HomeMy WebLinkAbout2019/06/18 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North 5th Street, Shelton, WA
June 18, 2019
1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m.
2. Pledge of Allegiance— Bernie Games led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin
Shutty; Commissioner District 3— Sharon Trask
4. Correspondence and Organizational Business
4.1 Correspondence— No correspondence to report.
4.2 News Release: County Road Chip Seal and Restriping in the months of July and August Staff:
Loretta Swanson
4.3 News Release: Mason County Historic Preservation Commission vacancy
Staff: Michael MacSems
5. Open Forum for Citizen Input— None.
6. Adoption of Agenda - Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as
published. Motion carried unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes— May 28, 2019 Regular Minutes
Cmmr. Trask/Neatherlin moved and seconded to adopt the May 28, 2019 regular meeting
minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye.
8. Approval of Action Agenda:
8.1 Approval to sign a letter of no objection for the special occasion liquor license
application for the Fjordin Crossing on June 29, 2019 at the Port of Hoodsport.
8.2 Approval to allow Chief Administrative Official, Frank Pinter, to sign the Greenhouse Gas
Reduction Policy and certify this project will adhere to this policy.
8.3 Approval to set a hearing on Tuesday, July 2, 2019 at 9:15 a.m. to consider the sale of
parcel 32232-52-08021, located on E. Port Townsend Street, Union and parcel32021-
56-01013, 160 E Panorama Drive, Shelton.
8.4 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8064767-8064931 $ 543,454.49
Direct Deposit Fund Warrant #s 59475-59867 $ 713,082.29
Salary Clearing Fund Warrant #s 7004467-7004505 $ 978,844.69
8.5 Approval to authorize ER&R to declare a list of vehicles and miscellaneous parts/assets
as surplus and allow ER&R to dispose of pursuant to Mason County Code and state laws.
8.6 Approval of an overtime contract between the Mason County Sheriff's Office and Mason
County Fire District (MCFD) #6 for security work at their board meetings.
8.7 Approval of a resolution to adopt the Mason County Revenue (cash) Handling Policy and
Procedures. (Ex.A—Res. 56-19)
8.8 Approval to reschedule the June 25, 2019 Commission meeting time to 9:00 a.m. rather
than 6:00 p.m.
Cmmr. Neatherlin requested to remove item 8.6 for discussion.
Cmmr. Trask/Neatherlin moved and seconded to approve action items 8.1 through 8.8
with the exception of item 8.6. Motion carried unanimously. N-aye; S-aye; T-aye.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
June 18, 2019 - PAGE 2
8.6Chief Dracobly said he was contacted by the Chief at MCFD 6 to provide security at the meetings.
Cmmr. Shutty asked if other organizations have asked for similar work. Chief Dracobly said yes
and gave some examples of this work.
Constance Ibsen asked if any documentation was received making it seem as though the board
had approved this contract. He said no, and that the contract was from Chief Volk. She thanked
the Board for following procedures because she was unaware of this contract even though she
has attended meetings at FD #6.
Cmmr. Neatherlin said Chief Volk probably has the power to hire this security without presenting
it to the board because the Chief usually has spending power. He then spoke to the influence
made by the presence of an officer in certain situations which Cmmr. Trask agreed with.
Cmmr. Neatherlin/Trask moved and seconded to approve the overtime contract
between the Mason County Sheriff's Office and Mason County Fire District(MCFD) #6
for security work at their board meetings. Motion carried unanimously. N-aye; S-aye;
T-aye.
9. Other Business (Department Heads and Elected Officials)- None
10. 9:15 a.m. Public Hearings and Items set for a certain time—
10.1 Public Hearing to consider the approval of the following budget supplemental
appropriations and amendments to the 2019 budget:
• Total adjustments to authorized expenditure appropriations in the General Fund:
$462,959
• Total adjustments to authorized expenditure appropriations in funds other than the
General Fund: $647,974.
Staff: Jennifer Beierle
Jennifer Beierle quickly briefed the board on the amounts. No public comment was received.
Cmmr. Neatherlin/Trask moved and seconded to approve the following budget
supplemental appropriations and amendments to the 2019 budget:
• Total adjustments to authorized expenditure appropriations in the General
Fund: $462,959
• Total adjustments to authorized expenditure appropriations in funds other
than the General Fund: $647,974.
Motion carried unanimously. N-aye; S-aye; T-aye.
10.2 Public Hearing to consider code amendments Title 14, Chapter 14.22 Flood Damage
Prevention and Title 8, Chapter 8.52, Section 8.52.130, Frequently Flooded Areas.
Staff: Kell Rowen
Kell Rowen said the last FEMA mapping was done in the 80's and early 90's meaning they are
quite out of date. She spoke to the process of updating the information and mapping, noting
they have been working since 2017 to get Mason County into compliance with federal laws.
No public comment received.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
June 18, 2019 - PAGE 3
Cmmr. Neatherlin/Trask moved and seconded to approve the code amendments
as proposed in attachment A and attachment B. Motion carried unanimously. N-
aye; S-aye; T-aye. (Ex.B-Res.57-19)
10.3 Public Hearing to consider amending County Code Chapter 4.08 -Animal Code.
Presenter: Cmmr. Shutty
Cmmr. Shutty explained that this update is to add language making it unlawful for an owner
of an animal to allow the animal to enter or trespass onto private property or to allow said
animal to run at large onto public property.
An unknown citizen questioned if this will allow the Sheriff to do something about stray dogs
and if the owners will be fined. Cmmr. Shutty read from the attachment in the packet noting
there would be a $250 fine. Assistant Prosecuting Attorney Tim Whitehead added that if the
owner knowingly violates the law it could be a misdemeanor.
Cmmr. Trask/Neatherlin moved to amend County Code Chapter 4.08 making it
unlawful for an owner of an animal to allow the animal to enter or trespass onto
private property or to allow said animal to run at large onto public property.
Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.C—Res.58-19)
11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment-The meeting adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
i
Melisa-Drevky, Clerk of the Board Kevin Shutty, Cha
�4
Sharon TraCommissioner
Ran y Neatherlin, Commissioner
Exhibit A
Resolution Number La-14 -
Mason County Revenue (Cash) Handling Policy & Procedures
WHEREAS; the Washington State Auditor's Office recommends that counties
have a Revenue (Cash) Handling Policy approved and implemented to provide for the
continued safety of public monies:
WHEREAS; the Mason County Audit Committee had undertaken the
responsibility of drafting said policy and procedures, vetting such policy and procedures
with county departments and approving the final draft for presentation to the Mason
County Board of County Commissioners with a do pass recommendation;
THEREFORE; after a review of such Revenue (Cash) Handling Policy and
Procedures, the Mason County Board of Commissioner's hereby approves the Mason
County Revenue (Cash) Handling Policy and Procedures as set out in Exhibit"A", herein
attached.
Approved this day of June, 2019
BOARD OF COUNTY COMMISSIONERS
MASON COU WASHINGTON
Kevin Shu C air
ATTEST:
Rand Neatherlin,-Co)4llmissioner
Sharon Trask, Commissioner
Cle o e Board
APPROVED AS TO FORM:
Tim White*ad,—Chief Deputy Prosecuting Attorney
Exhibit B
ORDINANCE NUMBER
AMENDMENT TO MASON COUNTY CODE TITLE 14 AND TITLE 8
ORDINANCE amending Mason County Code Title 14, Chapter 14.22, Flood Damage
Prevention and Title 8, Chapter 8.52, Section 8.52.130 Frequently Flooded Areas.
WHEREAS, under the authority of Chapter 86.16 RCW and Chapter 36.70A RCW Mason
County has the authority to administer floodplain management regulations; and
WHEREAS, the Federal Emergency Management Agency (FEMA) updated the Flood
Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRMS) for unincorporated Mason
County identifying the Special Flood Hazard Areas(SFHAs); and
WHEREAS, on August 30, 2016, FEMA provided Mason County with Preliminary copies of the
FIS report and FIRMS that identify existing flood hazards in Mason County, including Base
Flood Elevations (BFEs); and
WHEREAS, on July 18, 2017 Mason County adopted Ordinance 41-17 amending Title 14,
Chapter 14.22 Flood Damage Prevention to regulate development based on the Preliminary
maps as Best Available Science, when the Preliminary FIRMS are more restrictive than the
1988 and 1998 FIRMS; and
WHEREAS, on May 31, 2018, FEMA provided Mason County with revised Preliminary copies
of the FIS report and FIRM; and
WHEREAS, on December 20, 2018, Mason County was formally notified by FEMA of the Final
Flood Hazard determination for the Unincorporated Areas of Mason County in compliance
with Title 44, Chapter I, Part 67,Section 67.11 Code of Federal Regulations (CFR);and
WHEREAS, the Planning Department amended Title 14, Chapter 14.22 Flood Damage
Prevention in compliance with the Code of Federal Regulations (44 CFR 60.3) and Title 8,
Chapter 8.52, Section 8.52.130 Frequently Flooded Areas in compliance with the Growth
Management Act(36.70A RCW); and
WHEREAS,the Board of County Commissioners conducted a public hearing regarding Mason
County Code Title 14, Chapter 14.22 and Title 8, Chapter 8.52, Section 8.52.130 on June 18,
2019; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 14, Chapter 14.22 Flood Damage
Prevention as described in ATTACHMENT A and Title 8, Chapter 8.52, Section 8.52.130
Frequently Flooded Areas as described in ATTACHMENT B.
IQk�-
DATED this I 0 day of ,Tutt 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
t
Kevin Shutty, hair
Melfi a ry,Clerk cfthe Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
"'Tim Whitel ,I ief DPA Rand eatherlin, Commissioner
Z
ATTACHMENT A
Chapter 14.22 - FLOOD DAMAGE PREVENTION
Article I. - Statutory,Authorization, Purpose, and Objectives
14.22.010—Statutory authorization.
The legislature of the State of Washington has delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. RCW 36.70A060 and RCW 36.70A170 provides for the designation and regulation of frequently
flooded areas, and chapter 86.16 RCW provides for the administration of National Flood Insurance
Program regulation requirements by local governments.This chapter, as adopted and amended,shall be
known as the Mason County Flood Damage Prevention Ordinance.
14.22.020—Purpose.
(a) Background. The flood hazard areas of Mason County are subject to periodic inundation which can
result in loss of life and property, health, and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.These flood losses could be exacerbated by the cumulative effect of obstructions in areas of
special flood hazards which increase flood heights and velocities,and when inadequately anchored,
damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise
protected from flood damage also contribute to the flood loss.
Mason County has prepared this flood damage prevention ordinance to implement comprehensive
flood damage reduction measures that are necessary for public health safety and welfare and that
allow property owners to protect their property.
