Chapter 18.04 ENVIRONMENTAL POLICY ACT

The county adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. This chapter contains the county’s SEPA procedures and policies. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. (Ord. 132-84 § 1)

Article II. General Requirements

18.04.020 Adoption by reference.

The county adopts the following sections of Chapter 197-11 of the WAC by reference:

197-11-040, Definitions;

197-11-050, Lead Agency;

197-11-055, Timing to the SEPA process;

197-11-060, Content of the 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. (Ord. 132-84 § 2 (part))

18.04.030 Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise;

“Department” means any division, subdivision, or organizational unit of the county established by ordinance, rule, or order.

“Early notice” means the county’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures).

“Ordinance” means the ordinance, resolution, or other procedure used by the county to adopt regulatory requirements.

“SEPA rules” means the ordinance, resolution, or other procedure used by the county to adopt regulatory requirements. (Ord. 132-84 § 2 (part))

18.04.040 Designation of responsible official.

A. For those proposals for which the county is the lead agency, the responsible official shall be the planning director.

B. 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.

C. 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. (Ord. 132-84 § 2 (part))

18.04.050 Lead agency determinations and responsibilities.

A. 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 department is aware that another department or agency is in the process of determining the lead agency.

B. When the county is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

C. 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.

D. 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 county’s designated responsible official.

E. 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 responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

F. 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). (Ord. 132-84 § 2 (part))

18.04.060 Transfer of lead agency status to a state agency.*

For any proposal for a private project where the county would be the lead agency and for which one or more state agencies have jurisdiction, the county’s responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first in the priority listing in WAC 197-11-936 shall be the lead agency and the county shall be an agency with jurisdiction. To transfer lead agency duties, the county’s responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the county shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction wove the proposal. (Ord. 132-84 § 2 (part))

* Optional for cities or towns under five thousand population and counties of fifth through ninth class.

18.04.070 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:

A. Threshold Determinations.

1. When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction;

a. The county should request such further information from the applicant or consultation with other agencies with jurisdiction,

b. The county shall wait no longer than thirty days for a consulted agency to respond,

c. The responsible official should complete the threshold determination within fifteen days of receiving the requested information from the applicant or the consulted agency;

2. 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. (Ord. 132-84 § 2 (part))

18.04.080 Additional timing considerations.

A. For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the county’s staff recommendation to any appropriate advisory body, such as the planning commission.

B. 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. (Ord. 132-84 § 2 (part))

Article III. Categorical Exemptions and Threshold Determinations

18.04.090 Adoption by reference.

The county adopts the following sections by reference as supplemented in this article:

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 on Threshold Determination. (Ord. 132-84 § 3 (part))

18.04.100 Flexible thresholds for categorical exemptions.

A. The county establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based in local conditions:

1. For residential dwelling units in WAC 197-11-800(1)(b)(i) (Note: Range, four to twenty units): Up to twenty dwelling units;

2. For agricultural structures in WAC 197-11-800(1)(b)(ii) (Note: Range ten to thirty thousand square feet): Up to thirty thousand square feet;

3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii) (Note: Range four to twelve thousand square feet and twenty to forty parking spaces): Up to twelve thousand square feet and up to forty parking spaces;

4. For parking lots in WAC 197-11-800(1)(b)(iv) (Range: Twenty to forty parking spaces): Up to forty parking spaces;

5. For landfills and excavations in WAC 197-11-800(1)(b)(v) (Note: Range one to five hundred cubic yards): Up to five hundred cubic yards for excavations and one hundred cubic yards for landfills.

B. Whenever the county established 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). (Ord. 132-84 § 3 (part))

18.04.110 Use of exemptions.

A. Each department within the county that receives an application for a license or, in the case of governmental proposals, the department 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 chapter apply to the proposal. The county shall not require completion of an environmental checklist for an exempt proposal.

B. 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.

C. If a proposal includes both exempt and nonexempt actions, the county may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

1. The county shall not give authorization for:

a. Any nonexempt action,

b. Any action that would have an adverse environmental impact, or

c. Any action that would limit the choice of alternatives;

2. 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 actions were not approved. (Ord. 132-84 § 3 (part))

18.04.120 Environmental checklist.

A. 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 chapter, except, a checklist in 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.

B. 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. (Ord. 132-84 § 3 (part))

18.04.130 Mitigated DNS.

A. 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.

B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

2. Precede the county’s actual threshold determination for the proposal.

C. The responsible official should respond to the request for early notice within ten working days. The response shall:

1. Be written;

2. 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

3. State 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.

D. As much as possible, the county should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E. 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;

1. 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);

2. 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;

3. 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 machines to X decibel” or “construct two hundred foot stormwater retention pond at Y location” are adequate;

4. 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.

