HomeMy WebLinkAbout77-93 - Ord. Interim Resource Ordinance Amending Ord. 99-84 `
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ORDINANCE No. 77-93
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MASON COUNTY
INTERIM RESOURCE ORDINANCE
An ordinance creating a new chapter, Chapter 17.01, in the Mason County Code; amending Ordinance 99-
84, the County Environmental Policy Ordinance; and amending K8maon County Title 16. the County
Subdivision regulations.
WHEREAS;Twenty(20) meetings were held by the Growth Management Ad-Hoc Committee to develop this
ond|nance'. and
WHEREAS; Eight (8) meetings were held by the Growth Management Ad-Hoc Committee on Wetlands and
Critical Aquifer Recharge Areas to develop this ordinance; and
WHEREAS; Six(6) meetings were held by the Growth Management Ad-Hoc Committee on Geologic Hazard
Areas to develop Sections this ordinance; and
WHEREAS; Six (6) meetings were held by the Growth K8anaQamnam8 Ad-Hoc Connnnh1ea on Aquatic
Management Areas and Terrestrial Habitat Management Areas to develop this ordinance; and
WHEREAS; Eleven (11) meetings were held by the Growth Management Ad-Hoc Committee on Resource
Lands to develop this ordinance; and
WHEREAS; Three (8) public workshop meetings were held by the Board of Mason County Connnniaeiunoro
and the Ad-Hoc Committee totake public input and has n000nonmendmj adoption of this ordinance; and
WHEREAS; The Board of Mason County Commissioners held a public hearing on July 6. 1893 for the
purpose of considering recommendations to the ordinance; and
WHEREAS; The County reviewed RCW3S.7OAand the State Department of Community Development
Guidelines carefully in its deliberations; and
WHEREAS; The County reviewed the "US Army Corp of Engineers Wetlands Delineation K8enua|. 1987" in
its deliberations on appropriate wetland protection regulations and chose to make changes from said manual
because oflocal conditions and needs;
WHEREAS; The County desires to protect be resource lands and critical areas by classifying, designating
and regulating these lands under the Growth Management Act of 1990;
NOW THEREFORE, BE IT ORDAINED, that the Board of Mason County Connnninoionoxe hereby adopt the
attached document entitled "Mason County Interim Resource Ordinance."
This Ordinance is adopted and shall be in full fomce, and effective this date, October 1, 1993.
DATED this 3gl day ofA6ucDust,_19&3.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
-William 0. Hunter, Chairperson
ATTEST: K8.LFaughender. Comh1iaa|onnr
Rebecca S. Rogers, Clerk of the Board
APPROVED AS TO FORM:
Chief Prosecuting Attorney
yWiohue| C|Ut
c: Elected Officials
MASON COUNTY
SECTION TITLE PAGE
17.01 .010 AUTHORITY . . . . . 1
17.01 .020 PURPOSE . . . . . . . . ® . . . . . . . . . . . . . . . . . ® . . . . . . . ® . . . . . . . . 1
17.01 .040 ESTABLISHMENT OF DESIGNATED LAND . . . . . . . . . . . . . . . . . . . 2
17.01 .050 RELATIONSHIP TO OTHER REGULATIONS . . . . . . . . . . . . . . . . . 4
17.01 .060 LONG-TERM COMMERCIAL FOREST LANDS . . . . . . . . . . . . . . . . . .
17.01 .062 1NHOLDING LANDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
17.01 .064 AGRICULTURE & FOREST MANAGEMENT NON-DESIGNATED LANDS
12
17.01 .066 MINERAL RESOURCE LANDS 13
17.01 .068 ADDITIONAL RESOURCE LAND PROVISIONS . . . . . . . . . . . . . . . . . . 17
17.01 .070 WETLANDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
17.01 .080 CRITICAL AQUIFER RECHARGE AREAS . . . . . . . . . . . . . . . . . . . . . . 2
17.01 .090 FREQUENTLY FLOODED AREAS . . . . . . . . . . . . . . . . . . . . . . . . 2
17.01 . 100 LANDSLIDE HAZARD AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
7.01 . 102 SEISMIC HAZARD AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
17.01 . 104 EROSION HAZARD AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.01 .1 10 AQUATIC MANAGEMENT AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . 34
17.01 .1 12 TERRESTRIAL MANAGEMENT AREAS . . . . . . . . . . . . . . . . . . 37
17.01 . 120 DEVELOPMENT REVIEW PROCESS . . . . . . . . . . . . . . . . . . . . „ . . . 7
17.01 . 130 APPLICATION FOR RESOURCE DESIGNATI N . . . . . . . . . . . . . . . 46
17.01 . 140 NONCONFORMING USES . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
17.01 . 150 VARIANCES FROM STANDARDS 50
17.01 . 160 TEMPORARY USES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
17.01 . 170 EMERGENCY ACTIONS
17.01 . 180 APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
17.01 . 190 JUDICIAL REVIEW . . . . . . . . . . . . . 0 8 . 54
17.01 .200 ENFORCEMENT 55
17.01 .210 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
17.01 .220 INTERIM REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17.01 .230 EVALUATION . . . . . . . . . . . . . 0
17.01 .240 DEFINITIONS ® . . . . 61
CHANGES TO OTHER MASON COUNTY LAWS . . . . . . . . . „ . . . , , 6
County Environmental Policy Ordinance . . . . . . . . . . . . . . . . „ , . . . . 69
7ugust 2, 1993
�
1 ORDINANCE NO' ______
2
3 MASON COUNTY
4 INTERIM RESOURCE ORDINANCE
G An ordinance creating a new chapter, Chapter 17.(]/' /n the Mason County Code; a/nanoYno
7 Ordinance 99'84, the County Environmental Policy Ordinance, and amending Mason County Title Y6,
8 the County Subdivision regulations.
9
10
11 CHAPTER 17^01 MASON COUNTY CODE
12
13
14
15 17'01 .010 ^4UlFBCJRlTY
16 '
17 This Chapter shall be known as the Mason County Interim RaaournaOrdinanoe and is hereby adopted under
18 the authority of Chapters 36'32' 36.70' 38.70A' 39.34' 58.1�' 76.09' 84.33' 84.34. and 90.58 RCVV. it
19 shall become effective as provided by law.
20
21
22
23 17.01.020 PURPOSE
24
25 The purpose of the Interim Resource Ordinance is to protect Mason County's natural resource lands and critical
26 areas vvhi|o the County develops its comprehensive plan and associated regulations. The regulations
27 established in this Chapter, adopted by Ordinance Mo. _______. seek to:
28
29 Establish uniform processes to be used by Mason County for the review of land use and development proposals
30 within critical areas and resource lands.
31
32 Conserve resource lands for productive economic use by identifying and designating resource lands where the
33 principal and preferred land use is connnnoroia| resource nnonegonnent, and by protecting the same from
34 incompatible land uses.
35
38 Protect the identified critical areas in their natural functions, along with air and water quality, to sustain the
37 County'o quality of life.
38
38 Encourage creative development techniques and land use practices which will help to accomplish these goals.
40
41 This ordinance fulfills the goals of the State Growth Management Act (RCVV 36.70A et a|) and the State
42 Environment Policy Act (RCVV43.21).
August 2' 1993 l
1 17.01 .040 ESTABLISHMENT OF DESIGNATED LANDS
2
3 A. DESIGNATION AUTHORITY
5 Under authority of 36.70 and 36.70A RCW, portions of Mason County are hereby designated as
6 critical areas and/or resource lands as are necessary to protect the natural environment, protect public
7 and private property, maintain and enhance natural resource based industries, and enhance the health,
8 safety and welfare of the public.
9
10 B. SCOPE OF AUTHORITY
11
12 1. Within the designated resource lands and critical areas established by this Chapter, all buildings
13 or structures which shall be erected, reconstructed, altered, enlarged or relocated; all lots or
14 parcels which shall be created, used or developed; all grading or land clearing which shall be
15 engaged in, and all other land uses, shall be in compliance with this Chapter. All development
16 and uses which are not "Permit Required", or "Conditional Uses" must meet the terms of this
17 Chapter, and any applicable regulations listed in Section 17.01 .050. This Chapter establishes
18 standards and review processes for all proposed uses which shall be followed prior to
19 commencement of those uses.
20
21 2. Areas in Mason County in one or more critical areas or resource lands, may be subject to
22 regulations pursuant to this Chapter. When an area is designated under more than one critical
23 area or resource land, all applicable sections of this Chapter shall be met; provided any and all
24 permit processing shall occur concurrently. In case of conflict, the more protective provision
25 shall prevail.
26
27 C. BOUNDARIES OF DESIGNATED LANDS
28
11 1 . Designated resource lands and critical areas are bounded and defined, in part, as shown on the
.J following official maps of Mason County, which together with all explanatory materials
31 contained thereon, are hereby made a part of this Chapter. These maps will automatically be
32 updated as new data becomes available.
33
34 a. "Mason County Long-Term Commercial Forest and Inholdings Map"
35
36 b. "Water Type Reference Maps of Mason County", Department of Natural Resources,
37 Types II, III, and IV Waters Only.
38
39 C. "Mason County Soil Survey Map", United States Department of Agriculture; Series
40 1951, No. 9.
41
42 d. "Mason County Critical Aquifer Recharge Areas Map"
43
44 e. "The Flood Insurance Study for Mason County", U.S. Federal Emergency
45 Management Agency
46
47 f. "National Wetlands Inventory", U.S. Fish and Wildlife Service, and all Mason County
48 Maps referencing wetlands.
49
50 Each map shall state the source or sources of scientific and other methodologies used in the
51 determination of boundaries, and all maps shall be individually stored and available for review
52 at the Mason County Department of Community Development.
53
54 2. The actual presence or absence of lands which meet the designation criteria for a specific
5 critical area or resource land shall govern the treatment of a specific development proposal.
o When classification criteria contain both map references and non-map criteria to be reviewed
August 2, 1993 2
1 on-site, the non-map criteria shall take precedence. When, through project review, lands or
2 waters are discovered which are required by the text of this Chapter to be designated in
1; another classification than that shown on the map, the text designation shall take precedence
over mapping, and any development therein or thereon shall comply with this Chapter. The
5 property owner or the County may initiate a reclassification procedure pursuant to Section
6 17.01 .130 of this Chapter, wherein any official map shall also be amended to conform to the
7 redesignation.
8
9 3. Interpretation of Boundaries
10
11 The following rules shall be used to determine the precise location of any designation boundary
12 shown on any official critical area or resource land map of Mason County:
13
14 a. Boundaries shown as following or approximately following the limits of any city shall
15 be construed as following such limits.
16
17 b. Boundaries shown as following or approximately following roads or streets shall be
18 construed to follow the centerline of such roads or streets.
19
20 G. Boundaries which follow or approximately follow platted lot lines or assessor's parcel
21 boundary lines shall be construed as following such lines.
22
23 d. Boundaries shown as following or approximately following section lines, half-section
24 lines, or quarter-section lines shall be construed as following such lines.
25
26 e. Boundaries shown as following or approximately following shorelines of any lakes or
27 Puget Sound shall be construed to follow the ordinary high water lines of such bodies
28 of water, and, in the event of change in the ordinary high water line, shall be construed
as moving with the actual ordinary high water line.
31 f. Boundaries shown as following or approximately following the centerline of streams,
32 rivers, or other continuously flowing water courses shall be construed as following the
33 channel centerline of such water courses taken midway between the ordinary high
34 water marks of such channel, and, in the event of a natural change in the location of
35 such streams, rivers, or other water courses, the designation boundary shall be
36 construed as moving with the channel centerline.
37
38 g. Boundaries shown as separated from, and parallel or approximately parallel with, any
39 of the features-listed in paragraphs a through f above shall be construed to be parallel
40 with such features and at such distances therefrom as are shown on the map.
41
42 4. Interpretation of Parcel Sizes
43
44 The following rules shall be used to interpret parcel or property sizes for determinations in
45 classifications, designations, and regulations of this Chapter:
46
47 a. Parcels legally described as 1/256th of a section shall be equivalent to 2.5 acres (1 .08
48 hectares).
49
50 b. Parcels legally described as 1/128th of a section shall be equivalent to 5 acres (2.15
51 hectares).
52
53 C. Parcels legally described as 1/64th of a section shall be equivalent to 10 acres (4.03
54 hectares).
d. Parcels legally described as 1/32nd of a section shall be equivalent to 20 acres (8.06
August 2, 1993 3
1 hectares).
2
e. Parcels legally described as 1/1 6th of a section shall be equivalent to 40 acres (16.12
hectares).
5
6 f. Parcels legally described as 1/8th of a section shall be equivalent to 80 acres (32.24
7 hectares).
8
9 g. Property legally described as 1 section shall be equivalent to 640 acres (257.92
10 hectares).
11
12 5. Preferential Right To Manage Resources- "Right to Forestry", "Right to Farm", "Right to Mine"
13
14 Description of Preferential Rights
15
16 a. No resource use or any of its component activities shall be or become a nuisance,
17 private or public, by any changed conditions in or about the locality thereof after the
18 same has been in operation for more than five years, when such operation was not a
19 nuisance at the time the operation began; provided that the provisions of this
20 subsection shall not apply whenever a nuisance results from the negligent or improper
21 operation of any such operation or its component activities, and the property owner
22 follows the standards of this Chapter.
23
24 b. A resource operation shall not be found to be a public or private nuisance if the
25 operation conforms to local, state, and federal law and best management practices.
26
27 C. A farm or forest operation shall not be restricted to time of day or days of the week,
28 but shall be conducted according to best management practices pursuant to State law.
d. A farm or forest operation shall be free from excessive or arbitrary regulation.
31
32
33
34 17.01 .050 RELATIONSHIP TO OTHER REGULATIONS
35
36 A. GENERAL PROVISION
37
38 No permit granted pursuant to this Chapter shall remove an applicant's obligation to comply in all
39 respects with the applicable provisions of any other Federal, State, or local law or regulation, including,
40 but not limited to, the acquisition of any other required permit or approval.
41
42 B. STATE ENVIRONMENTAL POLICY ACT
43
44 This Chapter is a officially adopted land use policy of Mason County and shall be a basis for analyzing
45 development proposals pursuant to 43.21 c RCW. The areas described on adopted critical area maps,
46 pursuant to Section 17.01 .040.C.1, are declared sensitive areas under provisions of WAC 197-1 1-908.
47
48 C. MASON COUNTY POLICIES AND REGULATIONS
49
50 1. The following adopted County policies and regulations shall be enforced consistent with the
51 terms of this Chapter:
52
53 a. Uniform Building Code
54 b. Uniform Fire Code
C. Mason County Health Code
.,6 d. Mason County Environmental Policy Ordinance
August 2, 1993 4
1 e. Mason County Mobile Home and Recreational Vehicle Ordinance
2 f. Mason County 6-year Transportation Improvement Program
't g. Title 16, Mason County Subdivision Ordinance including Large Lot Requirements
h. Parking Standards Ordinance
5 i. Other adopted ordinances by Mason County
6
7 Where this Chapter is found inconsistent with any of the above documents, the more
8 applicable terms shall prevail. All county application forms, review procedures, or standards
9 that are inconsistent with this Chapter shall be amended within three months of adoption of
10 this Chapter; except where to do so would require approval by State authorities, or extended
11 local public review, in which case, no time limit is established.
12
13 2. Responsibilities of Mason County Departments of Building, Health and Public Works.
14
15 For all development applications under the purview of the Mason County Building Official,
16 Health Director, and/or Public Works Director, and in the course of their respective standard
17 site inspection programs, a site inspection shall be performed to determine whether the site has
18 lands, waters or shorelands that are likely to meet the designation criteria for one or more
19 County Resource Lands or Critical Areas. If a site is found likely to contain such lands, the
20 Building Official, Health Director and/or Public Works Director shall notify the Director of
21 Community Development of that interpretation and any permit under their authority shall not
22 be approved until:
23
24 a. The Director of Community Development finds that the site does not contain any lands,
25 shorelands, or waters subject to regulations under this Chapter; or
26
27 b. The Director of Community Development finds that the site does contain lands,
28 shorelands, or waters subject to regulations under this Chapter and the proposed
1 development is in compliance with all regulatory and procedural requirements of this
—J Chapter.
31
32 D. SHORELINE MASTER PROGRAM AND FLOOD DAMAGE PREVENTION REGULATIONS
33
34 All policies and regulations of this Chapter are compatible and consistent with the following adopted
35 County policies and regulations:
36
37 1 . Mason County Flood Damage Prevention Ordinance (MCFDPO)
38
39 2. Mason County Shoreline Master Program (MCSMP)
40
41 While there are no inherent conflicts between this Chapter and the MCFDPO, and the MCSMP, there
42 may be sections that overlap as in the case of Section 17.01 .100 Landslide Hazard Areas. Where such
43 Sections overlap, the more applicable policy or regulation between either of the above documents and
44 this Chapter shall prevail.
45
46 All activities and developments that are subject to approval under provisions of this Chapter that also
47 require approval of the MCFDPO, shall be processed under provisions of the MCFDPO and shall meet
48 all the standards of this Chapter. Granting of approval of the MCFDPO shall constitute compliance
49 with this Chapter.
50
51 All activities and developments that are subject to approval under provisions of this Chapter that also
52 require approval of the MCSMP, shall be processed concurrently with provisions of the MCSMP and
53 shall meet all the requirements of this Chapter.
August 2, 1993 5
1 17.01.060 LONG-TERM COMMERCIAL FOREST LANDS
2
The purpose of this Section is to maintain and enhance natural resource based industries, to encourage the
conservation of commercial forest lands, to have no net loss of forest lands, and to discourage incompatible
5 land use.
6
7 A. CLASSIFICATION
8
9 The following criteria, as they existed on January 31, 1992, shall be used in classifying Long-Term
10 Commercial Forest Lands:
11
12 1 . Property tax classification: Property is enrolled, as of January 31, 1992 in the Open Space -
13 Timber or Designated Forest or Classified Forest property tax classification program pursuant
14 to Chapter 84.33 or 84.34 RCW, or is owned by a state or local governmental body with long-
1 5 term forest management as its primary use; and
16
17 2. Minimum block size is 5000 acres (2015 hectares) which shall consists of a minimum parcel
18 size of 80 acres within said block, and which can be in multiple ownerships; and
19
20 3. In any one block, no more than 5% is used for non-resource use; and
21
22 4. The property is greater than two (2) miles (3220 meters) from a sanitary sewer line; and
23
24 5. The property is greater than 2 miles (3220 meters) from the city limits of Shelton or outside any
25 designated urban growth boundaries in Mason County, when so established by the County; and
26
27 6. 50% or more of an ownership parcel shall have a Douglas Fir Site Index of 118 (Land Grade
28 2) or better pursuant to WAC 458-40-530. In addition, those property owners who have more
than 4000 acres of property within Mason County that meet that criterion, shall also include
�J all properties with a Douglas Fir Site Index of 99 (Land Grade 3) or better pursuant to WAC
31 458-40-530; and
32
33 7. Greater than 50% of the linear frontage of the perimeter of any parcel meeting classification
34 criteria 1 - 6 above shall abut parcels that are greater than five (5) acres (2.15 hectares).
35
36 8. In addition, the property that is equal to or greater than 40 acres in size, or is a Government
37 Lot; and is contiguous with property under the same ownership that meet classification criteria
38 1 - 7 above.
39
40 9. In addition, property that is composed of one or more parcels 40 acres (16.12 hectares) or
41 greater in size that borders United States Forest Service property on more than one side,
42 irrespective of its consistency with classification criteria 1 - 8 above.
43
44 B. DESIGNATION
45
46 Lands of Mason County meeting the classification criteria for Long-Term Commercial Forest Land, and
47 so specified on the official Mason County Map, available at the Mason County Planning Department,
48 titled, "Mason County Long-Term Commercial Forest Lands and In-holding Lands, 1991" or as
49 thereafter amended, are hereby designated, under RCW 36.70A.060 and RCW 36.70A.170, as
50 conservation areas for forest resource lands of long-term commercial significance.
51
52 Exempted from this designation are the lands described in 17.01 .062 Inholding Lands, in
53 17.01 .062 A and B.
54
u6
August 2, 1993 6
1 C. LAND USES
2
Uses and activities determined by the Director to have the potential to cause an impact on the purpose
of the Long-term Commercial Forest designated area, shall be considered an Unspecified Conditional
5 Use, and is appealable to the Board of Commissioners. Unspecified uses and activities may not be
6 incompatible with long-term resource uses of surrounding properties.
7
8 1 . Mason Environmental Permit Required Uses
9
10 a. "Class IV - General Forest Practices" under the authority of the "1992 Washington
11 State Forest Practices Act Rules and Regulations", WAC 222-12-030, or as thereafter
12 amended; which involve conversion to a Permit Required Use.
13
14 b. Saw mills, shake and shingle mills, plywood mills and the production of green veneer,
15 particle board plants and other products from wood residues, chippers, pole yards, log
16 sorting and storage, buildings for debarking, drying kilns and equipment, accessory
17 uses including but not limited to scaling and weighing stations, temporary crew
18 quarters, storage and maintenance facilities, residue storage and disposal areas and
19 other uses involved in the harvesting and commercial production of forest products.
