HomeMy WebLinkAbout125-98 - Ord. Amending County Environmental Policy ORDINANCE NUMBER
AMENDMENTS TO THE MASON COUNTY
ENVIRONMENTAL POLICY ORDINANCE
AN ORDINANCE amending the following parts of the Mason County Environmental Policy Ordinance [Ord. No.
758(5177),Ord.77-84 (10/84), Ord. 17-95 (2/95), and Ord. 55-97 (5/97)]: Parts Two,Three, Four,Six, Eight,
Nine, and Ten.
WHEREAS,the Board of County Commissioners did adopt the above-mentioned ordinances as the Mason
County Environmental Policy Ordinance and did adopt Title 8, Environmental Policv,in October 1978 as part.
of the Mason County Code;
WHEREAS,RCW 36.70B(Local Project Review)was codified in 1996 and set forth project review procedures
which emphasize concurrent review and timely appeal processes, and also adopted amendments to RCW
43.21 C,the State Environmental Policy Act, in 1997;
WHEREAS,the Washington Department of Ecology issued new Rules,WAC Chapter 197-11,that became
effective in November of 1997,and issued a new draft Model Ordinance in March of 1998;
WHEREAS,the changes to the state law become effective and must be implemented by local governments;
WHEREAS,the county adopted Interim Ordinance 117-98 to implement the changes to the state law until such
time as the county is able to take final action;
WHEREAS,the county Planning Commission and Board of Commissioners held public hearings and approved
findings of fact;
NOW THEREFORE, BE IT HEREBY ORDAINED,that the Mason County Board of Commissioners hereby
ADOPTS the attached amended Mason County Environmental Policy Ordinance,dated December 1, 1998,
which also supersedes Interim Ordinance 117-98.
DATED this—L day of Do eM b&- , 1998.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
Jolin A. Bolender, COMMISSIONER
erk of the Board U
6
Mary J. Cj4
PMMISSIONEAAP RTECPAS,TO FORM:
R
C}� EI Di'A Cyn is . Olsen,COMMISSI NER
Prosecuting Attorney
c: Community Development
Prosecutor
ORDINANCE NO. -
ORDINANCE - ENVIRONMENTAL POLICY
This ordinance supersedes Mason County Code, Title 8, Environmental Policy dated
October 15, 1978; County Environmental Policy Ordinance 758, dated May 9, 1977;
Ordinance - Environmental Policy (Ordinance 99-84) dated October 1, 1984; Ordinance
17-95, dated February 28, 1995; and Ordinance 55-97, dated May 13, 1997; and interim
Ordinances 48-98 and 117-98.
PART ONE -AUTHORITY
1.1 The County of Mason adopts this ordinance under the State Environmental Policy
Act (SEPA), RC W 43.21C.120, and the SEPA rules, WAC 197-11-904.
This ordinance contains this county's SEPA procedures and policies.
The SEPA.rules, Chapter 197-11 WAC, must be used in conjunction with this
ordinance. [Statutory Authority; RC W 43.21 C.130. 84-13-036 (Order DE 84-25),
§173-806-010, filed 6/15/84. Formerly WAC 173-805-010.]
PART TWO - DEFINITIONS
2.1 Purpose of this Part and Adoption by Reference. This part contains uniform usage
and definitions of terms under SEPA. The county adopts the following sections by
reference:
197-11-700 Definitions.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected tribe.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-721 Closed record appeal.
197-11-722 Consolidated appeal.
197-11-724 Consolidated agency.
197-11-726 Cost-benefit analysis.
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998
197-11-728 County/city.
197-11-730 Decision maker.
197-11-732 Department.
197-11-734 Determination of Nonsignificance (DNS).
197-11-736 Determination of Significance (DS).
197-11-738 EIS.
197-11-740 Environment.
197-11-742 Environmental checklist.
197-11-744 Environmental document.
197-11-746 Environmental review.
197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 Mitigated DNS.
197-11-768 Mitigation.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Non-project.
197-11-775 Open record hearing.
197-11-776 Phased review.
197-11-778 Preparation.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Responsible official.
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Scoping.
197-11-794 Significant.
197-11-796 State agency.
197-11-797 Threshold determination.
197-11-799 Underlying governmental action.
[Statutory Authority: RCW 43.21 C.130.84-13.036 (Order DE 84-25), §173-806-175,
filed 6/15/84. Formerly, WAC 173-805-020.]
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998
2.2 Additional Definitions. In addition to those definitions contained within WAC 197-
11-700 through 197-11-799, when used in this ordinance, the following terms shall
have the following meanings, unless the context indicates otherwise:
(1) "Department" means any division, subdivision or organizational unit of the
county established by ordinance, rule or order.