(b) Purpose. It is therefore the purpose of this chapter to promote the public health,safety,and general
welfare, and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
(1) To protect human life, health and property;
(2) To minimize expenditure of public money and costly flood damage control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business and farming interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric
telephone and sewer lines,streets,and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;
(8) To ensure that those who occupy the areas of special flood hazard participate, along with
government, in assuming responsibility for their actions;
Page 1
ATTACHMENT A
(9) To allow individuals to protect their life,health,and property when it is done in accordance with
all applicable laws and regulations;
(10) Implement applicable recommendations of Skokomish River Comprehensive Flood Hazard
Management Plan;and
(11) Provide for continued eligibility for National Flood Insurance Program.
14.22.030—Methods of reducing flood losses.
In order to accomplish its purposes,this chapter provides regulatory methods and provisions for:
(a) Restricting or prohibiting uses which are dangerous to health,safety,and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
(b) Requiring that uses vulnerable to floods, including facilities which serve such uses,be protected
against flood damage at the time of initial construction;
(c) Controlling the alteration of natural floodplains, stream channels, and natural protection
barriers,which help accommodate or channel flood waters;
(d) Controlling filling,grading, and other development which may increase flood damage;
(e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood
waters or may increase flood hazards in other areas;
(f) Controlling excessive erosion by constructing sound erosion control structures and obtaining
appropriate permits and exemptions from all applicable local, state, and federal jurisdictions;
and
(g) Implementing the recommendations of adopted flood hazard studies and plans.
Article 11. - Definitions
14.22.040—Definitions.
Unless specifically defined below,words or phrases used in this ordinance shall be interpreted so as
to give them the meaning they have in common usage and to give this chapter its most reasonable
application:
"A-Zone"or"zone A" means those areas shown on the flood insurance rate maps(FIRM)as that area
of land within the floodplain which would be inundated by the base flood(100-year or one percent annual
chance)flood.
"Accessory structure" means nonresidential structures such as detached garages, sheds, garden
buildings,pole buildings,and barns which are considered normal for farming and ranching activities.Also
known as"appurtenant structures".
"Administrator" means the director of the Mason County Department of Community Development
or designee.
Page 2
ATTACHMENT A
"Appeal" means the right to request for a review of the administrator's interpretation of any
provision of this chapter or a request for a variance.
"Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map
(FIRM).The base flood depths range from one to three feet;a clearly defined channel does not exist;the
path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is
characterized as sheet flow and AH indicates ponding.
"Area of special flood hazard"means the land in the flood plain subject to a one(1)percent or greater
chance of flooding in any given year. Designation on maps always includes the letters A or V.Also known
as"special flood hazard area".
"Avulsion" means a sudden cutting off of land by flood, currents, or change in course of a body of
water.
"Avulsion risk areas"are the areas which have been determined to have too high a risk of avulsion to
permit new structures or expansion of existing structures.
"Base flood" means the flood having a one (1) percent chance of being equaled or exceeded in any
given year.Also referred to as the"100-year flood." Designation on maps always includes the letters A or
V.
"Base flood elevation" means the computed elevation to which floodwater is anticipated to rise
during the base flood.Base Flood Elevations(BFEs)are shown on Flood Insurance Rate Maps(FIRMs)and
on the flood profiles. The BFE is the regulatory requirement for the elevation or floodproofing of
structures.The relationship between the BFE and a structure's elevation determines the flood insurance
premium.
"Basement"means any area of the building having its floor subgrade(below ground level)on all sides.
"Breakaway wall" means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces, without
causing damage to the elevated portion of the building or supporting foundation system.
"Building" means a walled and roofed structure, including a gas or liquid storage tank,_that_is
principally above ground as well as a manufactured home. The terms "structure" and "building are
interchangeable in the National Flood Insurance Program (NFIP). Residential and non-residential
structures are treated differently.A residential building built in a floodplain must be elevated above the
Base Flood Elevation(BFE).Non-residential buildings may be elevated or floodproofed.
"Critical facility"means facilities for which even a slight chance of flooding might be too great.Critical
facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency
response installations,installations which produce,use,or store hazardous materials or hazardous waste.
"Coastal High Hazard Area" means an area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30,VE or V.
"Development"means any man-made change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, diking, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials. The area contained within ring levees is
considered to be part of the development area due to its impact on flood waters.
"Development permit"see definition for"permit" under this chapter.
Page 3
ATTACHMENT A
"Elevated building" means for insurance purposes, a nonbasement building which has its lowest
elevated floor raised above ground level by foundation walls,shear walls, post, piers,pilings,or columns.
"Elevation Certificate" means the official FEMA form (FEMA Form 086-0-33) used to track
development,provide elevation information necessary to ensure compliance with community flood plain
management ordinances, and determine the proper insurance premium rate.
"Emergency" means an unanticipated and imminent threat to public health, safety, or the
environment which requires immediate action within a time period too short to allow for normal
development permit application and review. All emergency development shall be consistent with all
Mason County Development Regulations.
"Engineering reports" are reports compiled under this chapter to address flood-related issues shall
be by an engineer licensed in the state of Washington with knowledge and experience in hydrology.The
method and rigor of all investigation, analysis and design shall be in accordance with current generally
accepted engineering standards.
"Flood"or"flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters;andA
(2) The unusual and rapid accumulation of runoff of surface waters from any source]
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land areas,as when earth is carried by a
current of water and deposited along the path of the current,-
(4) The collapse or subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by_waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or
an abnormal tidal surge,or by some similarly unusual and unforeseeable event which results in
flooding as defined by(1) above.
A flood inundates a floodplain.Most floods fall into three maior categories:riverine flooding,coastal
flooding,and shallow flooding.Alluvial fan flooding is another type of flooding more common in
the mountainous western states.
"Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance
Administratorie-n has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood insurance study" (FIS)-means an examination evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide(i.e., mudflow)and/or flood-related erosion hazards(also known as the Flood
Elevation Study). AdFA;AiStr:A_t;AA that inr-ludes Peed
a
Eemoilatien and Iffesentatieo of Need Fi5k data feF spec-ifie wateFCOUFses. lakes,and E astal flood haz-ar4
assembled iRte an �!S. The FIS FPVGFt-6OVAa*ns detailed W)E)d elevation data in fleed 19fefiles and data
tab4_1,
"Floodplain" means any land area susceptible to being inundated by floodwaters from any source.
Page 4
ATTACHMENT A
"Floodplain management" means-the operation of an overall pro gram._of_corrective and preventive
Measures for reducing, flg2A damage. including but not limited to emergency preparedness plans, flood
control works and flood plain management regulations a �eeis+e+ rak' - - e
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"Floodplain Management—Regulations 8f iea�aces" means zonint ordinances, subdivision
regulatiQns,_.___tJuilding codes, health regulations.,_,special._purpose ordinances (such as a flood plain
ordinance, grading ordinance arid erosion_control ordinance)and other applications of police power.The
term describes such state or local regulations in any_combination thereof, which provide standards for
the pur os_ of_flood damage prevention and reduction.e FMA esa e
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"Flood proofing" means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities,structures and their contents.
"Flood protection elevation" means one foot above the base flood elevation.
"Floodway"means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than orie feeta designated height.
"Footprint" means the total area of the first floor of a structure, regardless of how the structure is
supported,or the total perimeter of any development other than a structure.
"Frequently flooded areas"are critical areas designated by Mason County in its Resource Ordinance.
"Functionals dependent use" means a use which cannot perforin its intended purpose unless it is
located or carried out in close proximity to water_.This term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers. and shipbuilding and ship repair
facilities, but does not include long-term storage or related manufacturing facilities. Under limited
circumstances, variances may be issued for functionally dependent uses provided that the structure is
protected by methods that minimize flood damages during the base flood and there are no additional
threats to public safety.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a stricture. In AO zones all new construction and substantial
improvements of residential structures shall have the lowest floor including basement elevated above the
highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM;
or at least two feet if no depth number is specified. All new construction and substantial improvements
of non-residential structures shall meet the above requirements or, together with attendant utility and
sanitary facilities, be floodproofed to the same elevation.
"Historic structure" means any structure that is;
Page 5
ATTACHMENT A
(_1) Listed individually in the National Register of Historic Places(a listing maintained by
the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior;or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior
or
a.b.Directly by the Secretary of the Interior in states without approved programs.
"Lot"means a designated parcel,tract,or area of land established by plat,subdivision or as otherwise
permitted by law,to be used, developed or built upon as a unit.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure,usable solely for parking of vehicles,building access or storage,in
an area other than a basement area is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation design
requirements of this chapter found at Section 14.22.1760(1)(B).
"Manufactured home" means a structure,transportable in one or more sections,which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected to
the required utilities.The term "manufactured home"does not include a "recreational vehicle".
"New construction"means for the purposes of determining insurance rates,structures for which the
"start of construction" commenced on or after the effective date of an initial FIRM or after December 31
1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain
management purposes, new construction means structures for which the "start of construction"
commenced on or after the effective date of this ehaptefa floodplain management regulation adopted by
a community and includes any subsequent improvements to such structures.
"Permit" means a written authorization from Mason County for any construction or development
activity on all lands regulated by this chapter.Such permits shall include,but are not limited to,excavation
and grading, permits for fills and excavations under Chapter 70 of the Uniform Building Code, shoreline
permits for developments regulated by the Mason County Shoreline Master Program,building permits for
all structures under the Uniform Building Code or Title 14, Mason County Code, or written authorization
for development under this chapter.
"Person" means any individual, partnership, corporation, association, organization, cooperative,
public or municipal corporation,or any other entity, including agenciesy of the state or local government
unit however designated.
"Recreational vehicle" means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
Page 6
ATTACHMENT A
(3) Designed to be self-propelled or permanently towable by a light duty truck;and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational,camping,travel,or seasonal use.
"Repetitive loss" means flood-related damages sustained by a structure on two occasions during a
ten-year period for which the costs of repairs at the time of each such flood event on the average,equals
or exceeds twenty-five percent of the market value of the structure before the damage occurred.
"Special flood risk zone" means the Regulatory Floodway and zones A and AE-2 floodplain of the
Skokomish River,Vance Creek and tributaries,as identified on flood insurance rate maps 530115 0175
aAd 530115 0180 Panels 0425 0428 0429 0433 0434, 0436, 0437, 0441, and 0442, beth dated
XAJune 20,2019,or as amended.
"Start of construction" includes substantial improvement, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, placement or other
improvement was within one hundred eighty days of the permit date.The actual start means either the
first placement of permanent construction of a structure on a site,such as the pouring of slab or footings,
the installation of piles,the construction of columns,or any work beyond the stage of excavation;or the
placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways;nor does it include excavation for a basement,footings,piers,or foundation or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure. For substantial
improvement,the actual start of construction means the first alteration of any wall,ceiling,floor,or other
structural part of a building,whether or not the alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building including a gas or liquid storage tank that is
principally above ground,as well as a manufactured home.