F. A mitigated DNS is issued under WAC 197-11-340(2), requiring a fifteen day comment period and public notice.

G. 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.

H. 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).

I. The county’s written response under subsection B of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification 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. (Ord. 132-84 § 3 (part))

Article IV. Environmental Impact Statement (EIS)

18.04.140 Adoption by reference.

The county adopts the following sections by reference, as supplemented by this article:

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;

197-11-449, Relationship of EIS to other considerations;

197-11-450, Cost-benefit analysis;

197-11-455, Issuance of DEIS;

197-11-460, Issuance of FEIS. (Ord. 132-84 § 4 (part))

18.04.150 Preparation of EIS—Additional considerations.

A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the planning department under the direction of the responsible official. Before the county issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. 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 also notify the applicant of the county’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

C. 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 chapter or that is being requested from another agency. (Ord. 132-84 § 4 (part))

18.04.160 Additional elements to be covered in an EIS.

The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determination or perform any other function or purpose under this chapter:

A. Economic impact analysis;

B. Social impact analysis;

C. Cost-benefit analysis. (Ord. 132-84 § 4 (part))

Article V. Commenting

18.04.170 Adoption by reference.

The county adopts the following sections by reference, as supplemented in this part:

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. (Ord. 132-84 § 5 (part))

18.04.180 Public notice.

A. Whenever the 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:

1. 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;

2. If no public notice is required for the permit or approval, the county shall give notice of the DNS or DS by:

a. Posting the property, for site-specific proposals,

b. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located,

c. Notify public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered,

d. Notifying the news media,

e. Publishing notice in agency newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas);

3. 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.

B. 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:

1. Indicating the availability of the DEIS in any public notice required for a nonexempt license; and (Note: In addition, select at least one of the following or insert all of the list and require that at least one method be used.)

2. Posting the property, for site-specific proposals;

3. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;

4. Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

5. Notifying the news media;

6. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

7. Publishing notice in agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).

C. 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.

D. The county may require an applicant to complete the public notice requirements for the applicant’s proposals at his or her own expense. (Ord. 132-84 § 5 (part))

18.04.190 Designation of official to perform consulted agency responsibilities for the county.

A. The planning department 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.

B. 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. (Ord. 132-84 § 5 (part))

Article VI. Using Existing Environmental Documents

18.04.200 Adoption by reference.

The county adopts the following sections by reference:

197-11-600, When to use existing environmental documents;

197-11-610, Use of SEPA 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. (Ord. 132-84 § 6)

Article VII. SEPA and Agency Decisions

18.04.210 Adoption by reference.

The county adopts the following sections by reference:

197-11-650, Purpose of this section;

197-11-655, Implementation;

197-11-660, Substantive authority and mitigation;

197-11-680, Appeals. (Ord. 132-84 § 7 (part))

18.04.220 Substantive authority.

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the county.

B. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

1. Such condition are in writing; and

2. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

3. The county has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

4. Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.

C. The county may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probably significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.

D. The county designates and adopts by reference the following policies as the basis for the county’s exercise of authority pursuant to this section:

1. 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:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations,

b. Assure for all people of Washington safe, healthful, productive, and aesthetically pleasing surroundings,

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences,

d. Preserve important historic, cultural, and natural aspects of our national heritage,

e. Maintain, wherever possible, an environment which supports diversity and a variety of individual choice,

f. Achieve a balance between population and resource use, which will permit high standards of living and a wide sharing of life’s amenities, and,

g. Enhance the quality of renewable resources and approach maximum attainable recycling of depletable resources;

2. 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;

3. The county adopts by reference the policies in the following county codes: Titles 15, 16 and 17.

4. The county establishes the following additional policies.

E. (Note: Required by RCW 43.21C.060, unless the county planning commission elects to eliminate such appeals and states so in this chapter.)

Except for permits and variances issued pursuant to WAC Chapters 173-19 and 173-22 when any proposal or action not requiring a decision of the county planning commission is conditioned or denied on the basis of the SEPA by a nonelected official, the decision shall be appealable to the county planning commission. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within ten days of the decision being appealed. Review by the county planning commission shall be on a de novo basis. (Ord. 132-84 § 7 (part))

18.04.230 Appeals.

A. Agency administrative appeal is optional. If allowed, the statute requires that all of this section be included, except subsection (A)(3) of this section which is optional. The county establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

1. Any agency or person may appeal the county’s procedural compliance with Chapter 197-11 WAC for issuance of the following:

a. A final DNS;

2. Appeal of the DNS must be made to the planning commission within thirty days of the date the DNS is final (see WAC 197-11-390(2)(a));

3. For any appeal under this subsection, the county shall provide for a record that shall consist of the following:

a. Findings and conclusions,

b. Testimony under oath, and

c. A taped or written transcript;

4. Optional. The county may require the appellant to provide an electronic transcript;

5. The procedural determination by the county’s responsible official shall carry substantial weight in any appeal proceeding.