(2) "SEPA rules" means Chapter 197-11 WAC adopted by the Department of
Ecology.
(3) "Ordinance" means the ordinance, resolution, or other procedure used by
the county to adopt regulatory requirements.
(4) "Early notice" means the county's response to an applicant stating whether
it considers issuance of a determination of significance likely for the
applicant's proposal (mitigated, Determination of Nonsignificance (DNS)
procedures). [Statutory Authority: RC W 43-21 C.130.84-13-036 (Order DE
84-25), §173-706-030, filed 6/15/84. Formerly WAC 1.73-805-030.]
(5) "Urban Growth Area". Those such areas designated in the county
comprehensive plan or other land control ordinances.
PART THREE - GENERAL REQUIREMENTS
3.1 Purpose of this Part and Adoption by Reference. This part contains the basic
requirements that apply to the SEPA process. The county adopts the following
sections.of Chapter 197-11 of the Washington Administrative Code by reference:
197-11-040 Definitions.
197-11-050 Lead Agency.
197-11-055 Timing of the SEPA process.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
197-11-158 GIVIA project review.
197-11-250 SEPA/Model Toxics Control Act integration.
197-11-253 SEPA lead agency for IVITCA actions.
197-11-256 Preliminary evaluation.
197-11-259 Determination of nonsignificance for IVITCA remedial actions.
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998 3
197-11-262 Determination of significance and EIS for MTCA remedial actions.
197-11-265 Early scoping for MTCA remedial actions.
197-11-268 MTCA interim actions.
[Statutory Authority: RCW43.21C.130. 84-13-036 (Order DE 84-25), §173-806-
020, filed 6/15/84. Formerly WAC 173-805-020.]
3.2 Designation of Responsible Official.
(1) For public proposals, the head (administrative official) of the department
making the proposal shall be the responsible official. For private proposals,
the head (administrative official) of the department with primary responsibility
for approving the permits and licenses for the proposal shall be the
responsible official. When multiple officials have permitting authority, the
assignment of responsibility shall be reached by agreement.
(2) For all proposals for which the county is the lead agency, the responsible
official shall make the threshold determination, supervise scoping and
preparation of any required environmental impact statement (EIS), and
perform any other functions assigned to the "lead agency" or "responsible
official" by those sections of the SEPA rules that were adopted by reference
in paragraph 3.1 above.
(3) For any proposal as defined in (1) and (2) above, the Mason County Board
of Commissioners may assume the status of"Decision maker' as defined in
WAC 197-11-730 in which case the responsible official shall be subject to
the directions of the County Commissioners.
(4) The county shall retain all documents required by the SEPA rules (Chapter
197-11 WAC) and make them available in accordance with Chapter 42.17
RCW. [Statutory Authority: RCW 43-21 C.130. 84-13.036 (Order DE 84-25),
§173-806-040, filed 6/15/84. Formerly WAC 173-805-115.]
3.4 Lead Agency Determination and Responsibilities.
(1) The department within the county receiving an application for or initiating a
proposal that involves a nonexempt action shall determine the lead agency
for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922
through 197-11-940; unless the lead agency has been previously
determined or the department is aware that another department or agency
is in the process of determining the lead agency.
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998 4
(2) When the county is the lead agency for a proposal, the department receiving
the application shall determine the responsible official who shall supervise
compliance with the threshold determination requirements, and if an EIS is
necessary, shall supervise preparation of the EIS.
(3) When the county is not the lead agency for a proposal, all departments of
the county shall use and consider, as appropriate, either the DNS or the final
EIS of the lead agency in making decisions on the proposal. No county
department shall prepare or require preparation of a DNS or EIS in addition
to that prepared by the lead agency, unless required under WAC 197-11-
600. In some cases, the county may conduct supplemental environmental
review under WAC 197-11-600.
(4) If the county or any of its departments receive a lead agency determination
made by another agency that appears inconsistent with the criteria of WAC
19-11-253 or WAC 197-11-922 through 197-11-940, it may object to the
determination. Any objection must be made to the agency originally making
the determination and resolved within fifteen days of receipt of the
determination under WAC 197-11-946 within the fifteen-day time period.
Any such petition on behalf of the county may be initiated by the Mason
County Commissioners.
(5) Departments of the county are authorized to make agreements as to lead.
agency status or shared lead agency duties for a proposal under WAC 197-
1-942 and 197-11-944: Provided, that the Mason County Board of
Commissioners approves the agreements.
(6) Any department making a lead agency determination for a private project
shall require sufficient information from the applicant to identify which other
agencies have jurisdiction over the proposal (That is: Which agencies
require nonexempt licenses?).
