HomeMy WebLinkAboutord1984-0871
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DATE: August 16, 1984 INTRODUCED BY:
PROPOSED BY:
ORDINANCE NO. 54 -87
Consent
ADMINISTRATION
AN ORDINANCE AMENDING THE WHATCOM COUNTY
SEPA ORDINANCE (W.C.C. CHAPTER 16.08)
WHEREAS, the State Department of Ecology has adopted new
State Environmental Policy Act (SEPA) rules and guidelines; and,
WHEREAS, said rules and guidelines became effective on
April 4, 1984; and,
WHEREAS, RCW 43.21C.120 requires that the County adopt local
rules consistent with the State rules and guidelines not later than
180 days after the effective date of such rules and guidelines; and,
WHEREAS, it is the intent of Whatcom County to:
(a) Interpret and administer the policies,regulations and
laws of the State of Washington in accordance with the policies set
forth in SEPA and the new rules and guidelines;
.(b) Find ways to make the SEPA process more useful to
decision - makers and the public by promoting certainty regarding the
requirements of the act; reducing paperwork and the accumulation of
extraneous background data and emphasizing important environmental
impacts and alternatives;
(c) Prepare environmental documents that are concise, clear
and to the point, and are supported by evidence that the necessary
environmental analyses have been made;
(d) Initiate the SEPA process early in conjunction with
other agency operations to avoid delay and duplication;
(e) Integrate the requirements of SEPA with existing agency
planning and licensing procedures and practices so that such pro-
cedures run concurrently rather than consecutively;
(f) Encourage public involvement in decisions that
significantly affect environmental quality;
IORDINANCE - 1.
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(g) Identify, evaluate and require or implement, where
appropriate, reasonable alternatives that would mitigate adverse
effects of broposed actions on the environment; and,
WHEREAS, the adoption of this ordinance will implement {the
foregoing intent;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County
Council that the Whatcom County SEPA Ordinance, Chapter 16.08 of
the Whatcom County Code, is hereby amended in its entirety. The
new provisions shall be as set forth in Exhibit "A" which is
attached hereto and incorporated herein.
This ordinance shall expire on December 31, 1984.
PASSED this 20th day of September 1984.
WH� COM COUNTY COUW IL
WK,TCOM COUNTY/ WAAHINGTON
ATTEST:
&1",
Carol Ebergson
Clerk of the C uncil
APPROVED AS TO FORM:
RANDALL J. WATTS
Civil Deputy Prosecuting
Attorney
CRAIG. VCQ'LE,"
Chair- Arson
APPROVED ( ) VETOED
X. L 4'.'
Shirley Vah Zante
Whatcom County Executive
DATE: September 21, 1984
Published August 29, 1984 and September 26, 1984
This Ordinance shall become effective on October 1. 1984.
ORDINANCE - 2.
TABLE OF CONTENTS
PAGE
PART ONE
AUTHORITY
16.08.010 Authority .............. ..............................1
PART TWO
GENERAL REQUIREMENTS
16.08.020
Purpose of this part and adoption by reference . .:.............. 1
16.08.030
Additional definitions. ... ........................
1 -2
16.08.040
Designation of responsible official. .. .................
2
16.08.045
Designation of Environmental Review Committee ...............
2
16.08.050
Lead agency determination and responsibilities ...............
2 -3
16.08.055
Additional considerations in time limits
PART FOUR
applicable to the SEPA process ...........................
3 -4
16.08.058
Additional timing considerations ............................
4
PART THREE
CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
16.08.065
Purpose of this part and adoption by reference .
................ 4
16.08.070
Flexible thresholds for categorical exemptions .
................ 5
16.08.080
Use of exemptions ....... ...............................
5
16.08.090
Environmental checklist ..................................
6
16.08.100
Mitigated DNS . ...... ...............................
6 -7
PART FOUR
ENVIRONMENTAL IMPACT STATEMENT (EIS)
16.08.110
Purpose of this part and adoption by reference.
................ 7 -8
16.08.120
Preparation of EIS - Additional considerations ..................