20
21 C. Forestry, environmental and natural resource facilities.
22
23 d. Public and semi-public structures including but not limited to fire stations, utility
24 substations, and energy transmission facilities equal to or greater than 235 KV.
25
26 e. All other accessory structures and uses that are customarily associated with and
27 secondary to the primary permitted uses.
28
f. Publicly developed low intensity recreational facilities including but not limited to parks,
campgrounds, and boat launches.
31
32 g. Other uses and activities determined by the Director to be potentially incompatible
33 uses, and requiring a similar level of County review as other Permit required uses.
34
35 2. Mason Conditional Environmental Permit Required Uses
36
37 a. "Class IV - General Forest Practices" under authority of the "1992 Washington State
38 Forest Practices Act Rules and Regulations", WAC 222-12-030, or as thereafter
39 amended;, which involve conversion to a Conditional Use.
40
41 b. State correction work camps to supply labor for forest management related work
42 projects and for forest fire control.
43
44 C. Aircraft landing fields.
45
46 e. Sludge application.
47
48 f. Unspecified Conditional Uses: Uses and activities not specifically Exempt, Permit
49 Required, or Conditional, but are determined by the Director to have the potential to
50 cause an impact on the intent of the Long-term Commercial Forest designated area,
51 shall be considered an Unspecified Conditional Use, and is appealable to the Board of
52 Commissioners. Unspecified Conditional Uses may not be incompatible with the long-
53 term resource use on surrounding properties.
54
August 2, 1993 7
1 D. DEVELOPMENT STANDARDS
2
q 1. Lot Size/Density
5 The minimum lot size for any new subdivision, short subdivision or large lot segregation of
6 property shall be 80 acres. Exceptions to this minimum lot size may occur for non-residential
7 Permit Required and Conditional Uses and facilities; provided that the County finds that there
8 will be no impact on surrounding resource uses and further provided that a restrictive covenant
9 be placed on said property by the property owner, to be held by the County, prohibiting future
10 residential use. Limitations on density and uses are designed to provide timber resource
11 protection and to ensure compatible uses.
12
13 E. PREFERENTIAL RIGHT TO MANAGE RESOURCES AND RESOURCE USE NOTICES
14
15 1 . For land owners who have land designated as Long-Term Commercial Forest, provisions of
16 "Right to Forestry" provided under Section 1 7.01 .040.C.5 shall fully apply.
17
18 2. Resource Use Notices
19
20 a. For properties Designated Long-Term Commercial Forest Land upon application of the
21 property owner or owners pursuant to Section 17.01.130 of this Chapter:
22
23 Within two (2) weeks of redesignation to Long-Term Commercial Forest Land, the
24 property owner(s) of said land shall submit to the County, for recording with the
25 County Auditor, a written notice of the designation. This notice shall be in a form
26 authorized by the Director and shall include:
27
28 (1) The legal description of the property subject to the designation.
(2) The sixteenth (1/16) section or sections in which lie:
31
32 (a) the designated property; and
33
34 (b) any other property within 300 feet of the boundary of the designated
35 property.
36
37 (3) The following statement:
38
39 "NOTIFICATION
40
41 This notification is to inform property owners that the property described
42 herein is adjacent to or within 300 feet of land managed for commercial
43 forestry, mining, or agriculture. Mason County has established designated
44 Long-Term Commercial Forest Land that sets as a priority the use of these
45 lands for commercial forest management, mining, and agriculture. Residents
46 of this property may be subject to inconvenience or discomfort associated with
47 the uses, including, but not limited to, occasional dust, noise, and odor from
48 commercial thinning, clear cutting, slash burning, blowdowns, surface mining,
49 and/or chemical applications. Residents of adjacent property within 300 feet
50 of said lands, should be prepared to accept such inconvenience or discomfort
51 from normal and necessary operations."
52
53 The forest owner shall execute and acknowledge the notice, and pay
54 the fee for recording the notice to the County.
.i b. For properties Designated Long-Term Commercial Forest Land pursuant to Section
August 2, 1993 8
1 17.01.060.13 of this Chapter:
2
Within two (2) months of the effective date of this Chapter, the Director shall submit
to the County Auditor for recording, a written notice of all County initiated and
5 Designated Long-Term Commercial Forest Lands. This notice shall be in a form similar
6 to "a" above.
7
8 The Director shall execute and acknowledge the notice, and no affected property
9 owner shall be charged a fee for recording the notice.
10
11 C. For all properties within 300 feet of designated Long-Term Commercial Forest Land:
12 All new plats, short subdivisions, large lot subdivisions, and building permits issued by
13 Mason County for development activities on any property designated as Long-Term
14 Commercial Forest Land, or within 300 feet thereof, shall contain a notice as specified
15 in "a.(3)" above.
16
17 d. It shall be the responsibility of any property owner who contemplates placement of any
18 structure requiring a building permit within 50 feet of any designated Long-Term
19 Commercial Forest Land property to notify the Forest Land owner of their intent to do
20 so.
21
22 Notice shall be made by written letter, sent by certified U.S. mail, with return receipt,
23 to notify the owner of the adjacent Long-Term Commercial Forest Land. Enclosed with
24 the letter shall be a copy of the proposed plot plan showing approximate placement of
25 said structure.. Notice must be mailed before any construction begins.
26
27 A copy of the Certified notice shall be attached to the building permit application by
28 the applicant and the County Building Director shall not issue the permit until at least
15 days, after the date of the mailing of the Certified notice, or upon affirmative
response from the Long-Term Commercial Forest owner.
31
32 The requirement to notify shall in no way be a requirement upon the property owner
33 to place any specific setback upon the proposed structure, but shall be a period of time
34 to allow time for the Long-Term Forest land owner to explain the possible benefits to
35 the property owner as to a larger buffer between the proposed structure and the Long-
36 Term Commercial Forest Lands.
37
August 2, 1993 9
1 17.01 .062 INHOLDING LANDS
2
The purpose of this Section is to mitigate potential incompatible land uses between the Long-Term Commercial
Forest Lands and the neighboring Inholding Lands.
5
6 A. CLASSIFICATION
7
8 The following criteria, as they exist at the time of adoption of this Chapter, shall be used in determining
9 In-holding Lands:
10
11 1 . Lands that as a block are surrounded on all sides by designated Long-Term Commercial Forest
12 Lands; or in the case of properties abutting another County on at least one side, lands that are
13 surrounded in Mason County by properties designated Long-Term Commercial Forest Lands;
14 and maximum block size is less than 640 acres (257.92 hectares) in size; and lands that do
15 not meet the classification criteria for Long-Term Commercial Forest Lands.
16
17 2. Lands which meet the criteria for long-term commercial forest lands pursuant to Section
18 1 7.01 .060.A of this Chapter and are within 400 feet of the Cloquallum/Lake Communities
19 border as of the effective date of this Chapter. Said border to be that defined on the official
20 Map of "Mason County Long-Term Commercial Forest Lands and Inholding Lands.
21
22 The intent of this classification is to mitigate potential incompatible land uses
23 between the Long-Term Commercial Forest Land and the neighboring Inholding
24 Lands.
25
26 B. DESIGNATION
27
28 Lands of Mason County meeting the classification criteria for In-holding Lands, and so specified on the
official Mason County Map, available at the Mason County Planning Department, titled, "Mason County
_1j Long-Term Commercial Forest Lands and Inholding Lands, 1991" or as thereafter amended, are hereby
31 designated, under RCW 36.70A.060 and RCW 36.70A.170, as crucial areas for the conservation of
32 forest resource lands of long-term commercial significance.
33
34 The 400 foot strip described in 17.01 .062.A.2, shall not be designated as Long-Term
35 Commercial Forest Land.
36
37 C. LAND USES
38
39 Permit Required and Conditional Uses within Inholding Lands are the same as for designated Long-Term
40 Commercial Forest Lands, with the exception that mining and related activities are Conditional Uses
41 if the County has authority to make such determination pursuant to the State Surface Mining Act, RCW
42 78.44 or as thereafter amended.
43
44 Land uses in the 400 foot strip designated in 17.01 .062.B shall be the same as Inholding Lands.
45
46 D. DEVELOPMENT STANDARDS
47
48 The following development standards for Inholding Lands shall apply to the 400 foot strip
49 designated in 17.01 .062.B.
50
51 1. Lot Size/Density
52
53 The minimum lot area for any new subdivision, short subdivision or large lot segregation of
54 property shall be five (5) acres (2.15 hectares). Exceptions to this minimum lot size may occur
for non-residential Permit Required and Conditional Uses and facilities; provided that the County
�d Approval Authority finds that there will be no impact on surrounding resource uses and further
August 2, 1993 10
1 provided that a restrictive covenant be placed on said property, to be held by the County,
2 prohibiting future residential use.
Average residential densities for any new subdivision or short subdivision of property may be
5 increased up to one (1) unit per two and one half (2.5) acres (1.08 hectares); provided all of
6 the following conditions can be met:
7
8 a. The property to be divided is at least twenty (20) acres (8.06 hectares) in size; and
9
10 b. Each residential lot created is no more than one (1) acre (0.40 hectares) in size; and
11
12 C. All identified residential building sites are located outside any one hundred-year (100-
1 3 year) floodplains, geologically hazardous areas, or other critical areas; and
14
15 d. The County Approval Authority finds that the design of said subdivision or short
16 subdivision minimizes impact on surrounding resource uses; and
17
18 e. A natural resource management and/or conservation easement; to be held by the
19 County, recognized non-profit Land Trust or similar institution; be placed on the non-
20 residential portion of the subdivision or short subdivision restricting the use of said
21 property to uses consistent with natural resource management and/or conservation,
22 and prohibiting future residential use; or
23
24 A natural resource management and/or conservation restriction is placed on the face
25 of the plat accomplishing the same purpose as an easement.
5
27 No less than 50% of the subdivided property shall be maintained in this manner.
28
2. Each parcel currently below 5 acres in size may be developed for an individual single-family
residence.
31
32 3. For lots 5 acres to 9.99 acres in size, the original owner at the time this plan is adopted may
33 divide their property into two parcels, the smallest of which is not less than 2.5 acres in size.
34
35 4. Water supply
36
37 In-holding properties shall meet all Water Supply standards as required under Section
38 17.01 .068.
39
40 5. Preferential Right to Manage Resources
41
42 For land owners who have designated In-holding Lands , provisions of "Right to Forestry" and
43 "Right to Farm" under Section 17.01 .040.C.5, and Resources Use Notices provided under
44 Section 17.01.060.D, shall fully apply.
45
August 2, 1993 11
1 17.01 .064 AGRICULTURE AND FOREST MANAGEMENT NON-DESIGNATED LANDS
2
A. PURPOSE
r
5 This Section provides for nuisance protections for certain agricultural and forest management uses.
6
7 1 . Agricultural Objective
8
9 This Section does not include any designation for agricultural lands of long-term commercial
10 significance. However the County recognizes that many valuable agricultural operations do
11 exist and should be provided protection from the impacts of incompatible land use. This
12 Section's objective is to preserve agricultural land, not through designation and regulation, but
13 through protection from nuisance suits.
14
15 2. Forest Management Objective
16
17 This Section recognizes that commercial forest management is an integral part to the rural
18 economy and lifestyle and provides nuisance protections for forest management uses in all but
19 the existing and planned urban areas.
20
21 B. CLASSIFICATION
22
23 1. The following criterion shall be used in determining those Agricultural Lands in Mason County
24 qualifying for protection under provisions of this Section:
25
26 a. The property is enrolled in the Open Space Agriculture property tax classification
27 program pursuant to Chapter 84.33 RCW.
28
2. The following criterion shall be used in determining those Forest Management Lands in Mason
,JJ County qualifying for protection under provisions of this Section:
31
32 a. The property is enrolled in the Open Space Timber or Designated Forest or Classified
33 Forest property tax classification programs, pursuant to Chapters 84.33 RCW or 84.34
34 RCW.
35
36 3. Agriculture Lands and/or Forest Lands meeting the classification criteria of 17.01.064.B.1 or
37 B.2 shall be given the protections of Subsection.C below.. However, no separate Agricultural
38 Land or other Forest Land designation shall be used due to a need for flexibility to meet
39 changing land uses, agricultural practices-, forest practices and markets.
40
41 C. PROTECTION - "Right to Farm", "Right to Forestry"
42
43 Right to Farm and Forest protections, as specified in Section 17.01 .040.C.5, are provided to all
44 properties meeting the classification criteria of this Section.
45
August 2, 1993 12
1 17.01.066 MINERAL RESOD C E LANDS
2
3 The purpose of this Section is to identify and designate commercial mineral lands, to establish guidelines for
4 their development and to discourage incompatible land use.
6 A. CLASSIFICATION
7
8 The following criteria shall be used in determining Mineral Resource Lands of long-term commercial
9 significance within Mason County:
10
11 1 . Class 1 a - Mineral deposits which could meet the immediate and future needs of the
12 regional community. These deposits shall be of significant size (greater than
13 25 acres) and readily accessible to water traffic on the Puget Sound.
14
15 Class 1 b - Mineral deposits which could meet the long-term future and immediate needs
16 of the regional community. These deposits shall be of significant size (greater
17 than 25 acres) and accessible to rail or truck haul routes.
18
19 2. Class - Mineral deposits within existing permitted surface mining operations operating
20 under authority of Chapter 78.44 RCW.
21
22 B. DESIGNATION
23
24 1 . Mineral Lands of Mason County meeting the classification criteria for Class 1 a & 1 b Mineral
25 Resource of long-term commercial significance, and so specified on the official Mason County
26 map, available at the Mason County Planning Department titled "Mason County Long-Term
27 Commercial Mineral Lands, 1992" or as thereafter amended, are hereby designated, under
28 RCW 36.70A.060 and RCW 36.70A.170, as conservation areas for mineral lands of long-term
9 commercial significance.
2. Lands of Mason County meeting the classification criteria for Class 2 are eligible for designation
32 as Mineral Lands of long-term commercial significance. Those property owners who wish to
33 "opt in' to this designation may do so pursuant to Section 17.01 .130.0 within 60 days of the
34 effective date of this Chapter. This designation shall continue for as long as a state operating
35 permit exists.
36
37 Designation of Mineral Lands of Long-Term Commercial Significance does not mean that such lands
38 are exempt from the normal environmental review process of the County or State agencies. Areas not
39 now identified as Class 1 a or Class 1 b but where a qualified geologist or'-mining engineer can now or
40 in the future, demonstrate the-probability for occurrence of a mineral deposit, may be so designated
41 upon approval of Mason County.
42
43 C. LAND USES
44
45 Prior to full utilization of a Class la or lb designated Mineral Resource Land's mineral resource
46 potential, subdivisions, short subdivisions or large lot segregation shall be prohibited. Exceptions may
47 be made through a resource redesignation or through the variance procedure.
48
49 1 . Conditional Uses
50
51 a. Mineral processing facilities including rock crushing, asphalt and concrete batch plants.
52
53 b. Public and semi-public structures including but not limited to fire stations, utility
54 substations, pump stations, and waste water treatment facilities.
55
C. "Class IV - General Forest Practices" under authority of the "1992 Washington State
Forest Practices Act Rules and Regulations", WAC 222-12-030, or as thereafter
August 2, 1993 13
1 amender, .vhich involve conversion to a Cono....,nal Use in designated Mineral
2 Resource Lands.
3
4 d. Any industrial or commercial development.
d D. DEVELOPMENT STANDARDS
7
8 All Mining operations shall conform to the following standards. Variances for these standards and non-
9 conforming uses may be appropriate when an operation is located in isolated areas or contains unusual
10 topographical conditions.
11
12 1. Setbacks/Screening
13
14 a. Within Mineral Resource Lands
15
16 (1) A fifty (50) foot (15.25 meter) setback from all property lines, other than for
17 access purposes onto public rights-of-way, shall be maintained for areas of
18 direct cut or fill connected with resource extraction operations. For mining
19 operations, setbacks may be increased when necessary to protect lateral
20 support of abutting properties or public rights of way.
21
22 (2) A twenty five (25) foot (7.63 meter) screen on all property lines, consisting of
23 site obscuring vegetation, or other methods to conceal the mine as approved
24 by Mason County shall be maintained.
25
26 (3) A fifty (50) foot (15.25 meter) setback of all direct extraction operation areas
27 shall be maintained from public utility lines.
28 2. Fencing
29
�0 Prior to the commencement of surface mining, a fence shall be constructed and maintained
enclosing the area authorized by the surface mining permit if public safety is in question.
,32 Fences shall be at least six (6) feet in height and constructed of woven wire. Gates, the same
33 height as the fence, shall be installed at all points of vehicular or pedestrian ingress and egress,
34 and shall be kept locked when not in regular use.
35
36 3. Road Access
37
38 For surface mining operations, access on any public right of way shall be surfaced in
39 accordance with County Engineering Division or State Department of Highways development
40 standards as appropriate.
41
42 4. Road Use
43
44 In order to assure maintenance and development of adequate County roadways, owners of
45 surface mining operations may be required to enter into a haul route agreement with the
46 County Engineer upon adoption and implementation of a Haul Route Agreement Program.
47
48 5. Traffic Safety
49
50 The County Engineer may require the installation of traffic control and warning signs at
51 intersections of private access roads with publicly maintained roads.
52
53 6. Noise/Bright Lights
54
55 a. No development or activity shall exceed the maximum Environmental Noise Levels
ri6 established by WAC 173-60, and Mason County Title 9, Chapter 9.36.
7
August 2, 1993 14
1 b. Bright lights are allowed outside of normal operating hou,s only for short-term mining
2 operations necessary to facilitate emergency repairs.
3
4 7. Surface Mining Operation within Critical Aquifer Recharge Areas
., The purpose of this Section is to protect Critical Aquifer Recharge Areas as required by RCW
7 36.70A.060(2).
8
9 Any surface mining operation within a Critical Aquifer Recharge Area (as designated in Section
10 17.01.080) shall meet the following standards:
11
12 a. Fuel tanks and oil drums shall be double containment construction and protected by
13 bermed areas having adequate capacity to accommodate, contain, and allow the
14 removal of chemical spills. Fuel nozzles shall not contain locking devices. Fuel storage
15 shall be above ground. Fueling of mobile equipment shall be located at least twenty
16 feet above the seasonal high ground water level or within lined and bermed areas with
17 adequate capacity to accommodate, contain„ and allow the removal of chemical spills.
18
19 b. All operations shall maintain a fuels/hazardous waste management plan maintained by
20 the operator and available on the site at all times.
21
22 C. Fencing, or some comparable deterrent, shall be installed to prevent unauthorized
23 dumping of any materials within surface mining operations.
24
25 d. Surface mines shall not use any noxious, toxic, flammable, compactable, or
26 combustible materials not specifically authorized by Mason County Department of
27 Health for backfill or reclamation. Non-contaminated process water used for gravel
28 washing shall be routed to settling ponds to minimize off-site discharges. A general
29 permit from the Department of Ecology for process and storm water discharge may
30 substitute for these requirements.
:s2 e. On-site truck and equipment wash run-off shall be routed to a retention facilities
33 equipped with an oil-water separator prior to its release to settling ponds.
34
35 f. Use of chemicals, petroleum or hazardous products, and disposal of such products, in
36 concrete or asphalt plant operations within Critical Aquifer Recharge Areas shall meet
37 all the standards set forth in WAC 90.48 and WAC 173.303.
38
39 8. Public Safety
40
41 Owners of surface mines shall ensure that their operation(s) will not be hazardous to
42 neighboring uses. Blasting activities shall be conducted so that ground vibrations and fly-rock
43 to off mine site uses are monitored and minimized.
44
45 9. Waiver Clause
46
47 Mason County may waive some or all of the restrictions outlined above following a written
48 Finding of Fact and favorable findings under SEPA.
49
50 E. PREFERENTIAL RIGHT TO MANAGE RESOURCES AND RESOURCE USE NOTICE
51
52 1 . For those land owners of Mineral Resource Lands who choose to use their property for
53 resource management, the provision of"Right to Mine" provided under Section 1 7.01 .040.C.5
54 shall fully apply.
55
Fg
August 2, 1993 15
1 2. Mining Use Notict_
2
3 a. For properties designated Mineral Resource Land upon application of the property
4 owner or owners pursuant to Section 17.01 .130.B of this Chapter
i Within two (2) weeks of redesignation to Mineral Resource Land, pursuant to Section
7 17.01 .130.13, the property owner(s) of said land shall submit to the County, for
8 recording with the County Auditor, a written notice of the designation. This notice
9 shall be in a form authorized by the Director and shall include:
10
11 (1) The legal description of the property subject to the designation.
12
13 (2) The sixteenth (1/16) section or sections in which lie:
14
15 (a) the designated property, and
16 (b) any other property within 300 feet of the boundary of the designated
17 property.
18
19 (3) The following statement:
20
21 "NOTIFICATION
22
23 This notification is to inform property owners that the property described herein is
24 adjacent to or within 300 feet of land managed for mining. Mining, operations may be
25 carried out now or in the future. Mason County has established designated Mineral
26 Resource Land that sets as a priority the use of these lands for mining. The normal
27 and usual practices associated with said operations when performed in accordance
28 with County, State and Federal law, shall not be subject to legal action as a public
29 nuisance."
