HomeMy WebLinkAbout99-84 - Ord. MCC Title 8 Environmental Policy ORDINANCE NO. 99-84
ORDINANCE - ENVIRONMENTAL POLICY
This Ordinance supersedes Mason County Code, Title 8, Environmental Policy
dated October 15, 1978 and County Environmental Policy Ordinance 758,
dated May 9, 1977.
PART ONE
AUTHORITY
1 . 1 The County of Mason adopts this ordinance under the State
Environmental Policy Act (SEPA), RCW 43.21C. 120, and the SEPA rules, WAC
197-11-904.
This ordinance contains this county®s SEPA procedures and policies.
The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with
this ordinance. [Statutory Authority: RCW 43.21C. 130. 84-13-036 (Order
DE 84-25), § 173-806-010, filed 6/15/84. Formerly WAC 173-805-010. 1
PART TWO
DEFINITIONS
2. 1 Purpose of this Part and Adoption b Reference. This part
contains uniform usage and definitions of terms under SEPA. The county
adopts the following sections by reference;
WAC
197-11-700 Definitions.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption. I
197-11-710 Affected tribe. i
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency.
197-11-726 Cost-benefit analysis.
197-11-728 County/city.
197-11-730 Decision maker.
197-11-732 Department.
197-11-734 Determination of nonsignificance (DNS). '
197-11-736 Determination of significance (DS). 1
197-11-738 EIS.
197-11-740 Environment.
197-11-742 Environmental checklist.
197-11-744 Environmental document.
197-11-746 Environmental review.
197-11-748 Environmentally sensitive area.
197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 ' Mitigated DNS.
197-11-768 Mitigation.
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197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nonproject.
197-11-776 Phased review.
197-11-778 Preparation.
197-11-780 Private project.
, 197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Responsible official.
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Scoping.
197-11-794 Significant.
197-11-796 State agency.
197-11-797 Threshold determination.
197-11-799 Underlying governmental action.
[Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE 84-25) , §
173-806-175, filed 6/15/84. Formerly, WAC 173-805-020. 1
2.2 Additional Definitions. In addition to those definitions
contained within WAC 197-11-700 through 197-11-799, when used in this
ordinance, the following terms shall have the following meanings, unless
the context indicates otherwise:
(1) "Department" means any division, subdivision or organizational
unit of the county established by ordinance, rule, or order.
(2) "SEPA rules" means Chapter 197-11 WAC adopted by the Department
of Ecology.
(3) "Ordinance" means the ordinance, resolution, or other procedure
used by the county to adopt regulatory requirements.
(4) "Early notice" means the county 's response to an applicant
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stating whether it considers issuance of a determination of significance
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likely for the applicant ' s proposal (mitigated determination of
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nonsignificance (DNS) procedures). [Statutory Authority: RCW 43-21C. 130.
84-13-036 (Order DE 84-25), § 173-806-030, filed 6/15/84. Formerly WAC
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173-805-030. 1
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PART THREE
GENERAL REQUIREMENTS
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3. 1 Purpose of this Part and Adoption by Reference. This part
contains the basic requirements that apply to the SEPA process. The
county adopts the following sections of Chapter 197-11 of the Washington
Administrative Code by reference:
WAC
197-11-040 Definitions.
197-11-050 Lead Agency.
197-11-055 Timing of the SEPA process.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 . Information required of applicants.
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[Statutory Authority : RCW 43. 21C. 130. 84-13-036 (Order DE84-25) , §
173-806-020, filed 6/15/84. Formerly WAC 173-805-020. ]
3.2 Designation of Responsible Official.
( 1) For public proposals, the head (administrative official) of the
department making the proposal shall be the responsible official. For
private proposals, the head (administrative official) of the department
with primary responsibility for approving the permits and licenses for the
proposal shall be the responsible official. When multiple officials have
permitting authority, the assignment of responsibility shall be reached by
agreement.
(2) For all proposals for which the county is the lead agency , the
responsible official shall make the threshold determination, supervise
scoping and preparation of any required environmental impact statement
(EIS), and perform any other functions assigned to the "lead agency" or
°responsible official" by those sections of the SEPA rules that were
adopted by reference in par. 3. 1 above.
(3) For any proposal as defined in ( 1) and (2) above, the Mason
County Board of Commissioners may assume the status of "Decision maker" as
defined in WAC 197-11-730 in which case the responsible official shall be
subject to the directions of the County Commissioners.