8
PART FIVE
COMMENTING
16.08.1.28 Adoption by reference .. ............................... 8 -9
16.08.130 Public Notice. . ... ..... ............... 9 -10
16.08.140 Designation of official to perform consulted
agency responsibilities for the county....................... 10
PART SIX
USING EXISTING ENVIRONMENTAL DOCUMENTS
16.08.150 Purpose of this part and adoption by reference. ................ 10
PART SEVEN
SEPA AND AGENCY DECISIONS
16.08.155 Purpose of this part and adoption by reference . ............... 10
16.08.160 Substantive authority ....... ..........................11 -12
16.08.170 Appeals. .. ... ..........................12 -13
16.08.173 Notice /statute of limitations ............................. 13
PAGE
PART EIGHT
DEFINITIONS
16,08.175 Purpose of this part and adoption by reference . .............13 -14
PART NINE
CATEGORICAL EXEMPTIONS
16.08.180 Adoption by reference. . . . ..................... 14
16.08.230 Adoption by reference.... . ............................... 17
PART TEN
AGENCY COMPLIANCE
16.08.185
Purpose of this part and adoption by reference . ...............
15
16.08.190
Environmentally sensitive areas . ..........................
15
16.08.200
Fees .................. .............................16
16.08.205
Effective date ................... 0 ................... 0
16
16.08,220
Severability , . .............. 0. '.... • . . • • • • • • • ........ • ..
17
PART ELEVEN
FORMS
16.08.230 Adoption by reference.... . ............................... 17
PART ONE
AUTHORM
16.08.010 Authority. The county of Whatcom adopts this ordinance under the State
Environmental Policy Act ($EPA), 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.
PART TWO
GENERAL REQUIRRMENT3
16.08.020 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 71.1 -080 Incomplete or unavailable information.
197 -11 -090 Supporting documents.
197 -11 -100 Information required of applicants.
16.80.030 Additional definitions. In addition to those definitions contained within
WAC 197 -11 -700 through 197 -11 -799, when used in this ordinance, the
following terms shall have the following meanings, unless the context
indicates otherwise:
(1) "Department" means any division, subdivision or organizational unit of
the county established by ordinance, rule, or order.
(2) "SEPA rules" means chapter 197 -11 WAC adopted by the department
of ecology.
(3) "Ordinance" means the ordinance, resolution, or other procedure used
by the county to adopt regulatory requirements.
(4) "Early notice" means the county's response to an applicant stating
whether it considers issuance of a determination of significance likely for
the applicant's proposal (mitigated determination of nonsignificance (DNS)
procudures).
(5) "ERC" means Environmental Review Committee established in
subsection .045 of this ordinance.
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(6) "Responsible Official" shall mean the Director of Public Works or
his /her designee.
16.08.040 Designation of responsible officiaL (1) For those proposals for which the
county is the lead agency, the responsible official shall be the Director of
Public Works or his /her designee.
(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 WAC 173- 806 -0200
(3) The county shall retain all documents required by the SEPA rules
(chapter 197 -11. WAC) and make there available in. accordance with chapter
42.17 RCW..
(4). The responsible offical shall. per. st4 e. at meetings of the Environmental
Review Committee and m.ant0in ttie ;County register of environmental
consultants,
16,08.44.5'. Designation of Environmental Review ,Committee. (1) There is hereby
created an Environmental Review Committee composed of the following
public officials or their designated representative: Director of Public
.Works, County Engineer, Director of Planning, Director of Environmental
Health, Director of County Parks, and Prosecuting Attorney.
(2) The committee shall have the responsibility to assist the responsible
official, when consulted, in making threshold determinations, determining
the scope of Environmental. Impact Statements, selecting consultants,
preparing Environmental Impact Statements, and similar functions as
requested.
(3) The committee shall also recommend to the County Council
amendments to this ordinance when found necessary to adjust the fees,
make corrections, or make ad41ttops in order to be. current with WAC 197-
11.
