HomeMy WebLinkAbout22-99 - Ord. Amending Ord. 131-98 Interim Measure to Prohibit New Construction in Skokomish River Valley ORDINANCE NUMBER 2-9
IN THE MATTER OF :
Enacting an amendment of Ordinance No . 131 - 98 , which extended Ordinance No . 80-98 , under
the authority of Chapters 36 . 70 and 36 . 70A RCW.
WHEREAS . Mason County Resolution No . 113 -97 was enacted as an interim measure to prohibit
all new construction in the Skokomish River Valley where there was a threat to life and property
due to a potential river avulsion, and the areas safe from such an avulsion had not been
determined ; and
WHEREAS , the Mason County Interim Resource Ordinance No . 77- 93 was adopted on August
31 1993 , and has since been amended; and
WI-IEREAS , said ordinance was appealed to the Western Washington Growth Management
Hearings Board as provided in the Growth Management Act; and
WHEREAS , said ordinance was found not to be in compliance with the Growth Management Act
and remanded to Mason County for compliance by orders of the Growth Management Hearings
Board, Case No . 95 -2-0073 ; and
WHEREAS , Mason County has adopted recent amendments to the ordinance to bring it into
compliance with the Growth Management Act, but the petitioners involved in the appeal continue
to be concerned that the amendments do not fully comply with the Growth Management Act; and
WHEREAS , Mason County and the petitioners wish to resolve the remaining issues through
discussions, if possible, but that in order to do this, the petitioners found that certain immediate
actions should be implemented by the county to protect resources and critical areas during the
period prior to resolution of the issues; and
WHEREAS , Mason County agreed to take those actions on an interim basis so that there was no
dispute between the parties of the agreement that adequate regulations were in place to protect
the resources and critical areas until further investigation and analysis can be completed, and took
action by adopting Ordinance 23 - 98 , and
WHEREAS , Ordinance 23 -98 was extended and amended by Ordinance 68 -98 and then extended
and amended by Ordinance 80- 98 ;
WHEREAS , said Ordinance 80- 98 expired December 23 , 1998 and was extended by Ordinance
131 - 98 :
1
NOW, TIIEREFORE, BE IT BY ORDAINED , that the Board of Commissioners of
Mason County hereby :
1 ) Extends and amends Resolution No . 113 -97 for one year until December 16 , 1999 .
a) For the detailed study area :
(i) The "detailed study area" is defined as :
That area in the Skokomish River Valley within the 100 year flood plain and within
the study area of the Skokomish Raver Comprehensive Flood Hazard
Management Plan, dated February 1997, and as delineated on the Flood Insurance
Rate Map 530115 0180D dated September 30, 1997 , or as amended . A map
delineating this area is attached hereto as "Exhibit A. "
(ii) Within the detailed study area the following regulations shall apply :
(a)Construction of any new structure, as defined in Flood Damage
Prevention Ordinance #59 - 91 , shall not be allowed . Reconstruction shall
be allowed pursuant to all applicable regulations and the following
condition :
The area of the footprint of the structure following reconstruction shall be
no greater than the areas of footprints prior to reconstruction . A footprint
is defined as the total area of the first floor of a structure, regardless of
how the structure is supported .
(b) Except that, new or reconstructed non-residential structures may be
allowed in areas where the existing site elevation is no more than 2 feet
below the base flood elevation, and provided that the site is not within the
Zone I area established in the attached map , "Exhibit C . "
b) For the upstream area.
(i) The "upstream area" is defined as :
The 100 year (Zone A) flood plain of Vance Creek and tributaries, and South Fork
Skokomish River and tributaries within Sections 1 , 27 12, and 13 , Township 21 N. ,
Range 5 W, W.M. ; as delineated on Flood Insurance Rate Map 530115 0175 D
dated September 30, 1997, or as amended, and the 100 year Zone A floodplain of
the Skokomish River system as delineated on the Flood Insurance Rate Map
530115 0180 D lying upstream of the detailed study area. Maps delineating this
area are attached hereto as "Exhibit A" and "Exhibit B . "
(ii) Within the upstream area the following regulations apply :
The moratorium which was established by Resolution 113 -97 and continued by
2
ordinance 23 - 98 is hereby continued, except that existing property owners as of
the date of adoption of Ordinance 80 - 98 on July 14 1998 , may construct or
reconstruct a residential or non-residential structure which is at least 200 feet from
the ordinary high water mark of a stream or river within the upstream area,
provided that a report from an professional engineer with an hydraulic background
has determined that the structure is not at risk from avulsions from the respective
stream. The term " ordinary high water mark" shall be defined as provided in the
Mason County Shorelines Master Program.
(iii) Within the upstream area no new subdivisions of land shall be allowed .
2) Extends Ordinance 23 -98 , which amends Mason County Ordinance No . 77- 93 on an
interim basis by deleting the words "in Management Areas" from section 17 . 01 . 110 . D . 2 . f;
and
3 ) Extends Ordinance 23 -98 , which amends Mason County Ordinance No . 77-93 on an
interim basis by adding to section 17 . 01 . 110 .D . 2 . the following subsection: "i. Clearing
and construction is prohibited within the vegetation area for Water Types II, III, IV, and
V; and clearing and construction is prohibited in Class I Management Areas within 100
feet of the Type I Waters . Provided, however, that work necessary for bank protection or
for vegetation enhancement, including nonchemical noxious weed control, may be allowed
as a permit required activity. For Class II Areas, a Mason Environmental Permit is
required . For Class I Areas, either a Mason Environmental Permit or a Shoreline
Substantial Development Permit is required . The provision for weed control shall not be
construed as to permit land clearing . This subsection shall not apply to salt water bodies,
including Hood Canal, or to lakes greater than 20 acres . "
This Ordinance replaces Ordinance No . 131 -98 . These interim amendments shall expire on
December 16 , 1999 .
DATED this 9th day of February 19996
Board of County Commissioners
Mason County, Washington
1 4� �Wlw& ATTEST :
JoifA. Bolender, Commissioner
Clerk of the Board
Commis e
r & PROVED AS TO FORM:
b
Cynthia . Olsen, Commissioner
li - '
Prosecuting Attorney
3