(7) When the county is lead agency for a MTCA remedial action, the department
of ecology shall be provided an opportunity under WAC 197-11-253(5) to
review the environmental documents prior to public notice being provided.
If the SEPA and MTCA documents are issued together with one public
comment period under WAC 197-11-253(6), the county shall decide jointly
with ecology who receives the comment letters and how copies of the
comment letters will be distributed to the other agency. [Statutory Authority:
RCW 43.21C.130.84-13-036 (Order DE 84-25), §173-806-050, filed
6/15/84.[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-
25), §173-806-050, filed 6/15/84. Formerly WAC 173-805-070.]
ENVIRONMENTAL POLICY ORD.
ADOPTED DECENMER 1, 1998 5
3.5 Additional Considerations.
(1) SPA review shall be conducted concurrently with development project
review.
(2) The DNS or draft EIS for the proposal shall accompany the county's staff
recommendation to any appropriate advisory body, such as the planning
commission.
(3) If the county's only action on a proposal is a decision on a building permit or
other license that requires a detailed project plan and specifications, the
applicant may request in writing that the county conduct environmental
review prior to submission of the detailed plans and specifications. [Statutory
Authority: RCW43.21C.130. 84-13-036 (Order DE 84-25), §173-806-058,
filed 6/15/84. Formerly WAC 173-805 WAC.]
PART FOUR
CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
4.1 Purpose of this Part and Adoption by Reference. This part contains the rules for
deciding whether a proposal has a "probably significant, adverse environmental
impact" requiring an environmental impact statement (EIS) to be prepared. This
part also contains rules for evaluating the impacts of proposals not requiring an
EIS. The county adopts the following sections by reference, as supplemental in this
part:
WAC
197-11-300 Purpose of this part.
197-11-305 Cbtegorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information
197-11-340 Determination of Nonsignificance (DNS)
197-11-350 Mitigated DNS.
197-11-355 Optional DNS process.
197-11-360 Determination of Significance (DS)/initiation of scoping.
197-11-390 Effect of threshold determination.
[Statutory Authority: RCW 43.21 C.130. 84-13.036 (Order DE 84-25), §173-806-
, 065, filed 6/15/84. Formerly WAC 173-805-020 WACJ
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEI\,MER 1, 1998 6
4.2 Flexible Thresholds for Categorical Exemptions.
(1) Mason County establishes the following exempt levels for minor new
construction under WAC 197-11-800(1)(b) based on local conditions:
(a) For residential dwelling, units in WAC 197-11-800(1)(b)(i): Up to 20
dwelling units.
(b) For agricultural structures in WAC 197-11-800(1)(b)(ii) Up to 30,000
square feet.
(c) For office, school, commercial, recreational, service or storage
buildings in WAC 197-11-800(1)(b)(iii): Up to 12,000 feet and up to
40 parking spaces.
(d) For parking lots in WAC. 197-11-800(1)(b)(iv): Up to 40 parking
spaces.
(e) For landfills and excavations in WAC 197-11-800(1)(b)(v): Up to 500
cubic yards.
(2) Whenever the county establishes new exempt levels under this section, it
shall send them to the Department of Ecology, Headquarters Office,
Olympia, Washington 98504 under WAC 197-11-800(1)(c). [Statutory
Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-070,
filed 6/15/84. Formerly WAC 173-805 WAC.]
4.3 Use of Exemptions.
(1) Each department within the county that receives an application for a license
or, in the case of governmental proposals, the department initiates the
proposal, shall determine whether the license and/or the proposal is exempt.
The department's determination that a proposal is exempt shall be final and
not subject to administrative review. If a proposal is exempt, none of the
procedural requirements of this ordinance apply to the proposal. The county
shall not require completion of an environmental checklist for an exempt
proposal.
(2) In determining whether or not a proposal is exempt, the department shall
make certain the proposal is properly defined and shall identify the
governmental licenses required (WAC 197-11-060). If a proposal includes
exempt and nonexempt actions, the department shall determine the lead
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998 7
agency, even if the license application that triggers the department's
consideration is exempt.
(3) If a proposal includes both exempt and nonexempt actions, the county may
authorize exempt actions prior to compliance with the procedural
requirements of this ordinance, except that:
(a) The county shall not give authorization for:
(i) any nonexempt action;
(ii) any action that would have an adverse environmental impact; or
(iii) any action that would limit the choice of alternatives.
(b) A department may withhold approval of an exempt action that would
lead to modification of the physical environment, when such
modification would serve no purpose if nonexempt action(s) were not
approved; and
(c) A department may withhold approval of exempt actions that would
lead to substantial financial expenditures by a private applicant when
the expenditures would serve no purpose if nonexempt action(s) were
not approved. [Statutory Authority: RCW 43.21C.130. 84-13-036
(Order DE 84-25), §173-806-080, filed 6/15/84. Formerly WAC 173-
805-060 WAC.]