(4) The committee shall also periodically review and propose revisions in
the designation of environmentally sensitive areas.
(5) The committee shall adopt such procedures as it deems necessary to
carry out its functions and responsibilities.
(6) Matters to be considered by ERC may be initiated by any of its
members or by any County department.
16.08.050 Lead agency determination and responsibilities. (1) The county, when
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 department is aware that
another department or agency is in the process of determining the lead
agency.
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i2) When the county is the lead agency for a proposal, the, responsible
official shall supervise compliance with the threshold determination
requirements, and if an EIS is ngcessary, shall superyise�. preparation .of the
EIS,
-(3) When the county is not the lead agency for a proposal, all departments
of . the county shall use and consider, as appropriate, either the DNS or the
final EIS of the lead agency in makingg 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 1.97 -11 -6009
(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 maybe. initiated by
the responsible official.
(5) The responsible official is. authorized to make agreements as to lead
agency status or shared lead agency duties for a proposal under WAC 1-97 -
11 -9.42 and 197 -11- 944: Provided, that the responsible official and any
department that will incur responsibilities as the result of such agreement
approve the agreement.
(6) Any lead agency determination for a private project shall include
sufficient information from the applicant to identify which other agencies
have jurisdiction over the proposal (That is: Which agencies require
nonexempt licenses ?).
16.08.055 Additional considerations in time limits applicable to the SEPA process.
The following time limits (expressed in calendar days) shall apply when the
county processes licenses for all private projects and those governmental
proposals submitted to the county by other agencies:
(1) Categorical exemptions. The county shall identify whether an action is
categorically exempt within seven days of receiving a completed
application.
(2) Threshold determinations.
(a) The county should complete threshold determinations that can be based
solely upon review of the environmental checklist for the proposal within
fifteen days of the date an applicant's adequate application and completed
checklist are submitted.
(b) When the responsible official requires further information from the
applicant or consultation with other agencies with jurisdiction:
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,(i). The county should request such further information within fifteen days
of receiving an adequatei application and completed environmental
checklist;
(ii) ,. The county shall wait no langer-:than thirty days for a consulted agency
o. respond;
(iii) The responsible official should complete the threshold determination
Within fifteen days of receiving the requested information from the
applicant or the consulted agency,
(c) The county shall complete threshold determinations on actions where
the applicant recommends in writing that an EIS be prepared, because of
the :probable significant adverse environmental impact(s) described in the
application, within fifteen days of receiving an adequate application and
completed checklist.
16.08.058 Additional timing consideratio mP (1). For nonexempt proposals, the DNS or
draft EIS for the proposal ahall: 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 .pri.or to submission of the detailed plans and
specifications.
PART THREE
CATEGORICAL EXEMPTIONS AND
THRESHOLD DETERMINATIONS
16.08.065 Purpose of this part and adoption by reference. This part contains the rules
for deciding whether a proposal has a "probable 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.
1.97 -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.
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1B.08 Q 0 ' 7.1eaible thresholds for categrorical exemptions. (1) Whatcom County
establishes the following 'exempt levels for minor new construction under
WAC 197- 11- 800(1)(b) based. Jr local, conditions:
(a) For residential dwelling: units in WAC 197- 11- 800(1)(b)(i): Up to 20
Awelling units.
(b) For agricultural struptures -An .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)(iii1: Up to 1.2,000 square feet and up to
40 parking spaces.
(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).
16.08.08.0 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 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
/ equirements 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 modifications
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.
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16.08.090 Environmental checklist. (1) A completed 'environmental checklist (or a
copy), in the form provided in WAC 197 -11 -960, shall be filed at the same
time as an application for a permit, license, certificate, or other approval
not specifically exempted in this ordinance; except, a checklist is not
needed if the county and applicant agree an EIS is required, SEPA
compliance has been completed, or SEPA compliance has been initiated by
another agency. The county shall use the environmental checklist to
determine the lead agency and, if the county is the lead agency, for
determining the responsible official and for making the threshold
determination.
(2) For private 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.