R0
The mineral right owner/operator shall execute and acknowledge the notice, and pay
.j2 the fee to the County for recording the notice.
33
34 b. For properties designated Mineral Resource Land pursuant to Section 17.01 .066.B.1
35 of this Chapter
36
37 Within four (4) months of the effective date of this Chapter, the Director shall submit
38 to the County Auditor for recording, a written notice of all Designated Mineral Resource
39 Lands. This notice shall be in a form similar to " E.2.a" above.
40
41 The Director shall execute and acknowledge the notice, and no affected property
42 owner shall be charged a fee for recording the notice.
43
44 C. For all properties within 300 feet of designated Mineral Resource Lands.
45
46 All plats, short subdivisions, large lot subdivisions, development permits and building
47 permits issued by Mason County after the effective date of this Chapter for
48 development activities within 300 feet of property designated as Mineral Resource
49 Land, or within 300 feet thereof, shall contain a notice as specified in " E.2.a.(3)"
50 above.
August 2, 1993 16
1 1 T.01 .068 ADDITIONAL RESOURCE LAND PROVISIONS
2
3 The following provisions apply to non-resource uses within designated Long-Term Commercial Forest, Inholding
and Mineral Resource Lands:
5
6 A. ROADWAY STANDARDS
7
8 1 . Permanent vehicular access for non-resource uses shall meet the following standards:
9
10 a. Permanent legal access which has been granted by resource property owner(s) or
11 public rights-of-way can be accessed directly; and
12
13 b. Strict adherence to the standards of the Uniform Fire Code as determined by the
14 County Fire Marshal; and
15
16 C. Maximum roadway grade serving two or more non-resource properties shall not exceed
17 twelve percent (12%); and
18
19 d. For rights-of-way serving two or more non-resource properties, a maintenance
20 agreement is recorded with the County Auditor identifying owners responsible for
21 maintaining said rights-of-way to the above standards.
22
23 2. The County Engineer may impose additional roadway development standards if he/she
24 determines they are necessary for public health and safety.
25
26 B. WATER SUPPLY STANDARDS
27
28 1 . When residential or other structural uses are intended to be supplied with potable water from
1 off-site sources, written permission shall be obtained from the property owners supplying the
_J water prior to plat approval or building permit issuance, as applicable.
31
32 2. New residential or recreational domestic water supplies shall be certified by the County or
33 State of Washington as appropriate, and shall not be located within one hundred (100) feet
34 (30.5 meters) of adjacent property without written consent or easement of the adjacent property
35 owner.
36
37 3. Domestic water supplies shall be in compliance with State and County health codes.
August 2, 1993 17
1 17.01.070 WETLANDS
2
The purpose of this section is to avoid, or in appropriate circumstances, minimize, rectify, reduce or
compensate for impacts arising from land development and other activities affecting wetlands; to maintain and
5 enhance the biological and physical functions and values of wetlands with respect to water quality
6 maintenance; stormwater and floodwater storage and conveyance; fish and wildlife habitat; primary
7 productivity, recreation, education and historic and cultural preservation. When avoiding impacts is not
8 reasonable, mitigation shall be implemented to achieve a no net loss of wetlands in terms of acreage, function
9 and value.
10
11 A. CLASSIFICATION
12
13 The following shall be classified as wetland areas:
14
15 Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient
16 to support, and that under normal circumstances do support, a prevalence of vegetation typically
17 adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and
18 similar areas.
19
20 B. DESIGNATIONS
21
22 The following lands, shorelands and waters of Mason County are hereby designated under RCW
23 36.70A.060 and RCW 36.70A.170, as critical areas requiring immediate protection from incompatible
24 land uses:
25
26 Wetlands, and their vegetation area as specified by Section 17.01.070.E; except all wetlands under
27 the jurisdiction of the Mason County Shoreline Master Program, which shall be exempt from provisions
28 of this Section.
In making a determination regarding a wetland, the "US Army Corp of Engineers Wetlands Delineation
31 Manual, 1987" shall serve as the technical resource guide on determining if an area possesses
32 hydrophytic vegetation, hydric soils, and/or wetland hydrology.
33
34 1. The following are designated as regulated wetlands under this Chapter:
35
36 a. All areas described in Section 17.01 .070.A.;
37 b. Wetland ponds less than twenty acres;
38 C. Wetlands created as mitigation, and those modified for approved land use activities,
39 including their submerged aquatic beds.
40
41 2. The following are designated as non-regulated wetlands:
42
43 Artificial man made wetlands created from non-wetland sites, including, but not limited to,
44 irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater
45 treatment facilities, farm ponds, and landscape amenities.
46
47 3. Owners and applicants with non-regulated wetlands or engaging in projects under an activity
48 exemption, are strongly urged to cooperate voluntarily in this plan of wetland protection, using
49 the guidelines in this ordinance and in materials provided by the Department of Community
50 Development.
51
52 C. PROCEDURES
53
54 1. Responsibilities for the determination of wetland boundaries:
_J a. Formal determination of wetland boundaries is the responsibility of the County. The
August 2, 1993 18
1 responsibility to provide all necessary and accurate data to the County for its
2 determination rests with the applicant. This information will include a field delineation
by a qualified wetland professional applying the federal wetland delineation method
(1987). When, in the opinion of the Director, sufficient information exists from the
5 County's wetland inventory, or other sources, the requirement for a full or partial
6 delineation may be waived. For instance, in some cases, the applicant may only be
7 required to determine the wetland boundary, or portion thereof, of the wetland system.
8 The Director shall determine when a permit application is required and what additional
9 information may be necessary. Wetland delineations shall be performed in accordance
10 with the procedures as specified in the "US Army Corp of Engineer Wetlands
11 Delineation Manual, 1987". Evidence documenting the results of any boundary survey,
12 or other submitted data, may be required by the Director.
13
14 b. Mason County, at a fee when requested by the applicant, or the affected party, may
15 perform the delineation in lieu of direct action by the applicant. Mason County may
16 use hydrology, soils, plant species, and other data, and consult with biologists,
17 hydrologists, soil scientists, or other experts, as needed, to perform the delineation.
18 The County shall make a good faith effort to provide this service, consistent with
19 budgetary constraints and available in-house expertise, for smaller projects and
20 especially for those property owners with lesser financial capabilities. When the
21 County does not provide this service, the applicant, or the affected party, may select
22 either from a County approved list of qualified wetland professionals, or request the
23 State Department of Ecology or the US Army Corp of Engineers to perform the
24 delineation.
25
26 G. Where Mason County performs a wetland boundary determination at the request of the
27 applicant, it shall be considered a final determination unless contested.
28
d. Where the applicant has provided a determination of the wetland boundary, the
Director shall verify the accuracy of, and may render adjustments to, the boundary
31 delineation.
32
33 e. In the event the boundary delineation is contested by the applicant or affected party,
34 the US Army Corp of Engineers, or a mutually agreed upon party, shall settle the
35 dispute.
36
37 D. LAND USES
38
39 1 . Mason Environmental Permit Required Uses and Activities
40
41 A Mason Environmental Permit shall be obtained from the County, using the administrative
42 review process in this Chapter, prior to undertaking, in a regulated wetland or its vegetation
43 area, for the following activities.
44
45 a. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic
46 matter, or material of any kind;
47 b. The dumping of, discharging of, or filling with any material;
48 C. The draining or flooding of the site;
49 d. The driving of pilings;
50 e. The placing of obstructions;
51 f. The construction, reconstruction, demolition, or expansion of any structure;
52 g. The destruction or alteration of wetlands and wetland vegetation area through clearing,
53 harvesting, shading, intentional burning, or planting of vegetation that would alter the
54 character of a designated wetland or
_J
August 2, 1993 19
1 h. Activities that result in a significant change of water temperature, a significant change
2 of physical or chemical characteristics of wetlands water sources, including quantity,
14 or the introduction of pollutants.
5 2. Exempt Activities
6
7 a. In isolated wetlands under one acre:
8
9 (1) No Mason Environmental permit required
10
11 (2) No mitigation required
12
13 (3) No management area, setback or vegetation area is required.
14
15 (4) Activities described in 17.01 .070.D.1 .a. and b., are limited to a one time
16 cumulative total of 50 cubic yards.
17
18 (5) An activity exceeding the 50 cubic yard limit for 17.01.070.D.1.a. and b.; or
19 for activities described in 1 7.01 .070.D.1 .c through h., will require an activity
20 exemption.
21
22 b. In wetlands within agricultural lands as specified in Section 1 7.01 .064.B.1 .a:
23
24 (1) All agricultural activities are exempt except where such activities result in the
25 conversion of a regulated wetland to a non-agricultural use.
26
27 E. DEVELOPMENT STANDARDS
28
1. Management Areas
31 Management Areas shall have a setback and vegetation area requirement, both of which are
32 measured from the delineated wetland edge, perpendicular and landward:
33
34 Vegetation Area Building Setback* Management Area**
35
36 50 ft (15.25 m) 65 ft (19.83 m) 100 ft (30.50 m)
37
38 Example:
39 Management Area
40
41
42 Vegetation Area (50 feet
43 Buildina Setback 65 feet
44 Management Area 100 feet
45 Edge
46
47 *Setback includes Vegetation Area.
48 **Management Area includes Setback and Vegetation Area.
49
50 2. Management Area Guidelines
51
52 Owner/users/developer should pay close attention to land use activities in the Management
53 Area outside the prescribed natural vegetation area. Care should be taken not to introduce
exotic species of plant life; to maintain wildlife habitat; to use tillage patterns which will not
cause erosion and siltation; to use care in the harvesting of wild crops; provide for catchments
August 2, 1993 20
1 to reduce rapid runoff; and to use beat management practices in agricultural operations,
2 including the grazing oflivestock. Particular care must be exercised in high intensity land use
' areas.
� 3. Vegetation Area Standards
6
7 For the purposes of this Section, Vegetation Areas, are upland land areas that are adjacent to
8 ovvet|and' and surround or protect wetland functions and values from adverse impacts.
9
10 a. All vegetation area shall be measured perpendicularly from the wetland edge where
11 appropriate.
12
13 b. Except on otherwise specified, vegetation areas oheU be maintained in a natural
14 condition or replanted with vegetation of equal value to the wetland. Vegetation shall
15 be mnonoOod' activities involving root disturbance avoided, and cultivation of the soil
18 limited, to protect the character and functions of the wetland. Management activities
17 may include the maintenance of existing right-of-way; the harvesting of wild crops;the
18 pruning of foliage; tree nurnova/ for health and safety reasons; and minimal tree |innbing
19 for view purposes. Where vegetation disturbance has occurred during construction,
20 navegotation with native vegetation may berequired.
21
22 4. Standard Structure Setback
23
24 The setback shall be 85 feet <1a.00m> from the delineated edge of the wetland.
25
26 5. Special Setbacks ' Measured from the wetland edge .
27
38 u. On-site savvoOa disposal drainfio|d - 100 feet <oo.s m>
. . b. Livestock feedlot - 200 feet (70m)
31
32 F. MITIGATION FOR WETLAND IMPACTS
33
34 As condition of any permit allowing alteration of wetlands and/or wetland vegetation areas, the
35 County shall require that the applicant engage in the restoration, creation or enhancement of wetlands
38 and their vegetation areas in order to offset the impacts resulting from the applicant's actions. The
37 County may suspend or revoke a permit if it finds that the, applicant has not complied with the
38 conditions or limitations set forth in the permit or has exceeded the scope of work set for in the permit.
38 The ovonyU Ooo| of any compensatory projectahaU be no net |oaa of wetlands function and acreage.
40
41 1 . Compensatory mitigation is not required for regulated activities for which a permit has been
42 obtained that occur only in the vegetation area and have no adverse impacts to regulated
43 wetlands.
44
45 3. Wetland Restoration, Creation and Enhancement
46
47 The Applicant shall develop a plan that provides for:
48
49 a. Land acquisition, construction, maintenance and monitoring of replacement wetlands;
5O and
51
52 b. Describes the location of the proposed project site; ownership; size and complete
53 ecological assessment (flora, fauna' hydrology, function, etc.) of the wetland being
54 restored or enhanced; and
- -1
August 2. 1993 21
1 C. Recreate as nearly as possible the original wetlands in terms of acreage, function,
2 geographic location and setting.
3
3. Monitoring
5
6 A monitoring report shall be submitted annually, at a minimum, documenting milestones,
7 successes, problems,and contingency actions of the compensation project. The compensation
8 project shall be monitored for a period necessary to establish that performance standards have
9 been met, but not for a period less than five years.
10
11 G. PERMIT REVIEW
12
13 The basic concern in the permitting process is to avoid and minimize wetland impacts. Permits are
14 issued when the applicant can demonstrate that the activity is both unavoidable and necessary. The
15 applicant must state the purpose of the proposed project, and demonstrate the requirement for a
16 wetland location or access across wetlands, and the reason it cannot be located at other sites, or at
17 another location on-site.
18
19 H. ACTIVITY EXEMPTION REVIEW
20
21 Activity exemptions are issued when the applicant can demonstrate that the impacts of the wetland
22 degradation are isolated in the subject wetland; that the activity does not constitute a threat to public
23 health or safety; and that there are no adverse impacts on adjoining property under different
24 ownership.
August 2, 1993 22
1 to reduce rapid runoff; and to use best management practices in agricultural operations,
2 including the grazing of livestock. Particular care must be exercised in high intensity land use
3 areas.
5 3. Vegetation Area Standards
6
7 For the purposes of this Section, Vegetation Areas, are upland land areas that are adjacent to
8 a wetland, and surround or protect wetland functions and values from adverse impacts.
9
10 a. All vegetation area shall be measured perpendicularly from the wetland edge where
11 appropriate.
12
13 b. Except as otherwise specified, vegetation areas shall be maintained in a natural
14 condition or replanted with vegetation of equal value to the wetland. Vegetation shall
15 be managed, activities involving root disturbance avoided, and cultivation of the soil
16 limited, to protect the character and functions of the wetland. Management activities
17 may include the maintenance of existing right-of-way; the harvesting of wild crops; the
18 pruning of foliage; tree removal for health and safety reasons; and minimal tree limbing
19 for view purposes. Where vegetation disturbance has occurred during construction,
20 revegetation with native vegetation may be required.
21
22 4. Standard Structure Setback
23
24 The setback shall be 65 feet (19.83 m) from the delineated edge of the wetland.
25
26 5. Special Setbacks - Measured from the wetland edge .
27
28 a. On-site sewage disposal drainfield - 100 feet (3o.5 m)
1
_J b. Livestock feedlot - 200 feet (70 m)
31
32 F. MITIGATION FOR WETLAND IMPACTS
33
34 As a condition of any permit allowing alteration of wetlands and/or wetland vegetation areas, the
35 County shall require that the applicant engage in the restoration, creation or enhancement of wetlands
36 and their vegetation areas in order to offset the impacts resulting from the applicant's actions. .The
37 County may suspend or revoke a permit if it finds that the applicant has not complied with the
38 conditions or limitations set forth in the permit or has exceeded the scope of work set for in the permit.
39 The overall goal of any compensatory project shall be no net loss of wetlands function and acreage.
40
41 1. Compensatory mitigation is not required for regulated activities for which a permit has been
42 obtained that occur only in the vegetation area and have no adverse impacts to regulated
43 wetlands.
44
45 2. Wetland Restoration, Creation and Enhancement
46
47 The Applicant shall develop a plan that provides for:
48
49 a. Land acquisition, construction, maintenance and monitoring of replacement wetlands;
50 and
51
52 b. Describes the location of the proposed project site; ownership; size and complete
53 ecological assessment (flora, fauna, hydrology, function, etc.) of the wetland being
54 restored or enhanced; and
5
_o
August 2, 1993 21
1 17.01 .080 CRITICAL AQUIFER RECHARGE AREAS
2
In order to protect the public health and safety, prevent the degradation of ground water aquifers used for
potable water, and to provide for regulations that prevent and control risks to the degradation of ground water
5 aquifers, the following standards for Mason County are described in Section 17.01 .080. Aquifer Recharge
6 Areas are areas of special concern and are subject to the Mason County Health Codes.
7
8 A. CLASSIFICATION
9
10 All Critical Aquifer Recharge Areas in Mason County are classified as having either and Extreme, High,
11 or Moderate Recharge potential:
12
13 CLASS I - EXTREMELY CRITICAL RECHARGE AREAS
14
15 Land and fresh water areas with the highest susceptibility to contamination of the water table
16 aquifer or confined aquifers that have a high probability of yielding potable water. These are
17 areas which provide very rapid recharge with minimal protection to the aquifer.
18
19 1. These areas are identified on the Mason County Critical Aquifer Recharge Area Map.
20
21 2. Those fresh water features in the County such as rivers, streams, lakes, ponds,
22 swamps, bogs, marshes and wetlands.
23
24 CLASS II - HIGHLY CRITICAL RECHARGE AREAS
25
26 Land areas with high susceptibility to contamination of the water table aquifer or confined
27 aquifers that have a high probability of yielding potable water. These are areas which provide
28 rapid recharge with little protection to the aquifers. These aquifers are identified in the Mason
County Critical Aquifer Recharge Area Map.
-J
31 CLASS III - MODERATELY CRITICAL RECHARGE AREAS
32
33 Land areas with a moderate susceptibility to contamination of the underlying ground water
34 aquifer or confined aquifers that have a high probability of yielding potable water. These are
35 areas which provide moderate recharge with some protection to the aquifer. These areas are
36 identified on the Mason County Critical Aquifer Recharge Area Map.
37
38 B. DESIGNATION
39
40 The lands and fresh waters of Mason County meeting the Critical Aquifer Recharge Areas Classification
41 are hereby designated under RCW 36.70A.060 and RCW 36.70.170, as Critical Areas requiring
42 protection for public health.
43
44 C. LAND USE
45
46 The following uses within Critical Aquifer Recharge Areas are subject to Conditional Uses Permits.
47
48 1 . Landfills, junk yards, salvage yards, auto wrecking yards, any business that uses hazardous
49 waste in their operation, and other solid waste disposal facilities, except for inert construction
50 debris, shall demonstrate that such facilities will not significantly impact ground water
51 resources. In order to make such determination, the Director or Health Director may require
52 the filing of a Environmental Geologic Report.
53
54 2. Other uses and activities determined by the Director and the Health Director that are likely to
pose a threat to the aquifer.
v J
August 2, 1993 23
1 D. DEVELOPMENT STANDARDS
2
3 All uses and activities within Critical Aquifer Recharge Areas are subject to the following Development
Standards. Development within Critical Aquifer Recharge Areas shall be in compliance with the Mason
5 County Hazardous Waste Treatment and Storage Facilities Siting Ordinance, the State of Washington
6 Dangerous and Hazardous Waste Regulations (including RCA 70.105 and WAC 173-303), SEPA,
7 Mason County Health Codes and any other applicable County, State and Federal regulations.
8
9 1 . Notification
10
11 a. Title Notification
12
13 The owner of any site within a designated Critical Aquifer Recharge Area as identified
14 in the Mason County Critical Aquifer Recharge Areas Map, on which a development
15 proposal is submitted, shall record a notice with the Mason County Auditor. The notice
16 shall indicate in the public record the presence of an aquifer recharge area, the
17 application of this Chapter to the site, and that limitations on regulated activities may
18 exist. The notice shall be as set forth below.
19
20 "Notice: This site lies within an aquifer recharge area as defined by Chapter 17.01,
21 Mason County Code. The site was the subject of a development proposal for
22
23 application number filed on
24 (date). Restrictions on use or alteration of the site may exist due to
25 natural conditions of the site and resulting regulation. Review of such application has
26 provided information on the location of an aquifer recharge area and the restriction on
27 their use. A copy of the plan showing the aquifer recharge area is attached hereto.
28
_1 b. Plat Notification
J
31 For all proposed short subdivision and subdivision proposals within Critical Aquifer
32 Recharge Areas, the applicant shall include a note on the face of the plat. The note
33 shall be as set forth below:
34
35 "Notice: This site lies within an aquifer recharge area as defined by Chapter 17.01,
36 Mason County Code. The site was the subject of a development proposal for
37
38 application number Filed on
39 (date). Restrictions on use or alteration of the site may exist due to
40 natural conditions of the site and resulting regulation.
41
42 The note shall be recorded as part of final plat approval of any short subdivision or
43 subdivision.
44
45 2. Agricultural Activities
46
47 Agricultural activities, including commercial and hobby farms, are encouraged to incorporate
48 best management practices concerning animal keeping, animal waste disposal, fertilizer use,
49 pesticide uses, and stream corridor management and seek the technical assistance of the
50 Mason County Conservation District and Cooperative Extension Agent.
51
52 3. Residential and accessory uses may require an enhanced on-site sewage disposal system
53 subject to the Mason County Health Codes.
54
i 4. Subdivision, short subdivisions and other divisions of land in areas of special concern shall be
J evaluated for their impact on groundwater quality, subject to the Mason County Health Codes.