4.4 Environmental Checklist.
(1) A completed environmental checklist (or a copy), in the form provided in WAC
197-11-960, shall be filed at the same time as an application for a permit,
license, certificate, or other approval not specifically exempted in this
ordinance; except, a checklist is not needed if the county and,applicant agree
an EIS is required, SEPA compliance has been completed, or SEPA
compliance has been initiated by another agency. The county shall use the
environmental checklist to determine the lead agency and, if the county is the
lead agency, for determining the responsible official and for making the
threshold determination.
(2) For private property, the county will require the applicant to complete the
environmental checklist providing assistance as necessary. For county
proposals, the department initiating the proposal shall complete the
environmental checklist for that proposal.
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEN413ER 1, 1998 8.
(3) The county may require that it, and not the private applicant, will complete all
or part of the environmental checklist for a private proposal, if either of the
following occurs:
(a) The county has technical information on a question or question
that is unavailable to the private applicant; or
(b) The applicant has provided inaccurate information on previous
proposals or on proposals currently under consideration.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE
84-25), §173-806-090, filed 6/15/84. Formerly WAC 173-805-
090.]
4.5 Mitigated DNS.
(1) As provided in this section and in WAC 197-11-350, the responsible official
may issue a DNS based on conditions attached to the proposal by the
responsible official or on changes to, or clarifications of, the proposal made
by the applicant.
(2) An applicant may request in writing early notice of whether a DS is likely
under WAC 197-11-350. The request must:
(a) Follow submission of a permit application and environmental checklist
for a nonexempt proposal for which the department is the lead agency;
and
(b) Precede the county's actual threshold determination for the proposal.
(3) The responsible official should respond to the request for early notice within
fifteen working days. The response shall:
(a) Be written;
(b) State whether the county currently considers issuance of a DS likely
and, if so, indicate the general or specific area(s) of concern that
is/are leading the county to consider a DS; and
(c) State that the applicant may change or clarify the proposal to mitigate
the indicated impacts, revising the environmental checklist and/or
permit application as necessary to reflect the changes or
clarifications.
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998 9
(4) As much as possible, the county should assist the applicant with identification
of impacts to the extent necessary to fdrmulate mitigation measures.
(5) When an applicant submits a changed or clarified proposal, along with a
revised or amended environmental checklist, the county shall base its
threshold determination on the changed or clarified proposal and should
make the determination within fifteen days of receiving the changed or
clarified proposal:
(a) If the county indicated specific.mitigation measures in its response to
the request for early notice, and the applicant changed or clarified the
proposal to include those specific mitigation measures, the county
shall issue and circulate DNS under WAC 197-11-340(2).
(b) If the county indicated areas of concern, but did not indicate specific
mitigation measures that would allow it to issue a DNS, the county
shall make the threshold determination, issuing a DNS or DS as
appropriate.
(c) The applicant's proposed mitigation measures (clarifications, changes
or conditions) must be in writing and must be specific. For example,
proposals to "control noise" or "prevent stormwater runoff' are
inadequate, whereas proposals to "muffle machinery to X decibel" or
construct 200-foot, stormwater retention pond at Y location" are
adequate.
(d) Mitigation measures which justify issuance of a mitigated DNS may
be incorporated in the DNS by reference to agency staff reports,
studies or other documents.
(6) A mitigated DNS is issued under either WAC 197-11-340(2), requiring a
fourteen-day comment period and public notice or WAC 197-11-355, which
may require no additional comment period beyond the comment period on the
notice of application.
(7) Mitigation measures incorporated in the mitigated DNS shall be deemed
conditions of approval of the permit decision and may be enforced in the
same manner as any term or condition of the permit, or enforced in any
manner specifically prescribed by the county.
(8) If the county's tentative decision on a permit or approval does not included
mitigation measures that were incorporated in a mitigated DNS for the
ENVIRONN1ENTAL POLICY ORD.
ADOPTED DECENDER 1, 1998 10
proposal;
the county should evaluate the threshold determination to assure
consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
(9) The county's written response under Subsection (2) of this section shall not
be construed as a determination of significance. In addition, preliminary
discussion of clarifications or changes to a proposal, as opposed to a written
request for early notice, shall not bind the county to consider the clarifications
or changes in its threshold determination. [Statutory Authority: RCW
43.21C.130. 84-13-036 (Order DE 84-25), §173-806-100, filed 6/15/84.
formerly Chapter 173-805 WAC.]