(3) The county may require that it, and not the private applicant, will
complete all or part of the environmental checklist for a private proposal,
if either of the following occurs;
(a) The county has technical information on a question or questions that is
unavailable to the private applicant; or
(b) The applicant has provided inaccurate information on previous
proposals or on proposals currently under consideration.
16.08.100 Mitigated DNS. (1) As provided in this section and in WAC 197 -11 -350, the
responsible official may issue a DNS based on conditions attached to the
proposal by the responsible official or on changes to, or clarifications of,
the proposal made by the applicant.
(2) An applicant may request in writing early notice of whether a DS is
likely under WAC 197 -11 -350. The request must:
(a) Follow submission of a permit application and environmental checklist
for a nonexempt proposal for which the county is lead agency; and
(b) Precede the county's actual threshold determination for the proposal.
(3) The responsible official should respond to the request for early notice
within 1.0 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
identification of impacts to the extent necessary to formulate mitigation
measures.
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(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
.ma ; ke 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 _ ou X decibel" or "construct. 20049ot
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 Ao. 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. publie 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 approval 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).
(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.
PART FOUR
ENVIRONMENTAL IMPACT STATEMENT
(EIS)
16.08.110 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:
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WAC
197 -11 -400
197 -11 -402
197,41 -405
197 -11 -406
197 -11 -408
197 -11 -410
197 -11 -420
197 -11 -425
197 -11 -430
197 -11 -435
197 -11 -440
197 -11 -442
197 -11 -443
197 -11 -444
197 -11 -448
19.7 -11 -450
197 =11 -455
107-11-460
Puspose of EIS.
General requirpmppts....
EIS types.
EIS timing.
Scoping.
Expanded scoping. (Optional)
EIS preparation.
Style and size.
Format.
Cover letter or memo.
EIS contents.
Contents of EIS on nonproject proposals.
EIS contents when prior nonproject EIS.
Elements of the environment.
Relationship of EIS to other considerations.
Cost - benefit analysis.
Issuance of DEIS,
Issuance of FEIS. `
16.08_ .120 Preparation of EIS — Additional oonsiderations. (1) Preparation of draft
and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SETS)
Is the responsibility of Public Works under the direction of the responsible
official.. Before the county issues an EIS, the responsible official shall: be
satisfied that it complies with this ordinance and chapter 1.97-11 VAC.
(2) The DEIS and FEIS or draft and final SETS shall be prepared by county
staff, the applicant, or by a consultant selected consistent with
16.08.200(2)(b). If the responsible official requires an EIS for a proposal
and determines that someone other than the, county will prepare the EIS,
the responsible official shall notify the applicant immediately after
completion of the threshold. determination. The responsible official shall
also notify the applicant 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.)
PART FIVE
COMMENTING
16.08.128 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
197 -11 -502
197-11 -504
197 -11 -508
197 -11 -535
197 -11 -545
197 -11 -550
197 -11 -560
197,11 -570
Purpose of this part.
Inviting comment.
Availability and cost of environmental documents.
SEPA register.
Public hearings and meetings.
Effect of no comment.
Specificity of comments.
FEIS response to comment.
Consulted agency costs to assist lead agency.
16.08.150 Public Node& (1) Whenever Whateom Count issues a DNS under WAC
197 -11- 340(2) or a DS under 1;
WAC 97 -11 -360 3) the county shall give. a
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.
fb) If no public notice is required. for. the permit .or approval, the county
shall give notice of the DNS or D' byd
als, P� .
i) - Posting the property, for ,se- �s
itpecife P ro car
(ii) ;Publishing notice in a newspaper of general circula #ion in the co�inty,
city or general area where the proposal is located-
or '
(iii) Notifying public or private groups which have.expressed interest in a
certain proposal or in the type, of; proposal being considered; or
(iv) Notifying the news m.edia::`:
(c) Whenever the county issues a DS under WAC. 197 -11- 360(3), the county
shall state the scoping procedure for the proposet in the DS as required in
WAC 197 -11 -408 and in the publie:notice.