"Substantial damage"means damage of any origin sustained by a structure whereby cost of restoring
the structure to its before damaged condition would equal or exceed fifty percent of the market value of
the structure before the damage occurred.
"Substantial improvement" means any fef)aW,--reconstruction, rehabilitation addition or other
improvement of a structure,taking place during a ten-year period,in which the cumulative cost equals or
exceeds fifty percent of the market value of the structure before the "start of construction" of the
improvement This term includes structures which have incurred"substantial damage," regardless of the
actual repair work performed.either
(2) if the StFUOUFe has been damaged and is beiRg FesteFed, befGFe the damage ee6UFFed, FGF tw
I,SUbStantial "
"Fepetitiye " "substantialdamage"
The term does not, however, include either:
(1) Any project for improvement of a structure to eemplw—# correct existing violations of state or
local health,sanitary,or safety code specifications which have been identified by the local code
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ATTACHMENT A
enforcement official, and which ,
are the minimum necessary to assure safe living conditions,or
(2) Any alterations of a "historic structure,'
provided that the alteration will not preclude the structure's
continued designation as a"historic structure._
"Variance" means a grant of relief from the requirements of this chapter which permits construction
in a manner that would otherwise be prohibited by this chapter.
"Violation" means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications,or other evidence of compliance required by the community's
floodplain management ordinance is presumed to be in violation until such time as that documentation
is provided.To remedy a violation means to bring the structure or other development into full or partial
compliance with State or local floodplain management regulations or,if this is not possible,to reduce the
impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or
other affected development from flood damages, implementing the enforcement provision of the
ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with
regard to the structure or other development.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum
(NGVD)of 1929,(or other datum,where specified)of floods of various magnitudes and frequencies in the
flood plains of coastal or riverine areas.
"Wetlands" refer to the definition in the Mason County Resource Ordinance.
Table of Acronyms Used in the Ordinance Sections
FEMA: Federal Emergency Management Agency
FIRM: Flood Insurance Rate Map
NRCS: Natural Resources Conservation Service
RCW: Revised Code of Washington
WAC:Washington Administrative Code
WSDOT:Washington State Department of Transportation
Article III. - General Provisions
14.22.050—Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of Mason County.
These lands are designated as frequently flooded areas by the Mason County Resource Ordinance
pursuant to RCW 36.70A.
14.22.060—Basis for establishing the areas of special flood hazard.
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ATTACHM ENT A
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific
and engineering report entitled "The Flood Insurance Study for Mason County, Washington and
I+ncoroorated areas" dated une 20, 2019, with
accompanying flood insurance rate maps, and any subsequent amendments which may heFea4eF be
thereto, is hereby adopted by reference and declared
to be a part of this chapter.The Flood Insurance Study is on file at the Mason County Community Services
Division, Planning Department Building 8 615 W. Alder Street; Shelton. WA. The best available
information for flood hazard area identification as outlined in Section 14.22.199402 shall be the basis
for regulation until a new FIRM is issued that incorporates data utilized under Section 14.22.190.
14.22.070—Penalties for noncompliance.
No structure or land shall hereafter be constructed,located,extended,converted,or altered without
full compliance with the terms of this chapter and other applicable regulations.Violation of the provisions
of this chapter by failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who
violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined
not more than one thousand dollars, imprisoned for not more than sixty days,or both,for each violation,
and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall
prevent Mason County from taking such other lawful action as is necessary to prevent or remedy any
violation.The Mason County Development Code Chapter 15.13 provides for enforcement of violations to
permits.
14.22.080—Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed
restriction conflict or overlap,whichever imposes the more stringent restrictions shall prevail.
14.22.090—Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as a minimum requirements;
(2) Deemed neither to limit nor repeal any other powers granted under state statutes.
14.22.100—Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not
imply that land outside the areas of special flood hazards or uses permitted within such areas will be free
from flooding or flood damages.This chapter shall not create liability on the part of Mason County, any
officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made hereunder.
14.22.110—Severability.
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ATTACHMENT A
If any section,clause, sentence,or phrase of the chapter is held to be invalid or unconstitutional by
any court of competent jurisdiction,then said holding shall in no way affect the validity of the remaining
portions of this chapter.
Article IV. - Administration
14.22.120—Establishment of development permit.
(a) Development Permit Required. A development permit shall be obtained before construction or
development begins within any area of special flood hazard established in Section 14.22.060. The
permit shall be for all structures including manufactured homes, and for all development including
fill and other activities, as set forth in the "definitions." If no other county permit is required, a
development permit shall be required.
(b) Application for Development Permit. Application for a development permit shall be made on forms
furnished by Mason County,which can be obtained from the Mason County DepaFtffieAt Division of
Community DevelepmentServices.Application materials may include, but not be limited to, plans in
triplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in
question and existing or proposed structures, fill, storage or materials, drainage facilities, and the
location of the foregoing.Specifically,the following information is required:
(1) Elevation in relation to base flood elevation,of the lowest floor(including basement)of all new
or substantially improved structures;
(2) Elevation in relation to base flood elevation to which any structure has beeRwill be
floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods
for any nonresidential structure meet the floodproofing criteria in Section 5-4-2414.22.170(2)4;
and
(4) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development.
14.22.130—Designation of the administrator.
The administrator as defined in 14.22.040 Definitions is hereby appointed to administer and
implement this chapter by granting or denying development permit applications in accordance with
ordinance provisions. The administrator may consult with other departments and/or agencies with
expertise to assist in permitting decisions.
14.22.140—Duties and responsibilities of the administrator.
Duties of the administrator shall include, but not be limited to:
(1) Permit Review.
(A) Review all development permits to determine that the permit requirements of this chapter
have been satisfied.
(B) Review all development permits to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior
approval is required.
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ATTACHMENT A
(C) Review all development permits to determine if the proposed development is located in
the floodway, or special flood risk zone as defined in Section 14.22.040. If located in the
floodway, assure that the provisions of Section 14.22.190 are met. If located in a special
flood risk zone,assure that the provisions of Section 14.22.200 are met.
(D) Review applications for emergency permits.An emergency shall be defined as set forth in
WAC 173.27.040(2)d,which includes the following language:
"Emergency construction necessary to protect property from damage by the elements. An
"emergency" is an unanticipated and imminent threat to public health, safety, or the environment
which requires immediate action within a time too short to allow full compliance with this Ordinance.
Emergency construction does not include development of new permanent protective structures
where none previously existed. Where new protective structures are deemed by the administrator
to be an appropriate means to address the emergency situation, upon abatement of the emergency
situation,the new structure shall be removed or any permit which would have been required,absent
an emergency, pursuant to Chapter 90.58 RCW of these regulations or the local master program,
shall be obtained."
(2) Use of Other Base Flood Data. When base flood elevation data has not been provided in
accordance with Section 14.22.060, basis for establishing the areas of special flood hazard,the
administrator shall obtain,review,and reasonably utilize any base flood elevation and floodway
data available from a federal, state or other source, in order to administer Sections 14.22.170,
Specific Standards, 14.22.190 Floodways,and 14.22.200 Special Flood Risk Zone.
(3) Information to be Obtained and Maintained.
(A) Where base flood elevation data is provided through the flood insurance study or required
as in Subsection (2), obtain and record the actual (as-built) elevation (in relation to base
flood elevation) of the lowest floor, including basement, of all new or substantially
improved structures,and whether or not the structure contains a basement.
(B) For all new or substantially improved floodproofed structures:
(i) Verify and record the actual elevation (in relation to mean sea level) to which the
structure was floodproofed,and
(ii) Maintain the floodproofing certifications required in Section 14.22.120(b)(3).
(C) Maintain for public inspection all records pertaining to these ordinance provisions.
(4) Alteration of Watercourses.
(A) Notify adjacent communities and property owners,and the Washington State Department
of Ecology and Washington State Department of Fish and Wildlife, prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
(B) Require that
wateFeeWse the flood carrying capacity of the altered or relocated Portion of said
watercourse is net&Ainishedmaintained.
(S) Interpretation of FIRM Boundaries. Make interpretations where needed,as to exact location of
the boundaries of the areas of special flood hazards (for example, where there appears to be
conflict between a mapped boundary and actual field conditions). The person contesting the
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ATTACHMENT A
location of the boundary shall be given a reasonable opportunity to appeal the interpretation as
provided by Section 14.22.150. However, if it is clear from examining the FIRM map that the
subject property or development is located within the area of special flood hazard,the person
contesting the location of the boundary shall apply to FEMA for a map amendment.
(6) Requirement to Submit New Technical Data.
A community's base flood elevations may increase or decrease resultingfrom rom physical changes
affecting flooding conditions.As soon as practicable,but not later than six months after the date
such information becomes available,a community shall notify the Administrator of the changes
by submitting technical or scientific data in accordance with this part. Such a submission is
necessary so that upon confirmation of those physical changes affecting flooding conditions,risk
premium rates and flood plain management requirements will be based upon current data.
(7) Prerequisites for the Sale of Flood Insurance.
Upon occurrence, notify the Federal Insurance Administrator in writing whenever the
boundaries of the community have been modified by annexation or the community has
otherwise assumed or no longer has authority to adopt and enforce flood plain management
regulations for a particular area. In order that all F-H$PALs, FIRM'S accurately represent the
community's boundaries, include within such notification a copy of a map of the community
suitable for reproduction,clearly delineating the new corporate limits or new area for which the
community has assumed or relinquished flood plain management regulatory authority.
14.22.150—Variance procedure.
(a) Appeal Board.
(1) The hearing examiner shall act as the board of appeals to hear and decide appeals and requests
for variances from the requirements of this chapter, as provided by Title 15, Mason County
Code.
(2) The board of appeals shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the administrator in the enforcement or
administration of this chapter.
(3) Those aggrieved by the decision of the board of appeals, or any taxpayer, may appeal such
decision to the superior court,as provided in Chapter 36.70 RCW.
(4) In passing upon such applications, the board of appeals shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this chapter and:
(A) The danger that materials may be swept onto other lands to the injury of others;
(B) The danger to life and property due to flooding or erosion damage;
(C) The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
(D) The importance of the services provided by the proposed facility to the community;
(E) The necessity to the facility of a waterfront location,where applicable;
(F) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
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ATTACHMENT A
(G) The compatibility of the proposed use with existing and anticipated development;
(H) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(1) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(1) The expected heights,velocity, duration, rate of rise,and sediment transport of the flood
waters and the effects of wave action, if applicable,expected at the site;and
(K) The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer,gas,electrical,water
systems,streets and bridges.
