HomeMy WebLinkAboutord1984-1221 DATE: December 6, 1984 INTRODUCED BY: Roehl
2 PROPOSED BY: Planning & Dev. Comm.
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ORDINANCE NO. 84 -122
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5 AN ORDINANCE AMENDING THE WHATCOM
COUNTY SEPA ORDINANCE ( WHATCOM
6 COUNTY CODE CHAPTER 16.08)
WHEREAS, the State Department of Ecology has adopted new
8 State Environmental Policy Act (SEPA) Rules and Guidelines; and,
9 WHEREAS, said rules and guidelines become effective on
10 April 4, 1984; and,
11 WHEREAS, RCW 43.21(C)120 requires that the County adopt
12 local rules consistent with the State Rules and Guidelines not
13 later than 180 days after the effective date of such rules and
14 guidelines; and,
15 WHEREAS, the Whatcom County Council on April 1, 1984
16 adopted Ordinance No. 84 -87 adopting these SEPA guidelines; and,
17 WHEREAS, Ordinance No. 84 -87 was set to expire on
18 December 31, 1984 which was to allow the Planning and Development
19 Committee to look into the SEPA ordinances to see if there were
20 any other adoptions; and,
21 WHEREAS, the Planning and Development Committee has come
22 up with some suggested amendments in addition to those which were
23 originally set forth in 84.87; and,
24 WHEREAS, the Planning and Development Committee has
25 agreed to prepare for the Council the amendments which were
26 originally adopted as well as the new amendments and request that
27 the Council pass these; and,
28 WHEREAS, the amendments which were originally enacted
29 are set forth in Exhibit "A" which is attached hereto and incorpora-
30 herein by reference, and the amendments which the Planning and
31 Development Committee has come forth with since that
32 time are put forward in Exhibit "B" which is attached hereto and
ORDINANCE - 1.
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incorporated herein by reference. Adoption of these amendments
will implement the intent of the State Environmental Policy Act.
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 by re-
adopting the amendments which were passed in Ordinance No. 84 -87
and set forth in Exhibit "A" and incorporated by reference herein
as if fully set forth in this ordinance;
BE IT FURTHER ORDAINED that unless Exhibit "A" is
specifically amended by Exhibit "B ", it shall be infull force
and effect; however, where Exhibit "B" is inconsistent with
Exhibit "A ", Exhibit "B" shall take precedence and amend Exhibit "A'
Exhibit "B" shall also be adopted and incorporated by reference
as if fully set forth herein.
PASSED this 20th day of December 1984.
WHATCOM COUNTY COUNCIL
WHATCO,W—bUNTY, WASHINTgTON
ATTEST:
1 `1
CAROL EBE GSOMncil
Clerk of the
APPROVED AS TO FORM:
DALL J. MTTS,
Deputy Pro cutinq Attorney
BY:
CRAIG QOkE,"
Counci Chairperson
(✓ /APPROVED ( ) VETOED
ILL L
SHIRLEY VAN ZANTg,
WHATCOM COUNTY EXECUTIVE
DATE: December 21, 1984
Published 12/12 and 12126184
This ordinance shall become effective on December 31, 1984
ORDINANCE - 2.
EXHIBIT "A"
WHATCOM COUNTY
ENVIRONMENTAL POLICY ADMINISTRATION
TITLE 16
CHAPTER 16.08
TABLE OF CONTENTS
PART ONE
AUTHORITY
PAGE
1.6.08.01.0 Authority .............. ..............................1
PART TWO
GENERAL REQUIREMENTS
1.6.08.020
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
16.08.1.00
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
1.6.08.128 Adoption by reference .. ............................... 8 -9
16.08.1 30 Public Notice. ... ..... ....... .......... 9 -10
1 A,000 40 pokignation of official to parrorm 0011multed
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
SF.PA AND AGENCY DECISIONS
16.08.1.55 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
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 ......... ...............................
16
1.6.08.220
Severability . ........................................
17
PART ELEVEN
FORMS
1.6.08.230 Adoption by reference ... ............................... 17
4'
PART ONE
AUTHORITY
16.08.010 Authority. The county of Whateom adopts this ordinance under the State
Environmental Policy Act (SEPA), RCW 43.210.120, 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 REQUIREMENTS
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
1.97 -11 -040 Definitions.