August 2, 1993 24
1 5. To protect aquifer recharge areas from nutrient loading in residential (gardens, lawn, etc.) or
2 recreational (parks, golf courses, landscaped open spaces, etc.) areas, care must be used when
3 applying herbicides, fertilizers and pesticides. The Federal Insecticide, Fungicide, and Rodentia
Act as adopted by RCW 17.21, RCW 15.58 and WAC 16.228 or hereafter amended must be
5 complied with.
6
7 6. Other uses and activities determined by the Director and the Health Director likely to pose a
8 threat to a Class II or III aquifer may require an environmental geologic report.
9
10 E. CRITICAL RECHARGE AREAS REPORT
11
12 1. Environmental Geologic Report
13
14 An. Environmental Geologic Report shall be required for any activity in CLASS I - EXTREMELY
15 CRITICAL AQUIFER RECHARGE AREAS.
16
17 a. The report shall identify the proposed development plans and the risk associated with
18 on-site sewage disposal systems and other on-site activities which may potentially
19 degrade the ground water aquifer or confined reservoirs.
20
21 b. The report shall be prepared by an engineering geologist, hydrologist or licensed
22 professional engineer (licensed in the State of Washington), qualified to analyze
23 geological and hydrological information and ground water systems.
24
25 C. A report shall contain:
26
27 (1) A description of the general geological and hydrological characteristics of the
28 area under permit application consideration.
1
(2) A description of the local characteristics associated with site drainage and
31 water movement.
32
33 (3) A geologic map with a cross section of the site and adjoining properties up to
34 1000 feet away at a scale of 1 inch equals 200 feet.
35
36 (4) A water well report which describes in detail the lithology of the penetrated
37 geologic units and the geologic units penetrated in wells in adjoining properties
38 up to 1000 feet away.
39
40 (5) A topographic map of the property and adjoining properties up to 1000 feet
41 away at a scale of 1 inch equals 200 feet and a 5-foot contour interval.
42
43 (6) Provide a discussion on the proposed activities and the effects of sewage
44 disposal, lawn and yard uses, agricultural and animal husbandry, storm water
45 impacts and any other impact reasonably associated with the project type.
46
47
48
49
August 2, 1993 25
1 17.01 .090 FREQUENTLY FLOODED R
2
3 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.
6 A. CLASSIFICATION
7
8 The following shall be classified Frequently Flooded Areas:
9
10 Frequently Flooded Areas are identified by the Federal Emergency Management Agency as those areas
11 within the 100 year floodplain in a report entitled "The Flood Insurance Study for Mason County" dated
12 May 17, 1988, with accompanying Flood Insurance Rate Maps and should be utilized as a guide to
13 development.
14
15 B. DESIGNATION
16
17 Lands of Mason County meeting the classification criterion for Frequently Flooded Areas are hereby
18 designated, under RCW 36.70A.060 and RCW 36.70A.170, as Frequently Flooded Areas requiring
19 immediate protection from incompatible land uses.
20
21 C. LAND USES
22
23 All uses and activities within Frequently Flooded Areas are subject to the following Development
24 Standards.
25
26 D. DEVELOPMENT STANDARDS
27
28 Development in Frequently Flooded Areas must be in compliance with existing ordinances as referenced
to in Section 17.01 .050.
31
32
33
August 2, 1993 26
1 17.01.100 LANDSLIDE HAZARD AREAS
2
The purpose of the Landslide Hazard Section is to identify areas that present potential dangers to public health
and safety, to prevent the acceleration of natural geological hazards, and to neutralize the risk to the property
5 owner or adjacent property owners from development activities.
6
7 A. CLASSIFICATION
8
9 The following shall be classified as potential Landslide Hazard Areas:
10
11 1. Areas with any indications of earth movement such as debris slides, earthflows, slumps and
12 rock falls (see figure F.100); or
13
14 2. Areas with artificial oversteepened or unengineered slopes, i.e. cuts or fills.
15
16 3. Areas with slopes containing soft or potentially liquefiable soils.
17
18 4. Areas unstable as a result of stream incision, stream bank erosion, and undercutting by wave
19 action.
20
21 5. Slopes greater than 15% (8.5 degrees) except areas composed of consolidated rock and having
22 either of the following:
23
24 a. Steep hillsides intersecting geologic contacts with a relatively permeable sediment
25 overlying a relatively impermeable sediment or bedrock; and
26
27 b. Springs or groundwater seepage; or
28
The following criteria may be used as a guide by the County to indicate areas that have a higher
,�o likelihood of meeting the classification criteria above:
31
32 1. The areas identified on the Mason County Soil Survey Map as having slopes greater than 15%.
33
34 2. The areas identified on the Coastal Zone Atlas, Volume 9, of Mason County, Washington as:
35
36 a. Unstable - "U"
37
38 b. Unstable Old Slides - "UOS"
39
40 C. Unstable Recent Slides - "URS"; or
41
42 3. The areas identified as Class 2, 3, 4, or 5 of the map of "Relative Slope Stability of the
43 Southern Hood Canal Area, Washington", Washington State Department of Natural Resources,
44 Division of Earth Resources, 1977.
45
46 B. DESIGNATION
47
48 1 . Lands of Mason County meeting the classification criteria for Landslide Hazard Areas are
49 hereby designated, under RCW 36.70A.060 and RCW 36.70A.170, as critical areas requiring
50 immediate protection from incompatible land uses.
51
52 2. Upon an application for development on either mapped or unmapped lands, the Director shall
53 determine if a hazard exists on a particular site based on:
54
a. Information supplied by the applicant in the form of a geotechnical report,
;J d
August 2, 1993 27
1 b. Actual physical observation of the site,
2
R C. Existing County Hazard Area maps, or
5 d. Other means determined to be appropriate.
6
7 If the presence of a hazard is determined, the boundaries of the hazard and associated buffers
8 shall then be delineated (top, both sides, and toe) on a geologic map of the site.
9
10 C. LAND USES
11
12 1. Exempt Uses
13
14 a. The growing and harvesting of timber, forest products and associated management
15 activities in accordance with the Washington Forest Practices Act of 1974, as
16 amended, and regulations adopted pursuant thereto; including, but not limited to, road
17 construction and maintenance; aerial operations; applications of fertilizers and
18 pesticides; helispots; and other uses specific to growing and harvesting timber forest
19 products and management activities, except those Forest Practices designated as
20 "Class IV -General Forest Practices" under the authority of the "1992 Washington
21 State Forest Practices Act Rules and Regulations", WAC 222-12-030;
22
23
24 b. Those activities and uses conducted pursuant to the Washington State Surface Mining
25 Act, RCW 78.44 and its Rules and Regulations, where State law specifically exempts
26 local authority;
27
28 C. Existing and ongoing agriculture, aquaculture,floriculture, horticulture, general farming,
dairy operating under best management practices.
31 2. Permit Required Uses
32
33 Permits are required for all new construction, grading and other uses subject to Section
34 17.01 .050, and any Class IV Conversion Permit pursuant to the State Forest Practices Act
35 which involves conversion to a Permit Required Use, and are within a Landslide Hazard Area
36 or its buffer. Permit Required Use may require a Geotechnical Report, see Section
37 17.01 .100.E.
38
39 D. DEVELOPMENT STANDARDS
40
41 Any land use on Landslide Hazard Areas or their buffers shall conform to the following standards:
42
43 1. Grading
44
45 a. No grading shall be performed in landslide or slide prone areas prior to obtaining a
46 grading permit subject to approval, by the Director, based on recommendations
47 contained in the geotechnical report with slope stability analysis and grading
48 recommendations.
49
50 b. Clearing, grading and other construction activities shall not aggravate or result in slope
51 instability or surface sloughing.
52
53 C. Undergrowth shall be retained to the extent feasible.
54
d. Clearing methods which minimize soil disturbance shall be used.
August 2, 1993 28
JPfA E �__o I
GPo 5
P
GP
G
TRANSVERSE ��'/i/ °yc�r, y'➢el' �'V
CRACKS
TRANSVERSE
e ocssRACIAL
\
CRACKS
1 Tip � :� I" FOOT SUAFpCE -
Nomenclature of parts of a landslide (from Eckel, 1958):
Debris slide: incoherent or broken masses of rock Earthflow: colluvial materials that move downslope
an ott er debris that move downslope by in a manner similar to a viscous fluid.
slid-
ing on a surface that underlies the deposit.
i 'ail�•, `S CC..:`Yjr�-T '
Slump: coherent or intact masses that move downslope Rockfall: rock that has mov=d primarily by fallin'
by rotational slip on surfaces that underlie as through the air.
well as penetrate the landslide deposit.
1 C. The applicant may request a reduction in the buffer. A determination shall be made by
2 the Director based on the results of the Geotechnical Report pursuant to Section
17.01.100.E.
5 E. GEOTECHNICAL REPORT
6
7 1 . Applicability
8
9 Every application for development within a Landslide Hazard Area or its buffer or within 660
10 feet (198 meters) of the buffer shall meet the standards of Section 17.01 .100.D and may require
11 a Geotechnical Report:
12
13 a. Areas with slopes greater than 33 percent (18.4 degrees) and are designated as a
14 potential Landslide Hazard Area will require an Geotechnical Report.
15
16 b. Areas with any visible signs of earth movement such as debris slides, earthflows,
17 slumps and rockfalls will require a Geotechnical Report.
18
19 C. Areas unstable as a result of stream incision, stream bank erosion, and undercutting
20 by wave action and are designated as a potential Landslide Hazard Area will require an
21 Geotechnical Report.
22
23 d. Slopes between 15 percent (s.s degrees) and 33 percent (18.4 degrees); and are designated
M 4 as a potential Landslide Hazard Area may require an Geotechnical Report upon analysis
5 of the following factors by the Director:
26
27 (1) Lot size and use;
28
(2) Maximum cut slope (requires a grading plan);
J
31 (3) Soil types and properties (requires a geotechnical report);
32
33 (4) Groundwater depth and volume (requires a geotechnical investigation);
34
35 (5) Depth to glacial till (hardpan) or other competent soils (requires geotechnical
36 information);
37
38 (6) Impervious surfaces and drainage schemes(requires development/grading plan);
39
40 (7) Wastewater treatment (requires on-site sewage disposal system approval from
41 Mason County Department of Health);
42
43 (8) Potential off-site impacts (requires environmental statement dependant on
44 scope of project); or
45
46 2. Waiver of Report
47
48 The Director may waive some or all of the requirements for the report upon a written finding,
49 by a person qualified to assess landslide hazards, that the proposed development would not
50 cause significant adverse impacts, or there is adequate geological information available on the
51 area proposed for development to determine the impacts of the proposed development and
52 appropriate mitigating measures.
53
54
J
August 2, 1993 30
1 3. Qualifications o, ,reparer
2
3 The Geotechnical Report shall be prepared at the discretion of the Director, by either a licensed
4 civil engineer with specialized knowledge of geological engineering or a practicing engineering
geologist with special knowledge to the geology of Mason County.
6
7 4. Content of Report
8
9 a. A Geotechnical Report shall include but not be limited to the following:
10
11 (1) A description of the soil and geologic conditions of the proposed development,
12 including a geologic map with a cross section showing site geologic conditions
13 at a scale of 1 inch equals 200 feet, and opinions and recommendations of the
14 adequacy of the site to be developed.
15
16 (2) A detailed temporary erosion control plan which identifies the specific
17 mitigating measures to be implemented during construction to protect the slope
18 from erosion, landslides and harmful construction methods.
19
20 (3) A detailed clearing and grading plan which specifically identifies vegetation to
21 be removed, a schedule for vegetation removal and replanting, and the method
22 of vegetation removal.
23
24 (4) An analysis of both on-site and off-site impacts of the proposed development.
25
26 (5) Specifications of development conditions such as, vegetative management,
27 drainage, and buffer widths.
28
29 5. Administrative Determination
a r)
Any area in which the report indicates the presence of landslide hazards shall not be subjected
32 to development unless the report demonstrates conclusively that the hazards can be overcome,
33 and that the development meets all standards in Section 17.01 .100.D. Hazards must be
34 overcome in such a manner as to prevent harm to public health, safety, and property.
August 2, 1993 31
1 17.01 .102 SEISMIC HAZARD AREAS
2
3 The purpose of the Seismic Hazard Section is to identify areas that present potential dangers to public health
and safety, and to prevent the acceleration of manmade and natural geological hazards, and to neutralize the
5 risk to the property owner or adjacent properties from development activities. Types of Seismic Hazards
6 include: Surface Faulting; Ground Shaking; Earthquakes including ground failure and landslides; Lateral
7 Spreading; Liquefication; Lurch Cracks; Rockfalls; Differential Settlement; Regional Uplift; Seiches; and/or
8 Tsunamis. These are defined under Seismic Hazard Areas in Section 17.01 .240.
9
10 A. CLASSIFICATION
11
12 The following shall be classified as Seismic Hazard Areas:
13
14 1 . Areas susceptible to ground failure including the following:
15
16 a. Mapped geologic faults until proven inactive;
17
18 b. Areas of poorly compacted artificial fill;
19
20 C. Areas with artificially steepened slopes (i.e. old gravel pits);
21
22 d. Postglacial stream, lake or beach sediments;
23
24 e. River deltas;
25
26 f. Areas designated as potential Landslide Hazard Areas;
27
28 g. bluff areas; and
,J h. Deep road fills and unsupported fills.
31
32 The following criteria may be used as a guide by the County to indicate areas that have a higher
33 likelihood of meeting the classification criteria above:
34
35 1 . Areas identified on the Coastal Zone Atlas of Washington, Volume 9, Mason County as Af,
36 Qa1, Qa2, Qvc, Qls, Qos and Op.
37
38 2. Areas identified on the Mason County Soil Survey Map as having slopes greater than 15
39 percent.
40
41 B. DESIGNATION
42
43 Lands of Mason County meeting the criteria for Seismic Hazard Areas are hereby designated, under
44 RCW 36.70A.060 and RCW 36.70A.170, as critical areas requiring immediate protection from
45 incompatible land uses.
46
47 C. LAND USES
48
49 All uses and activities within Seismic Hazard Areas are subject to the development standards of this
50 Section.
51
52 D. DEVELOPMENT STANDARDS
53
54 1. Development in Seismic Hazard Areas must be in compliance Section 17.01.050.
i
J
August 2, 1993 32
1 2. Location of Critical Facilities
2
3 Upon application for a Building Permit for critical facilities, if the Director finds that the
1. proposed development is within a Seismic Hazard Area, the County shall notify the applicant
J and indicate that the potential effects of seismic activity shall be considered and that specific
6 information in the form of a site geologic hazards assessment report shall be required.
7
8 The County shall take the potential seismic effects into consideration when reviewing the proposal
9 under SEPA and may include an alternative site analysis and recommendations.
10
11
12
13
14 17.01.104 EROSION HAZARD AREAS
15
16 The purpose of the Erosion Hazard Section is to identify areas that present potential dangers to public health
17 and safety, and to prevent the acceleration of natural geological hazards, and to neutralize the risk to the
18 property owner from development activities.
19
20 A. CLASSIFICATION
21
22 The following shall be classified as Erosion Hazard Areas:
23 Areas that have an Erosion Index of 8 or greater as determined by methodologies found in the United
24 States Department of Agriculture, Soil Conservation Service "Food Security Act Manual, Title 180,
25 Second Edition, August, 1988".
26
27 B. DESIGNATION
28
?9 The lands of Mason County meeting the criteria for Erosion Hazard Areas are hereby designated, under
RCW 36.70A.060 and RCW 36.70A.170, as critical areas requiring immediate protection from
�5 1 incompatible land uses.
32
33 C. LAND USES
34
35 All uses and activities within Erosion Hazard Areas are subject to the development standards of this
36 Section.
37
38 D. DEVELOPMENT STANDARDS
39
40 Development in Erosion Hazard Areas must be in compliance with Section 17.01 .050, and Section
41 17.01.100.D of this Chapter.
42
43
August 2, 1993 33
1 17.01 .110 AQUATIC MANAGEMENT AREAS
2
3 The waters and shorelines of Mason County are an important resource. In addition to their natural beauty, and
4 cultural value, they provide the base for a sizeable shellfish industry, aquaculture, fish and wildlife habitat.
5 Attention to water quality and the conditions necessary for healthy marine life become the responsibility of
6 those who own and use streamside properties. Since water flows downhill, and impacts on water quality are
7 cumulative, and since a consistent habitat is necessary for aquatic species, the following guidelines and
8 minimum requirements are established to protect the resources. Streamside property owners and users are
9 encouraged to seek education from Mason County and other sources in planning for development and
10 improving land uses.
11
12 A. CLASSIFICATION
13
14 The following shall be classified as aquatic Management Areas:
15
16 1 . Class I Management Areas
17
18 All areas under the jurisdiction of the Mason County Shoreline Master Program; except State
19 designated Harbor Areas pursuant to RCW 79.90.020 and Article XV of the Washington State
20 Constitution.
21
22 2. Class II Management Areas
23
24 Management Areas (see Section 17.01.1 10.D.2, Table) defined as Types ll, III, and IV waters
25 as established in WAC 222-16-030, including all naturally occurring lakes and ponds not
26 considered wetlands and not under the jurisdiction of the Mason County Shoreline Master
27 Program and all lands within:
28
?9 a. 200 feet (61.00 meters) of the ordinary high water mark of Type II waters;
31 b. 100 feet (30.50 meters) of the ordinary high water mark of Type III waters; or
32
33 C. 50 feet (15.25 meters) of the ordinary high water mark of Type IV waters;
34
35 R. DESIGNATION
36
37 The lands, shorelands and waters of Mason County meeting the criteria for Class I and Class II Aquatic
38 Management Areas are hereby designated, as critical areas pursuant to RCW 36.70A.060 and RCW
39 36.70A.170.
40
41 C. CLASS I MANAGEMENT AREA GUIDELINES
42
43 1 . These areas shall comply with all Provisions of the Mason County Shoreline Master Program
44 (SMP), as well as the provisions of this Section (17.01 .1 10.C). Granting of a permit under the
45 SMP shall also constitute granting of a Mason Environmental Permit (MEP).
46
47 2. An on-site sewage disposal system inspection, if applicable, certified by the County Health
48 Department or State of Washington, shall be required prior to any transfer of ownership.
49 3. A septic system inspection program may be established, pursuant to state and local laws, in
50 areas where the County Health Director finds it necessary to protect water quality.
51
52 D. CLASS II MANAGEMENT AREA GUIDELINES
53
54 Owners/users/developers of Class II Areas need to be aware of the following concerns: the siting of
F5 structures; drainage;soil disturbance; tillage patterns; erosion control; use of herbicides, pesticides and
3 fertilizers; creation of impermeable areas and runoff; the pasturing of animals; approved on-site
August 2, 1993 34
1 sewage disposal system installation; landscaping; maintaining the natural setting; stream shading and
2 water temperature control; and maintenance of stream-side habitat.
3
4 1 . Class II Land Use Guidelines
5
6 a. Tree removal for building site preparation or for health and safety reasons, shrub
7 removal, creation of access trails; and tree limbing should be done carefully and kept
8 to a minimum to provide maximum aquatic habitat protection. Vegetative shading,
9 including landscaping, are recognized as being essential to habitat protection.
10
11 b. To protect water quality, the use of residential and commercial herbicides, fertilizers
12 or pesticides is discouraged and if administered shall comply with the Federal
13 Insecticide, Fungicide, and Rodentia Act as adopted by RCW 17.21, RCW 15.58 and
14 WAC 16.228 or hereafter amended.
15
16 C. The commercial and non-commercial yarding of animals and use of fertilizer must be
17 done in a manner to provide aquatic habitat protection. (For information on Best
18 Management Practices, see USDA Soil Conservation Service)
19
20 2. Class II Development Standards (by Water Type, Official Water Type Reference Map -DNR)
21
22 Water Type Vegetation Area in ft. Building Setback Management Area* +
23 (meters (m)) in ft.** (meters (m)) in ft. (meters (m))
24
25 II 75 ft. (22.88 m) 90 ft. (27.46 m) 200 ft. (61.00 m)
26
27 111 50 ft. (15.25 m) 65 ft. (19.83 m) 100 ft. (30.50 m)
28
29 IV 25 ft. (7.63 m) 40 ft. (12.20 m) 50 ft. (15.25 m)
.31 * Management Area includes setback and vegetation area.
32 ** Setback includes vegetation area.
33 + See Section 17.01.110.A.2.
34 Example:
35
36 Management Area Water Type II
37
38 Vegetation Area 75 feet) -
39 Building Setback 90 feet
40 Management Area 200 feet
41 Edge
42
43 a. Water Types 11, III, and IV shall have a setback and a vegetation area requirement, both
44 of which are measured from the ordinary high water mark, perpendicular and landward
45 from the shoreline in the amount shown in the table above:
46
47 b. When necessary to protect Class II Management Areas, as determined by the Director,
48 a temporary erosion control plan which identifies the specific measures to be
49 implemented during construction and site preparation to protect the water from
50 erosion, siltation, landslides, and deleterious construction materials shall be required.