PART FIVE
ENVIRONMENTAL IMPACT STATEMENT
(EIS)
5.1 Purpose of this Part and Adoption by Reference. This part contains the rule for
preparing environmental impact statements. The. county adopts the following
sections be reference, as supplemented by this part:
WAC
197-11-400 Purpose of EIS.
197-11-402 General Requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping (optional).
197-11420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on non-project proposals.
197-11-443 EIS contents when prior non-project EIS.
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-
110, filed 6/15/84. Formerly Chapter 173-805-020.]
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEI\,MER 1, 1998 11
5.2 Preparation of EIS --Additional Considerations.
(1) Preparation or draft and final ElSs (DEIS and FEIS) and draft and final
supplemental ElSs (SEIS) is the responsibility of the responsible official.
Before the county issues an EIS, the responsible official shall be satisfied that
.it complies with this ordinance and Chapter 197-11 WAC.
(2) The DEIS and FEIS or drat and final SEIS shall be prepared by county staff,
the applicant, or by a consultant selected by the county or the applicant. If
the responsible official requires an EIS for a proposal and determines that
someone other than the county will prepare the EIS, the responsible official
shall notify the applicant immediately after completion of the threshold
determination. The responsible official shall also notify the applicant
immediately after completion of the threshold determination. The responsible
official shall also notify the applicant of the county's procedure for EIS
preparation, including approval of the DEIS and FEIS prior to distribution.
(3) The county may require an applicant to provide information the county does
not possess, including specific investigations. However, the applicant is not
required to supply information that is not required under this ordinance or that
is being requested from a'nother agency. (This does not apply to information
the county may request under another.ordinance or statues.) [Statutory
Authority: RCW 43.21 C.130. 84-13.036 (Order DE 84-25), §173-806-120,
filed 6/15/84. Formerly Chapter 173-805-100.]
PART SIX - COMMENTING
6.1 Adoption by Reference. This part contains the rules for.consulting, commenting,
and responding on all environmental documents under SEPA, including rules for
public notice and hearings. The county adopts the.following sections by reference,
as supplemented in this part:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA Register.
197-11-510 Public Notice.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998 12
197-11-570 Consulted agency costs to assist lead agency.
6.2 Public Notice.
(1) Whenever Mason County issues a DNS under WAC 197-11-340(2) or a DS
under WAC 197-11-360(3) the county shall give public notice as follows:
(a) If public notice is required for a nonexempt license, the notice shall
state whether a DS or DNS has been issued and when comments are
due.
(b) If no public notice is required for the permit or approval, the county
shall give notice of the DNS or DS by:
(i) posting the property, for site-specific proposals;
(ii) Notice by publication for commercial and industrial projects.
(c) Whenever the county issues a DS under WAC 197-11-360(3), the
county shall state the scoping procedure for the proposal in the DS
as required in WAC 197-11-408 and in the public notice.
(d) For site specific proposal located in the urban growth area or within
1,000 feet of its boundary, the county shall provide notice to any
adjoining city whenever it issues a DS or DNS.
(e) If an environmental document is issued concurrently with the notice
of application, the public notice requirements for the notice of
application in RCW 36.70B.110(4) will suffice to meet the SEPA
public notice requirements in WAC 197-11-510(1).
(2) If a DNS is issued using the optional DNS process, the public notice
requirements for a notice of application in RCW 36.70B.110(4) as
supplemented by the requirements in WAC 197-11-355 will suffice to meet
the SEPA public notice requirements in WAC 197-11-510(1).
(3) Whenever the county issues a DEIS under 197-11-455(5) or a SETS under
WAC 197-11-620, notice of the availability of those documents shall be given ,
by:
(a) Indicating the availability of the DEIS in any public notice required for
a nonexempt license, and
(b) Posting the property, for site-specific proposals-7
ENVIRONMENTAL POLICY ORD.
ADOPTED DECENOER 1, 1998 13
(c) Notifying public or private groups which have expressed interest in a
certain proposal or in the type of proposal being considered.
(4) Whenever possible, the county shall integrate the public notice 'required
under this section with existing notice procedures for the county's nonexempt
permit(s) or approval(s) required for the proposal.
(5) The county may require an applicant to complete the public notice
requirements for the applicant's proposal at his or her expense.
[Statutory Authority: RCW 43.21 C.130. 84-13.036 (Order DE,84-25), §173-806-
130, filed 6/15/84. Formerly WAC 173-805-39.]
6.3 Designation of Official to Perform Consulted Agency Responsibilities for the
County.
(1) The Department of Community Development shall be responsible for
preparation of written comments for the county in response to a consultation
request prior to a threshold determination, participation in scoping, and
reviewing a DEIS.