B. 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. (Ord. 132-84 § 7 (part))

Article VIII. Definitions

18.04.240 Adoption by reference.

The county adopts the following sections by reference, as supplemented by WAC 173-806-040:

197-11-700, Definitions;

197-11-702, Act;

197-11-704, Action;

197-11-706, Addendum;

197-11-708, Adoption;

197-11-710, Affected tribe;

197-11-712, Affecting;

197-11-714, Agency;

197-11-718, Applicant;

197-11-720, Built environment;

197-11-722, Categorical exemption;

197-11-724, Consulted agency;

197-11-726, Cost-benefit analysis;

197-11-728, County;

197-11-730, Decision maker;

197-11-732, Department;

197-11-734, Determination of nonsignificance (DNS);

197-11-736, Determination of significance (DS);

197-11-738, EIS;

197-11-740, Environment;

197-11-742, Environmental checklist;

197-11-744, Environmental document;

197-11-746, Environmental review;

197-11-748, 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, Incorporation by reference;

197-11-766, Mitigated DNS;

197-11-768, Mitigation;

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, Responsible 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. (Ord. 132-84 § 8)

Article IX. Categorical Exemptions

18.04.250 Adoption by reference.

The county adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (flexible thresholds), WAC 173-806-080 (use of exemptions), and WAC 173-806-190 (environmentally sensitive areas):

197-11-800, Categorical exemptions;

197-11-880, Emergencies;

197-11-890, Petitioning DOE to change exemptions. (Ord. 132-84 § 9)

Article X. Agency Compliance

18.04.260 Adoption by reference.

The county adopts the following sections by reference, as supplemented by WAC 173-806-043 and this part:

197-11-900, Purpose of this part;

197-11-902, Agency SEPA policies;

197-11-916, Application to ongoing activities;

197-11-920, Agencies with environmental expertise;

197-11-922, Lead agency rules;

197-11-924, Determining the lead agency;

197-11-926, Lead agency for governmental proposals;

197-11-928, Lead agency for public and private proposals;

197-11-930, Lead agency for private projects with one agency with jurisdiction;

197-11-932, Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county;

197-11-934, Lead agency for private projects requiring licenses from a local agency, not a county, and one or more state agencies;

197-11-936, Lead agency for private projects requiring licenses from more than one state agency;

197-11-938, Lead agency 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 dispute;

197-11-948, Assumptions of lead agency status. (Ord. 132-84 § 10 (part))

18.04.270 Environmentally sensitive areas.

Areas will be designated at a future date and when designated, the chapter will be amended. (Ord. 132-84 § 10 (part))

18.04.280 Fees.

A. Threshold Determination. For every environmental checklist the county reviews, when it is lead agency, the county shall collect a fee from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee has been received.

B. Environmental Impact Statement.

1. When the county is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the county, the county may charge and collect a reasonable fee from any applicant to cover costs incurred by the county in preparing the EIS. The responsible official shall advise the applicant(s) of the project’s costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

2. 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 person 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.

3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (B)(1) or (B)(2) of this section which remain after incurred costs are paid.

C. The county may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D. The county shall not collect a fee for performing its duties as a consulted agency.

E. The county may charge any person for copies of any document prepared under this chapter, and for mailing the document in a manner provided by Chapter 42.56 RCW.

F. All fees and charges associated with this title are to cover reasonable administrative costs only and shall be set in the building and planning department’s master fee schedule and established by resolution by the board of county commissioners.

G. Environmental impact fee rates shall be adjusted periodically to reflect changes in administrative costs. Such adjustments shall only become effective upon adoption by the board of county commissioners of a modification to the building and planning master fee schedule; provided, that the master fee schedule may contain a provision for automatic revision of fees no more often than annually to reflect the varying changes in administrative costs. (Ord. O-05-23 § 3; Ord. 132-84 § 10 (part))

Article XI. Forms

18.04.290 Adoption by reference.

The county adopts the following forms and sections by reference:

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 assumption of lead agency statue;

197-11-990, Notice of action. (Ord. 132-84 § 11 (part))