51
52 C. Developments shall meet State and County regulations for storm drainage and water
53 disposal facilities to prevent any adverse water quality impacts from such facilities.
R4
August 2, 1993 35
1 d. Site preparation shall not result in off-site erosion, siltation, or other reductions in water
2 quality.
3
e. Industrial and commercial uses which handle or store hazardous substances or wastes
i as defined in WAC 173-303 or hereafter amended, or other substances in quantities
6 identified by the County to be a potential threat to water quality, shall provide evidence
7 that the hazardous substances or wastes shall not enter and adversely impact any
8 water, groundwater or shoreline area.
9
10 f. No dredging or removal of vegetation shall occur below the ordinary high water mark
11 in Management Areas except as provided for in a State Hydraulics Permit.
12
13 g. Lot Size
14
15 For the purpose of determining lot sizes under Title 16 of the Mason County Code, the
16 Director shall review any available information and apply any or all standards of Section
17 17.01 .1 10.D, and make a decision on a case-by-case basis based on this information.
18
19 h. Variances for unusual topographical characteristics which have site-specific problems
20 may be available under Section 17.01 .150.
21
22 3. Class II Permit Required Uses
23
24 a. Mason Environmental Permit (MEP)
25
26 "Class IV - General Forest Practices" under the authority of the "1992 Washington
27 State Forest Practices Act Rules and Regulations", WAC 222-12-030, or as thereafter
28 amended; which involve conversion to a Permit Required Use.
29
b. Mason Conditional Environmental Permit (MCEP)
JI
32 (1) Industrial and Commercial uses.
33
34 (2) Housing other than single family residences.
35
36 (3) Roads and other impervious surfaces.
37
August 2, 1993 36
1 17.01 .112 TERRESTRIAL MANAGEMENT AREAS
2
3 A. CLASSIFICATION
o The following shall be classified as Terrestrial Management Areas:
6
7 Areas that are identified by the presence of any terrestrial state endangered, or state threatened
8 species. At this time, the State of Washington does not identify any state sensitive species. Mason
9 County will review this ordinance for sensitive species protection after the State has identified those
10 species.
11
12 B. DESIGNATION
13
14 The lands and shorelands of Mason County meeting the classification criteria for Terrestrial
15 Management Areas are hereby designated, under RCW 36.70A.060 and RCW 36.70A.170.
16
17 C. DEVELOPMENT STANDARDS
18
19 All development within Terrestrial Management Areas shall be consistent with State and Federal law.
20 The County shall use its authority under SEPA to help achieve such consistency.
21
22
23
24
25 17.01.120 DEVELOPMENT REVIEW PROCESS
26
27 A. ADMINISTRATION
28
There is hereby established an administrative system designed to assign responsibilities for
implementation of the Interim Resource Ordinance, and to prescribe an orderly process by which to
31 review proposals and permit applications, and to ensure that all persons affected by this Chapter are
32 treated in a fair and equitable manner.
33
34 B. ADMINISTRATOR
35
36 1 . The Director of the Mason County Department of Community Development is hereby vested
37 with:
38
39 a. Overall administrative responsibility for this Interim Resource Ordinance;
40
41 b. Authority to grant statements of exemption from the Interim Resource Ordinance; and
42
43 C. Authority to determine compliance with RCW 43.21 C, State Environmental Policy Act.
44
45 2. The duties and responsibilities of the Director shall include:
46
47 a. Establishing the procedures and preparing forms deemed essential for the
48 administration of the Chapter.
49
50 b. Advising interested citizens and applicants of the policies, regulations, and procedures
51 of the Chapter.
52
53 C. Making administrative decisions and interpretations of the principles and policies of this
54 Chapter and the Growth Management Act.
F�
d. Collecting fees.
August 2, 1993 37
1 e. Determining at all applications and necessary data completed.
2
3 f. Grant or deny permits after considering all relevant information.
4
5 g. Making field inspections, as necessary.
3
7 h. Reviewing, insofar as possible, all provided and related data deemed necessary for
8 appropriate application needs.
9
10 i. Determining if a Permit, Conditional Use or Variance is required.
11
12 j. Submitting Variance Applications and making written recommendations and findings
13 on such permits to the Planning Commission. Submitting Conditional Use Permit
14 Applications and making written findings on such permits to the Board of County
15 Commissioners for their consideration and local official action. The Director shall
16 assure that all relevant information and testimony regarding the application is made
17 available to the Board during their review.
18
19 k. Assuring that proper notice is given to the appropriate persons and the public of all
20 hearings.
21
22 I. Informing the citizens of Mason County of the purposes, goals, policies, and regulations
23 of this Chapter and any changes or amendments thereto.
24
25 M. Investigate, develop, and propose amendments to this Chapter as deemed necessary
26 to more effectively and equitably achieve its goals and policies.
27
28 C. PLANNING COMMISSION
29
30 The Mason County Planning Commission, hereinafter known as the Planning Commission, is hereby
1 vested with:
9
33 1. The authority to hear, review, and make recommendations to the Board of County
34 Commissioners on Variances, and any conditions, terms or standards attached thereto before
35 public meetings and/or hearings.
36
37 2. The responsibility for reviewing this program from time to time for a period of not less than one
38 year for the purpose of assessing the Chapter's effectiveness as a major element of the
39 County's planning and regulatory responsibilities.
40
41 3. The responsibility for proposing and/or reviewing and making recommendations to the Board
42 on amendments deemed necessary to more effectively and equitably achieve this Chapter's
43 goals and purposes.
44
45 4. To consider and make recommendations on applications referred to it by the Board.
46
47 D. MASON COUNTY BOARD OF COMMISSIONERS
48
49 The Mason County Board of Commissioners, hereinafter known as the Board, is hereby vested with
50 authority to:
51
52 1. Grant or deny Variances after considering the findings and recommendations of the Planning
53 Commission.
54
55 2. Grant or deny Conditional Use Permits after considering, on regular meeting days or at public
56 hearings, the findings and recommendations of the Director.
r7
August 2, 1993 38
1 3. Decide, on reg meeting days or at public hearings, app of the Director's actions,
2 interpretations, and/or conditions.
3
4 4. Base all decisions on critical area permits or administrative appeals on the criteria established
5 in this Chapter.
i
7 E. ENVIRONMENTAL PERMIT
8
9 1. Applicability
10
11 All developments and uses that are permit required or conditionally permitted under the terms
12 of this Chapter within designated Resource Lands and Critical Areas shall be subject to review
13 and approval by the County through the permit process described by this Section.
14
15 2. Approval Authority
16
17 a. Administrative Review
18
19 All development listed as "Permit Required" in this Chapter shall be processed through
20 Administrative Review procedures. Decisions of the Director shall be appealable to the
21 Board of County Commissioners pursuant to terms of Section 17.01 .180, Appeals.
22
23 b. Public Review
24
25 All development listed as "Conditional" in this Chapter shall be processed through
26 Administrative Review procedures; provided that Public Review procedures shall be
27 followed under the following conditions:
28
29 (1) Any person, who would qualify as an aggrieved person if an appeal was being
30 requested, requests to the Director in writing within ten (10) calendar days
1 following posting of the public notice, pursuant to Section 17.01.120.J, that
a Public Review procedure be conducted; or
33
34 (2) The Director determines, based on the nature and complexity of the project,
35 that the Public Review procedure should be conducted.
36
37 When Public Review procedures are followed, the final approval authority shall be the
38 Board of County Commissioners.
39
40 C. Shoreline Master Program Review
41
42 When a use, development or other activity that is subject to review under this Chapter
43 is also subject to review under the Mason County Shoreline Master Program, the
44 proposed use, development or activity shall be processed concurrently with provisions
45 of the Shoreline Master Program. Administrative decisions under terms of this Chapter
46 should generally, but are not required to, precede a public hearing before the Mason
47 County Shoreline Advisory Committee. Permits issued under authority of the Shoreline
48 Master Program may, but are not required to, include any or all conditions stipulated
49 in the Mason Environmental Permit.
50
51 3. Permit Name
52
53 a. A permit required under one or more of the Permit Required Use categories of this
54 Chapter shall be known as a "Mason Environmental Permit" (MEP).
55
56 b. A permit required under one or more of the Conditional Use categories of this Chapter
�7 shall be known as a "Mason Conditional Environmental Permit" (MCEP).
August 2, 1993 39
1 C. If a use is , J as a "Permit Required Use" for one ( ore critical areas or resource
2 lands, and a --onditional Use" for one or more of the :.ri:ical areas or resource lands,
3 it shall be considered a Conditional Use and require an Mason Conditional
4 Environmental Permit (MCEP) for County approval. If a site is subject to permitting
5 authority under more than one designated critical area or resource land, all such
3 permits shall be processed concurrently.
7
8 4. Pre-Application Consultations
9
10 Any person intending to apply for a permit under terms of this Chapter is strongly encouraged,
11 but not required, to meet with the County at the earliest possible stage of project planning in
12 order to discuss potential impacts of this Chapter on the development proposal. Applicant will
13 be encouraged to fill out a checklist to determine the need for particular permits in critical
14 areas. Efforts put into pre-application consultations and planning will help applicants create
15 projects which will be more quickly and easily processed. The County shall not charge a fee
16 for pre-application consultations.
17
18 5. Permit Application Form
19
20 The Director shall establish, upon consultation with the County Engineer, Health Official, Fire
21 Marshal, and Building Official, a single Mason Environmental Permit (MEP) and Mason
22 Conditional Environmental Permit (MCEP) form, to be used for all development proposals
23 subject to review under authority of this Chapter. Such form shall include requests for
24 applicants to provide such information as to facilitate compliance with the terms of this
25 Chapter.
26
27 In addition, all application forms for Building Permits, Sanitary Waste Permits, Shoreline
28 Permits, Flood Plain Permits, and Subdivision Approvals including Boundary Line Adjustments,
29 Short Subdivisions and Large Lot Segregations shall include adequate references to identify
30 those properties subject to Resource Land and Critical Area regulations that enables the County
1 to determine whether a Mason Environmental Permit(MEP)or Mason Conditional Environmental
2 Permit (MCEP) is also necessary.
33
34 6. Administrative Determination of Applicability
35
36 Any person seeking to determine whether a proposed activity or an area is subject to this
37 chapter may request in writing, and without fee, a formal "Determination of Applicability" from
38 the Director. Such a request for determination shall contain plans, data, and other information
39 as may be specified by the Director.
40
41 7. Permit Fees
42
43 Fees for a Mason Environmental Permit (MEP) and Mason Conditional Environmental Permit
44 (MCEP) shall be set by Resolution of the Board.
45
46 F. SEPA COMPLIANCE
47
48 An application for a shall not be considered complete until it has complied with all procedural
49 requirements of Chapter 43.21 c RCW, the State Environmental Policy Act (SEPA), administrative
50 regulations adopted to implement SEPA and the Mason County Environmental Policy Ordinance, 99-84,
51 or as hereafter amended.
52
53 G. OLYMPIC AIR POLLUTION CONTROL AUTHORITY COMPLIANCE
54
55 All Mason Environmental Permit (MEP) and Mason Conditional Environmental Permit (MCEP)
56 applications shall be forwarded for review to the Olympic Air Pollution Control Authority (OAPCA)
—7 unless the Director makes written findings that the proposed development is unlikely to result in any
August 2, 1993 4.0
1 direct or indirect impacts o. quality. Development shall be consi.( r with all applicable OAPCA
2 standards.
3
4 H. SPECIAL STUDIES AND PLANS
5
1. Developments lying within one or more designated critical areas may be required by the
7 Director to submit a Special Study or Plan that assures the proposed development does not
8 degrade the functions and values of those critical areas. Those studies include:
9
10 a. Wetland Mitigation Plan under Section 17.01 .070
11
12 b. Aquifer Recharge Area Report under Section 17.01 .080
13
14 C. Geological Report under Section 17.01 .100
15
16 2. Requirements for Special Plans can be found in each critical area section.
17
18 3. An application for a Mason Environmental Permit (MEP) or Mason Conditional Environmental
19 Permit (MCEP) shall not be considered complete until it includes all special studies or. plans
20 required by this Chapter.
21
22 I. ACTIVITY EXEMPTION APPLICATION
23
24 The purpose of this application is to gather information on the basis of which the Director can approve
25 or deny an activity exemption.
26
27 Application Requirements
28
29 1 . A vicinity map (scale of 1:4,800 (1"=400 feet)) showing the wetland and surrounding
30 properties under other ownerships including other wetlands; and
^1
2. Site Plan (scale 1"=20 feet up to 1'=100 feet) showing
33
34 a. Description of projected activity including all water courses, drainage ways, waste
35 water facilities, before and after the projected activity; and
36 b. Wetland size and boundary; and
37 C. Relationship to surrounding wetlands; and
38 d. Existing and proposed structures.
39
40 J. ACCEPTANCE OF APPLICATIONS
41
42 1 . The original and nine (9) copies of a complete Mason Environmental Permit (MEP) or Mason
43 Conditional Environmental Permit (MCEP) application shall be submitted to the Department of
44 Community Development. Copies of the accepted application shall be forwarded to the
45 appropriate agencies for review.
46
47 2. Upon acceptance of an application, notice of application shall be posted by the applicant on
48 the property or principal entry point to the property from the nearest public right-of-way upon
49 which the proposed development is located using a stencil form provided by the County, on
50 a waterproof sign. Said sign shall be maintained by the applicant until action is taken on the
51 application, when it shall be promptly removed by the applicant. Said sign shall be located so
52 that it is visible from the abutting road. When more than one road abuts the property, then
53 the sign shall be visible from the road having the greatest traffic volume. Signs shall be at
54 least 3 feet by 4 feet(o.91 meters by 1.22 meters) in size for public actions and 1-1/2 feet by 2
55 feet(o.46 meters by 0.61 meters) in size for administrative actions.
56
r-,
August 2, 1993 41
1 K. REVIEW BY AGENCIES
2
3 For all applications, within 21 calendar days of acceptance of a complete application:
4
F 1 . The Department of Community Development shall notify the Director that the proposal does
or does not conform to the goals and policies of RCW 36.70A, the standards of this Chapter,
7 and report on such other matters as may properly be their responsibility.
8
9 2. The Public Works Director shall notify the Director of Community Development that the
10 proposed roads, utilities, drainage facilities and other improvements can or cannot conform to
11 County development standards and state law under the Public Works Director's authority.
12
13 3. The Public Works Director shall also, in such manner deemed appropriate, establish the
14 adequacy of legal descriptions of the subject property.
15
16 4. The Health Director shall notify the Director of Community Development that the proposed
17 method of waste disposal and proposed system of water supply can or cannot conform to
18 adopted development standards, including the County Health Code and state law under the
19 Health Director's authority.
20
21 5. The County Fire Marshal shall notify the Director of Community Development that the
22 development can or cannot conform to adopted fire safety standards, including the Uniform
23 Fire Code and state law under the Fire Marshal's authority.
24
25 6. The County Building Official shall notify the Director of Community Development that the
26 development can or cannot conform to adopted building safety standards, including the
27 Uniform Building Code and state law under the Building Official's authority.
28
29 In addition to the above agencies, the Director of Community Development shall provide, on a timely
30 basis, a copy of the development proposal to all agencies of jurisdiction and affected tribes, as required
by Chapter 43.21 c RCW, the State Environmental Policy Act (SEPA); and incorporate any comments
received into the County decision making process.
33
34 L. ADMINISTRATIVE REVIEW
35
36 1. Within thirty (30) calendar days following the date of acceptance of a complete application
37 subject to administrative review or such additional period as the applicant may authorize, the
38 Director of Community Development shall act on said application as follows:
39
40 a. Approval; or
41
42 b. Disapproval; or
43
44 C. Grant preliminary approval subject to conditions and completion of specified
45 improvements; or
46
47 d. Return the application to the applicant, specifying reasons for return.
48
49 Said decision of the Director of Community Development shall be based upon reports of
50 reviewing agencies, comments received during the review period, the requirements of this
51 Chapter and all other relevant facts and information needed to determine that the public
52 interest shall be served by the application. Where appropriate, a decision shall also state the
53 specific precedent, reasons, conditions and analysis upon which the decision is based..
54
55
56
r-
August 2, 1993 42
1 2, Director's Findings
2
3 a. The Director shall make findings based upon the review and recommendations of
4 County departments, other agencies, affected tribes, and any public comments
5 received. Such findings and conclusions shall also set forth the manner by which the
decision would carry out and conform to the goals of RCW 36.70A, other adopted
7 County policies, objectives and regulations and this Chapter.
8
9 b. A decision on the application may be to grant, deny, or grant with such conditions,
10 modifications and restrictions as the Director finds necessary to ensure that the
1 1 proposed development is compatible with the natural environment, and is in compliance
12 with the goals of RCW 36.70A, the Shoreline Master Program, State Environmental
13 Policy Act, the standards of this Chapter, and other County codes and ordinances
14 found applicable. Examples of the kinds of conditions, modifications and restrictions
15 which may be imposed include, but are not limited to, additional setbacks, screenings
16 in the form of fencing or landscaping, storm drainage facilities, restrictive covenants,
17 easements, dedications of additional rights-of-way, performance bonds and measures
18 to mitigate identified adverse environmental and socio-economic impacts associated
19 with the proposed action.
20
21 M. PUBLIC REVIEW
22
23 If a determination is made that a Public Review is necessary, pursuant to Section 17.01 .120.E.2.b of
24 this Chapter, then the following procedures shall be followed.
25
26 1 . Within seven (7) working days following the last action required to comply with the
27 requirements of SEPA, the Department of Community Development shall schedule a date for
28 a public hearing before the Planning Commission on those applications, requiring public review
29 as follows:
30
a. The date of hearing shall be no more than sixty (60) calendar days after the date a
complete application, including a special studies and plans required, was accepted for
33 projects exempt from SEPA or, for non-exempt projects, the last action required to
34 comply with SEPA.
35
36 b. A notice of hearing providing the location and a general description of the proposed
37 project shall be published at least ten (10) calendar days prior to the hearing date in a
38 newspaper of general circulation in the County.
39
40 C. Written notice of the hearing date shall be mailed to all owners of assessor's parcels
41 within three hundred (300) feet (91.44 meters) of the boundaries of the property upon
42 which the proposed development is located or within three hundred (300) feet (91.44
43 meters) of the contiguous property, if any, owned by the applicant, whichever distance
44 is greater. It shall be the responsibility of the applicant to provide the County with said
45 list of names and pay the cost of the newspaper notice.
46
47 d. Written notice of application shall also be provided to any organization or individual
48 who has requested, in writing, to receive notice of all land use applications
49 encompassed by this Chapter. Provided that, the County may charge a reasonable fee
50 for such notice, as approved by resolution of the Board.
51
52 These notice provisions are intended as minimum requirements. The Director of Community
53 Development shall ensure that all reasonable means are used to provide notice of application
54 and hearing.
55
56
August 2, 1993 43
1 2. REPORT OF PLj ING DEPARTMENT
2
3 The Department of Community Development shall coordinate and assemble the reviews of
4 other county departments having an interest in the subject application and shall prepare a
5 report summarizing the factors involved and the department's findings and recommendations.
At least seven (7) calendar days prior to the scheduled hearing the report shall be mailed to the
7 Planning Commission and copies thereof shall be mailed to the applicant, other interested
8 parties and made available for public inspection.
9
10 3. PUBLIC HEARING
11
12 Prior to making a recommendation on any application, the Planning Commission shall hold at
13 least one public hearing thereon. It may continue said public hearing to another date certain,
14 if:
15
16 a. The complexity of the issue and/or intense public interest warrants further public
17 testimony, and
18
19 b. The first public hearing is not officially closed, and the date for the continued public
20 hearing is established during the same session as the first public hearing.
21
22 The Planning Commission should make every effort to expeditiously arrive at its recommendation.
23
24 4. PLANNING COMMISSION RECOMMENDATION
25
26 Within thirty (30) calendar days of the conclusion of a final public hearing, unless a longer
27 period is agreed to in writing by the applicant, the Planning Commission shall render a written
28 recommendation which shall include at least the following:
29
30 a. Written findings based upon the record and conclusions therefrom which support the
" 1 recommendations. Such findings and conclusions shall also set forth the manner by
- which the recommendation would carry out and conform to the goals and policies of
33 RCW 36.70A, and existing County adopted policies, regulations, and this Chapter.
34
35 b. A recommendation on the application which may be to grant, deny, or grant with such
36 conditions, modifications and restrictions as the Commission finds necessary to ensure
37 that the proposed development is compatible with #surrounding land use patterns, and
38 is in compliance with the goals of RCW 36.70A, State Environmental Policy Act and
39 other County codes and ordinances found applicable. Examples of the kinds of
40 conditions, modifications and restrictions which may be imposed include, but are not
41 limited to, additional setbacks, screenings in the form of fencing or landscaping, storm
42 drainage facilities, restrictive covenants, easements, dedications of additional right-of-
43 way, performance bonds and measures to mitigate identified adverse environmental
44 and socio-economic impacts associated with the proposed action.