(2) This department shall be responsible for the county's compliance With WAC
197-11-550 whenever the county is a consulted agency and is authorized to
develop operating procedures that will ensure that responses to consultation
requests are prepared in a timely fashion and include data from all
appropriate departments of the county. [Statutory Authority: RCW
43.21C.130. 84-13-036 (Order DE 84-25), §173-806-140, filed 6/15/84.
Formerly Chapter 173-805-110.]
(3) The department's actions are subject to the review and approval of the Mason
County Commissioners.
PART SEVEN
USING EXISTING ENVIRONMENTAL DOCUMENTS
7.1 Purpose of this Part and Adoption by Reference. This part contains rules for using
and supplementing existing environmental documents prepared under SEPA or
National Environmental Policy Act (NEPA) for the county's own environmental
compliance. The county adopts the following sections by reference:
WAC
197-11-600 When to use existing environmental documents.
ENVfRONN1ENTAL POLICY ORD.
ADOPTED DECENMER 1, 1998 14
197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental impact statement - Procedures.
197-11-625 Addenda - Procedures.
197-11-630 Adoption - Procedures.
197-11-635 Incorporation by reference - Procedures.
197-11-640 Combining documents.
[Statutory Authority: RC W 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-
150, filed*6/15/84. Formerly Chapter 173-805-020.]
PART EIGHT - SEPA AND AGENCY DECISIONS
8.1 Purpose of this Part and Adoption by Reference. This part contains rules (and
policies) for SEPA's substantive authority, such as decisions to mitigate or reject
proposals as a result of SEPA. This part also contains procedures for appealing
SEPA determinations to agencies or the courts. The county adopts the following
sections by reference:
WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-
156, filed 6/15184. Formerly Chapter 173-805-020.]
8.2 Substantive Authority.
(1) The policies and goals set forth in this ordinance are supplementary to those
in the existing authorization of Mason County.
(2) The county may attach conditions to a permit or approval for a proposal so
long as:
(a) Such conditions are necessary to mitigate specific probable adverse
environmental impacts identified in environmental documents
prepared pursuant to this ordinance; and
(b) Such conditions are in writing; and
ENVIRONMENTAL POLICY ORD.
ADOPTED DECENMER 1, 1998 15
(c) The mitigation measures included in such conditions are reasonable
and capable of being accomplished; and
(d) The county has considered whether other local, state or federal
mitigation measures applied to the proposal are sufficient to mitigate
the identified impacts; and
(e) Such conditions are based on one or more policies in Subsection (4)
or this section and cited in the license or other decision document.
(3) The county may deny a permit or approval for a proposal on the basis of
SETA so long as:
(a) A finding is made that approving the proposal would result in
probable significant adverse environmental impacts that are identified
in a FEIS or final SEIS prepared pursuant to this ordinance; and
(b) A finding is made that there are no reasonable mitigation measures
capable of being accomplished that are sufficient to mitigate the
identified impact; and
(c) The denial is based on one or more policies identified in Subsection
(4) of this section and identified in writing in the decision document.
(4) The county designates and adopts by reference the following policies as the
basis for the county's exercise of authority pursuant to this section;
(a) The county shall use all practicable means, consistent with other
essential considerations of state policy, to improve and coordinate
plans, functions, programs, and resources to the end that the state
and its citizens may:
(i) fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
(ii) assure for all people of Washington safe, healthful, productive,
and aesthetically and culturally pleasing surroundings;
(iii) Attain the widest range of beneficial uses of the environment
without degradation, risk to health or safety, or other
undesirable and unintended consequences;
(iv) preserve important historic, cultural and natural aspects of our
national heritage;
(v) maintain, wherever possible, an environment which supports
diversity and variety of individual choice;
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998 16
(vi) achieve a balance between population and resource use
which will permit high standards of living and a wide sharing of
life's amenities; and
(vii) enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
(b) The county recognizes that each person has a fundamental and
inalienable right to a healthful environment and that each person has
a responsibility to contribute to the preservation and enhancement of
the environment.
(c) The county adopts by reference the policies in the following county
codes and plans: Uniform Building Code; Mason County Shoreline
Master Plan; The Mason County Comprehensive Plan.
(5) Except for permits and variances issued pursuant to Title Seven Mason
County Code (Mason County Shoreline Master Plan), when any proposal or
action not requiring a decision of the County Commission is conditioned or
denied on the basis of SEPA by a non-elected official, the decision shall be
appealable to the County Commission. [Statutory Authority: RCW
43.21C.130. 84-13-036 (Order DE 84-25), §173-806-160, filed 6/15/84.
Formerly Chapter 173-805 WAC.]