197 -11 -050 Lead agency.
1.97 -1.1 -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.
1.6.80.030 Additional definitions. In addition to those definitions contained within
WAC 1.97 -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 -020.
(3) The county shall retain all documents required by the SE..PA rules
(chapter 197 -1.1 WAC) and make them available in accordance with chapter
42.17 RCW.
(4) The responsible offical shall preside at meetings of the Environmental
Review Committee and maintain the County register of environmental
consultants.
16.08.045 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 additions in order to be current with WAC 197-
(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.
1E.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 -1.1 -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.
(2) 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 necessary, shall supervise preparation of the
EIS.
(3) When the county is not the lead agency for a proposal, all departments
of the county shall use and consider, as appropriate, either the DNS or the
final EIS of the lead agency in making decisions on the proposal. No county
department shall prepare or require preparation of a DNS or EIS in addition
to that prepared by the lead agency, unless required under WAC 197 -11-
600. In some cases, the county may conduct supplemental environmental
review under WAC 197 -11 -600.
(4) If the county or any of its departments receives a lead agency
determination made by another agency that appears inconsistent with the
criteria of WAC 1.97 -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 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 197 -
11 -942 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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(1) The county should request such further information within fifteen days
of receiving an adequate application and completed environmental
checklist;
(ii) The county shall wait no longer than thirty days for a consulted agency
to 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 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.
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 (F.IS)
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
1.97 -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.
16.08.070 Flexible thresholds for cabg=ieal e=emptions. (1) Whatcom 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 baits in WAC 197- 11- 800(l)(b)(i): Up to 20
dwelling units.
(b) For agricultural strpetnres kn 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- ].1- $00(1)(b)(iii)s Up to 12,000 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).
16.08.080 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
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 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.
W. 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.
(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 proposals
(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 determinatian, iuittg a DNS or DS as, appropriate.
(e) The applicant's proposed mitigation measures (clarifications, changes or
conditions) must be in writing =4 must be specific. For example, proposals
to "control noise" or "prevent s,k",Water runoff" are inadequate, whereas
proposals to "muffle machi $ decibel". or "construct 200 -foot
stormwater retention pond. at Y; a Ion" are adequate.
(d) Mitigation measures Wbtg.h justify issuance of a mitigated DNS may be
Incorporated in the DNS b"d tc> $gsnegt staff reports, studies or
other documents.
(6) A mitigated DNS in. iai under WAC 197 -11- 340(2), requiring a
fifteen -day comment period :and p*la 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 1$7- 11- 340(3)(4) (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
(Els)
16.0p.110 Purpose of this part and adoptim by referermm This part contains the rules
for preparing environmental impact statements. The county adopts the
following sections by reference, as supplemented by this parts
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WAC
197 -11 -400 Puspose 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 -1.1-440 EIS contents.
197 -11 -442 Contents of EIS on nonproject proposals.
197 -1t. -443 EIS contents when prior nonproject EIS.
197 -11 -444 Elements of the environment.
1.97 -11-448 Relationship of EIS to other considerations.
197 -11 -450 Cost- benefit analysis.
197 -11-455 Issuance of DEIS.
197 -1.1 -460 Issuance of FEIS.
16.08.120 Preparation of EIS — Additional considerations. (1) Preparation of draft
and final F..ISs (DEIS and FEIS) and draft and final supplemental F.ISs (SF.IS)
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 WAC.
(2) The DEIS and FEIS or draft and final SEIS 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 F.IS 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 F.IS 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 SF.PA,
including rules for public notice and hearings. The county adopts the
following sections by reference, as supplemented in this part:
M
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 meotings.
197 -11 -545 Effect of no comment.
197 -11 -550 Specificity of comments.
197 -11 -560 FEIS response to comment.
197 -11 -570 Consulted agency Oats to assist lead agency.
16.08.130 PtMc Notice. (1) Whenever Whateom County issues a DNS under WAC
197 -11- 340(2) or a DS under WAC 1617 -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 ipsued and when comments are due.