45
46 N. BOARD ACTION - ADOPT, REJECT, REMAND
47
48 A Planning Commission recommendation shall be scheduled for Board consideration in open public
49 meeting no sooner than ten (10) nor longer than thirty (30) calendar days from the date the
50 recommendation was rendered. The Board shall consider the matter based upon the written record,
51 exhibits, Department of Community Development reports, and the Planning Commission's
52 recommendation and may adopt, reject or remand the recommendation for further consideration.
53
54 0. BOARD ACTION - MODIFY
55
56 If, at the public meeting, the Board finds it may be necessary to consider modifications to the
� 7 recommendation, it shall schedule and conduct its own public hearing at which time it may receive
August 2, 1993 44
1 additional evidence and te. ony. Notice of said hearing shall be ;n pursuant to the Planning
2 Commission public notice provisions of this Chapter.
3
4 P. REASONABLE USE EXCEPTION
5
1. If the application of this Chapter would deny all reasonable use of a site, development may be
7 allowed which is consistent with the general purposes of this Chapter and the public interest.
8
9 2. Nothing in this Chapter is intended to preclude all reasonable use of property. An applicant for
10 a development proposal may file a request for a reasonable use exception which shall be
11 considered by the Board of County Commissioners at a public hearing.
12
13 a. A description of the areas of the site which are critical areas and/or resource lands or
14 within setbacks required under this Chapter;
15
16 b. A description of the amount of the site which is within setbacks required by other
17 County standards;
18
19 C. A description of the proposed development, including a site plan;
20
21 d. An analysis of the impact that the amount of development would have on the resource
22 lands or critical areas;
23
24 e. An analysis of whether any other reasonable use with less impact on the resource
25 lands or critical areas is possible;
26
27 f. A design of the proposal so that the amount of development proposed as reasonable
28 use will have the least impact practicable on the resource lands and/or critical areas;
29
30 g. Other information as the Department determines is reasonably necessary to evaluate
-1 the issue of reasonable use as it relates to the proposed development.
33 Q. The Board of Commissioners may approve the reasonable use exception, if the Board determines the
34 following criteria are met:
35
36 1. There is no other reasonable use or feasible alternative to the proposed development with less
37 impact on the resource lands or critical areas; and
38
39 2. The proposed development does not pose a threat to the public health, safety or welfare on
40 or off the site; and
41
42 3. Any alteration of the resource lands and/or critical areas shall be the minimum necessary to
43 allow for reasonable use of the property; and
44
45 4. The inability of the applicant to derive reasonable use of the property is not the result of
46 actions by the applicant in subdividing the property or adjusting a boundary line thereby
47 creating the undevelopable condition after the effective date of the Chapter; and
48
49 5. The proposal mitigates the impact on the resource lands and/or critical areas to the maximum
50 extent possible, while still allowing reasonable use of the site.
51
52 R. Except when application from this Chapter would deny all reasonable use of a site, an applicant who
53 seeks an exception from the regulations of the Chapter shall pursue a variance as provided in Section
54 .150.
August 2, 1993 45
1 17.01 .130 APPLICATIO, 'DR RESOURCE REDESIGNATIO►
2
3 A. PURPOSE
4
�+ This Section sets out the standards and processes for changing the designation of resource lands to
non-resource lands, and non-resource lands to resource lands, after the effective date of this Chapter.
7
8 B. APPLICATION PROCESS AND COUNTY REVIEW CRITERIA FOR REDESIGNATION GREATER THAN 60
9 CALENDAR DAYS FROM THE EFFECTIVE DATE OF THIS CHAPTER
10
11 The Redesignation process,for applications pursuant to this Subsection, shall be the same as the public
12 review process set forth in 17.01.120, unless otherwise stated. Applications pursuant to this Section
13 may only be initiated by owners of lands proposed to be redesignated, or the County. The County shall
14 approve Redesignation applications if they meet the following criteria as appropriate:
15
16 1. Redesignation from Long-Term Commercial Forest Land to Inholding Land shall be permitted
17 upon a finding that:
18
19 a. The property meets the classification criteria for Inholding Land; and
20
21 b. Within three (3) years of the effective date of redesignation, the property shall be
22 removed from the open space or forest land tax classifications pursuant to Chapters
23 84.33 or 84.34 RCW, and any taxes, interest and penalties shall be paid in full upon
24 removal; and
25
26 C. The applicant has demonstrated that reasonable use of the property as Designated
27 Long-Term Commercial Forest Land is not possible and the inability to make reasonable
28 use of the property is not due to action or inaction of the applicant.
29
30 In reviewing the applicant's proposal the County shall consider the following factors:
(1) The availability of public service and facilities conducive to the conversion of
33 forest land; and
34 (2) The proximity of designated land to urban and suburban areas and rural
35 settlements; and
36 (3) The compatibility and intensity of adjacent and nearby land use and settlement
37 patterns; and
38 (4) Local economic conditions which affect the ability to manage forest lands for
39 long-term commercial production, including the proximity to markets and land
40 values under alternative uses; and
41 (5) Quality of growing conditions on sites, including the Private Forest Land Grade
42 of a site or portion of a site and the topographic and other constraints limiting
43 the ability to economically manage a site or portion of a site within the block
44 of which it is a part; and
45 (6) The history of land development permits issued nearby; and
46
47 d. The amount of property removed from Long-Term Commercial Forest Land is the
48 minimal amount necessary that meets the conditions of "c" above; and
49
50 e. Removal of subject property shall not impair the ability to manage the remainder of the
51 block for long-term commercial forestry; and
52
53 f. Subdivision or other project approval is granted within three (3) years of approval of
54 redesignation for a use which shall be compatible with surrounding conforming uses.
55 If such project approval is not granted within three (3) years, the property reverts back
56 to designated Long-Term Commercial Forest Land.
August 2, 1993 46
1 2. Redesignation from Long-, n Commercial Forest Land to Non-F urce Land shall be
2 permitted upon finding that:
3
4 a. All redesignation criteria for Long-Term Commercial Forest Land to Inholding Land are met,
5 except 17.01.130.B.1 .a: or
I b. A trade of properties can be established wherein the owner of designated forest lands edging
8 the outer boundary of this designation can exchange a parcel(s) of forest land for abutting non-
9 resource land. The abutting non-resource land must be equal to or greater in size than the
10 parcel removed from designated forest land, connected to the forest block, and committed to
11 the Long-Term Commercial Forest Land designation. A no net loss of designated forest land
12 must be achieved. Redesignation criteria 17.01 .130.B.1 .b.,e.,f. must also be met.
13
14 3. Redesignation from Inholding Land to Long-Term Commercial Forest Land shall be permitted upon a
15 finding that:
16
17 a. The property abuts designated Long-Term Commercial Forest Land; and
18
19 b. Prior to the effective date of redesignation, the property shall be registered in the open space
20 or forest land tax classifications pursuant to Chapters 84.33 or 84.34 RCW.
21
22 4. Redesignation from Long-Term Commercial Forest Land or Inholding Land or Non-Resource Land to
23 Mineral Resource Land shall be permitted upon a finding that:
24
25 The Property meets the classification criteria and designation process for Mineral Resource
26 Lands, pursuant to Section 1 7.01 .066.A.2 and B.2.
27
28 5. Redesignation from Non-Resource Land to Long-Term Commercial Forest Land shall be permitted upon
29 a finding that:
30
n 1 a. Prior to the effective date of redesignation, the property shall be registered in the open space
or forest land tax classifications pursuant to Chapters 84.33 or 84.34 RCW; and
33
34 b. The property is at least 640 acres (257.92 hectares) in size; or
35
36 C. The property is at least 40 acres (16.12 hectares) in size and abutting Designated Long-Term
37 Commercial Forest Land on one side or at least 5 acres (2.15 hectares) in size and abutting
38 Designated Long-Term Commercial Forest Land on at least two sides; and.
39
40 6. Redesignation from Mineral Resource Land to Long-Term Commercial Forest Land shall be permitted
41 upon a finding that:
42
43 The property meets the redesignation criteria of Non-Resource Land to Long-Term Commercial
44 Forest Land, Section 17.01.130.13.5.
45
46 7. Redesignation from Mineral Resource Land to Inholding Land shall be permitted upon a finding that:
47
48 a. The property meets the classification criteria for Inholding Land, 1 7.01 .062.A; and
49
50 b. The mineral resource potential of the site as been depleted by extraction to the extent that the
51 site is no longer capable of economically viable production and all terms of a reclamation plan
52 as specified by State law have been completed; or
53
54 C. The applicant has demonstrated reasonable use of the property as Designated Mineral Resource
55 Land is not possible and the inability to make reasonable use of the property is not due to
56 action or inaction of the applicant.
August 2, 1993 47
1 8. Redesignation from Mii i Resource Land to Non-Resource Lan gall be permitted upon a finding
2 that:
3
4 a. The property meets redesignation criteria "b" and "c" of 17.01.130.13.7 above; and
5
b. The property does not meet redesignation criterion "a" of 17.01.130.13.7 above.
7
8 C. APPLICATION PROCESS AND COUNTY REVIEW CRITERIA FOR REDESIGNATION WITHIN 60
9 CALENDAR DAYS OF THE EFFECTIVE DATE OF THIS CHAPTER
10
11 An "Opt in" and "Opt out" provision is provided for Redesignations pursuant to this Subsection. Under
12 this provision property owners are required to provide a written notification to the Director if they wish
13 their property to be either included in a designated resource land or excluded.
14
15 Provided that all criteria required under the applicable Subsection of 17.01.130.0 are met and the
16 request is received by the County within 60 calendar days of the effective date of this Chapter, the
17 Director shall make a written finding of compliance with said criteria and then said lands shall be
18 automatically, and without fee, redesignated to either:
19
20 For "Opt out" requests: that designation for which it meets all classification criteria; or
21
22 For "Opt in" requests: that designation for which the property owner has requested.
23
24 The County shall approve Redesignation applications if they meet the following criteria as appropriate:
25
26 1 . Redesignation from Inholding Land to Long-Term Commercial Forest Land shall be permitted
27 upon a finding that:
28
29 a. The property abuts designated Long-Term Commercial Forest Land; and
30
' b. Prior to the effective date of redesignation, the property shall be registered in the open
space or forest land tax classifications pursuant to Chapters 84.33 or 84.34 RCW.
33
34 2. Redesignation from Non-Resource Land to Long-Term Commercial Forest Land shall be
35 permitted upon a finding that:
36
37 a. Prior to the effective date of redesignation, the property shall be registered in the open
38 space or forest land tax classifications pursuant to Chapters 84.33 or 84.34 RCW; and
39
40 b. The property is at least 640 acres (257.92 hectares) in size; or
41
42 C. The property-is at least 40 acres (16.12 hectares) in size and abutting Designated
43 Long-Term Commercial Forest Land on one side or at least 5 acres (2.15 hectares) in
44 size and abutting Designated Long-Term Commercial Forest Land on at least two sides.
45
46 3. Redesignation from Long-Term Commercial Forest Land or Inholding Land or Non-Resource
47 Land to Mineral Resource Land shall be permitted upon a finding that:
48
49 The property meets the classification criteria for Mineral Resource Lands pursuant to
50 Sections 17.01.066.A.1 .
51
52 D. TIME LIMIT
53
54 After County action on a redesignation application, no new redesignation application for the same
55 property may be considered for one (1) year from the date of action.
56
_7
August 2, 1993 4.8
1 17.01.140 NONCONFORMII,b� USES
2
3 A. PURPOSE
4
This section establishes the terms and conditions for continuing nonconforming uses, structures and
lots which were lawfully established prior to the effective date of this Chapter.
7
8 R. STANDARDS
9
10 1 . A legally established nonconforming lot, use or structure shall be deemed a legal
11 nonconforming lot, use or structure and may be continued, transferred or conveyed and/or
12 used as if conforming.
13
14 2. A reduction in the setback and/or buffer requirements may be considered for a nonconforming
15 lot. A reduction of setback shall be approved only if:
16
17 a. The reduction of setback and/or buffer is necessary in order to achieve reasonable use
18 of the land, and that it is the minimum reduction of setback and/or buffer which
19 accomplishes this purpose; and
20
21 b. The proposed reduction of setback and/or buffer is compatible with the character of
22 surrounding permitted uses, and shall not adversely affect efficient and safe traffic
23 circulation; and
24
25 The burden of establishing the above-listed criteria for setback and/or buffer reductions is upon
26 the applicant.
27
28 3. The burden of establishing that any nonconforming lot, use or structure lawfully existed as of
29 the effective date of this Chapter shall, in all cases, rest with the owner and not with the
30 County.
__ C. USE OF NONCONFORMING LOT
33
34 Any permitted use authorized by this Chapter in one or more designated areas shall be permitted on
35 a legal nonconforming lot provided that it complies with all sections of this Chapter other than tract
36 or parcel size or conditions imposed pursuant to Subsection "D" and other pertinent chapters.of the
37 Mason County Code and state law.
38
39 1 . Adjustment of boundary lines to make legally established nonconforming lots more nearly
40 conforming is encouraged and may be made pursuant to Title 16 of the Mason County Code.
41
42 2. A conforming use or structure located on a legally established nonconforming lot may be
43 expanded, enlarged or extended as if it were on a conforming lot.
44
45 D. MAINTENANCE AND REPAIR OF NONCONFORMING STRUCTURE
46
47 Normal maintenance and incidental repair of legal nonconforming structures shall be permitted,
48 provided that it complies with all sections of this Chapter and other pertinent chapters of the Mason
49 County Code.
50
51 E. RECONSTRUCTION
52
53 Reconstruction, restoration or repair of a legal nonconforming structure damaged by fire, flood,
54 earthquake or other disaster shall be permitted; Provided that such reconstruction shall not result in
55 an expansion of the non-conforming structure.
56
August 2, 1993 49
1 F. EXPANSION OF NONCC JRMING USE OR STRUCTURE
2
3 No legal nonconforming use or structure may be expanded, enlarged, or extended in any way (including
4 extension of hours of operation), unless such modification is in full compliance with this Chapter or the
5 terms and conditions of approved permits pursuant to this Chapter.
/ G. DISCONTINUANCE OF NONCONFORMING USE
8
9 All legal nonconforming uses shall be encouraged to convert to a conforming use whenever possible
10 and conformance shall be required when:
11
12 1. The use is changed;
13
14 2. The structure(s) within which the use is conducted is moved; or
15
16 3. The use is terminated or discontinued for more than three (3) years.
17
18
19
20
21 17.01.150 VARIANCES FROM STANDARDS
22
23 A. PURPOSE
24
25 The purpose of this section is to allow the County to consider requests to vary or adapt certain
26 numerical standards of this Chapter where the strict application of said standards would deprive
27 property owners of reasonable use of their property.
28
29 B. APPLICABILITY
30
'- ' The provisions of this Section shall apply to:
33 1. Setback requirements within designated critical areas and resource lands; except wetland
34 related setbacks.
35
36 2. Buffer/vegetation area requirements within designated critical areas; except wetland related
37 vegetation areas.
38
39 3. Tract or parcel size requirements of Section 17.01 .060, .062 and .066; except that when the
40 following conditions are met, creation of non-conforming lots under the terms of this Chapter
41 are allowed outright; provided that all Mason County Code Title 16 (Subdivisions) requirements
42 are followed:
43
44 a. The parcel to be divided was legally established prior to the effective date of this
45 Chapter; and
46
47 b. The parcel contains two (2) dwelling units which were constructed prior to the
48 effective date of this Chapter; and
49
50 C. No more than two lots are proposed to be created; and
51
52 d. No lot proposed to be created shall be less than 1 acre (0.405 hectares) in size; and
53
54 e. Use of the lots to be created shall comply with all terms and conditions of this Chapter,
55 other than lot size, and shall comply with other pertinent requirements of the Mason
56 County Code.
August 2, 1993 50
1 A variance from standards y be appropriate where a lot is exce ,ally narrow or shallow or
2 -;ontains unusual topographic conditions, but only when strict application would result in hardship on
3 the owner of such property.
4
5 C. APPLICATION REQUIREMENTS
/ Application requirements shall be the same as for a Mason Environmental Permit in Section 17.01.120,
8 as well as the following:
9
10 1 . A description of the specific modification from the terms of the Chapter required; and
11
12 2. A description of the reasons for the variance.
13
14 D. REVIEW PROCESS
15
16 The review process for variances from standards shall be the public review process set forth in Section
17 17.01 .120.
18
19 E. REVIEW STANDARDS
20
21 No variance shall be granted unless the County makes findings of fact showing that the following
22 circumstances exist:
23
24 1 . The granting of the variance shall be consistent with the purpose and intent of this Chapter and
25 conditions shall be imposed to ensure compatibility with surrounding conforming uses.
26
27 2. The granting of the variance shall not permit the establishment of any use which is prohibited
28 by this Chapter.
29
30 3. The granting of the variance must be necessary for the reasonable use of the land or building
01 and the variance as granted by the County is the minimum variance that shall accomplish this
purpose. The findings shall fully set forth the circumstances by which this Chapter would
33 deprive the applicant of a reasonable use of his land. Mere loss in value shall not justify a
34 variation.
35
36 4. The granting of the variance shall not impair or substantially diminish property values of
37 surrounding neighborhood properties.
38
39 5. The granting of the variance shall not confer on the applicant any special privilege that is
40 denied by this Chapter to other lands or buildings in the same designation.
41
42
August 2, 1993 51
1 17.01.160 TEMPORAP iSES
2
3 The Director shall authorize by administrative decision temporary uses pursuant to the terms and conditions
4 of this section.
5
i A. PURPOSE
7
8 This section provides a process for authorizing certain uses or activities of a non-permanent nature for
9 a limited duration.
10
11 B. APPLICATION REQUIREMENTS
12
13 The application shall contain those requirements the Director deems appropriate based on the duration
14 of the use and its potential for environmental impact.
15
16 C. REVIEW PROCESS
17
18 The review process for a "Certificate of Temporary Use" shall be subject to administrative review
19 consistent with Section 17.01 .120; provided that the Director may waive any or all of this review
20 process for uses that do not pose a potential for environmental impact.
21
22 D. DEVELOPMENT STANDARDS
23
24 Temporary uses shall be consistent with all standards set forth in this Chapter. For any temporary use
25 the County shall impose such other reasonable conditions as may be found necessary to ensure that
26 the activity or use is not incompatible with surrounding conforming uses and will not result in a
27 potential environmental impact.
28
29 E. TIME LIMIT
30
' Certificates of Temporary Use shall expire according to the terms set forth in the approval.
33
August 2, 1993 52
1 17.01 .170 EMERGENCY At. ONS
2
3 A. EMERGENCY PERMIT
4
9 Notwithstanding other provisions of this Chapter or any other laws to the contrary, the Director may
issue a Emergency Permit if:
7
8 1 . The Director determines that an unacceptable threat to life or severe loss of property will.occur
9 if an emergency permit is not granted; and
10
11 2. The anticipated threat or loss may occur before a permit can be issued or modified under the
12 procedures otherwise required by this Chapter and other applicable laws.
13
14 Any such permit granted shall incorporate, to the greatest extent practicable and feasible but not
15 inconsistent with the emergency situation, the standards and criteria required for non-emergency
16 activities under this Chapter and shall:
17
18 1 . Be limited in duration to the time required to complete the authorized emergency activity, not
19 to exceed calendar 90 days; and
20
21 2. Require, within this 90 day period, the restoration of any critical area altered as a result of the
22 emergency activity, except that if more than the 90 days from the issuance of the emergency
23 permit is required to complete restoration, the emergency permit may be extended to complete
24 this restoration.
25
26 Issuance of an emergency permit by the Director does not preclude the necessity to obtain necessary
27 approvals from appropriate federal and state authorities.
28
29 Notice of the issuance of the emergency permit and request for public comments shall be published
30 at least once a week on the same day of the week for two consecutive weeks in the Official Mason
County Newspaper of Record no later than 10 calendar days after issuance of the emergency permit.
33 The emergency permit may be terminated at any time without process upon a determination by the
34 Director that the action was not or is no longer necessary to protect human health or the environment.
35
36 B. ENFORCEMENT
37
38 The County shall have authority to enforce this Section consistent with all provisions of Section
39 17.01 .200.
40
41
August 2, 1993 53
1 17.01.180 APPEALS
2
3 A. ADMINISTRATIVE INTERPRETATIONS
4
17 1 . Administrative decisions of the Director of Community Development shall be final and
conclusive unless within ten (10) calendar days following issuance of the Director's decision
7 or determination, written statement of appeal is filed with the Board of County Commissioners
8 by the applicant, a department of the County, an affected tribe, or any aggrieved person. Said
9 statement shall set forth any alleged errors and/or the basis for appeal and shall be
10 accompanied by a fee in an amount as set by resolution of the Board; provided, that such
11 appeal fee shall not be charged to a department of the County or to other than the first
12 appellant.
13
14 2. The timely filing of an appeal shall stay the effective date of the decision until such time as the
15 appeal is heard and decided or is withdrawn. The burden of proof regarding modification or
16 reversal shall rest with the appellant.
17
18 3. Within ten (10) working days following the timely filing of an appeal, notice thereof and of the
19 date, time and place for the appeal hearing shall be mailed to the applicant and to all other
20 parties of record. Such notice shall additionally indicate the deadline for submittal of written
21 comments.