(L) The potential impacts to fish and riparian habitat, as provided for within the Fish and
Wildlife Habitat Conservation Areas chapter of the Resource Ordinance.
(5) Upon consideration of the factors of Subsection 4(a)and the purposes of this chapter,the board
of appeals may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter.
(6) The administrator shall maintain the records of all appeal and variance, including justification
for their issuance,actions and report any variances to the Federal Insurance AdministratorieR
upon request.
(b) Conditions of Variances.
(1) Generally,the only condition under which a variance from the elevation standard may be issued
is for new construction and substantial improvements to be erected on a lot of one-half acre or
less in size contiguous to and surrounded by lots with existing structures constructed below the
base flood level, providing Subsections(a)(4)(A)through (a)(4)(L)of this section have been fully
considered.As the lot size increases,the technical justification required for issuing the variance
increases.
(2) Variances may be issued for the , epair or rehabilitation 8F Fes4eFatien of historic
structures
upon
a determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(3) Variances shall not be issued within a designated floodway if any increase in flood levels during
the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard,to afford relief.
(5) Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
(ii) A determination that failure to grant the variance would result in exceptional hardship to
the applicant;
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ATTACHMENT A
(iii) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public as identified in Subsection (a)(4)of this section, or
conflict with existing local laws or ordinances.
(6) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in
nature and do not pertain to the structure,its inhabitants,economic or financial circumstances.
They primarily address small lots in densely populated residential neighborhoods. As such,
variances from the flood elevations should be quite rare. Variances shall not be granted for
residential or commercial construction in floodways designated by this chapter.
_(7) VaFianEes may be issued W A0AFe5i ial buildings in YeFy limited eiFewmstaRees te allew a
that such aetien will have Iew damage potential, complies with all etheF VaFianr:e
ffiteFia emeept(b)(1),and ethewsise re plies with Seetiens 14.22.160(i)and (2)of the geReFal
standaMs:
(87) Any applicant to whom a variance is granted shall be given written notice that the structure will
be permitted to be built with a lowest floor elevation below the base flood elevation and that
the cost of flood insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
Article V. - Provisions for Flood Hazard Reduction
14.22.160—General standards.
In all areas of special flood hazards as shown on the flood insurance rate maps(FIRM)and as defined
in Section 14.22.040,the following standards are required:
(1) Anchoring:
A. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads,including the effects of buoyancy.
B. All manufactured homes must likewise be anchored to prevent flotation,collapse,or lateral
movement,and shall be installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over-the-top or frame ties
to ground anchors. (Reference "FEMA P95 - Protecting Manufactured Homes from Floods
and Other Hazards"guidebook for additional techniques.)
(2) Construction Materials and Methods:
A. All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
B. All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
C. Electrical, heating,ventilation, plumbing,and air conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
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ATTACHMENT A
(3) Utilities:
A. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
B. The proposed water well shall be located on high ground that is not in the floodway.It shall
be protected from a one hundred-year flood and from any surface or subsurface drainage
capable of impairing the quality of the ground water supply(WAC 173-160-171).
C. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharge from the systems into flood
waters.
D. On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(4) Subdivision Proposals:
A. All subdivision proposals shall be consistent with the need to minimize flood damage.
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical,and water systems located and constructed to minimize flood damage.
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage.
D. Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least fifty lots or five acres(whichever is less).
E. Proposals for subdivisions or boundary line adjustments shall not result in any lot which is
nonconforming to the provisions of this chapter.
F. Subdivisions located entirely within a floodplain shall not be allowed increased density
through a performance or clustered subdivision as described in Title 16. A performance
subdivision may be used for parcels located partially within a floodplain provided all
allowed building areas are located outside the floodplain, and all other regulatory
provisions are met. When feasible, lots shall be designed to locate building sites outside
the floodplain.
G. No parcel shall be created that would require a variance before new residential or
commercial construction would be allowed.
(5) Review of Building Permits: Where elevation data is not available either through the flood
insurance study or from another authoritative source (Section 14.22.140(2)), applications for
building permits shall be reviewed to assure that proposed construction will be reasonably safe
from flooding.The test of reasonableness is a local judgment and includes use of historical data,
high water marks,photographs of past flooding,etc.,where available.Failure to elevate at least
two feet above the highest adjacent grade in these zones may result in higher insurance rates.
14.22.170—Specific standards.
In all areas of special flood hazards and special flood risk zones where base flood elevation data has
been provided as set forth in Section 14.22.060, Basis for establishing the areas of special flood hazard or
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ATTACHMENT A
Section 14.22.140(2), Use of other base flood data, the following provisions are required (except when
other adopted Mason County Codes are more restrictive,the more restrictive shall apply):
(1) Residential Construction:
A. New construction and substantial improvement of any residential structure shall have the
lowest floor,including basement,elevated one foot or more above base flood elevation.
B. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or
shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must meet or
exceed the following minimum criteria:
i. A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided;
ii. The bottom of all openings shall be no higher than one foot above grade;
iii. Openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry an exit of floodwaters.
C. If crawlspaces are used and have enclosed areas or floors below the base flood elevation,
then the following requirements apply:
i. The building must be designed and adequately anchored to resist flotation, collapse,
and lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads,including the effects of buoyancy.Hydrostatic loads and the effects of buoyancy
can usually be addressed though the required openings discussed in the next bullet.
Because of hydrodynamic loads,crawlspace construction is not recommended in areas
with flood velocities greater than five feet per second unless the design is reviewed by
a qualified design professional,such as a registered architect or professional engineer.
Other types of foundations are recommended for these areas.
ii. The crawlspace is an enclosed area below the BFE and, as such, must have openings
that equalize hydrostatic pressures by allowing for the automatic entry and exit of
floodwaters. The bottom of each flood vent opening can be no more than one foot
above the lowest adjacent exterior grade. For guidance on flood openings, see FEMA
Technical Bulletin 1, August 2008, Openings in Foundation Walls and Walls of
Enclosures.
iii. Crawlspace construction is not permitted in V zones.Open pile or column foundations
that withstand storm surge and wave forces are required in V zones.
iv. Portions of the building below the BFE must be constructed with materials resistant to
flood damage.This includes not only the foundation walls of the crawlspace used to
elevate the building, but also any joists, insulation, or other materials that extend
below the BFE. The recommended construction practice is to elevate the bottom of
joists and all insulation above BFE. Insulation is not a flood-resistant material. When
insulation becomes saturated with floodwater, the additional weight often pulls it
away from the joists and flooring.Ductwork or other utility systems located below the
insulation may also pull away from their supports. For more detailed guidance on
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ATTACHM ENT A
flood-resistant materials see FEMA Technical Bulletin 2,August 2008, Flood Damage-
Resistant Materials Requirements.
v. Any building utility systems within the crawlspace must be elevated above BFE or
designed so that floodwaters cannot enter or accumulate within the system
components during flood conditions. Ductwork, in particular, must either be placed
above the BFE or sealed from floodwaters. For further guidance on the placement of
building utility systems in crawlspaces, see FEMA P-348, Protecting Building Utilities
from Flood Damage, 1999.
vi. The interior grade of a crawlspace below the BFE must not be more than two feet
below the lowest adjacent exterior grade(LAG), shown as D in Figure 1.
vii. The height of the below-grade crawlspace, measured from the interior grade of the
crawlspace to the top of the crawlspace foundation wall must not exceed four feet
(shown as L in Figure 1) at any point.The height limitation is the maximum allowable
unsupported wall height according to the engineering analyses and building code
requirements for flood hazard areas (see the section Guidance for Pre-Engineered
Crawlspaces, on page 7 of FEMA Technical Bulletin 11-01). This limitation will also
prevent these crawlspaces from being converted into habitable spaces.
viii. There must be an adequate drainage system that removes floodwaters from the
interior area of the crawlspace. The enclosed area should be drained within a
reasonable time after a flood event.The type of drainage system will vary because of
the site gradient and other drainage characteristics,such as soil types.Possible options
include natural drainage through porous,well-drained soils and drainage systems such
as perforated pipes, drainage tiles, or gravel or crushed stone drainage by gravity or
mechanical means.
ix. The velocity of floodwaters at the site should not exceed five feet per second for any
crawlspace. For velocities in excess of five feet per second, other foundation types
should be used.
X. Below-grade crawlspace construction in accordance with the requirements listed
above will not be considered basements.
Page 17
ATTACHMENT A
Floor Joist
WE
Foundadton Will
L 4 ft M&4mwn- ""' Rood Mani
. Lit Ad{iowA
ExWW Gsde OAC)
0 2 p k -�' .�.....,
110dor OTWO
Figure 1. Requirements regarding below-grade crawlspace construction
(2) Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure, except those defined as an accessory
structure, shall either have the lowest floor, including basement, elevated one foot or more
above the level of the base flood elevation; or, together with attendant utility and sanitary
facilities,shall:
A. Be floodproofed so that below one foot above the base flood level,the structure is watertight
with walls substantially impermeable to the passage of water;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
C. Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of
this subsection based on their development and/or review of the structural design,
specifications and plans.Such certifications shall be provided to the official as set forth in Section
14.22.130(3)(B);
D. Nonresidential structures that are elevated, not floodproofed, must meet the same standards
for space below the lowest floor as described in subsection (1)(B)of this section;
E. Applicants floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g.a building
flood proofed to one foot above the base flood level will be rated as at the base flood level).
_(3) Accessory Structures. Construction or substantial improvement of accessory structures, as
defined in Section 14.22.040,shall either have the lowest floor elevated one foot or more above
the level of the base flood elevation;or must meet the following criteria:
A. A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
B. The bottom of all openings shall be no higher than one foot above grade.
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ATTACHMENT A
C. Openings may be equipped with screens, louvers, or other coverings provided they may
permit the automatic entry and exit of flood waters.
D. Structures shall not be designed for human habitation.
E. Structures shall be firmly anchored to prevent flotation which may result in damage to
other structures.
F. Service facilities such as electrical and heating equipment shall be elevated or
floodproofed.
(4) Critical Facility. Construction of new critical facilities shall be, to the extent possible, located
outside the limits of the base floodplain. Construction of new critical facilities shall be
permissible within the base floodplain if no feasible alternative site is available.Critical facilities
constructed within the base floodplain shall have the lowest floor elevated to three feet or more
above the level of the base flood elevation at the site.Floodproofing and sealing measures must
be taken to ensure that toxic substances will not be displaced by or released into flood waters.
Access routes elevated to or above the level of the base floodplain shall be provided to all critical
facilities to the extent possible.
(5) Manufactured Homes. All manufactured homes to be placed or substantially improved within
the flood plain shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is one foot or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse and lateral
movement in accordance with the provisions of Section 14.22.160(1)(B). In unnumbered A
zones,all manufactured homes shall be elevated such that their lowest floor is at least two feet
above the highest adjacent elevation.