(4) The county shall retain all documents required by the SEPA rules
(Chapter 197-11 WAC) and make them available in accordance with Chapter
42. 17 RCW. [Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE
84-25), § 173-806-040, filed 6/15/84. Formerly WAC 173-805-115. ]
3.4 Lead Agency Determination and Responsibilities.
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(1) The department within the county receiving an application for or (�
initiating a proposal that involves a nonexempt action shall determine the
lead agency for that proposal under WAC 197-11-050 and 197-11-922 through
197-11-940; unless the lead agency has been previously determined or the
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department is aware that another department or agency is in the process of
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determining the lead agency.
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(2) When the county is the lead agency for a proposal, the department
receiving the application shall determine the responsible official who
shall supervise compliance with the threshold determination requirements,
and if- an EIS is ncessary, shall supervise preparation of the EIS.
(3) When the county is not the lead agency for a proposal, all
departments of the county shall use and consider, as appropriate, either
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the DNS or the final EIS of the lead agency in making decisions on the
proposal. No county department shall prepare or require preparation of a
DNS or EIS in addition to that prepared by the lead agency , unless
required under WAC 197-11-600. In some cases , the county may conduct
supplemental environmental review under WAC 197-I1-600.
(4) If the county or any of its departments receives a lead agency
determination made by another agency that appears inconsistent with the
criteria of WAC 197-11-922 through 197-11-940, it may object to the
determination. Any objection must be made to the agency originally making
the determination and resolved within fifteen days of receipt of the
determination, or the county must petition the Department of Ecology for a
lead agency determination under WAC 197-11-946 within the fifteen-day time
period. Any such petition on behalf of the county may be initiated by the
Mason County Commissioners.
(5) Departments of the county are authorized to make agreements as to
lead agency status or shared lead agency duties for a proposal under WAC
197-11-942 and 197-11-944: Provided, That the Mason County Board of
Commissioners approve the agreement.
(6) Any department making a lead agency determination for a private
project shall require sufficient information from the applicant to
identify which other agencies have jurisdiction over the proposal (That
is: Which agencies require nonexempt licenses?). [Statutory Authority:
RCW 43.21C. 130. 84-13-036 (Order DE 84-25), § 173-806-050, filed 6/15/84.
Formerly WAC 173-805-070. ]
3. 5 Additional Considerations.
(1) For nonexempt proposals, the DNS or draft EIS for the proposal
shall accompany the county 's staff recommendation to any appropriate
advisory body, such as the planning commission.
(2) If the county's only action on a proposal is a decision on a
building permit or other license that requires detailed project plans and
specifications, the applicant may request in writing that the county
conduct environmental review prior to submission of the detailed plans and
specifications. [Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order
DE 84-25), § 173-806-058, filed 6/15/84. Formerly Chapter 173-805 WAC. ]
PART FOUR
CATEGORICAL EXEMPTIONS AND
THRESHOLD DETERMINATIONS
4. 1 Purpose of this Part and Adoption by Reference. This part
contains the rules for deciding whether a proposal has a "probable
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significant, adverse environmental impact" requiring an environmental
impact statement (EIS) to be prepared. This part also contains rules for
evaluating the impacts of proposals not requiring an EIS. The county
adopts the following sections by reference, as supplemented in this part:
WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-360 Determination of significance (DS)/initiation of scoping.
197-11-390 Effect of threshold determination.
[Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE 84-25 §
173-806-065, filed 6/15/84. Formerly WAC 173-805-020. ]
4.2 Flexible Thresholds for Categorical Exemptions.
(1) Mason County establishes the following exempt levels for minor
new construction under WAC 197-11-800(1)(b) based on local conditions:
(a) For residential dwelling, units in WAC 197-11-800( 1)(b) (i) : Up
to 20 dwelling units.
(b) For agricultural structures in WAC 197-11-800( 1) (b)ii) : Up to
30,000 square feet.
(c) For office, school, commercial, recreational, service or storage
buildings in WAC 197-11-800(1)(b)(iii) : Up to 12,000 square feet and up
to 40 parking spaces.
(d) For parking lots in WAC 197-11-800( 1)(b)(iv) : Up to 40 parking
spaces.
(e) For landfills and excavations in WAC 197-11-800(1)(b)(v) : Up to
500 cubic yards.