(b) If no public notice is reWIW for the permit or approval, the county
shall give notice of the ANO or, P&
(i) Posting the property, for site- specific proposals; or
(ii) Publishing notice in a newspaper of general circulation in the county,
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 media.
(c) Whenever the county issues a DS under WAC 197 -11- 360(3), the county
shall state the seoping procedure for the proposal in the DS as required in
WAC 197 -11 -408 and in the public 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.
16.08.140 Designation of official to perform consulted agency responsibilities for the
county. (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 a 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
from all appropriate departments of the county.
PART SIX
USING EXISTING ENVIRONMENTAL
DOCUMENTS
16.08.150 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 -1.1 -610
Use of NEPA documents.
197 -11 -620
Supplemental environmental impact statement
197 -11-625
Addenda — Procedures.
197 -11 -630
Adoption — Procedures.
197 -11 -635
Incorporation by reference — Procedures.
197 -1.1 -640
Combining documents.
PART SEVEN
SEPA AND AGENCY DECISIONS
— Procedures.
16.08.155 Purpose of this part and adoption by reference. This part contains rules
(and policies) for SEPA's substantive authority, such as decisions to
mitigate or reject proposals as a result of SEPA. This part also contains
procedures for appealing SEPA determinations to agencies or the courts.
The county adopts the following sections by reference:
WAC
1.97 -11 -650 Purpose of this part.
197 -11 -655 Implementation.
197 -11-660 Substantive authority and mitigation.
197 -11 -680 Appeals.
16.08.116A 8, authority. (l) The policies and goals set forth in this ordinance
are supplementary to those in ft existing authorization of Whatcom
County.
(2) The county may attach *=41# to a permit or approval for a
proposal so long as:
(a) Such conditions are: neeey _:9. mitigate apecific probable adverse
environmental impacts identifies in environmental documents prepared
pursuant to this ordinance; and.;;;
(b)� Such conditions are in wr, tbr, and
(c) The mitigation measures includo.d in such conditions are reasonable and
capable of being accomplished; arA
(d) The county has considered whether other local, state, or federal
mitigation measures applied``. .the .osal are sufficient to mitigate the
identified impacts; and
(e) Such conditions are based g one or more policies in subsection (4) of
this section and cited in the lfgrs fe' or other decision. docum ent.
(3) The county may deny a per M qtr approval for .a proposal on the basis of
SEPA so long ass
(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
mays
(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;
-11-
(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;
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.
(c) 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 adopted 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 the 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 1.97 -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 16.08.200(l)(b) for fee):
(i) 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.
(b) For any appeal under this subsoetion, the county shall provide a record
of review that shall consist of the f'oUawing:
(i) Findings and conclusion
{
(ii) Testimony under oath; and
(iii) A taped or written traMerf
(c) The procedural determination by the county's responsible official shall
carry substantial weight in- y hp l pMcseeding.
f
(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 errorieoW when, although there is evidence to
support it, the Hearing Examiner, on the entire evidence, is left with the
definite and firm oopvietion g mi"s has been committed.
(2) The county shall givq of fickel . notice under WAC 197 -11- 680(5)
whenever it issues a pernd `-*p , + ►a1 for which a statute or ordinance
establishes a time limit for aomrt +qp4 j-joicial anal.
16.08.173 Notice/statute of 11mitatiadA..` (7k) *i'he opunty, applicant for, or proponent
of an action may publish a notic 'i pui�suarti t4 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 responsible official,
applicant or proponent pursuant'" Rcw 43.21C.080.
PART MORT
DBP"ID'li'3
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 -1.1-704
Action.
197 -11-706
Addendum.
197 -11 -708
Adoption.
197 -1.1 -71.0
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.
1.97 -11 -724
Consulted agency.
197 -11 -726
Cost- benefit analysis.
-13-
197 -1.1 -728
County /city.
197 -11 -730
Decision maker.
197 -11 -732
Department.
197 -11-734
Determination of nonsignificance (DNS).
197 -11 -736
Determination of significance (DS).
197 -11 -738
F.IS.
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 -1.1-762
Local agency.
197 -1.1 -764
Major action.
197 -11 -766
Mitigated DNS.
197 -11-768
Mitigation.
197 -11 -770
Natural environment.