(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;
(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; or
(c) Publishing notice in a newspaper of general circulation in the county,
city, or general area where the proposal is located; or
(d) Notifying public or private groups which have expressed interest in a
certain proposal or in the type of proposal being considered; or
(e) Notifying the news media.
(3) The County may 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.
16.0.8.140 Designation of official to perform consulted agency responsibilities for the
cgm�ty. (1) The Director . of Public Works .shall be responsible. for
preparation of written comments for the county in response to a
consultation request prior to :e_ threshold determination, participation in
scoping,, and reviewing a DEIS,
(2) This person 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
i'rom all appropriate departments of the county.
PART SIR
USING EXISTING `ENVUtONMENTAL
DOCUMENTS
16.08.100 Purpose of this pert and adoption by reference. This part contains rules for
using and supplementing existing environmental documents prepared under
SEPA or National Environmental Policy Act (NEPA) for the county's own
environmental compliance. The county adopts the following sections by
reference:
WAC
197 -11 -600 When to use existing environmental documents.
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.
PART SEVEN
SEPA AND AGENCY DECISIONS
16.08.155 Purpose of this pert and adoption by reference. This part
(and policies) for SEPA's substantive authority, such as
mitigate or reject proposals as a result of SEPA. This part
procedures for appealing SEPA determinations to agencies
The county adopts the following sections by reference:
WAC
197 -11 -650 Purpose of this part.
197 -11 -655 Implementation.
197 -11 -660 Substantive authority and mitigation.
197 -11 -680 Appeals.
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contains rules
decisions to
also contains
or the courts.
16.08,164 Substantive authority. (1) The policies and goals set forth in this ordinance
are.' supplementary to those in the existing authorization of Whatcom
County.
(2) The county may attach conditions to a permit or approval for a
proposal so long as:
(a) Such conditions are ne.cessarv, to mitigate specific probable adverse
environmental impacts identified in ` environmental documents prepared
pursuant to this ordinance;. and.
(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions are reasonable and
capable of being accomplishedf.god
(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.
(3) The county may deny a Rermit;.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 SEIS prepared pursuant to this ordinance; and
(b) A finding is made that there are no reasonable mitigation measures
capable of being accomplished that are sufficient to mitigate the identified
impact; and
(c) The denial is based on one or more policies identified in subsection (4)
of this section and identified in writing in the decision document.
(4) The county designates and adopts by reference the following policies as
the basis for the county's exercise of authority pursuant to this section:
(a) The county shall use all practicable means, consistent with other
essential considerations of state policy, to improve and coordinate plans,
functions, programs, and resources to the end that the state and its citizens
may:
(i) Fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;
(ii) Assure for all people of Washington safe, healthful, productive, and
aesthetically and culturally pleasing surroundings;
(iii) Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety, or other undesirable and unintended
consequences;
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b
v . Preserve important b1storlef °; cultural, and.. natural aspects of our
national. heritage;
(v). Maintain, wherever possible_ . an.: environment which supports diversity
and variety of individual choice;
NO Achieve a balance between population and resource use which will
permit high standards of living and a wide sharing of life's amenities; and
(vii) Enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
(b) The county recognizes that each person has a fundamental and
inalienable right to a healthful environment and that each person has a
responsibility to contribute to the : `preservation and enhancement of the
environment.
e) The county adopts by reference the policies in, the following county
documents:
Whatcom County Comprehensive Land Use Plan (inclusive of goal
statements and all Subarea components)
Whatcom County Shoreline Management Program
Whatcom County Subdivision .Ordinance
Whatcom County Solid Waste. Management Plan
All official land use controls, adopt by Whatcom County
(5) Except for permits and variances issued pursuant to the Shoreline
Management Program of the county, when any proposal or action not
requiring a decision of the county council is conditioned or denied on the
basis of SEPA by a nonelected official, the decision shall be appealable to
the county council. Such appeal may be perfected by the proponent or any
aggrieved party by giving notive to the responsible official within ten days
of Abe decision being appealed. Review by the - county council shall be on a
de novo basis.