(2) Whenever the county establishes new exempt levels under this
section, it shall send them to the Department of Ecology, Headquarters
Office, Olympia, Washington, 98504 under WAC 197-11-800(1)(c). [Statutory
Authority: RCW 43.21C. 130. 84-13-036 (Order DE 84-25) , § 173-806-070,
filed 6/15/84. Formerly Chapter 173-805 WAC. ]
4.3 Use of Exemptions.
(1) Each department within the county that receives an application
for a license or, in the case of governmental proposals , the department
initiating the proposal, shall determine whether the license and/or the
proposal is exempt. The department ' s determination that a proposal is
exempt shall be final and not subject to administrative review. If a
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proposal is exempt, none of the procedural requirements of this ordinance
apply to the proposal. The county shall not require completion of an
environmental checklist for an exempt proposal.
(2) In determining whether or not a proposal is exempt, the department
shall make certain the proposal is properly defined and shall identify the
governmental licenses required (WAC 197-11-060). If a proposal includes
exempt and nonexempt actions , the department shall determine the lead
agency, even if the license application that triggers the department ®s
consideration is exempt.
(3) If a proposal includes both exempt and nonexempt actions, the
county may authorize exempt actions prior to compliance with the
procedural requirements of this ordinance, except that:
(a) The county shall not give authorization for:
(i) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact; or
(iii) Any action that would limit the choice of alternatives.
(b) A department may withhold approval of an exempt action that would
lead to modification of the physical environment, when such modification
would serve no purpose if nonexempt action(s) were not approved; and
(c) A department may withhold approval of exempt actions that would
lead to substantial financial expenditures by a private applicant when the
expenditures would serve no purpose if nonexempt action(s) were not
approved. [Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE
84-25), § 173-806-080, filed 6/15/84. Formerly WAC 173-805-060. ]
4.4 Environmental Checklist.
(1) A completed environmental checklist (or a copy) , in the form
provided in WAC 197-11-960, shall be filed at the same time as an
application for a permit, license, certificate, or other approval not
specifically exempted in this ordinance; except, a checklist is not needed
if the county and applicant agree an EIS is required, SEPA compliance has
been completed, or SEPA compliance has been initiated by another agency.
The county shall use the environmental checklist to determine the lead
agency and, if the county is the lead agency , for determining the
responsible official and for making the threshold determination.
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(2) For private proposals, the county will require the applicant to
complete the environmental checklist providing assistance as necessary®
For county proposals , the department initiating the proposal shall
complete the environmental checklist for that proposal®
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(3) The county may require that it, and not the private applicant,
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will complete all or part of the environmental checklist for a private
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proposal, if either of the following occurs:
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(a) The county has technical information on a question or questions
that is unavailable to the private applicant; or
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(b) The applicant has provided inaccurate information on previous
proposals or on proposals currently under consideration. [Statutory
Authority: RCW 43®21C® 130. 84-13-036 (Order DE 84-25) , § 173-806-090,
filed 6/15/84. Formerly WAC 173-805-090® ]
4.5 Mitigated DNS®
( 1) As provided in this section and in WAC 197-11-350 , the
responsible official may issue a DNS based on conditions attached to the
proposal by the responsible official or on changes to, or clarifications
of, the proposal made by the applicant®
(2) An applicant may request in writing early notice of whether a DS
is likely under WAC 197-11-350. The request must: i
(a) Follow submission of a permit application and environmental
checklist for a nonexempt proposal for which the department is lead
agency; and
(b) Precede the county`s actual threshold determination for the
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proposal.
(3) The responsible official should respond to the request for early
notice within fifteen working days. The response shall:
(a) Be written;
(b) State whether the county currently considers issuance of a DS
likely and, if so, indicate the general or specific area(s) of concern
that is/are leading the county to consider a DS; and
(c) State that the applicant may change or clarify the proposal to
mitigate the indicated impacts, revising the environmental checklist
and/or permit application as necessary to reflect the changes or
clarifications.
(4) As much as possible, the county should assist the applicant with
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identification of impacts to the extent necessary to formulate mitigation
measures.
(5) When an applicant submits a changed or clarified proposal, along
with a revised or amended environmental checklist, the county shall base
its threshold determination on the changed or clarified proposal and
should make the determination within fifteen days of receiving the changed
or clarified proposal:
(a) If the county indicated specific mitigation measures in its
response to the request- for early notice, and the applicant changed or
clarified the proposal to include those specific mitigation measures , the
county shall issue and circulate a DNS under WAC 197-11-340(2).