(6) Recreational Vehicles. Recreational vehicles placed on sites within the flood plain shall either:
(A) Be on site for fewer than one hundred eighty consecutive days;
(B) Be fully licensed and ready for highway use,on its wheels or jacking system,be attached to
the site only by quick disconnect type utilities and security devices and have no
permanently attached additions.
(C) Meet the requirements of (3) and the elevation and anchoring requirements for
manufactured homes.
14.22.180—AE and Al-30 zones with base flood elevations but no floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no new
construction, substantial improvements, or other development (including fill) shall be permitted within
zones Al-30 and AE on the community's FIRM,unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated development, will not
increase the water surface elevation of the base flood more than one foot at any point within the
community.
14.22.190—Floodways.
Located within areas of special flood hazard established in Section 14.22.170 are areas designated as
floodways.Since the floodway is an extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles,and erosion potential,the following provisions apply.
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ATTACHMENT A
(1) Encroachments are prohibited including fill, new construction, substantial improvements, and
other development unless certification by a registered professional engineer or architect is
provided demonstrating through hydrologic and hydraulic analysis performed in accordance
with standard engineering practice that the proposed encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated
floodways, except for repairs, reconstruction, or improvements to structures which do not
increase the ground floor area;and repairs, reconstruction,or improvements to a structure,the
cost of which does not exceed fifty percent of the market value of the structure either,(a)before
the repair, reconstruction,or repair is started,or(b) if the structure has been damaged, and is
being restored, before the damage occurred. Work done on structures to correct existing
violations of health, sanitary, or safety codes which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions or
on structures identified as historic places shall not be included in the fifty-percent
determination.
(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Article V, Provisions for
flood hazard reduction.
14.22.200—Special flood risk zone—Floodplain of the Skokomish River,Vance Creek and tributaries.
(a) Special Flood Risk Zone.A special flood risk zone is hereby established for the Regulatory Floodway
and zones A and AE-2floodplain of the Skokomish River,Vance Creek and tributaries,and is illustrated
on FIRM map Community Panels #53011 Panels 0425, 0428, 0429,
0433 0434 0436 0437 0441 and 0442 (both Decemb^F414141une 20,2019).The special flood risk
zone is hereby designated as a floodway and the entire floodway is hereby designated an avulsion
risk area. Construction of a new structure or an expansion of the square foot area of an existing
structure is prohibited in this designated floodway. For purposes of this subsection, the term
structure shall not include a gas or liquid storage tank.
(b) Dikes, Levees and Other Water Flow Modification Structures.
(1) Areas where flood water releases and overflows from the main Skokomish River channel shall
not be modified,meaning levied or diked,in any manner which would result in increased stream
flow in the main channel.
(2) Maintenance to existing legally established (constructed by past permits or historically
occurring) levees, dikes, and other water flow modification structures shall be permitted with
appropriate approvals from all affected agencies,provided that the maintenance does not result
in increased stream flow within the main channel(as verified by a hydraulic engineer),and the
maintenance is consistent with provisions and recommendations of the adopted Skokomish
River Comprehensive Flood Hazard Management Plan. Emergency alterations to dikes and
levees necessary for the protection of human life and property shall be permitted as provided
for within the applicable regulatory permit processes.
(3) If the public works director finds an imminent flood threat to the public health, safety, and
welfare exists based on:
(A) A flow capacity of seventy percent of the one hundred-year flood stage for the specific river
or creek,or
Page 20
ATTACHMENT A
(B) A rainfall within the last forty-eight hours in excess of four inches,or
(C) Issuance of a flood warning by the National Weather Service for the specific area,or
(D) A significant isolated blockage occurs such as a logjam or slide,that impacts the geography
or water velocity such that an overflow back path has or is likely to occur;
Then the public works director may recommend to the board of commissioners that they declare an
emergency flood condition, which shall then authorize the county to make on-site inspections on
private property of dikes and other impediments as necessary,and to direct or design immediate or
subsequent improvement, repair, removal, or modification to said dikes, levees, or other
impediments, as subject to other regulations; and shall maintain a record of the condition and
structure of said dikes.
(4) Alterations to dikes and levees, and bank stabilization efforts that would prevent legitimate
potential emergency situations shall be permitted,provided that all affected agencies have been
notified and appropriate permits have been acquired.
(5) Activities related to the repair, maintenance or construction of bank stabilization,dikes, levees
or other related development are a permit required activity under Section 14.22.120 of this
chapter, are subject to all provisions for development standards within this chapter, and shall
provide for appropriate inspections during and following construction and/or repair.
Construction shall meet MRCS standards, as recommended within the Skokomish River
Comprehensive Hood Hazard Management Plan,or as revised.
(6) Projects proposed by government agencies under this section as recommended within the
Skokomish River Comprehensive Flood Hazard Management Plan shall be evaluated on a case-
by-case basis. The administrator shall include the following considerations in making an
evaluation:
A. Recommendations of applicable study;
B. Provisions of this chapter;
C. Project-specific engineering;
D. Public benefit;
E. All applicable regulations.
(7) All approved permits shall require the monitoring of performance which shall include, at a
minimum, a post-construction inspection for compliance with the conditions of approval.
Additional inspections may be required when recommended by the engineering report or the
county engineer. Monitoring shall be established as a condition of approval.
(8) Dike monitoring program. Information on the condition of levees, dikes, or other structures
ascertained from successive on-site inspections shall be maintained by the county for the
purpose of updating and cataloging existing conditions as part of their ongoing flood and dike
management program. Dikes shall be monitored for safety purposes. Dikes shall be inspected
by the public works director at least biennially.
The public works director and his designee is authorized to enter onto private or public land for
the sole purpose of inspecting dikes for flood safety and for no other purpose.The inspections shall
be done between the 8:00 a.m. and 4:00 p.m. time period,with notice to the property owner sent
by certified mail at least fourteen days in advance, unless there is a flood emergency.
Page 21
ATTACHMENT A
The public works director shall report on the condition of the dikes to the board of county
commissioners at the interval of once every two years.The report shall include an assessment of the
condition and structure of the dikes; an analysis of whether any improvements needs to be done; a
statement on the ability,or lack thereof,to inspect the dikes;and any other matter of importance to
dike inspection and monitoring. The report shall also be based on the inspections and information
gathered from dike monitoring. Existing dikes monitored shall be listed or be listed by reference to
outside reports.
(c) Bridges and Roadways.
(1) Areas where flood water releases and overflows from the main Skokomish River channel shall
not be modified by construction or reconstruction of bridges or roadways, in any manner which
would result in increased stream flows or flood elevations(as verified by a hydraulic engineer).
(2) Maintenance to existing legally established (constructed by past permits or historically
occurring)bridges and roadways shall be permitted with appropriate approvals from all affected
agencies, provided that the maintenance does not result in increased stream flows or flood
levels (as verified by a hydraulic engineer), and the maintenance is consistent with provisions
and recommendations of the adopted Skokomish River Comprehensive Flood Hazard
Management Plan. Emergency alterations to bridges and roadways necessary for the protection
of human life and property shall be permitted as provided for within the applicable regulatory
permit processes.
(3) If the public works director finds an imminent flood threat to the public health, safety, and
welfare exists based on:
(A) A flow capacity of seventy percent of the one hundred-year flood stage for the specific river
or creek,or
(B) A rainfall within the last forty-eight hours in excess of four inches,or
(C) Issuance of a flood warning by the National Weather Service for the specific area, or
(D) A significant isolated blockage occurs such as a log jam or slide,that impacts the geography
or water velocity such that an overflow bank path has or is likely to occur;
Then the public works director may recommend to the board of commissioners that they declare an
emergency flood condition, which shall then authorize the county to make on-site inspections on
private property of bridges and roadways and other impediments as necessary, and to direct or
design immediate or subsequent improvement, repair, removal, or modification to said
impediments,as subject to other regulations; and shall maintain a record of such actions.
(4) Alterations to bridges and roadways that would prevent legitimate potential emergency
situations shall be permitted, provided that all affected agencies have been notified and
appropriate permits have been acquired.
(S) Activities related to the repair, maintenance or construction of bridges and roadways or other
related development are a permit required activity under Section 14.22.120 of this chapter,are
subject to all provisions for development standards within this chapter, and shall provide for
appropriate inspections during and following construction and/or repair.
(6) Projects proposed by government agencies under this section as recommended within the
Skokomish River Comprehensive Flood Hazard Management Plan shall be evaluated on a case-
Page 22
ATTACHMENT A
by-case basis. The administrator shall include the following considerations in making an
evaluation:
(A) Recommendations of applicable study;
(B) Provisions of this chapter;
(C) Project-specific engineering;
(D) Public benefit;
(E) All applicable regulations.
(7) All approved permits shall require the monitoring of performance which shall include, at a
minimum, a post-construction inspection for compliance with the conditions of approval.
Additional inspections may be required when recommended by the engineering report or the
county engineer. Monitoring shall be established as a condition of approval.
Projects proposed by WSDOT under this section and receiving Federal Highway Administration
funding shall be consistent with the recommendations within the Skokomish River Comprehensive
Flood Hazard Management Plan and shall be evaluated on a case by case basis. The administrator
shall include the following considerations in making an evaluation and issuing a permit:
(A) Recommendations of project specific studies prepared by or on behalf of WSDOT;
(B) All other provisions of this ordinance do not apply;
(C) Project specific engineering shall be completed in accordance with the WSDOT Design
Manual;
(D) Provide a public benefit;
(E) Provide less than a cumulative one foot rise in the proposed one hundred-year flood fringe
as determined by a step backwater analysis or higher.The cumulative total rise will consider
projects that have been approved as well as projects that are planned to be approved.
(F) Compliance with all applicable state and federal regulations.
14.22.210—Standards for Shallow Flooding Areas (AO ZONES).
Shallow flooding areas appear on FIRMS as AO zones with depth designations. The base flood
depths in these zones range from 1 to 3 feet above ground where a clearly defined channel
does not exist,or where the path of flooding is unpredictable and where velocity flow may be
evident. Such flooding is usually characterized as sheet flow. In these areas,the following
provisions apply:
(1) New construction and substantial improvements of residential structures and manufactured
homes within AO zones shall have the lowest floor (including basement) elevated above the
highest adjacent grade to the structure, one foot or more above*the depth number specified
in feet on the community's FIRM (at least two feet above the highest adjacent grade to the
structure if no depth number is specified).
(2) New construction and substantial improvements of nonresidential structures within AO zones
shall either:
Page 23
ATTACHMENT A
(i) Have the lowest floor(including basement)elevated above the highest
adjacent grade of the building site,one foot or more above* the depth number
specified on the FIRM (at least two feet if no depth number is specified);or
(ii) Together with attendant utility and sanitary facilities,be completely flood
proofed to or above that level so that any space below that level is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. If this method is used,
compliance shall be certified by a registered professional engineer,or architect
as 14.22.170.