8.3 Appeals.
(1) Mason County establishes the following administrative appeal procedures
under RCW 43.21 C.075 and WAC 197-11-680:
(a) Any agency or person may appeal the county's procedural
compliance with Chapter 197-11 WAC for issuance of the following:
(i) A final DNS: Appeal must be made to the Board of County
Commissioners within fourteen days of the date the DNS is
final.
(ii) A DS: The. appeal must be made to the Board of County
Commissioners within fourteen days of the date the DS is
issued (14 days after issuance of the threshold determination).
(iii) An EIS: Appeal of the FEIS must be made to the Board of
County Commissioners within fourteen days of the date the
FEIS or supplemental EIS is issued.
(b) Provided, however, that the appeal periods stated in subsection (a)
above shall be extended for an additional seven days if state or local
ENVIRONMENTAL POLICY ORD.
ADOPTED DECENMER 1, 1998 17
rules adopted pursuant to chapter 43.21 c RCW allow public comment
on a determination of nonsignificance.
(c) Such appeal shall be reviewed in accordance with the requirements
stated in Mason County Code, Title 15, Section 15.11.020.
(2) The county shall give official notice under WAC 197-11-680(5) whenever it
issues a permit or approval for which a statute or ordinance establishes a
time limit for commencing judicial appeal.
[Statutory Authority: RCW 43.21 C.130. .84-13-036 (Order DE 84-25), §173-
806-170, filed 6/15/84. Formerly Chapter 173-805 WAC.]
8.4 Notice/Statute of Limitations.
(1) The county, applicant for, or proponent of an action may publish a notice of
action pursuant to RCW 43.21 C.080 for any action.
(2) The form of the notice shall be substantially in the form provided in WAC. 197-
11-990. The notice shall be published by the county auditor, applicant or
proponent pursuant to RCW 43.21 C.080. [Statutory Authority: RCW
43.21C.1301. 84-13-036 (Order DE 84-25), §173-806-173, filed 6/15/84.
Formerly Chapter 173-805-135.]
PART NINE - CATEGORICAL EXEMPTIONS
9.1 Adoption by Reference. The county adopts by reference the following rules for
categorical exemptions, as supplemented in this ordinance, including Part Four, 4.2
(Flexible Thresholds), Part Four, 4.3 (Use of Exemptions), and Part Ten, 10.2
(Critical Areas):
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
[Statutory Authority: RCW 43.21 C..130. 84-13-036 (Order DE 84-25), §173-806-
180, filed 6/15/84. Formerly WAC 173-805-020.]
PART TEN - AGENCY COMPLIANCE
ENVIRONMENTAL POLICY ORD.
ADOPTED DECENMER 1, 1998 18
10.1 Purpose of this Part and Adoption by Reference. This part contains rules for
agency compliance with SEPA, including rules for charging fees under the SEPA
process, protecting critical areas, listing agencies with environmental expertise,
selecting the lead agency, and applies these rules to current agency activities. The
county adopts the following sections by reference, as supplemented by WAG 173-
806-045-through 173-806-043 and this part:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than
one agency, when one of the agencies is a county.
197-11-934 Lead agency for private projects requiring licenses from a local
agency, not a county, and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more than
one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
[Statutory Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-
185, filed 6/15/84. Formerly WAC 173-805-020.]
10.2 Critical Areas.
(1) Frequently flooded areas, erosion hazard areas, siesmic hazard areas,
landslide hazard areas, wetlands, and aquatic management areas, as
established by Mason County Ordinance #77-93 (as amended) are
designated as critical areas for the purposes of this section.
(2) The following map(s) available at the Mason County Department of
Community Development, provide information on the location of critical areas
within the county and are adopted by reference.
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998, 19
a. "Mason County Geologic Hazards Map" and associated buffers as
established in Section 17.01.100 of the Mason County Interim
Resource Ordinance, Chapter 17.01 Mason County Code.
b. "The Flood Insurance Study, Mason County" with accompanying
Flood Insurance Rate Maps. Federal Emergency Management
Agency, 1988.
C. National Wetlands Inventory Maps. U.S. Department of the Interior,
and all Mason County maps referencing wetlands and associated
vegetation areas as established in Section 17.01.070 of the Mason
County Interim Resource Ordinance.
d. Type 11, 111, IV and V waters identified on the Water Type Reference
Maps, Washington Department of Natural Resources, for all of Mason
County, and associated vegetation areas as identified in Section
17.01.110 of the Mason County Interim Resource Ordinance.
For each critical area, the exemptions within WAC 197-11-800 that are
inapplicable for that area are: (1), (2)(a) through (h), (3), (5), (6)(a), (14)(c),
(24)(a) through (g), and (25)(d), (f), (h), (i). Unidentified exemptions shall
continue to apply within critical areas of the county.