(b) If the county indicated areas of concern, but did not indicate
specific mitigation measures that would allow it to issue a DNS, the
county shall make the threshold determination, issuing a DNS or DS as
appropriate.
(c) The applicant's proposed mitigation measures (clarifications,
changes or conditions) must be in writing and must be specific. For
example, proposals to "control noise" or "prevent stormwater runoff" are
inadequate, whereas proposals to "muffle machinery to X decibel" or
"construct 200-foot stormwater retention pond at Y location" are adequate.
(d) Mitigation measures which justify issuance of a mitigated DNS may
be incorporated in the DNS by reference to agency staff reports, studies
or other documents.
(6) A mitigated DNS is issued under WAC 197-11-340(2) , requiring a
fifteen-day comment period and public notice.
(7) Mitigation measures incorporated in the mitigated DNS shall be
deemed conditions of approval of the permit decision and may be enforced
in the same manner as any term or condition of the permit, or enforced in
any manner specifically prescribed by the county.
(8) If the county's tentative decision on a permit or appproval does
not include mitigation measures that were incorporated in a mitigated DNS
for the proposal, the county should evaluate the threshold determination
to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
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(9) The county 's written response under Subsection ( 2) of this
section shall not be construed as a determination of significance. In
addition, preliminary discussion of clarifications or changes to a
proposal, as opposed to a written request for early notice, shall not bind
the county to consider the clarifications or changes in its threshold
determination. [Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order
DE 84-25), § 173-806-100, filed 6/15/84. Formerly Chapter 173-805 WAC. ]
PART FIVE
ENVIRONMENTAL IMPACT STATEMENT
(EIS)
5. 1 Purpose of this Part and Adoption by Reference. This part contains
the rules for preparing environmental impact statements. The county
adopts the following sections by reference, as supplemented by this part:
WAC
197-11-400 Purpose of EIS.
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping (Optional).
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on nonproject proposals.
197-11-443 EIS contents when prior nonproject EIS.
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
[Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE 84-25) , §
173-806-110, filed 6/15/84. Formerly WAC 173-805-020. 1
5. 2 Preparation of EIS -- Additional Considerations.
(1) Preparation of draft and final EISs (DEIS and FEIS) and draft and
final supplemental EISs (SEIS) is the reponsibility of the responsible
official. Before the county issues an EIS, the responsible official shall
be satisfied that it complies with this ordinance and Chapter 197-11 WAC.
(2) The DEIS and FEIS or draft and final SEIS shall be prepared by
county staff, the applicant, or by a consultant selected by the county or
the applicant. If the responsible official requires an EIS for a proposal
and determines that someone other than the county will prepare the EIS,
the responsible official shall notify the applicant immediately after
completion of the threshold determination. (The responsible official shall
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also notify the applicant immediately after completion of the threshold
determination.,.. The responsible official shall also notify the applicant
of the county's procedure for EIS preparation, including approval of the
DEIS and FEIS prior to distribution®
(3) The county may require an applicant to provide information the
county does not possess, including specific investigations® However, the
applicant is not required to supply information that is not required under
this ordinance or that is being requested from another agency® (This does
not apply to information the county may request under another ordinance or
statute. ) [Statutory Authority: RCW 43® 21C® 130® 84-13-036 (Order DE
84-25), § 173-806-120, filed 6/15/84. Formerly WAC 173-805-100® ]
PART SIX
COMMENTING
6. 1 Adoption by Reference. This part contains rules for consulting,
commenting, and responding on all environmental documents under SEPA,
including rules for public notice and hearings® The county adopts the
following sections by reference, as supplemented in this part:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents®
197-11-508 SEPA Register.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment®
197-11-550 Specificity of comments®
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency®
[Statutory Authority: RCW 43® 21C® 130® 84-13-036 (Order DE 84-25) , §
173-806-128, filed 6/15/84. Formerly WAC 173-805-020® ]