1.97 -11 -772
NEPA.
197 -11 -774
Nonproject.
197 -11 -776
Phased review.
19711 -778
Preparation.
197 -11 -780
Private project.
197 -11 -782
Probable.
1.97 -11. -784
Proposal.
197 -11-786
Reasonable alternative.
197 -11 -788
Responsible officiaL
197 -11 -790
SEPA.
1.97 -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.
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 -1.1 -800 Categorical exemptions.
197 -1.1 -880 Emergencies.
197 -11 -890 Petitioning DOE to change exemptions.
-14-
PART TEN
AGENCY COMPLIANCE
16.08.185 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 applying these
rules to current agency activities. The county adopts the following
sections by reference, as supplemented by WCC 16.08.050:
WAC
197 -11 -900 Purpose of this part.
197 -11 -902 Agency SEPA policies.
197 -1.1 -916 Application to ongoing actions.
197 -11-920 Agencies with environmental expertise.
1.97 -11 -922 Lead agency rules.
197 -11 -924 Determining the lead agency.
197 -11 -926 Lead agency for governmental proposals:
197 -11 -928 Lead agency for public and private proposals.
197 -11-930 Lead agency for private projects with one agency with
jurisdiction.
197 -11 -932 Lead agency for private projects requiring licenses from more
than one agency, when one of the agencies is a county /city.
197 -11 -934 Lead agency for private projects requiring licenses from a
local agency, not a county /city, and one or more state
agencies.
197 -11 -936 Lead agency for private projects requiring licenses from more
than one state agency.
197 -1.1 -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.
16.08.190 Environmentally sensitive areas. (1) Whatcom County shall designate
environmentally sensitive areas under the standards of WAC 1.97 -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.
-15-
16.08.200 Fees. The county shall require the following fees for its activities in.
accordance with the provisions of this ordinance:
(1) Threshold determination.
(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 $ 22.00
per hour shall be collected.)
(b) A filing fee of $100.00 shall be charged for appeals under 16.08.170.
The fee shall not apply to County Departments.
(2) Environmental impact statement.
(a) When the county is the lead agency for a proposal requiring an EIS and
the responsible official determines that the EIS shall be prepared by
employees of the county, the county may charge and collect 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 42.1.7 RCW.
16.08.205 . Effective date. The effective date of this ordinance is October 1, 1984.
10-
16.08.220 Severability. If any provision of this ordinance or its application to any
person or circumstances is held invalid, the remainder of this ordinance, or
the application of the provision to other persons or circumstances, shall not
be affected.
PART ELEVEN
FORMS
16.08.230 Adoption by reference. The county adopts the following forms and sections
by reference:
WAC
197 -11 -960 Environmental checklist.
197 -11 -965 Adoption notice.
197 -1.1 -970 Determination of nonsignificance (DNS).
197 -11 -980 Determination of significance and scoping notice (DS).
197 -11 -985 Notice of assumption of lead agency status.
197 -11 -990 Notice of action.
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October 22, 1984
MEMORANDUM
`...� EXHIBIT "B"
DEPARTMENT OF PUBLIC WORKS
Paul F. Rushing, Director
Courthouse, Belling" WA 9Q
(206) 676;fW
`,�,;�:,;. -' ,yam
Donovan F. Kehrer, Deputy Administrator
BUREAU of BUILDINGS and CODE ADMINISTRATION
401 Grand Avenue, Bellingham, WA 98225
County 398 -1310 City 676 -6907
TO: Will Roehl, Chairman, Whatcom County County Council Planning and
Development Committee
FROM: Jerry Mixon, Deputy SEPA Official
SUBJECT: Amendments to Whatcom County SEPA Ordinance, Chapter 16.08.
At the Planning and Development Committee meeting of October 16, 1984,
the committee suggested that the Bureau of Buildings & Code Administration
prepare the language for the amendments to 16.08 as discussed and changed.
We have the following suggestions:
16.08.055 Insert the following:
(2)(c) When the county must initiate further studies, including
field investigations, to obtain the information to make the thresh-
old determination, the county should complete the studies within
thirty days of receiveing an adequate application and a completed
checklist.