16.08.170 Appeals. (1) Whatcom County establishes the following administrative
appeal procedures under RCW 43.210.075 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 by filing with the
Bureau of Buildings and Code Administration (see 16.08.2,00(1)(b) for fee):
(1) A final DNS: Appeal of the DNS must be made to the Hearing Examiner
within 10 days of the date the DNS is final (see WAC 197- 11- 390(2)(a)).
(ii) A DS: The appeal must be made to the Hearing Examiner within 10
days of the date the DS is issued.
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I
..(b) For any appeal under this subsection, the county shall provide a record
:pf review that shall consist Q# filec�ouving:
`(i)' Findings and conclusions;
Testimony under oath; and
(iii) A taped or written transcript.
(c) The procedural determination by the county's responsible official shall
carry substantial weight in any appeal proceeding.
(d) The Hearing Examiner shall reverse the threshold determination of the
responsible official if the determination is found to be clearly erroneous. A
determination is clearly erroneous when, although there is evidence to
support it, the Hearing Examiner,. on the entire evidence, is left with the
definite and firm, conviction that a mistake has been committed.
(2) The county shall give official notice under WAC 197 -11- 680(1)
whenever it issues a permit. or approval for which a statute or ordinance
establishes a time limit for eomenoing judicial appeal.
16.0$.173 lRotice /statute of limitations. (1) The county, applicant for, or proponent
of an action may publish a notice of; on pursuant to RCW 43.21C.080 for.
y 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 responsible official,
applicant or proponent pursuant-to RCW 43.21C.080.
PART EIGHT
DEFINMONS
16.08.175 Purpose of this part and adoption by reference. This part contains uniform
usage and definitions of terms under SEPA. The county adopts the
following sections by reference, as supplemented by WAC 173 - 806 -040:
WAC
197 -11 -700
Definitions.
197 -11 -702
Act.
197 -11 -704
Action.
197 -11 -706
Addendum.
1.97 -11 -708
Adoption.
197.11 -710
Affected tribe.
197 -11 -712
Affecting.
197 -11 -714
Agency.
197 -11 -716
Applicant.
197 -11 -718
Built environment.
197 -11 -720
Categorical exemption.
197 -11 -722
Consolidated appeal.
197 -11 -724
Consulted agency.
197 -11 -726
Cost - benefit analysis.
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' x97 -1i -728
197.! -11 -730
197 -11 -732
197 -11 -734
197 -11 -736
197 -11 -738
197 -11 -740
197 -11 -742
197 -11 -744
197 -11 -746
197 -11 -748
197 -11 -750
197 -11 -752
197 -11 -754
-197 -11 -756
197 -11 -758
197 -11 -760
197 -11 -762
197 -11 -764
197 -11 -766
197 -11 -768
197 -11 -770
197 -11 -772
197 -11 -774
197 -11 -776
197 -11 -778
197 -11 -780
197 -11 -782
197 -11 -784
197 - -11 -786
197 -11 -788
197 -11 -790
197 -11 -792
197 -11 -793
197 -11 -794
197 -11 -796
197 -11 -797
197 -11 -799
County /city.
Decision maker.
Department. `
Determination of nonsignificance (DNS).
Determination of significance (DS).
EIS.
Environment.
Environmental checklist.
Environmental document.
Environmental review. .
Environmentally sensitive area.
Expanded scoping.
Impacts.
Incorporation by reference..
Lands covered by
Lead agency.
License.
Local agency.
Major action.
Mitigated DNS.
Mitigation.
Natural environment.
NEPA.
Nonproject.
Phased review.
Preparation.
Private project.
Probable.
Proposal.
Reasonable alternative.
Responsible official.
SEPA.
Scope.
Scoping.
Significant.
State agency.
Threshold determination.
Underlying governmental action.