6.2 Public Notice.
(1) Whenever Mason County issues a DNS under WAC 197-11-340(2) or a
DS under WAC 197-11-360(3) the county shall give public notice as
follows:
(a) If public notice is required for a nonexempt license, the notice
shall state whether a DS or DNS has been issued and when comments are due®
(b) If no public notice is required for the permit or approval, the
county shall give notice of the DNS or DS by:
(i) Posting the property, for site-specific proposals,
(ii) Notice by publication for commercial and industrial projects®
(c) Whenever the county issues a DS under WAC 197-11-360(3) , the
county shall state the scoping procedure for the proposal in the DS as
required in WAC 197-11-408 and in the public notice®
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(2) Whenever the county issues a DEIS under WAC 197-11-455(5) or a
SEIS under WAC 197-11-620, notice of the availability of those documents
shall be given by:
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(a) Indicating the availability of the DEIS in any public notice
required for a nonexempt license, and
(b) Posting the property, for site-specific proposals,
(c) Notifying public or private groups which have expressed interest j
in a certain proposal or in the type of proposal being considered,
(3) Whenever possible, the county shall integrate the public notice
required under this section with existing notice procedures for the
county's nonexempt permit(s) or approval(s) required for the proposal.
(4) The county may require an applicant to complete the public notice
requirements for the applicant ' s proposal at his or her expense.
[Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE 84-25) , §
173-806-130, filed 6/15/84. Formerly Chapter 173-805 WAC. 139 WAC. ]
6 . 3 Designation of Official to Perform Consulted A enc
Responsibilities for the County.
(1) The Department of General Services shall be responsible for
preparation of written comments for the county in response to a
consultation request prior to a threshold determination, participation in
scoping, and reviewing a DEIS.
(2) This department shall be responsible for the county's compliance
with WAC 197-11-550 whenever the county is a consulted agency and is
authorized to develop operating procedures that will ensure that responses
to consultation requests are prepared in a timely fashion and include data
from all appropriate departments of the county. [Statutory Authority:
RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-140, filed 6/15/84.
Formerly WAC 173-805-110. 1
(3) The department's actions are subject to the review and approval
of the Mason County Commissioners.
PART SEVEN
USING EXISTING ENVIRONMENTAL
DOCUMENTS
7. 1 Purpose of this Part and Adoption by Reference. This part
contains rules for using and supplementing existing environmental
documents prepared under SEPA or National Environmental Policy Act (NEPA)
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for the county°s own environmental compliance. The county adopts the
following sections by reference:
WAC
197-11-600 When to use existing environmental documents.
197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental impact statement - Procedures.
197-11-625 Addenda - Procedures.
197-11-630 Adoption - Procedures.
197-11-635 Incorporation by reference - Procedures.
197-11-640 Combining documents.
[Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE 84-25) , §
173-806-150, filed 6/15/84. Formerly WAC 173-805-020. 1
PART EIGHT
SEPA AND AGENCY DECISIONS
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8. 1 Purpose of this Part and Adoption by Reference. This part
contains rules (and policies) for SEPA`s substantive authority, such as
decisions to mitigate or reject proposals as a result of SEPA. This part
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also contains procedures for appealing SEPA determinations to agencies or
the courts. The county adopts the following sections by reference:
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WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation. j
197-11-680 Appeals.
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[Statutory Authority: 43. 21C. 130. 84-13-036 (Order DE 84-25) , §
173-806-155, filed 6/15/84. Formerly WAC 173-805-020. 1
8.2 Substantive Authority.
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( 1) The policies and goals set forth in this ordinance are L
supplementary to those in the existing authorization of Mason County. I'
(2) The county may attach conditions to a permit or approval for a
proposal so long as:
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(a) Such conditions are necessary to mitigate specific probable
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adverse environmental impacts identified in environmental documents
prepared pursuant to this ordinance; and
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(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions are
reasonable and capable of being accomplished; and
(d) The county has considered whether other local, state, or federal
mitigation measures applied to the proposal are sufficient to mitigate the
identified impacts; and
(e) Such conditions are based on one or more policies in Subsection
(4) of this section and cited in the license or other decision document.
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(3) The county may deny a permit or approval for a proposal on the
basis of SEPA so long as:
(a) A finding is made that approving the proposal would result in
probable significant adverse environmental impacts that are identified in
a FEIS or final SETS prepared pursuant to this ordinance; and
(b) A finding is made that there are no reasonable mitigation
measures capable of being accomplished that are sufficient to mitigate the
identified impact; and
(c) The denial is based on one or more policies identified in
Subsection (4) of this section and identified, in writing in the decision
document.
