Part and Adoption y Reference. This part contains rules for
agency compliance with SEPA, including rules for charging fees under the SEPA
process, designating environmentally sensitive area, listing agencies with environmental
expertise, selecting the lead agency, and apply these rules to current agency activities.
The county adopts the following sections by reference, as supplemented by WAC 173-
806-045 through 173-806-043 and this part:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-1 1-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than one
agency, when one of the agencies is a county:
197-1 1-934 Lead agency for private projects requiring licenses from a local agency, not
a county, and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more than one
state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-1 1-948 Assumption of lead agency status..
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-185,
filed 6/15/84. Formerly WAC 173-805-020.1
10.2 Environmentally Sensitive Areas.
(1) The map(s) filed under Ordinance 758 designate the location of environmentally
sensitive areas within the county and are adopted by reference. For each
environmentally sensitive area, the exemptions within WAC 197-11-800 that are
inapplicable for that area are: (1), (2)(a) through (b), (1). Unidentified exemptions shall
continue to apply within environmentally sensitive areas of the county.
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(2) The county shall treat proposals located wholly or partially within an
environmentally sensitive area no differently than other proposals under the ordinance,
making a threshold determination for all such proposals. The county shall not
automatically require an EIS for a proposal merely because it is proposed for location in
an environmentally sensitive area.
(3) Certain exemptions do not apply on lands covered by water, and this remains true
regardless of whether or not lands covered by water are mapped. [Statutory Authority:
RC W 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-190, filed 6/15/84.
Formerly WAC 173-805-050.1
10.3 Eou. The county shall require the following fees for its activities in accordance
with the provisions of this ordinance:
(1) Threshold determination. For every environmental checklist the county will review
when it is lead agency, the county shall collect a fee of $110.00 from the proponent of
the proposal prior to undertaking the threshold determination. The time periods
provided by this ordinance for making a threshold determination shall not begin to run
until payment of the fee. When the county completes the environmental checklist at
the applicant's request or under WAC 173-806-090(3) of this ordinance, an additional
$25.00 shall be collected.
(2) Environmental impact statement.
(a) When the county is the lead agency for a proposal requiring an EIS and the
responsible official determines that the EIS shall be prepared by employees of the
county, the county may charge and collect a reasonable fee from any applicant
to cover costs incurred by the county in preparing the EIS. The responsible
official shall advise the applicant(s) of the projected costs for the EIS prior to
actual preparation; the applicant shall post bond or otherwise ensure payment of
such costs.
(b) The responsible official may determine that the county will contract directly
with a consultant for preparation of an EIS, or a portion of the EIS, for activities
initiated by some persons or entity other than the county and may bill such costs
and expenses directly to the applicant. The county may require the applicant to
post bond or otherwise ensure payment of such costs. Such consultants shall be
selected by mutual agreement of the county and applicant after a call for
proposals.
(c) If a proposal is modified so that an EIS is no longer required, the responsible
official shall refund any fees collected under (a) or (b) of this subsection which
remain after incurred costs are paid.
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(3) The county may collect a reasonable fee from an applicant to cover the cost of
meeting the public notice requirements of this ordinance relating to the applicant's
proposal.
(4) The county shall not collect a fee for performing its duties as a consulted agency.
(5) The county may charge any person for copies of any document prepared under this
ordinance, and for mailing the document, in a manner provided by Chapter 42.17 RCW.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-200,
filed 6/15/84. Formerly WAC 173-805-130.1
10.4 Effective Date.
The effective date of this ordinance is October 1, 1984. [Statutory Authority: RCW
43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-205, filed 6/15/84. Formerly
WAC 173-805 WAC.]
10:5 Severability. If any provision of this ordinance or its application to any person or
circumstance is held invalid, the remainder of this ordinance, or the application of the
provision to other persons or circumstances, shall not be affected. [Statutory
Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-220, filed
6/15/84. Formerly WAC 173-805-140.1
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