(3) Require adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
(4) Recreational vehicles placed on sites within AO Zones on the community's FIRM
either:
(i) Be on the site for fewer than 180 consecutive days, or
(ii) Be fully licensed and ready for highway use,on its wheels or jacking system,is
attached to the site only by quick disconnect type utilities and security devices,
and has no permanently attached additions;or
(iii) Meet the requirements of(1)and (3)above and the anchoring requirements
for manufactured homes.
14.22.220—Coastal High Hazard Areas.
Located within areas of special flood hazard established in 14.22.060 are Coastal High Hazard
Areas,designated as Zones V1-30,VE and/or V. These areas have special flood hazards
associated with high velocity waters from surges and,therefore, in addition to meeting all
provisions in this ordinance,the following provisions shall also apply:
(1) All new construction and substantial improvements in Zones V1-30 and VE (V if base
flood elevation data is available) on the community's FIRM shall be elevated on pilings
and columns so that:
(i) The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated one foot or more above the base
flood level;and
(ii) The pile or column foundation and structure attached thereto is anchored to
resist flotation,collapse and lateral movement due to the effects of wind and
water loads acting simultaneously on all building components. Wind and water
loading values shall each have a one percent chance of being equaled or
exceeded in any given year(100-year mean recurrence interval).
A registered professional engineer or architect shall develop or review
Page 24
ATTACHMENT A
the structural design,specifications and plans for the construction,and
shall certify that the design and methods of construction to be used are
in accordance with accepted standards of practice for meeting the
provisions of(1)(i)and (ii).
(2) Obtain the elevation (in relation to mean sea level)of the bottom of the lowest
structural member of the lowest floor(excluding pilings and columns)of all new and
substantially improved structures in Zones V1-30,VE,and V on the community's FIRM
and whether or not such structures contain a basement. Mason County Community
Services shall maintain a record of all such information.
(3) All new construction within Zones V1-30,VE, and V on the community's FIRM shall be
located landward of the reach of mean high tide.
(4) Provide that all new construction and substantial improvements within Zones V1-30,
VE,and V on the community's FIRM have the space below the lowest floor either free
of obstruction or constructed with non-supporting breakaway walls,open wood
lattice-work,or insect screening intended to collapse under wind and water loads
without causing collapse,displacement,or other structural damage to the elevated
portion of the building or supporting foundation system. For the purposes of this
section, a breakaway wall shall have a design safe loading resistance of not less than
10 and no more than 20 pounds per square foot. Use of breakaway walls which
exceed a design safe loading resistance of 20 pounds per square foot(either by design
or when so required by local or State codes) may be permitted only if a registered
professional engineer or architect certifies that the design proposed meets the
following conditions:
(i) Breakaway wall collapse shall result from water load less than that
which would occur during the base flood;and
(ii) The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement,or other structural
damage due to the effects of wind and water loads acting
simultaneously on all building components(structural and non-
structural). Maximum wind and water loading values to be used in this
determination shall each have a one percent chance of being equaled or
exceeded in any given year(100-year mean recurrence interval).
If breakaway walls are utilized,such enclosed space shall be useable solely for
parking of vehicles, building access,or storage. Such space shall not be used
for human habitation.
(5) Prohibit the use of fill for structural support of buildings within Zones V1-30,VE,and V
on the community's FIRM.
(6) Prohibit man-made alteration of sand dunes within Zones V1-30,VE,and V on the
community's FIRM which would increase potential flood damage.
Page 25
ATTACHMENT A
(7) All manufactured homes to be placed or substantially improved within Zones V1-30,V,
and VE on the community's FIRM on sites:
(i) Outside of a manufactured home park or subdivision,
(ii) In a new manufactured home park or subdivision,
(iii) In an expansion to an existing manufactured home park or
subdivision,or
(iv) In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of
a flood; shall meet the standards of paragraphs(1)through(6)of this
section and manufactured homes placed or substantially improved on
other sites in an existing manufactured home park or subdivision
within Zones V1-30,V,and VE on the FIRM shall meet the
requirements of 14.22.170.
(8) Recreational vehicles placed on sites within Zones V1-30,V,and VE on the
community's FIRM either:
(i) Be on the site for fewer than 180 consecutive days,or
(ii) Be fully licensed and ready for highway use,on its wheels or jacking
system,attached to the site only by quick disconnect type utilities and
security devices,and have no permanently attached additions;or
(iii) Meet the requirements of 14.22.120(development permit Required)
and paragraphs(1)through(6)of this section.
Page 26
ATTACHMENT B
8.52.130 - Frequently Flooded Areas.
The purpose of this section is to prevent the potential for further aggravation of flooding problems and
to guide development in areas vulnerable to flooding.
(A) Classification.
The following shall be classified frequently flooded areas:
Frequently flooded areas are identified by the Federal Emergency Management Agency as those
areas within the one hundred year floodplain in a report entitled"The Flood Insurance Study for
Mason County"dated June 20,2019
,with
accompanying Flood Insurance Rate Maps,and any subsequent amendments thereto,and should
be utilized as a guide to development.
The Skokomish River and floodplain as shown
n Flood Insurance Rate Map Community Panels#
530115 0425 0428 0429 0433 0434 0436 0437 0441 and 0442.
Avulsion risk areas as identified under the provisions of the Mason County Flood Damage
Prevention Ordinance.
(B) Designation.
Lands of Mason County meeting the classification criterion forfrequently flooded areas are
hereby designated, under RCW 36.70A.060 and RCW 36.70A.170, as frequently flooded areas
requiring immediate protection from incompatible land uses.
(C) Land Use.
(1) Land uses in frequently flooded areas shall be in compliance with the applicable provisions
and requirements of all ordinances as referenced in Section 8.52.050,or as amended and
updated.
(2) The following uses within frequently flooded areas are subject to Mason Conditional
Environmental Permits:
(A) Radio and transmission towers, resource-based industries,schools,trailer-mix
concrete plants, sawmills, marinas,fire stations,fuel storage tanks, and commercial
outdoor recreation.
(B) Other uses and activities determined by the Director that are likely to pose a threat
to public health,safety,and general welfare if located within a frequently flooded
area.
(D) Development Standards.
Mason County flood damage prevention ordinance provides specific regulations and permit
requirements for development conducted within the frequently flooded areas of Mason County.
ORDINANCE NO. 0g-( i
MASON COUNTY ANIMAL ORDINANCE
An Ordinance amending Ordinance No. 101-98, Chapter 4.04 of the Mason County Code,
WHEREAS, Mason County was approached by citizens requesting the Animal Code be
amended to address animals that trespass onto private property or allow said animal to
run at large onto public property;
WHEREAS, the Board of Mason County Commissioners held a public hearing on June 18,
2019 to consider amending the Animal Code.
NOW, THEREFORE, be it hereby resolved by the Board of Mason County Commissioners to
amend Chapter 4.08 of the Mason County Code to include language addressing Animals at
Large—see Attachment A.
Dated this 18'hday of June, 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUN WASHINGTON
k:--
Kevin Shutty, hair
Ra dy Neath in, mmissioner
ATTEST:
Mcli sa r"ry, Clerk f the Board Sharon Trask, Commissioner
APPROVED AS TO FORM:
Tim White`tte�t`"
Chief Deputy Prosecuting Attorney
Title 4-ANIMALS
Chapters:
Chapter 4.08-ANIMAL CODE*
Sections:
4.08.010 -Title.
This chapter may be cited as the Mason County animal code, to be codified as Chapter 4.08.
(Ord. 101-98 (part), 1998).
4.08.020-Definitions.
For the purpose of this chapter, the words and phrases shall be defined as follows:
"Abandon" means the act of knowingly leaving an animal;
(A) Without food, water, or care for twenty-four hours or more.
(B) In a situation where conditions present an immediate, direct, and serious threat to life, safety or
health of the animal.
"Abatement' means the termination of any violation by reasonable and lawful means determined by
the animal control authority in order that an owner or a person presumed to be the owner shall comply
with this ordinance.
"Animal" means any mammal, bird, reptile or amphibian.
"Animal control authority" means Mason County, Mason County's designee, acting alone or in
concert with other local government units for enforcement of the animal control laws of Mason County or
the state of Washington.
"Animal control officer"means any individual employed, contracted with, or appointed by the animal
control authority for the purpose of aiding in the enforcement of this chapter or another law or ordinance
relating to the licenser of animals, or seizure or impoundment of animals, and includes any state or local
law enforcement officer or other employee whose duties in whole or part include assignments that cover
the seizure and impoundment of any animal.
"Animal shelter" means a facility which is used to house or contain stray, homeless, impounded,
abandoned or unwanted animals, and which is owned, operated or maintained by a public body, an
established humane society, animal welfare society, society for the prevention of cruelty to animals, or
other nonprofit organization devoted to the welfare, protection and humane treatment of animals.
"At large" means an animal off or outside the premises belonging to its owner or keeper and not in
the company of and under direct control of its owner or keeper.
"Dangerous dog"means any dog that according to the records of the appropriate authority:
(A) Has inflicted severe injury upon a human being without provocation; or
(B) Has killed a domestic animal without provocation while off the owner's property: or
(C) Has been previously found to be potentially dangerous; the owner having received notice of
such and the dog again aggressively bites, attacks, or endangers the safety of humans or
domestic animals; provided, however that dogs shall not be declared dangerous if the threat,
injury, or damage was sustained by a person who, at the time, was committing a willful trespass
or other tort upon the premises occupied by the owner of the dog or has, in the past, been
observed or reported to have tormented, abused, or assaulted the dog or was committing or
attempting to commit a crime.
"Domestic animal" means any animal kept for amusement, companionship, or for household; farm
and/or agricultural purposes.
"Livestock" means horses, sheep, cattle, mules, burros, goats, llamas, domesticated hares, rabbits,
swine and poultry and any other hybrids of animals being raised for its agricultural purposes.
"Owner" or"Keeper,"in addition to their ordinary meanings, are terms that can be used
interchangeably within this chapter and means any person, firm, corporation, organization
possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
"Person" means any individual, firm, association, partnership, political subdivision, government
agency, public or private corporation, or any other entity.
"Potentially dangerous dog" means any dog that when unprovoked.
(A) Inflicts bites on a human or a domestic animal either on public or private property; or
(B) Chases or approaches a person while off the owner's property in a menacing fashion or
apparent attitude of attack, or
(C) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause
injury, or otherwise threaten the safety of humans or domestic animals.
"Poultry" means all domesticated fowl and all game birds which are legally held in captivity.