(4) The county designates and adopts by reference the following
policies as the basis for the county's exercise of authority pursuant to
this section;
(a) The county shall use all practicable means, consistent with other
essential considerations of state policy, to improve and coordinate plans,
functions , programs, and resources to the end that the state and its
citizens may:
(i) Fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
(ii) Assure for all people of Washington safe, healthful, productive_,
and aesthetically and culturally pleasing surroundings;
(iii) Attain the widest range of beneficial uses of the environment
without degradation, risk to health or safety, or other undesirable and
unintended consequences;
(iv) Preserve important historic, cultural, and natural aspects of our
national heritage;
(v) Maintain, wherever possible, an environment which supports
diversity and variety of individual choice;
(vi) Achieve a balance between population and resource use which will
permit high standards of living and a wide sharing of life 's amenities;
and
(vii) Enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
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(b) The county recognizes that each person has a fundamental and
inalienable right to a healthful environment and that each person has a
responsibility to contribute to the preservation and enhancement of the
environment.
(c) The county adopts by reference the policies in the following
county codes and plans: Uniform Building Code ; Mason County Shoreline
Master Plan.
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(5) Except for permits and variances issued pursuant to Chapter Seven I
of the County Code (Shoreline Master Plan for Mason County) , when any
proposal or action not requiring a decision of the County Commission is
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conditioned or denied on the basis of SEPA by a nonelected official, the
decision shall be appealable to the County Commission. Such appeal may be
perfected by the proponent or any aggrieved party by giving notice to the I
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responsible official within ten days of the decision being appealed.
Review by the County Commission shall be on a denovo basis [Statutory
Authority: RCW 43.21C. 130. 84-13-036 (Order DE 84-25), § 173-806-160,
filed 6/15/84. Formerly Chapter 173-805 WAC. ]
8.3 Appeals.
(1) Mason County establishes the following administrative appeal
procedures under RCW 43.21C.075 and WAC 197-11-680:
(a) Any agency or person may appeal the county ' s procedural
compliance with Chapter 197-11 WAC for issuance of the following:
(i) A final DNS : Appeal of the DNS must be made to the Board of
t
County Commissioners within thirty days of the date the DNS is final (see
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f
WAC 197-11-390(2)(a)). f
( i i ) A DS : The appeal must be made to the Board of County
Commissioners within thirty days of the date the DS is issued.
(iii) An EIS: Appeal of the FEIS must be made to the Board of County
Commissioners within 30 thirty days of the date the permit or other
approval is issued.
(b) For any appeal under this subsection, the county shall provide
for a record that shall consist of the following:
(i) Findings and conclusions;
(ii) Testimony under oath; and
(iii) A taped or written transcript.
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(c) The county may require the appellant to provide an electronic
transcript.
(d) The procedural determination by the county`s responsible official
shall carry substantial weight in any appeal proceeding.
(2) The county shall give official notice under WAC 197-11-680(5)
whenever it issues a permit or approval for which a statute or ordinance
establishes a time limit for commencing judicial appeal. [Statutory
Authority: RCW 43.21C. 130. 84-13-036 (Order DE 84-25) , § 173-806-170,
filed 6/15/84. Formerly .Chapter 173-805 WAC. ]
8.4 Notice/Statute of Limitations.
(1) The county, applicant for, or proponent of an action may publish
a notice of action pursuant to RCW 43®21C.080 for any action.
(2) The form of the notice shall be substantially in the form
provided in WAC 197-11-990. The notice shall be published by the county
auditor, applicant or proponent pursuant to RCW 43. 21C® 080. [Statutory
Authority: RCW 43. 21C. 130. 84-13-036 (Order DE 84-25) , § 173-806-173,
filed 6/15/84. Formerly WAC 173-805-135. 1
PART NINE
CATEGORICAL EXEMPTIONS
9. 1 Adoption by Reference. The county adopts by reference the
following rules for categorical exemptions, as supplemented in this
ordinance, including Part Four, 4.2 (Flexible Thresholds ) , Part
Four, 4.3 (Use of Exemptions) , and Part Ten, 10. 2 (Environmentally
Sensitive Areas):
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
[Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE 84-25) , §
173-806-180, filed 6/15/84. Formerly WAC 173-805-020. ]
PART TEN
AGENCY COMPLIANCE
10. 1 Purpose of this Part and Adoption by Reference. This part
contains rules for agency compliance with SEPA, including rules for
charging fees under the SEPA process, designating environmentally
sensitive areas, listing agencies with environmental expertise, selecting
the lead agency, and apply these rules to current agency activities. The
county adopts the following sections by reference, as supplemented by WAC
173-806-045 through 173-806-043 and this part:
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r:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one agency with juris—
diction.
197-11-932 Lead agency for private projects requiring licenses from more
than one agency, when one of the agencies is a county.