22
23 B. DESIGNATIONS
24
25 1 . Within 15 calendar days following application for a land development permit pursuant to this
26 Chapter, the Director of Community Development shall make a determination as to whether
27 a designated resource land or critical area is effected by said proposed development. Such
28 designation shall be final and conclusive unless within ten (10) calendar days following
29 issuance of the Director's decision or determination, written statement of appeal is filed with
30 the Board of County Commissioners by the applicant, a department of the County or any
aggrieved person. Said statement shall set forth any alleged errors and/or the basis for appeal
and shall be accompanied by a fee as approved by resolution of the Board; provided, that such
33 appeal fee shall not be charged to a department of the County or to other than the first
34 appellant.
35
36 2. Appeals of designations shall be processed the same as all other administrative determinations.
37
38
39
40
41 17.01 .190 JUDICIAL REVIEW
42
43 The action of the Board in adopting, rejecting, remanding or modifying a recommendation of the Planning
44 Commission shall be final and conclusive unless within ten (10) calendar days from the date of such action
45 the applicant or an aggrieved party files a petition with the Mason County Superior Court for a writ or certiorari
46 or review. For purposes of this Chapter, a petition shall not be deemed filed until it is also served upon the
47 Board and the applicant or owner of record.
48
49
August 2, 1993 54
`
,
1 17^01,200 BNFORCEMENI
3 The Director in charged with enforcement of the provisions of this Chapter. When enforcement requires
4 referral to o Court of competent jurisdiction, the Director ohoU refer the matter to the County Prosecutor to
5 adjudicate the ooua on behalf of the County.
J
7 It shall be unlawful for any person to construct, enlarge, o|tor, repair, rnova' dorno|iah' use, occupy or cause
8 the same to be done in violation of any of the provisions ofthis Chapter. Any such violation is declared to be
B o public nuisance under RCVV 9.68.010. and aheU be corrected by any naeuoneb|e and lawful rneena as
10 provided in this Section.
11
12 A. INSPECTIONS
13
14 The purpose of these inspection procedures are to ensure that a property owner's rights are net
15 violated.
16
17 1 . When it is necessary to make an inspection to enforce the provisions of this Chapter, or when
18 the Director has nanuonub|a cause to believe that m violation has been or is being committed,
18 the Director or his duly authorized inspector may enter the pramniaua' or building at reasonable
20 times to inspect or to perform any duties imposed by this Chapter' provided that if such
21 premises or building be occupied that credentials be presented to the occupant and entry
22 requested. If such premises or building be unoccupied, the Director shall first make reasonable
23 effort to locate the owner or other person having charge or control of the premises or building
24 and request entry. If entry is refused, the Director shall have recourse to remedies provided
25 by law to secure entry.
26
27 B. CIVIL PROCEDURES FOR DEALING WITH VIOLATIONS
28
29 1. The Director may institute appropriate action or proceeding in the form of warning notice to
30 require compliance with this Chapter.
`1
2 2. If the property owner does not respond to the warning notice a $100 ticket will be issued to
33 the property owner.
34
35 3. If the property owner does not respond to the ticket or if the property owner nnapoodu to the
38 ticket but does not make appropriate efforts to correct the infraction the Director may issue
37 a temporary enforcement order pursuant to subsection [};
38
39 4. The Director may abate the violation if corrective work is not commenced or completed within
40 the time specified in a permanent enforcement order;
41
42 5. The Director may suspend or revoke any approvals or permits issued pursuant to this Chapter
43 or other Chapters of the K8000n County Code under the Director's Authority; and/or
44
45 O. The Director may file a lien against the property for costs of abatement and/or civil fines.
46
47 C. NOTIFICATION
48
49 1. Warning Notice
50
51 The first step in corrective action for the Director to take will be the issuing of a warning
52 notice. This notification is to inform property owners of practices which constitute or will
53 constitute a violation of this Chapter. This warning notice will require o response from the
54 property owner within 20 days and will be sent by certified/registered mail.
55
58
-7
August 2, 1993 55
NOTIFICATION
(EDUCATION&RESPONSE)
1. You will be notified about the problem.The notice will explain the nature of the problem, the laws
associated, and why you need to correct the situation.
2. The notice will list what your choices are in responding.
3.The notice will identify deadlines for your response.
4. Stop work until you respond to the notification
No Response Tlf you respond to the notification
TICKET
1.A $100 ticket for PAY TICKET io Meet with Director
not responding
2.A new deadline
for response
FIX THE DIRECTOR
PROBLEM CHANGES
ADMINISTRATIVE PAY FINE DECISION
ORDERS FOLLOW ORDERS
HEARINGS WITH
THE BOARD OF
COUNTY
COMMISSIONERS
APPLY FOR APPEAL
A TO
FINES VARIANCE BOARD
PAY FINE
LIEN LIEN LIFTED
FOLLOW ORDER
After the Director has exhausted all his civil options, or if criminal
CRIMINAL negligence is apparent, the Director may refer to the County
Prosecutor a consideration for determinant action under RCW
9.66.010
1 2. Ticket
2
3 The Director will issue a ticket upon a no response action taken by the property owner. The
4 property owner has 15 days to pay the ticket and respond to the notice.
5
D. ADMINISTRATIVE NOTICE AND ORDER
7
8 Within twenty calendar days of notice of a potential violation the Director shall make a determination
9 of whether a violation has occurred, and, if the Director determines that a violation has occurred, issue
-10 a temporary or permanent enforcement order. The Director shall notify the complainant of this
11 determination in writing.
12
13 Additionally, whenever the Director has reason to believe that a use or condition exists in violation of
14 this Chapter and that violation will be most promptly and equitably terminated by an administrative
15 proceeding, the Director may commence an administrative notice and order proceeding to cause
16 assessment of a civil penalty, abatement or suspension of work or revocation of any approvals or
17 permits issued pursuant to this Chapter or other Chapters of the Mason County Code under the
18 Director's Authority.
19
20 1 . Temporary Enforcement Order.
21
22 The Director may cause a temporary enforcement order to be posted on the subject property
23 or served on persons engaged in any work or activity in violation of this Chapter. The order
24 shall require immediate cessation of such work or activity and may temporarily suspend any
25 approval or permit issued under this Chapter or other Chapters of the Mason County Code
26 under the Director's Authority. The order may be issued without written or oral notice and
27 shall expire by its own terms in (10) calendar days unless the Director issues and transmits a
28 permanent enforcement order to the Board of Mason County Commissioners pursuant to
29 Section 1 7.01 .200.D.3. The notice and order shall contain:
30
" 1 a. The street address, when available, and a legal description of the real property;
33 b. A statement that the Director has found the person to be in violation of this Chapter
34 and a brief and concise description of the conditions found to be in violation;
35
36 C. A statement that the violator may be subject to a fine of $500 for each day that the
37 violation continues and, if applicable, the conditions on which assessment of such civil
38 penalty is contingent.
39
40 2. Withdrawal or Issuance of additional temporary order.
41
42 The Director may withdraw a temporary order if compliance is achieved within 10 calendar
43 days of posting or service thereof. If the violation is continued or repeated, the Director may
44 cause a second temporary order to be posted on the subject property or served on persons
45 engaged in any work or activity in violation of this Chapter. Any subsequent order involving
46 the same violation shall be permanent.
47
48 3. Permanent Enforcement Order.
49
50 A permanent order shall be issued by the Director and reviewed by the Board of County
51 Commissioners, as follows:
52
53 a. Within ten (10) calendar days following issuance of the temporary order, the Director
54 shall prepare and transmit to the Board a permanent enforcement order which shall
55 become final unless modified by the Board.
56
r-
August 2, 1993 56
1 b. The p .anent enforcement order shall contain.
2
3 (1) The street address, when available, and a legal description of real property;
4 (2) A statement that the Director has found the person to be in violation of this
5 Chapter and a brief and concise description of the conditions found to be in
violation;
7 (3) A statement of the corrective action required to be taken. If the Director has
8 determined that corrective work is required, the order shall require that all
9 required permits be secured and the work be physically commenced and
10 completed within such time as the Director determines is reasonable under the
11 circumstances, but in no event shall such time exceed 90 days;
12 (4) A statement that the violator may be subject to a fine of $500 for each day
13 that the violation continues and, if applicable, the conditions on which
14 assessment of such civil penalty is contingent;
15 (5) Statements advising that:
16
17 (a) If any required work is not commenced or completed within the time
18 specified, the Director shall proceed to abate the violation and cause
19 the work to be done and charge the costs thereof as a lien against the
20 property and any other property owned by the person in violation and
21 as a personal obligation of any person in violation; and
22 (b) If any assessed civil penalty is not paid, the Director shall charge the
23 amount of the penalty as a lien against the property and as a personal
24 obligation of any person in violation.
25
26 C. Prior to rendering a decision on the permanent enforcement order, the Board shall hold
27 at least one public hearing thereon. The property owner will be notified by
28 certified/registered mail the time and place of the public hearing.
29
30 d. The permanent enforcement order shall become final within five (5) working days of
1 the conclusion of a hearing, unless the Board renders a written decision modifying or
rejecting the enforcement order.
33
34 4. Supplemental Order. The Director may at any time add to, rescind in part, or otherwise modify
35 a permanent enforcement order by transmitting to the Board a supplemental enforcement order
36 pursuant to Section 17.01.200.D.3.
37
38 5. Service. Service of the permanent enforcement order shall be made upon all persons identified
39 in the order either personally or by mailing a copy of such order by certified mail, postage
40 prepaid, return receipt requested. If the address of any such person cannot reasonably be
41 ascertained, a copy`of the order shall be mailed to such person at the address of the location
42 of the violation. The failure of any such person to receive such notice shall not affect the
43 validity of the proceedings taken under this Chapter. Service by certified mail in the manner
44 provided in this section shall be effective on the date of the postmark. The order may be, but
45 is not required to be posted on the subject property.
46
47 E. VIOLATION OF PERMANENT ORDER
48
49 If, after any permanent order duly issued by the Director has become final, the person to whom such
50 order is directed fails, neglects, or refuses to obey such order, including refusal to pay a civil penalty
51 assessed under such order, the Director may:
52
53 1 . Cause such person to be prosecuted under the provisions of this Section; and/or
54
55 2. Institute any appropriate action to collect a civil penalty assessed under this Section; and/or
56
F-7 3. Abate the violation using the procedures of this Section; and/or
August 2, 1993 57
1 4. Pursue any other s, ophat* remedy at law orequity.
3 F. REVOCATION OF APPROVALS ORPERMITS
4
5 1. The Director may permanently revoke any approval or permit issued under this Chapter or other
S Chapters of the Mason County Code under the Director's authority for
7
O a. Failure of the holder to comply with the requirements of such Chapters; or
g
10 b. Failure of the holder totnnnp|y with any order issued pursuant to this Section; or
11
12 C. Discovery by the Director that an approval or a permit was issued in error or on the
13 basis of incorrect information supplied to the County.
14
15 Such approval or permit revocation shall be carried out through the notice and order provisions
16 of this Section and the revocation shall be final within five (5) working days of the conclusion
17 of the hearing unless the Board renders a written decision modifying or denying the revocation.
18
19 A permit may basuspended pending its revocation.
20
21 2. If permit is not acted on within 3youru of authorization, it is automatically revoked.
22
23 G. LIEN
24
25 Mason County shall have a lien for any civil penalty imposed or for the cost of any work of abatement
26 done pursuant to this Section, o/ both, against the real property on which the civil penalty was
27 imposed or any of the work of obotnnnont was performed and against any other real property owned
28 by any person in violation.
29
30 The lien shall be subordinate to all existing special assessment liens previously imposed upon the same
31 property and any recorded encumbrances except for state and county taxes, with which it shall be on
2 o parity.
33
34 The Board shall cause a claim for lien to be filed for record with the Auditor within ninety calendar days
35 from the date the civil penalty is due or within ninety calendar days from the date of completion of the
36 work orabatement performed by Mason County pursuant to this Section. The o|oinn of lien oheU
37 contain the following:
38
39 1 . The authority for imposing n civil penalty or proceeding to abate the violation, or both;
40
41 2. A brief description of the civil penalty imposed or the abatement work done, or both, including
42 the violations charged and the duration thereof, the time the work is commenced and
43 nonnp|atad and the name of the persons ororganizations performing the work;
44
45 3. A legal description of the property to be charged with the lien;
46
47 4. The name of the known or reputed owner; and
48
49 5. The amount, including |omfu| and reasonable costs, for which the lien is claimed.
50
51 The lien may be foreclosed by civil action in Mason County Superior Court.
52
53 H. CRIMINAL PROCEDURES
54
55 After the Director has exhausted civil options or if criminal negligence in apparent the Director may
56 refer to the Prosecuting Attorney fora determination action under RCVV 9.66.010.
97
August 2, 1993 58
1 I. RESTORATION
2
3 For property which contains designated wetlands, aquatic management areas, or terrestrial habitat
4 management areas or their vegetation areas which has been disturbed, or landslide, seismic or erosion
5 hazard areas on which a structure has been built or located in violation of this Chapter, no permit or
approval or development of the property shall be authorized or granted for a period of up to three (3)
7 years from completion of restoration as determined by the Director. In the event of intentional or
8 knowing violation of this Chapter, the County may bring an action against the owner of the land or the
9 operator who committed the violation.
10
11 1. Restoration Plan.
12
13 a. Where any designated wetlands, aquatic management areas, or terrestrial management
14 areas or their vegetation area which has been disturbed, or landslide, seismic or erosion
15 hazard areas or their buffers has been disturbed or a structure has been built, the
16 applicant shall cause to be prepared, by a qualified biologist, plant ecologist, geologist
17 or similarly qualified professional, as appropriate, a restoration plan which shall include
18 as a minimum the following:
19
20 (1) The extent of disturbance including an inventory of all vegetation cleared; and
21 (2) Measures necessary to restore the critical areas or their buffers/vegetation
22 area, including removal of fill, regrading to original contours, if necessary,
23 replacement of excavated material, revegetation of all cleared areas with native
24 trees and/or plants and removal of structures; and
25 (3) A schedule for restoration; and
26 (4) A monitoring plan to evaluate periodically the success of the restoration and
27 provide for amendments to the plan which may become necessary to achieve
28 its purpose.
29
30 b. In preparing and approving the restoration plan, the applicant and the County,
respectively, should consult with the Department of Wildlife, Department of Natural
Resources, Department of Fisheries, and the Department of Ecology as appropriate.
33
34 C. The restoration plan shall be prepared at the applicant's cost and shall be approved by
35 the Director. The Director may approve, reject or approve the plan with conditions.
36 All restoration shall be consistent with the approved restoration plan.
37
38 2. Monitoring. In any designated critical area where restoration has been required, the applicant,
39 at its own cost, shall provide for seasonal monitoring of the site by a qualified biologist or other
40 qualified professional, for a period of three years after completion. The applicant shall submit
41 an annual report to the Director which discusses i) the condition of introduced or reintroduced
42 plant species;. ii) the condition of open water areas or other water features; iii) use of the site
43 by fish and wildlife species; iv) any disturbances or alterations and their affects on the
44 restoration; v) additional or corrective measures which should be taken to ensure the success
45 of the restoration; and vi) other information which the Director considers necessary to assess
46 the status of the restoration.
47
48 3. Restoration bond. Prior to commencing restoration of a wetland, deep water habitat, tributary
49 stream or protected species habitat, or their vegetation area or a steep or unstable slope, the
50 applicant shall post with the Director a bond or other security in an amount sufficient to cover
51 the cost of conformance with the conditions of the restoration plan, including corrective work
52 necessary to provide adequate drainage, stabilize and restore disturbed areas, and remove
53 sources of hazard associated with work which is not completed. After the Director determines
54 that restoration has been completed in compliance with approved plans and the monitoring
55 period has expired, the bond or other security shall be released. The County may collect
56 against the bond when work which is not completed is found to be in violation of the
August 2, 1993 59
1 conditions set forth' .ne restoration plan and/or the Directo ;termines that the site is in
2 violation of the purposes of this Chapter.
3
4 J. CLEARING AND GRADING
5
Where property has been subjected to clearing or grading activity in violation of this Chapter, the
County may bring an action against the owner of such land or the operator who performed the clearing
8 and grading. In addition, in the event of intentional or knowing violation of this Chapter, the Court
9 may, upon the County's request, deny authorization of any permit or development approval on said
10 property for a period up to ten (10) years from the date of unauthorized clearing or grading. While a
11 case is pending in Court, the County shall not authorize or grant any permit or approval of development
12 on said property.
13
14 17.01.210 SEVERABILITY
15
16 If any provision of this Chapter or its application to any person or circumstances is held invalid, the remainder
17 of this Chapter and the application of such provision to other persons or circumstances shall not be affected.
18
19 17.01 .220 INTERIM REGULATIONS
20
21 This Chapter shall be considered interim in nature and shall expire within one year after adoption of a
22 Comprehensive Plan, pursuant to RCW 36.70A. Prior to that time, it is anticipated that amendments to this
23 Chapter shall occur only to correct clear errors or omissions in the document or respond to unforeseen
24 complications in implementation.
25
26 17.01 .230 EVALUATION
27
28 This Chapter shall be formally evaluated on an annual basis by the County for its effectiveness and
29 administrative efficiency. By September 1, 1994 and annually thereafter the Director shall report to the.Board
30 in writing an evaluation of this Chapter which shall include:
�G 1 . A summary of all Mason Environmental and Conditional Environmental Permits issued in the
33 preceding year by type of critical area/resource land and geographic location in the County.
34
35 2. A list of written administrative interpretations of the Chapter, including determinations of
36 applicability pursuant to Section 17.01 .120.D.6.
37
38 3. A list of all applications for variation from standards pursuant to Section 17.01.140
39
40 4. A list of all applications for variation from standards pursuant to Section 17.01 .150
41
42 5. A list of all administrative appeals pursuant to Section 17.01 .180.
43
44 6. Recommendations on any changes to this Chapter to accomplish, in the Director's opinion, any
45 of the following:
46
47 a. Clarification of ambiguities,
48
49 b. Correction of errors,
50
51 C. Reduction in regulations placed on property owners that are not necessary and
52 effective in conservation of resource lands and protection of critical areas,
53
54 d. Streamlining development review procedures to reduce the administrative burden on
55 the County and/or the applicant.
August 2, 1993 60
1
17.01 .240 DEFINITIONS
J
4 Accessory Use or Structure: A subordinate or ancillary use, structure, building or portion of a building located
5 on the same parcel of land as the principal legally permitted use, structure or building.
6
7 Aggrieved Person: The person appealing a decision of the County, who shows that he/she may suffer specific
8 injury and that the interests claimed are those intended to be protected by this Chapter.
9
10 Agricultural Lands: Lands primarily devoted to the production of horticultural, viticultural, floricultural, dairy,
11 apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject
12 to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock.
13
14 Anaerobic: Living or functioning in the absence of oxygen.
15
16 Applicant: A person who files an application for permit under this Chapter and who is either the owner of the
17 land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who
18 would actually control and direct the proposed activity, or the authorized agent of such a person.
19
20 Approval Authority: The approval authority for all administrative decisions under this Chapter is the Director
21 of Community Development. The approval authority for all decisions subject to public review is the Board of
22 County Commissioners.
23
24 Aguaculture: Aquaculture involves the culture and farming of food fish, shellfish and other aquatic animals
25 and plants in lakes, streams, inlets, bays and estuaries. Methods of aquaculture include, but are not limited
26 to, fish pens, shellfish rafts, racks and longlines, seaweed floats; and the culture of clams and oysters on
27 tidelands and subtidal areas. Excluded from this definition are related commercial or industrial uses such as
wholesale and retail sales, or final processing and freezing.
-J
30 Aquatic Management Areas: Aquatic areas and their associated uplands that are designated by this Chapter
31 for protection.
32
33 Aquifer: A freshwater saturated pervious geologic formation which will yield a sufficient quantity of water to
34 serve as a private or public water supply.
35
36 Aquifer Recharge Areas: Areas where water infiltrates the soil, and percolates through it and surface rocks,
37 to the groundwater table.
38
39 Best Management Practices: Conservation practices or systems of practices, and management measures,
40 pursuant to state law, that:
41
42 A. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins and
43 sediment; and
44
45 B. Minimize adverse impacts to surface water and groundwater flow, to circulation patterns, and to the
46 chemical, physical, and biological characteristics of critical areas.
47
48 Block: A parcel or set of contiguous parcels that collectively meet all classification criteria for any officially
49 designated resource land pursuant to this Chapter.
50
51 Board for Board of County Commissioners): The Mason County Board of Commissioners.
52
.ugust 2, 1993 61
1 Building Official: The Building Official of Mason County.
2
Buffer: An area of land used or designated for the purpose of insulating or separating a structure or land use
4 from a critical area or resource land in such a manner as to reduce or mitigate any adverse impacts of the
5 developed area. Permitted development and activities within buffers depend on the type of critical area or
6 resource land the buffer is protecting.