PART NINE
CATEGORICAL EXEMPTIONS
16.08.180 Adoption by reference. The county adopts by reference the following rules
for categorical exemptions, as supplemented in this ordinance, including
WAC 173 - 806 -070 (Flexible thresholds), WAC 173- 806 -080 (Use of
exemptions), and WAC 173 -806 -190 (Environmentally sensitive areas):
WAC
197 -11 -800 Categorical exemptions.
197 -11 -880 Emergencies.
197 -11 -890 Petitioning DOE to change exemptions.
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PART TEN
AGENCY COMPLIANCE
16.08.185 Ptwpose. of this part and adoption by reference. This part contains rules for
agency compliance with SEPA, including rules for charging fees underAhe
SEPA process, designating environmentally sensitive. areas, listing agencies
with environmental expertise, selecting the lead agency, and applying these
rules to current, agency activities, " The county adopts the following
eetons by
reference, as supgiemented by WCC 16,08,050:
„WAC
'97 -11 -900
Purpose of this part. r
197 -11 -902
Agency SEPA policies.
197 -.11 -916
Application to .ongoing• actions.
117= 11- 920gencies
with environental expertise_ . .
197.11 -922
Lead agency rules.
1-97,41-924
Determining theJead agency.
19.7 -11 -926
Lead agency for governmental proposals.
J-97�11 -928
Lead agency for public and private proposals.
4_97 -11 -930
Lead agency for private: projects with one agency with
jurisdiction.
197 -11 -932
Lead agency for private projects requiring licenses from more
than one agency, when one of the agencies is a county /city.
'191-11-934
Lead agency for, private-projects requiring licenses from a
local agency, ngt a eµnty /city, and one or more state
agencies.
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 divisiorvof lead agency duties.
197 -11 -946
DOE resolution of lead agency disputes.
197 -11 -948
Assumption of lead agency status.
16.08.190 Environmentally sensitive areas. (1) Whatcom County shall designate
environmentally sensitive areas under the standards of WAC 197 -11 -908
and shall file maps designating such areas, together with the exemptions
from the list in WAC 197 -11 -908 that are inapplicable in such areas, with
the Department of Ecology, Headquarters Office, Olympia, Washington.
The environmentally sensitive area designations shall have full force and
effect of law as of the date of filing.
(2) The county shall treat proposals located wholly or partially within an
environmentally sensitive area no differently than other proposals under
this 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.
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(a) For every environmental checklist the county will review when it is
lead agency, the county shall collect a fee of $25.00 from the proponent of
the proposal (county proposals excepted) prior to undertaking the threshold
determination. The time periods provided by this ordinance for making a
threshold determination shall not begin to run until payment of the fee,
.When the county completes .the environmental checklist at the applicant's
:request or under, WCC 16.08.090(3) of this ordinance, an additional $2200
Ver hour shall be collected.)
ib) A filing fee of $100.00 shall be charged for appeals under 16.08.17.0.
The fee shall not apply to County Dspart0nents..
(2) Lntnronnental impact, stnteent.
"(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 reasonable fee
from any applicant to cover costs incurred by the county in preparing the
EIS. The responsible official shall advise the applicant of the projected
costs for the EIS prior to actual. preparation; the applicant shall post bond
or otherwise ensure payment of such costs.
(b) The responsible official may determine that the county will contract
directly with a consultant for preparation of an EIS, or a portion of the EIS,
for activities initiated by some persons or entity other than the county and
may bill such costs and expenses directly to the applicant. The county may
require the applicant to post bond or otherwise ensure payment of such
costs. Such consultants shall be selected by mutual agreement of the
county and applicant; provided, if agreement cannot be reached the
applicant shall select a consultant from a list of no less than 3 qualified
consultants supplied by the County.
(c) If a proposal is modified so that an EIS is no longer required, the
responsible official shall refund any fees collected under (a) or (b) of this
subsection which remain after incurred costs are paid.
(3) The county may collect a reasonable fee from an applicant to cover the
cost of meeting the public notice requirements of this ordinance relating to
the applicant's proposal.
(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.
16.08.205 Effective date. The effective date of this ordinance is October 1, 1984.
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