(3) The county shall treat proposals located wholly partially-within a critical area
no differently than other proposals under the ordinance, making a threshold
determination for all such proposals. The county shall not automatically
require an EIS for a proposal merely because it is proposed for location in a
critical area.
(4) Certain exemptions do not apply on lands covered by water, and this remains
true regardless of whether or not lands covered by water are mapped.
(5) The scope of environmental review of actions within these areas shall be
limited to:
(a) Documenting whether the proposal is consistent with the
requirements of the critical areas ordinance, #77-93; and
(b) Evaluating potentially significant impacts on the critical area
resources not adequately addressed by GMA planning documents
and development regulations, if any, including - any additional
mitigation measures needed to protect the critical areas in order to
achieve consistency with SEPA and with other applicable
environmental review laws. (Statutory Authority: RCW 43.21 C.130.
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998 20
84-13-036 (Order DE 84-25), § 173-806-190, filed 6/15/84 Formerly
WAC 173-805-050.]
10.3 Fees. The county shall require the following fees for its activities in accordance
with the provisions of this ordinance:
(1) Threshold determination. For every environmental checklist the county will
review when it is the lead agency, the county shall.collect a fee of $110.00
from the proponent of the proposal prior to undertaking the threshold
determination. The time periods provided by this ordinance for making a
threshold determination shall not begin to run until payment of the fee. When
the county completes the environmental checklist at the applicant's request
or under WAC 173-806-090(3) of this ordinance, an additional $25.00 shall
be collected.
(2) Environmental impact statement.
(a) When the county is the-lead agency for a proposal requiring an EIS
and the responsible official determines that the EIS shall be prepared
by employees of the county, the county may charge and collect a
reasonable fee from any applicant to cover costs incurred by the
county in preparing the EIS. The responsible official shall advise the
applicant(s) of the projected costs for the EIS prior to actual
preparation; the applicant shall post bond or otherwise ensure
payment of such costs.
(b) The responsible official may determine that the county will contract
directly with a consultant for preparation of an EIS, or a portion of the
EIS, for activities initiated by some persons or entity other than the
county and may bill such costs and expenses directly to the applicant.
The county may require the applicant to post bond or otherwise
ensure payment of such costs. Such consultants shall be selected by
mutual agreement of the county and applicant after a call for
proposals.
(c) If a proposal is modified so that an EIS is no longer required, the
responsible official shall refund any fees collected under (a) or (b) of
this subsection which remain after incurred costs are paid.
(3) The county may collect a reasonable fee from an applicant to cover the cost
,of meeting the public notice requirements of this ordinance relating to the
applicant's proposal.
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998 21
(4) The county shall not collect a fee for performing its duties as a consulted
agency.
(5) The county may charge any person for copies of any document prepared
under this ordinance, and for mailing the document, in a manner provided by
Chapter 42.17 C . [Statutory Authority: RCW 43.21C.130. 84-13-036
(Order DE 84-25), §173-806-200, filed 6/15/84. Formerly WAC 173-805-
130.]
10.4 Effective Date.
The effective date of this ordinance is October 1, 1984. [Statutory Authority: RCW
43.21C.130. 84-13-036 (Order DE 84-25), §173-806-205, filed 6115/84. Formerly
WAC 173-805 WAC-]
10.5 Severability. If any provision of this ordinance or its application to any person or
circumstance is held invalid, the remainder of this ordinance, or the application of
the provision to other persons or circumstances, shall not be affected. [Statutory
Authority: RCW 43.21 C.130. 84-13-036 (Order DE 84-25), §173-806-220, filed
6/15/84. Formerly WAC 173-805-140.]
ENVIRONMENTAL POLICY ORD.
ADOPTED DECEMBER 1, 1998 22
MASON COUNTY ORDINANCE # 125-99
ATTACHMENT A
Mason County Board of Commissioners
Public Hearing - December 1, 1998
FINDINGS OF FACT
I Under consideration is the adoption of amendments to the Mason County Environmental
Policy Ordinance. The amendments were proposed principally to ensure consistency with the state
laws Chapter 36.70B and Chapter 43.21C, RCW, as amended by the Legislature.
2. The proposal amends the county ordinance consistent with the Washington Department of
Ecology's Model Ordinance.
3. The Mason County Planning Commission held a public hearing on October 19, 1998, and
recommended approval of the amendments.
4. The Board held a public hearing on December 1, 1998, and considered the testimony given
along with the record before it.
6. The proposal is consistent with and balances the goals of the Growth Management Act. The
proposal is consistent with and implements the Mason County Comprehensive Plan.
From the preceding findings, it is concluded the amendments proposed should be adopted and
replace interim Ordinance 117-98.
Chaii, ason County Boardof Commissioners
Date