"Proper enclosure of a dangerous dog" means while on the owner's property, a dangerous dog shall
be securely confined indoors or in a securely enclosed or locked pen or structure, suitable to prevent the
animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also
provide protection from the elements for the dog.
"Property" means anything of value,whether tangible or intangible, real or personal.
"Severe injury" means any physical injury that results in broken bones or disfiguring lacerations
requiring multiple sutures or cosmetic surgery.
"Stray" means any animal impounded or in the custody of the animal control authority, its employees
or agents which may or may not have an identifiable owner.
"Trespass"means the unlawful entrance upon the property of any person by any animal or other
person without the authorization of the lawful occupant.
(Ord. 101-98(part), 1998).
4.08.030-Public nuisance—Owner responsibility.
It shall be a public nuisance, and therefore unlawful, for any person to permit their animal(s)to.-
(enforcement
o:(enforcement of this section(public nuisance)is separate and distinct from the terms of MCC
4.08.050-Animals at large)
(1) Damage or destroy the property of another person; or
(2) Cause injury to a person or domestic animal; or
(3) Chase, run after,jump at or upon any pedestrian or other domestic animal while off the owner's
property; or
(4) Chase, run after, jump at or upon any vehicle or person on a bicycle lawfully on any public
sidewalk, roadway, trail or path; or
(5) Wilfully or negligently allow livestock to run at large off the property of the owner; or
(6) Annoy or disturb a neighborhood or the quiet and repose of one or more persons by habitually
howling, barking, yelping or other prolonged sounds as determined by an enforcement officer.
(Ord. 101-98 (part), 1998).
4.08.040- Public nuisance—Exceptions.
The provisions of this chapter relating to public nuisance do not apply if an animal;
(1) Causes injury to a person who, at the time, was committing a wilful trespass or other tort upon
the premises occupied by the owner of the dog or has been observed to have tormented,
abused, or assaulted the dog or was committing or attempting to commit a crime.
(2) Is emitting reasonable animal noises, as determined by an enforcement officer.
(Ord. 101-98 (part), 1998).
4.08.050 Animals at large.
(a)It shall be unlawful for the owner or keeper of any animal to negligently allow such animal to
enter or trespass onto private property of another without the express permission of the owner or
caretaker of said property,or to allow said animal to run at large onto any public property or the
public right-of-way within Mason County.
(1) The animal control authority or any commissioned law enforcement officer may cite an
owner or keeper upon probable cause that a violation of this subsection(a)has occurred.
(2)Any owner or keeper who is found, by a preponderance of the evidence, to have
violated any portion of subsection(a)shall be subject to a$250 civil infraction.
(b)It shall be unlawful for the owner or keeper of any animal to knowingly allow that animal to be
at large under subsection (a)of this section when such animal represents a potential threat of
substantial bodily injury to people or damage to property.
(1)A fully commissioned law enforcement officer or designee may cite an owner or keeper
upon probable cause that a violation of this subsection(b)has occurred or the
prosecuting attorney may file a complaint after first receiving written reports, drafted by
fully commissioned law enforcement officers that support probable cause that a violation
of this subsection(b)has occurred.
(2)Any owner or keeper who is found, beyond a reasonable doubt, to have violated this
subsection(b)shall be guilty of a misdemeanor, punishable by imprisonment in the
countyjail for a maximum term fixed by the court of up to 90 days, or by a fine in an
amount fixed by the court of not more than$1,000 plus statutory assessments, or by both
such imprisonment and fine. Further, upon probable cause that this crime has been
occurred, the animal may be impounded pursuant to the procedures outlined in section
4.08.120 and 4.08.130 of this chapter.
4.08.060- Potentially dangerous dogs.
(a) The animal control authority may find and declare an animal potentially dangerous if it has probable
cause to believe that the animal falls within the definition set forth in Section 4.08.020. The finding
must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner
which causes it to fall within the definition of potentially dangerous dog, or
(2) Dog bite reports filed with the animal control authority as required by this chapter or state law;
or
(3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(4) Other substantial evidence admissible in court.
(b) The declaration of potentially dangerous dog shall be in writing, shall be served on the owner in one
of the following methods.
(1) Certified mail to the owner or keeper's last known address, if known; or
(2) Personally or to other person of suitable age residing at the owner's residence; or
(3) Posting of the notice at the owner or keeper's last known address; or
(c) The declaration shall state at least:
(1) A description of the animal;
(2) The name and address of the owner or keeper of the animal, if known;
(3) The whereabouts of the animal if it is not in the custody of the owner;
(4) The facts upon which the declaration of potentially dangerous dog is based;
(5) The availability of a hearing in case the person objects to the declaration, if a request is made
within five calendar days;
(6) The restrictions placed on the animal as a result of the declaration of potentially dangerous
dogs;
(7) The penalties for violation of the restrictions, including the possibility of destruction of the
animal, and imprisonment or fining of the owner.
(d) If the owner of animal wishes to object to the declaration of potentially dangerous dog:
(1) The owner may, within five days of receipt of the declaration request a hearing before the
district court by submitting a written request to the clerk of the court.
(2) If the court finds that there is insufficient evidence to support the declaration, it shall be
rescinded and the restrictions imposed thereby annulled.
(3) If the court finds sufficient evidence to support the declaration it may impose court costs on the
appellant, and may impose additional restrictions on the animal or owner.
(4) In the event the court finds that the animal is not a potentially dangerous dog, no court costs
shall be assessed against the county or the animal control authority or officer.
(e) Following service of a declaration of potentially dangerous dog the animal control authority may if
circumstances require impound the animal at the owner's expense, pursuant to the provisions of this
chapter, until a court orders either its redemption or destruction.
(f) The animal control authority (county sheriff) shall issue a potentially dangerous dog license to the
owner of a potentially dangerous dog if the owner presents to the animal control authority sufficient
evidence of:
(1) Proper confinement for the potentially dangerous dog.
(2) A micro-chip identification tag placed into the animal by a licensed veterinarian.
(3) A current photograph of the animal.
(g) The license fee for each potentially dangerous dog to be licensed under this section is fifty dollars.
The annual renewal fee for each potentially dangerous dog licensed under this section is twenty five
dollars and shall be due no later than January 31 st of each year. All owners of potentially dangerous
dogs shall purchase a potentially dangerous dog license from the animal control authority within five
days of receipt of the declaration of potentially dangerous dog(if no proper appeal has been filed).
(h) The county sheriff shall be responsible for the declaration of potentially dangerous dogs, and the
licensing of potentially dangerous dogs under this section.
(Ord. 101-98 (part); 1998).
4.08.070-Dangerous dogs.
(a) The animal control authority may find and declare an animal dangerous if it has probable cause to
believe that the animal falls within the definition as previously set forth. The finding must be based
upon:
(1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner
which causes it to fall within the definition of dangerous dog;
(2) Dog bite reports filed with the animal control authority as required by this chapter or state law;
or
(3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(4) Other substantial evidence admissible in court.
(b) The declaration of dangerous dog shall be in writing, shall be served on the owner in one of the
following methods.
(1) Certified mail to the owner or keeper's last known address, if known; or
(2) Personally or to other person of suitable age residing at owner's residence;
(3) Posting of the notice at the owner or keeper's last known address.
(c) The declaration shall state at least:
(1) A description of the animal;
(2) The name and address of the owner or keeper of the animal, if known;
(3) The whereabouts of the animal if it is not in the custody of the owner;
(4) The facts upon which the declaration of dangerous dog is based;
(5) The availability of a hearing in case the person objects to the declaration, if a request is made
within five calendar days;
(6) The restrictions placed on the animal as a result of the declaration of dangerous dog;
(7) The penalties for violation of the restrictions, including the possibility of destruction of the
animal, and imprisonment or fining of the owner.
(d) If the owner of the animal wishes to object to the declaration of dangerous dog:
(1) The owner may, within five days of receipt of the declaration request a hearing before the
district court by submitting a written request to the clerk of the court.
(2) If the court finds that there is insufficient evidence to support the declaration, it shall be
rescinded and the restrictions imposed thereby annulled.
(3) If the court finds sufficient evidence to support the declaration it may impose court costs on the
appellant, and may impose additional restrictions on the animal or owner.
(4) In the event the court finds that the animal is not a dangerous dog, no court costs shall be
assessed against the county or the animal control authority or officer.
(e) Following service of a declaration of dangerous dog the animal control authority may if
circumstances require impound the animal at the owner's expense, pursuant to the provisions of this
chapter, until a court orders either its redemption or destruction.
(f) The animal control authority shall issue a dangerous dog license to the owner of a dangerous dog if
the owner presents to the animal control authority sufficient evidence of:
(1) A proper enclosure to confine a dangerous dog and the posting of the premises with clearly
visible signs that there is a dangerous dog on the property. In addition, the owner shall
conspicuously display a sign with a warning symbol that informs children of the presence of a
dangerous dog;
(2) A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form
acceptable to the animal control authority in the sum of at least fifty thousand dollars, payable to
any person injured by the dangerous dog; or
(3) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified
under RCW Title 48 in the amount of at least fifty thousand dollars, insuring the owner for any
personal injuries inflicted by the dangerous dog;
(4) A micro-chip identification tag placed into the animal by a licensed veterinarian;
(5) A current photograph of the animal.
(g) The license fee for each dangerous dog to be licensed under this section is one hundred dollars.
The annual renewal fee for each dangerous dog licensed under this section is fifty dollars and shall
be due no later than January 31st of each year. All owners of dangerous dogs shall purchase a
dangerous dog license from the animal control authority within five days of receipt of the declaration
of dangerous dog (if no proper appeal has been filed).
(h) The county sheriff shall be responsible for the declaration of dangerous dogs, and the licensing of
dangerous dogs under this section.
(Ord. 101-98 (part), 1998).
4.08.080-Penalties and transfer of ownership—Potentially and dangerous dogs.
(a) It is unlawful for an owner of a potentially dangerous dog to permit the dog to be at large at anytime.
(b) Any owner of a potentially dangerous dog who fails to obtain a license or renewal for such dog as
described in Section 4.08.050 in addition to criminal sanctions shall be assessed a civil penalty in the
amount of two hundred fifty dollars and the animal shall be immediately confiscated by the animal
control authority. No such civil penalty shall be assessed until five days have elapsed from the date
such owner is notified by the animal control authority that such license or renewal for such potentially
dangerous dog is required, or until any appeal brought under that section has been complete,
whichever is later.
(c) Any owner of a dangerous dog who fails to obtain a license or renewal for such dog as described in
Section 4.08.060 in addition to criminal sanctions shall be assessed a civil penalty in the amount of
five hundred dollars and the animal shall be immediately confiscated. No such civil penalty shall be
assessed until five days have elapsed from the date such owner is notified by the animal control
authority that such a license or renewal for such dangerous dog is required, or until any appeal
brought under that section has been complete, whichever is later.