(2)(d)(d) (Change of identification for the last paragraph of
subpart (2) of 16.08.055)
DELETE ALL OF 16.08.070 and substitute the following:
16.08.070 Flexible thresholds for categorical exemptions. (1) Whatcom
County establishes the following exempt levels for minor new
construction under WAC 197- 11- 800(1)(b) in those areas of the
county mapped as the 100 year floodplain, the Lake Whatcom watershed,
and areas within the jurisdiction of the Whatcom County Shoreline
Management Program. Maps depicting these areas shall be available
to the public at the office of the Bureau of Buildings and Code
Administration:
W
C:
Edwin R. Nenken, County Engineer
BUREAU OF ENGINEERING
Courthouse, Bellingham, WA 98225
County 398 -1310 City 678.8730
October 22, 1984
MEMORANDUM
`...� EXHIBIT "B"
DEPARTMENT OF PUBLIC WORKS
Paul F. Rushing, Director
Courthouse, Belling" WA 9Q
(206) 676;fW
`,�,;�:,;. -' ,yam
Donovan F. Kehrer, Deputy Administrator
BUREAU of BUILDINGS and CODE ADMINISTRATION
401 Grand Avenue, Bellingham, WA 98225
County 398 -1310 City 676 -6907
TO: Will Roehl, Chairman, Whatcom County County Council Planning and
Development Committee
FROM: Jerry Mixon, Deputy SEPA Official
SUBJECT: Amendments to Whatcom County SEPA Ordinance, Chapter 16.08.
At the Planning and Development Committee meeting of October 16, 1984,
the committee suggested that the Bureau of Buildings & Code Administration
prepare the language for the amendments to 16.08 as discussed and changed.
We have the following suggestions:
16.08.055 Insert the following:
(2)(c) When the county must initiate further studies, including
field investigations, to obtain the information to make the thresh-
old determination, the county should complete the studies within
thirty days of receiveing an adequate application and a completed
checklist.
(2)(d)(d) (Change of identification for the last paragraph of
subpart (2) of 16.08.055)
DELETE ALL OF 16.08.070 and substitute the following:
16.08.070 Flexible thresholds for categorical exemptions. (1) Whatcom
County establishes the following exempt levels for minor new
construction under WAC 197- 11- 800(1)(b) in those areas of the
county mapped as the 100 year floodplain, the Lake Whatcom watershed,
and areas within the jurisdiction of the Whatcom County Shoreline
Management Program. Maps depicting these areas shall be available
to the public at the office of the Bureau of Buildings and Code
Administration:
2
(a) For residential dwelling units in WAC 197- 11- 800(l)(6)(i):
Up. to 4 dwelling units.
(b) For agricultural structures in WAC 197- 11- 800(1)(b)(ii):
Up to.10,000 dquare feet.
(c) For office, school, commercial, recreational, service or
storage buildings in WAC 197- 11- 800(1)(b)(iii): Up to 4,000.,
square feet and up to 20 parking spaces.
(d) For the 'construction of..a parking lot i.ti WAC 19711- 800(1)
(b)(iv): Up to 20 parking spaces."
(e) For landfill or excavations in WAC 197- 11- 800(1)(b)(v):.
Up to 100 cubic yards..
(2);In those areas of the county not mapped as described in (1),
above, Whatcom County establishes the following exempt levels for
minor new construction under WAC 197= 11- 800(1)(c) as follows:
(a) For residential dwelling units in WAC 197+11- 800(1)(c)(i):
Up to 20 dwelling units.
(b) For agricultural structures in WAC 197- 11- 800(1)(c).(ii):
Up to 30,000 square feet.
(c) For office, school, commercial,.,recreational, service or .
storage buildings in WAC 197- 11- 800(1)(c)(iii): Up to 12,000.,
square feet.
(d) For the construction of a parking lot•in WAC 197 -11- 800(1)
(c.).(iv): Up to 40 parking spaces.
(e) For landfill or excavations in WAC 197- 11- 800(i)(c)(v):
Up to 500 cubic. yards.
(3) Whenever the county establishes new exempt levels under this
section, it shall send them to the Department of Ecology, Head-
quarters Office, Olympia, Washington, 98504 under WAC 197 -11 =800
(1)(c)•