7
8 Chapter: Unless otherwise stated, the terms "Chapter" or "this Chapter" refer to Chapter 17.01 of the Mason
9 County Code.
10
11 Clearing or Land Clearing: The removal or disturbance of trees, shrubs and other vegetation, from a designated
12 critical area or its buffer/vegetation area by physical, mechanical, chemical, or any other means, to the extent
13 that the Director determines such removal or disturbance may constitute a safety hazard or otherwise pose
14 a probable adverse impact on the functions or values of that critical area or buffer/vegetation area; Provided
15 that removal or disturbance of vegetation from artificially landscaped areas existing at the time of adoption of
16 this Chapter shall not constitute clearing.
17
18 Conditional Uses: Those uses requiring a Mason Conditional Environmental Permit (MCEP) and that may, due
19 to their complexity or greater potential for impact, go through a public review process subject to the terms of
20 this Chapter.
21
22 Contaminant(s): Hazardous substance(s) which, if released in sufficient quantity, would impair a component
23 of the environment as a useful resource.
24
25 Critical Aquifer Recharge Areas: Aquifer recharge areas that are designated by this Chapter for protection.
26
27 Critical Areas: Critical Areas shall include Designated Wetlands, Aquifer Recharge Areas, Frequently Flooded
Areas, Landslide Hazard Areas, Seismic Hazard Areas, Erosion Hazard Areas, and Aquatic and Terrestrial
Management Areas, as defined by this Chapter.
30
31 Critical Facility: A facility to which the existence of a geologic hazard or the chance of flooding would present
32 even a slight threat. Critical facilities include, but are not limited to, public buildings; schools; hospitals; jails;
33 police, fire, and emergency response installations; nursing homes; and installations which produce, use, or
34 store hazardous materials and/or hazardous waste.
35
36 Development: A planning or construction project involving substantial property improvement and, usually, a
37 change of land-use character within the site; the act of using land for building or extractive purposes.
38
39 Director or Director of Community Development: The Director of the Mason County Department of Community
40 Development.
41
42 Engineer: A person who is licensed in the State of Washington in a particular field in question.
43
44 Erosion Hazard Areas: Areas susceptible to erosion that are designated by this Chapter for protection.
45
46 Facility: All structures, appurtenances, and other improvements on or in the land.
47
48 Feedlot: An enclosure or facility used or capable or being used to confine livestock for the purpose of fattening
49 for market with hay, grain, silage, or other livestock feed.
50
51 Forest Lands: Lands primarily useful for growing trees, including Christmas trees subject to the excise tax
52 imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, and that has long-term
53 commercial significance for growing trees commercially.
,ugust 2, 1993 62
1 Frequently Flooded Areas: Lands in the floodplain subject to a one percent or greater chance of flooding in
2 any given year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands and
the like.
4
5 Geologist: A person who has earned his/her livelihood primarily from the field of geology for at least five years,
6 and has received a degree in geology from an accredited 4 year institution of higher education.
7
8 Government Lots: Those irregular tracts of land designated on the plats of the United States Public Lands
9 surveys.
10
11 Hazardous Substances: Substances that pose a present or potential hazard to human health or to the quality
12 of the drinking water supply (now or in the future) in the aquifer system underlying Mason County, when
13 improperly used, stored, transported, or disposed of or otherwise mismanaged, including those materials
14 identified as a hazardous waste in 40 CFR 261, or defined as a hazardous substance in 40 CFR 302, WAC
15 173-360-120. Hazardous substances shall include petroleum products and by-products, including crude oil
16 or any faction thereof such as gasoline, diesel, and waste oil which is liquid at standard conditions of
17 temperature and pressure ((600 Fahrenheit(15.61 Centigrade), 14.7 pounds per square inch (1.03 Kilograms per
18 square centimeter)).
19
20 Health Director: The Director of the Mason County Health Department.
21
22 Hydric Soil: Soil that is saturated, flooded or ponded long enough during the growing season to develop
23 anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods
24 described in the "US Corp of Engineers Wetlands Delineation Manual, 1987".
25
26 Hydrogeology: The science that deals with the hydrology of geologic formations.
27
Hydrophytic Vegetation: Macrophytic plant life growing in water or on a substrate that is at least periodically
deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be
30 determined following the methods described in the "US Corp of Engineers Wetlands Delineation Manual,
31 1987".
32
33 Impervious Surface: That hard surface area which either prevents or retards the entry of water into the soil
34 mantle, whereas it entered under natural conditions prior to development; and/or that hard surface area which
35 causes water to run off the surface in greater quantities or at an increased rate of flow, from that present
36 under natural conditions prior to development.
37
38 Inholding Lands: Blocks of land that are surrounded on all sides by designated Long-Term Commercial Forest
39 Lands and are crucial areas for conservation of those lands but are not directly of long-term commercial
40 significance for forestry.
41
42 Isolated Wetlands: Those wetlands which:
43
44 A. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and
45
46 B. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.
47
48 Landfill: A disposal facility, or part of a facility, at which solid waste is permanently placed in or on land, and
49 which is not a landspreading disposal facility.
50
51 Landslide Hazard Areas: Areas susceptible to landslides that are designated by this Chapter for protection.
52
53
,ugust 2, 1993 63
1 Long-Term: A period of time that exceeds 100 years for forest management uses and exceeds 20 years for
2 all other land uses.
4 Long-Term Commercial Forest Lands: See Forest Lands definition.
5
6 Long-Term Commercial Significance: The growing capacity, productivity, and soil composition of the land for
7 long-term commercial production, in consideration with the land's proximity to population areas, and the
8 possibility of more intense uses of land.
9
10 Lot: A designated parcel, tract or area established by a plat or otherwise as permitted by law and to be used,
11 developed or built upon as a unit. A lot shall not include a segregation of land established by the County
12 Assessor and assigned numbers for assessment purposes only.
13
14 Mason Conditional Environmental Permit (MCEP): A County permit required for any proposed development or
15 use in an area designated by this Chapter as a critical area or resource land, where the proposed development
16 or use is listed as a Conditional Use in one or more designated critical areas or resource lands.
17
18 Mason Environmental Permit (MEP): A County permit required for any proposed development or use in an area
19 designated by this Chapter as a critical area or resource land, where the proposed development or use is listed
20 as a Permit Required Use in one or more designated critical areas or resource lands. Such permits shall, when
21 possible, be processed concurrently with other County permits, and are designed to minimize any additional
22 steps or staff time.
23
24 Mineral Resource Lands: Lands devoted primarily to the extraction of minerals, or that have known or potential
25 long-term commercial significance for extraction of minerals.
26
27 Mining: All or any part of the process involved in extraction of minerals from the earth by removing mineral
deposits for commercial use, including surface mining and sub-surface mining. Mining shall not include
extraction, excavation or grading conducted on site exclusively for construction, road maintenance, forestry,
30 or farming.
31
32 Mitigation: Actions necessary to replace project-induced wetland and wetland vegetation area losses, including
33 land acquisition, planning, construction plans, monitoring and contingency actions. Replacing project-induced
34 wetland losses or impacts, which includes, but is not limited to, the following:
35
36 A. Restoration: Actions performed to reestablish wetland functional characteristics and processes which
37 have been lost by alterations, activities, or catastrophic events within an area which no longer meets
38 the definition of a wetland.
39
40 B. Creation: Actions performed to intentionally establish a wetland at a site where one did not formerly
41 exist.
42
43 C. Enhancement: Actions performed to improve the condition of existing degraded wetlands so that the
44 functions they provide are of a higher quality.
45
46 D. Avoiding the impact altogether by not taking a certain action or parts of an action;
47
48 E. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using
49 appropriate technology; or by taking affirmative steps to avoid or reduce impacts;
50
51 F. Reducing or eliminating the impact over time by preservation and maintenance operations during the
52 life of the action;
53
.ugust 2, 1993 64
1 G. Monitoring the impact and the compensation project and taking appropriate corrective measures.
Mitigation for individual actions may include a combination of the above measures.
4
5 Native Vegetation: Plant species which are indigenous to the area in question.
6
7 Naturally Occurring Lakes and Ponds: Naturally occurring ponds, not including ponds deliberately designed and
8 created from dry sites, such as canals, stormwater detention facilities, waste water treatment facilities, farm
9 ponds, and landscape amenities. However, naturally occurring ponds may include those artificial ponds
10 intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory
11 authority.
12
13 On-Site Sewage System Site Evaluation and Disposal Permit Application: An application to place an on site
14 sewage system on a property approved under the authority of the Mason County Health Department. Also
15 known as a County On-site System Permit.
16
17 Ordinary High Water Mark: On all lakes, streams, and tidal water is that mark that will be found by examining
18 the bed and banks and ascertaining where the presence and action of waters are so common and usual, and
19 so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting
20 upland, in respect to vegetation as that condition exists on January 31, 1992, or as it may naturally change
21 thereafter or as it may change thereafter in accordance with permits issued by local government or the State
22 PROVIDED THAT in any areas where the ordinary high water mark cannot be found, the ordinary high water
23 mark adjoining fresh water shall be the line of mean high water.
24
25 Parcel: See definition for "lot".
26
27 Permit Required Uses: Those uses requiring a Mason Environmental Permit (MEP) under the terms of this
Chapter, unless otherwise stated.
30 Practicable Alternative: An alternative that is available and capable of being carried out after taking into
31 consideration cost, existing technology, and logistics in light of overall project purposes, and having less
32 impacts to designated wetlands. It may include an area not owned by the applicant which could reasonably
33 have been or be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed
34 activity.
35
36 Public Building: Any structure owned by a governmental entity that is designed for human occupancy pursuant
37 to the Uniform Building Code.
38
39 Public Works Director: The Director of the Mason County Department of Public Works.
40
41 Qualified Wetland Professional: A person with experience and training in wetlands issues, and with experience
42 in performing wetland delineation, analyzing wetland functions and values, analyzing wetland impacts, and
43 recommending wetland mitigation and restoration. Qualifications include:
44
45 A. Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany, environmental studies,
46 fisheries, soil science, wildlife or related field, and two years of related work experience, including a
47 minimum of one year experience delineating wetlands using any Federal Manual for Identifying and
48 Delineating Jurisdictional Wetlands and preparing wetland reports. Additional education may substitute
49 for one year of related work experience; or
50
51 B. Four years of related work experience and training, with a minimum or two years experience
52 delineating wetlands using any Federal Manual for Identifying and Delineating Jurisdictional Wetlands
53 and preparing wetland reports.
-august 2, 1993 65
1 Recreation: Activities such as hiking, canoeing, viewing, nature study, photography and fishing that do not
? require extensive preparation of facilities. Activities that include, but are not limited to, parks, playgrounds,
athletic fields, campgrounds, and boat ramps, and may require land clearing, earth modification, construction
4 of permanent structures and other facilities.
5
6 RM Revised Code of Washington
7
8 Release: Any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a hazardous
9 substance(s) from a facility or activity into or onto soil, air, water, groundwater, or other materials.
10
11 Release Detection: A method or methods of determining whether a release or discharge of a hazardous
12 substance from a regulated facility into the environment has occurred.
13
14 Repair or Maintenance: An activity that restores the character, scope, size, and design of a serviceable area,
15 structure, or land use to its previously authorized and undamaged condition. Activities that change the
16 character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter
17 additional designated critical areas are not included in this definition.
18
19 Residential Density: The permissible number of dwelling units that may be developed on a specific amount
20 of land area measured in number of dwelling units per acre.
21
22 Resource Lands: Resource lands shall include agricultural lands, forest lands, and mineral resource lands as
23 defined by this Chapter.
24
25 Seismic Hazard Areas: Areas particularly susceptible to damage from seismic activity that are designated by
26 this Chapter for protection. Types of Seismic Hazards include:
27
1 . Differential Settlement: The downward movement of soil caused by a shift in underlying
sediments which result in a depression in the soil surface.
30
31 2. Earthquake: Ground failures that could affect an area and include landslides, lateral spreading,
32 liquefaction, lurch cracking, stream and canal bank failures, rockfalls, and differential
33 settlement of the ground surface not directly attributable to one of the foregoing.
34
35 Earthquakes can cause landslides due to the shaking of unstable rock and soil resulting in a
36 sliding of the surface even on gentle slopes.
37
38 3. Ground Shaking: A complex surface wave motion produced by its passage of seismic waves
39 through the earth's outer crust.
40
41 4. Lateral Spreading: The lateral movement of soil on top of liquefied granular or sandy soils
42 induced by strong seismic shaking.
43
44 5. Liquefication: This can change certain granular soils into a kind of quicksand when caused by
45 strong seismic shaking.
46
47 6. Lurch Cracks: Random cracks and fissures in the soil induced by strong seismic shaking.
48
49 7. Regional Uplift/Settlement: A result of tectonic movements of the earth's crust during large
50 scale earthquake activity. Regional uplift on the order of 8 to 12 feet occurred along the lower
51 arm of Hood Canal, North Bay of Case Inlet some 800 to 1,000 years ago during a great
52 earthquake in the Puget Sound south of Seattle. Evidence is seen in old elevated beach
53 terraces in this area.
,August 2, 1993 66
1 8. Rockfalls: This can occur when nearly vertical rock slopes fail during strong seismic shaking.
9
9. Seiches: Earthquake induced water waves in a confined body of water caused by periodic
4 oscillations of the water in response to ground shaking.
5
6 10. Surface Faulting: The fracturing of soil or rock on the earths surface. Surface faulting could
7 occur on mapped faults shown on geologic maps of the Mason County area.
8
9 1 1 . Tsunami: Catastrophic sea waves generated in large bodies of water by strong earthquakes,
10 underwater landslides or volcanic explosion. Tsunami waves travel at speeds of up to 400
11 mph across the open ocean and can form waves reported up to 200 feet in height when
12 encountering land with a long shallow ocean fronting shelf. Tsunamis, averaging at least 20
13 feet in height, have been generated in Puget Sound as evidenced in recent geologic studies.
14
15 Serviceable: Presently useable.
16
17 SEPA: The State Environmental Policy Act, 43.21 c RCW, and implementing State and County administrative
18 rules.
19
20 Setback: The distance from a lot, parcel, tract, critical area or resource land boundary, beyond which the
21 footprint or foundation of a structure shall not extend.
22
23 Site: Any lot, tract, parcel, large lot holding, either owned or leased, intended for development.
24
25 Slope: An inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to
26 horizontal distance.
27
Streams: Those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined
channel or bed is an area which demonstrates clear evidence of the passage of water and includes, but is not
30 limited to, bedrock channels, gravel beds, sand and silt beds and defined channel swales. The channel or bed
31 need not contain water year round. This definition is not meant to include irrigation ditches, canals, storm or
32 surface water runoff devices or other entirely artificial watercourses, unless they are used by salmon or used
33 to convey streams naturally occurring prior to construction. For regulatory purposes under this Chapter, this
34 includes DNR Water Types I-IV (WAC 222-16-030).
35
36 Surface Mining: Includes, and is limited to, all activities defined as "surface mining" under Section 78.44.030
37 RCW or as hereafter amended, except that operations meeting the definition of surface mining and are less
38 than 3 acres(1 .21 hectares) in size may also be designated by the Mason County Engineer as surface mining
39 operations, if these operations are deemed critical for maintenance of local government infrastructure.
40
41 Structure: In accordance with the Uniform Building Code, that which is built or constructed, an edifice or a
42 building of any kind, or any piece of work artificially built up or composed of parts joined together in some
43 definite manner.
44
45 Terrestrial Management Areas: Areas where the presence of animal species exists that have been designated
46 by this Chapter for protection.
47
48 Threatened or Endangered Species: All species of wildlife listed as "threatened" or "endangered" by the
49 Washington State Department of Wildlife.
50
51 Vegetation Area: An area of land used or designated for the purpose of insulating or separating a structure
52 or land use from a critical area or resource land in such a manner as to reduce or mitigate any adverse impacts
-August 2, 1993 67
1 of the developed area. Permitted development and activities within vegetation areas depend on the type of
2 critical area or resource land the vegetation area is protecting.
4 WAC: Washington Administrative Code
5
6 Water-dependent: Requiring the use of surface water that would be essential to fulfill the purpose of the
7 proposed project.
8
9 Waters of the State: A classification system established in WAC 222-16-030, or as hereafter amended.
10
11 Wetland Management Area: Wetland areas and their associated uplands that are designated by the Chapter
12 for protection.
13
14 Wetland Edge: The boundary of a wetland as delineated based on the regulations contained in this Chapter.
15
16 Wetland Hydrology: Permanent or periodic inundation, or soil saturation to the surface during the growing
17 season which typically creates anaerobic conditions in the soil that affects the types of plants that can grow
18 and the types of soils that can develop. The presence of wetland hydrology shall be determined following the
19 methods described in the "US Army Corp of Engineers Wetlands Delineation Manual, 1987".
20 Wetlands: Areas that are inundated or saturated by surface water or ground water at a frequency and duration
21 sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically
22 adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar
23 areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including,
24 but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, waste water
25 treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial
26 wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands, if permitted
27 by the county or city.
®ugust 2, 1993 68
1 CHANGES TO OTHER MASON COUNTY LAWS
A. Mason County SEPA Ordinance 99-84: County Environmental Policy Ordinance
4
5 Section 10.2 Environmentally Sensitive Areas, is amended as follows:
6
7 (1) The following map(s),available at the Mason County Department of Community Development,
8 designate the location of environmentally sensitive areas within the county and are adopted
9 by reference.
10
11 a. "Mason County Geologic Hazards Map" and associated buffers as established in
12 Section 17.01.100. of the Mason County Interim Resource Ordinance, Chapter 17.01
13 Mason County Code.
14
15 b. "The Flood Insurance Study, Mason County " with accompanying Flood Insurance Rate
16 Maps. Federal Emergency Management Agency. 1988.
17
18 C. National Wetlands Inventory Maps. U.S. Department of The Interior, and all Mason
19 County maps referencing wetlands and associated vegetation areas as established in
20 Section 17.01 .070 of the Mason County Interim Resource Ordinance.
21
22 d. Type II, III, and IV waters identified on the Water Type Reference Maps, Washington
23 Department of Natural Resources, for all of Mason County, and associated vegetation
24 areas as identified in Section 17.01 .110 of the Mason County Interim Resource
25 Ordinance.
26
27 For each environmentally sensitive area, the exemptions within WAC 197-1 1-800 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 environmentally
30 sensitive areas of the county.
31
32 (2) The county shall treat proposals located wholly partially within an environmentally sensitive
33 area no differently than other proposals under the ordinance, making a threshold determination
34 for all such proposals. The county shall not automatically require an EIS for a proposal merely
35 because it is proposed for location in an environmentally sensitive area.
36
37 (3) Certain exemptions do not apply on lands covered by water, and this remains true regardless
38 of whether or not lands covered by water are mapped. [Statutory Authority: RCW 43.21 C.130.
39 84-13-036 (Order DE 84-25), § 173-806-190, filed 6/15/84. Formerly WAC 173-805-050.1
40
41 B. Title 16, Mason County Subdivision Ordinance, including Large Lot Requirements
42
43 Section 16.04.030 is amended as follows:
44
45 16.04.030 Application of Regulations. Every Short Subdivision shall comply with Chapter 16.36 of
46 this Title. Every subdivision shall comply with the provisions of this Title, except Chapter 16.36 and
47 16.38. Every large lot subdivision shall comply with Chapter 16.38 of this Title. Every subdivision,
48 short subdivision and large lot subdivision shall also be in compliance with all provisions of Chapter
49 17.01; and conditions of approval may be stipulated to assure compliance with such standards and
50 further the purposes of that Chapter.
51
52
.ugust 2, 1993 69
1 The provisions of this title shall not apply to:
1)
(a) Cemeteries and other burial plots while used for that purpose;
4 (b) Division of land into lots or tracts each of which is one sixteenth of a section of land
5 or forty acres or larger (or one eighth of a section of land or eighty acres or larger if
6 within designated Long-Term Commercial Forest Land pursuant to Chapter 17.01
7 MCC), if the land is not capable of description as a fraction of a section of land:
8 Provided, that for purposes of computing the size of any lot under this item which
9 borders on a street or road, the lot size shall be expanded to include that area which
10 would be bounded by the centerline of the road or street and the side lot lines of the
11 lot running perpendicular to such centerline:
12 (c) A division for the purpose of lease when no residential structure other than mobile
13 homes or travel trailers are permitted to be placed upon the land.
14 (d) Divisions made by testamentary provision, or by the laws of descent.
15
16 Section 16.08.085 is amended as follows:
17
18 16.08.085 Large Lot Subdivisions: "Large lot subdivision" means every division or redivision of land
19 into two (2) or more lots, each of which is larger than one-one hundred and twenty eighth of a section
20 of land, or five acres, and any one of which is smaller than one sixteenth of a section of land, or forty
21 (40) acres, for the purpose of sale, lease, or transfer of ownership; Provided that within Long-Term
22 Commercial Forest Land, as designated pursuant to Chapter 17.01 MCC, the thresholds shall be
23 increased to an eighth of a section of land, or eighty (80) acres.
24
25
26
27
Lv
30
31
.agust 2, 1993 70