197-11-934 Lead agency for private projects requiring licenses from a
local agency, not a county, and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more
than one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
[Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE 84-25) , §
173-806-185, filed 6/15/84. Formerly WAC 173-805-020. 1
10.2 Environmentally Sensitive Areas.
(1) The map(s) filed under Ordinance 758 designate the location of
environmentally sensitive areas within the county and are adopted by
reference. For each environmentally sensitive area, the exemptions within
WAC 197-11-800 that are inapplicable for that area are: ( 1) , (2)(a)
through (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 sensitive areas of the county.
i
(2) The county shall treat proposals located wholly or partially
within an environmentally sensitive area no differently than other
proposals under the ordinance, making a threshold determination for all
such proposals. The county shall not automatically require an EIS for a
proposal merely because it is proposed for location in an environmentally
sensitive area.
(3) Certain exemptions do not apply on lands covered by water, and
this remains true regardless of whether or not lands covered by water are
mapped. [Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE
84-25), § 173-806-190, filed 6/15/84. Formerly WAC 173-805-050. ]
10. 3 Fees . The county shall require the following fees for its
- activities in accordance with the provisions of this ordinance:
(1) Threshold determination. For every environmental checklist the
county will review when it is lead agency, the county shall collect a fee
of $30.00 from the proponent of the proposal prior to undertaking the
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the threshold determination. The time periods provided by this ordinance
for making a threshold determination shall not begin to run until payment
of the fee. When the county completes the environmental checklist at the
applicant's request or under WAC 173-806-090(3) of this ordinance, an
additional $25.00 shall be collected®
(2) Environmental impact statement.
i
(a) When the county is the lead agency for a proposal requiring an
EIS and the responsible official determines that the EIS shall be prepared
by employees of the county, the county may charge and collect a reasonable
fee from any applicant to cover costs incurred by the county in preparing
I
the EIS. The responsible official shall advise the applicant(s) of the
projected costs for the EIS prior to actual preparation➢ the applicant
shall post bond or otherwise ensure payment of such costs®
f
(b) The responsible official may determine that the county will
contract directly with a consultant for preparation of an EIS, or a
portion of the EIS, for activities initiated by some persons or entity
other than the county and may bill such costs and expenses directly to the
applicant. The county may require the applicant to post bond or otherwise
ensure payment of such costs. Such consultants shall be selected by
mutual agreement of the county and applicant after a call for proposals®
(c) If a proposal is modified so that an EIS is no longer required,
the responsible official shall refund any fees collected under (a) or (b)
of this subsection which remain after incurred costs are paid®
(3) The county may collect a reasonable fee from an applicant to
i
cover the cost of meeting the public notice requirements of this ordinance
relating to the applicant's proposal®
(4) The county shall not collect a fee for performing its duties as a
consulted agency.
(5) The county may charge any person for copies of any document
prepared under this ordinance, and for mailing the document, in a manner
provided by Chapter 42. 17 RCW. [Statutory Authority: RCW 43® 21C® 130®
84-13-036 (Order DE 84-25), § 173-806-200, filed 6/15/84. Formerly WAC
173-805-130. 1
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10.4 Effective Date. The effective date of this ordinance is October
1, 1984. [Statutory Authority: RCW 43. 21C. 1-30. 84-13-036 (Order DE
84-25), § 173-806-205, filed 6/15/84. Formerly Chapter 173-805 WAC. ]
10. 5 Severability. If any provision of this ordiance or its
I
application to any person or circumstance is held invalid, the remainder
of this ordinance, or the application of the provision to other persons or
i
circumstances , shall not be affected. [Statutory Authority: RCW
43.21C.130. 84-13-036 (Order DE 84-25) , § 173-806-220, filed 6/15/84.
Formerly WAC 173-805-140. 1
PART ELEVEN
FORMS
11. 1 Adoption by Reference. The county adopts the following forms and
sections by reference: y
WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of nonsignificance (DNS).
197-11-980 Determination of significance and scoping notice (DS).
197-11-985 Notice of asumption of lead agency status.
197-11-990 Notice of action.
[Statutory Authority: RCW 43. 21C. 130. 84-13-036 (Order DE 84-25) , §
173-806-230, filed 6/15/84. Formerly WAC 173-805-020. 1
DATED this 1st day of October, 1984 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTO
Chairman
Commis over
issioner
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Mason County Deputy
( Prosecuting Attorney
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