(d) Any potentially dangerous or dangerous dog for which a license or renewal has not been obtained
by its owner pursuant to Sections 4.08.050 and 4.08.060 is subject to being impounded by the
animal control authority. The owner of any potentially dangerous or dangerous dog so impounded
shall be subject to a civil penalty in the amount of ten dollars per day for each day such dog remains
impounded with the animal control authority. Any potentially dangerous or dangerous dog
impounded due to the failure of the owner of such dog to obtain the required license or renewal and
which remains impounded for a period of at least ten days due to the failure of the owner to obtain
such license or renewal may be destroyed in an expeditious and humane manner by the animal
control authority and the owner shall be assessed an additional civil penalty in the amount of fifty
dollars for the cost of destroying the animal. A civil penalty in the amount of ten dollars per day shall
be assessed against the owner of each potentially dangerous or dangerous dog impounded by the
animal control authority under this section.
(e) It is unlawful for the owner of a dangerous dog to permit the dog to be outside the proper enclosure
unless the dog is muzzled and restrained by a substantial chain or leash and under the physical
restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
Any owner who violates this provision in addition to criminal sanctions shall be assessed a civil
penalty of two hundred fifty dollars for each violation thereof.
(f) Any dangerous dog shall be immediately confiscated by an animal control authority if the:
(1) Dog is not validly licensed; or
(2) Owner does not secure the liability insurance; or
(3) Dog is not maintained in a proper enclosure; or
(4) Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not muzzled
and under restraint of the responsible person.
In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW
9A.20.021. The owner of any dog confiscated under this subsection may recover such dog from the
animal control authority upon the payment of a civil fine which shall be in the amount of two hundred fifty
dollars plus ten dollars per day for each day said dog has been in control of the animal control authority;
provided however,that in the event the owner has not picked up the dangerous dog within ten days of
being notified by the animal control authority that such dog is under the control of such authority,the dog
shall be destroyed in an expeditious and humane manner and the owner shall be assessed an additional
civil penalty in the amount of fifty dollars for the cost of destroying such dangerous dog.
(g) If a dangerous dog of an owner with prior convictions under this chapter attacks or bites a person or
another domestic animal, the dog's owner is guilty of a Class C felony, punishable in accordance
with RCW 9A.20.021. In addition, the dangerous dog shall be immediately confiscated by the animal
control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an
expeditious and humane manner. The owner of any dangerous dog confiscated and destroyed
pursuant to this subsection shall be assessed a civil penalty in the amount of ten dollars per day for
each day such dangerous dog is quarantined with the animal control authority and in an amount of
fifty dollars for the cost of destroying such dangerous dog.
(h) Owners of potentially and dangerous dogs who sell or otherwise transfer the ownership, custody, or
residence of the dog shall within ten days inform the Mason County sheriffs office, in writing, the
name, address, and telephone number of the new owner and the name and description of the dog.
The owner shall, in addition, notify the new owner in writing the details of the dog's record, terms and
conditions of the maintenance and provide the Mason County sheriffs office with a copy thereof
containing an acknowledgment by the owner of his/her receipt of the original.
(Ord. 101-98 (part), 1998).
4.08.090 -Rabies and disease control.
The Mason County Health District officer, or his/her designee, shall have the responsibility for
administering the rules and regulations of the Washington State Board of Health relating to rabies and
disease control in Mason County.
(Ord. 101-98 (part), 1998).
4.08.100-Rabies control—Quarantine and disposal.
(a) Any animal which bites a person and that bite breaks the skin shall be quarantined for ten days as
may be ordered by the animal control authority or the Mason County Health District officer. During
quarantine, the animal shall be securely confined and kept from contact with any other animal or
person except for the primary caretaker of the animal. The quarantine may be permitted on the
premises of the owner if the owner can show proper quarantine confinement to the animal control
authority. If the animal control authority requires other confinement, the owner shall surrender the
animal for the quarantine period to an animal shelter or veterinary hospital at the expense of the
owner.
(b) No enforcement officer or any other person shall knowingly, except in the reasonable effort to
protect himself or others, kill, or cause to be killed, any animal suspected of being rabid; provided if a
veterinarian, after a thorough diagnosis, determines possible rabies in any animal in quarantine, the
animal shall be humanely killed and the head of the animal sent to the state laboratory for
pathological examination and confirmation of the diagnosis.
(Ord. 101-98(part), 1998).
4.08.110-Habitual violator.
(a) In addition to any legal remedy available under the provisions of this chapter, the animal control
authority will notify and direct in writing the owner of any animal which is guilty of three notices of
violation, pursuant to Section 4.08.030, in any twelve month period to abate and remove said animal
from the county within seventy-two hours from the date of said notice, or in the alternative to abate
and transfer ownership and possession of the animal to another person not living at the same place
of residence. Such notice to abate shall state the method of appealing .the order except that any
appeal must be filed before the closure of the animal control authority's office on the second
business day following service of the notice.
(b) The owner of any animal that has been served with an order of abatement, pursuant to subsection
A of this section may appeal such order by requesting a hearing before the district court by
submitting a written request to the clerk of the court. Any appeal must be filed before the closure of
the animal control authority's office on the second business day following service of the notice.
(c) If said owner of animal is found in violation of the abatement notice after seventy-two hours have
elapsed from the date of notice and no timely appeal is filed, said animal shall be impounded and
removed by the animal control authority, subject to all impound procedures; provided however, the
animal may not be returned to the same residence or property from which it was impounded or
resided.
(Ord. 101-98 (part), 1998).
4.08.120 -Enforcement.
(a) The animal control authority is authorized to take such lawful action as may be required to enforce
the provisions of this chapter and the laws of the state of Washington pertaining to animal cruelty,
shelter, welfare and control and as amended. Such action may include, but not be limited to the
issuance of warning notices or citations to owners of animals found to be a public nuisance and/or
apprehension and impoundment of animals.
(b) The animal control authority while pursuing any animal observed to be in violation of this chapter
may enter upon any public or private property, except any private building, for the purpose of abating
the animal violation being pursued. Entry into a building designated for and used for private purposes
may be accomplished upon the issuance of a proper search or arrest warrant by a court of
competent jurisdiction.
(Ord. 101-98 (part), 1998).
4.08.130- Impoundment.
(a) The animal control authority may apprehend any animal found doing or involved in acts defined as a
public nuisance,animals at large,and/or being subjected to cruel treatment as defined by law. If it is
not reasonably possible to return the animal to its owner, the animal control authority shall notify the
owner of the animal within a reasonable time by telephone, mail, direct personal contact or posting at
the residence of the owner that the animal has been impounded and if appropriate may be
redeemed at the designated animal shelter. Any animal impounded pursuant to this chapter shall be
held for the owner for at least two business days commencing with apprehension. Any animal not
redeemed by its owner during the prescribed period, or which is suffering from a serious injury or
disease as determined by a licensed veterinarian, may be humanely destroyed at the expense of the
owner.
(b) Animals that are removed from the possession of a person in the custody of a law enforcement
officer shall be held for the period described in this section. An impoundment receipt shall be
delivered to the person in custody from whom the animal was taken.
(c) An impoundment receipt shall cite redemption requirements and shall serve as the notice to the
owner required herein. The above return and notification requirements shall not apply to any animal
that is deemed abandoned under the provisions of Chapter 16.54 RCW, or as defined in this chapter.
(d) Any potentially or dangerous dog may be impounded at the expense of the owner pending proper
appeals.
(Ord. 101-98(part). 1998).
4.08.140-Impoundment register.
The impounding authority shall maintain a register of all animals impounded pursuant to this chapter,
and such register shall show the species and breed of the animal, a description of the animal by coloring
and marking, the time and date of impoundment, the name of animal control officer impounding the
animal, the area in which the animal was picked up, the method and time of notifying the owner if known,
of redemption procedures, and the disposition of the animal and the date and time thereof.
(Ord. 101-98 (part), 1998).
4.08.150-Notice of violation—Civil penalties.
(a) Unless another penalty is expressly provided for, all acts, conduct, and events prohibited or
declared unlawful in this chapter shall constitute civil infraction.
(b) Whenever an animal control officer has reasonable grounds to believe an animal is violating or
being maintained in violation of this chapter, he/she shall be authorized to issue the owner a notice
of violation. The penalties assessed within any twelve-month period shall be as follows:
(1) Public nuisance violation as defined in Section 4.08.030.
First violation ..... Warning notice
Second violation ..... $100.00 civil infraction
Third violation ..... 250.00 civil infraction
Fourth violation ..... Misdemeanor
(2) Dogs declared to be potentially dangerous or dangerous:
In addition to any license requirements the following shall apply:
Potentially dangerous dog ..... $250.00 civil infraction
Dangerous dog ..... 500.00 civil infraction
Potentially dangerous dog at large ..... 250.00 civil infraction
(3) Quarantine:
Any person permitting an animal to violate a quarantine order shall be subject to the
following penalties:
Failure to quarantine and/or failure to control quarantined animal ..... $250.00 civil infraction
If any owner cited under this chapter destroys or transfers the ownership of the said animal it does
not relieve the owner of his/her responsibility to pay any and all civil or criminal fines or penalties as the
result of the infraction or citation.
(Ord. 101-98 (part), 1998).
4.08.160 - Legal or equitable relief.
The animal control authority in addition to the use of any other remedy herein, may seek legal or
equitable relief to enjoin acts or practices and abate any conditions which constitute a violation of this
chapter or other regulations hereafter adopted.
(Ord. 101-98 (part), 1998).
4.08.170- Redemption.
The redemption fee for an animal includes the cost of apprehension and transportation and the costs
of impoundment and care of the animal including veterinary fees and shall be paid to and retained by the
animal control authority. Any civil penalties due and owing shall be in addition to the redemption fee. The
redemption fee shall be set in accordance with the schedule provided by the impoundment facility:
A. Daily Care. For each twenty-four hour period or portion thereof, from the time of impoundment:
(1) Dog or cat: ten dollars.
(2) Other small animal weighing less than fifty pounds:ten dollars.
(3) Any livestock weighing fifty pounds or more: twenty dollars.
B. Veterinary Costs. Actual costs incurred from emergency medical care, other extraordinary costs
incurred to apprehend and/or impound the animal may be charged by the animal control
authority.
(Ord. 101-98 (part), 1998).
4.08.180-Immunity.
The county, the county's designee, the animal control authority, and the animal control officer shall
be immune from any and all civil liability for any actions taken pursuant to this chapter, or for any failure to
take action to enforce the provisions of this chapter. This chapter has been enacted for the welfare of the
public as a whole.
(Ord. 101-98 (part), 1998).