Chapter 16.05 ENVIRONMENTAL REGULATIONS

The county of Columbia adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904, for the purpose of establishing procedures and policies which are necessary to implement the Act and which are consistent with Chapter 173-086 WAC. [Ord. 85-01 Part I.]

Part II. General Requirements

16.05.020 Purpose – Adoption by reference.

This part contains the basic requirements that apply to the SEPA process. The following sections of Chapter 197-11 WAC are adopted 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 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. 85-01 Part II § 1.]

16.05.030 Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, the terms used herein shall have the following meanings, unless the context indicates otherwise:

“County” means the Columbia County general purpose unit of government including as represented by any board, department or commission.

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

“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).

“SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology. [Ord. 85-01 Part II § 2.]

16.05.040 Designation of responsible official.

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

B. The responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the “lead agency” or “responsible official” by the SEPA rules for all proposals for which the county is the lead agency.

C. The county shall retain all documents required by the SEPA rules and make them available to the public in accordance with Chapter 42.17 RCW. These environmental documents shall be maintained in the office of the responsible official (Columbia County planning department). [Ord. 85-01 Part II § 3.]

16.05.050 Lead agency determination and responsibilities.

A. Any department within the county receiving or initiating a proposal for a nonexempt action shall determine the lead agency for that proposal pursuant to 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. Note: A lead agency must be an agency with jurisdiction.

B. When the county is the lead agency, the responsible official shall supervise compliance with the threshold determination, and if an EIS is necessary, shall supervise preparation of the draft and final EIS.

C. When the county is not the lead agency, all departments of the county shall utilize and consider, as appropriate, either the declaration of nonsignificance (DNS) or the final EIS of the lead agency in conjunction with the decisions of the county on the proposal. In such instances, 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. In the event that the county or any department thereof receives a lead agency determination made by another agency which does not appear to be in accord with the criteria of WAC 197-11-922 through 197-11-940, it may object thereto. Any such objection must be made and resolved within 15 days of receipt of the determination, or the county must petition the Department of Ecology for a lead agency determination pursuant to WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the county shall be initiated by the Columbia County board of commissioners.

E. Departments of the county are authorized to make agreements as to lead agency status pursuant to WAC 197-11-942 and 197-11-944; provided, that any such agreement involving assumption of lead agency status by the county will first be approved by the responsible official for the county and that any department which will incur responsibilities as a result of any such agreement will approve the agreement.

F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to ascertain which other agencies have jurisdiction over the proposal. [Ord. 85-01 Part II § 4.]

16.05.060 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 responsible official of the county may elect to transfer the lead duties to that state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936. In such event, the state agency so determined shall be the lead agency and the county shall be an agency with jurisdiction. Transfer is accomplished by the responsible official of the county transmitting 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 over the proposal. [Ord. 85-01 Part II § 5.]

16.05.070 Time limits applicable to the SEPA process.

The following time limits (expressed in calendar days) shall apply to the processing of all nonexempt private projects and to those governmental proposals submitted to the county by other agencies:

A. Threshold Determinations.

1. For proposals for which the county is the lead agency, the threshold determination should normally be completed within 15 days of receiving a completed application and environmental checklist.

2. Threshold determinations requiring further information from the applicant or consultation with other agencies with jurisdiction should be completed within 15 days of receiving the requested information from the applicant or the consulted agency; requests by the county for such information should be made within 15 days of the submission of an adequate application and completed checklist; when a request for further information is submitted to a consulted agency, the county shall wait a maximum of 30 days for the consulted agency to respond.

3. Threshold determinations which require that further studies, including field investigations, be initiated by the county should be completed within 30 days of submission of an adequate application and the completed environmental checklist.

4. The county shall complete threshold determinations on actions where the applicant recommends that an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the application, within 15 days of receiving an adequate application and completed checklist.

5. The time limits set forth in this subsection shall not apply to withdrawals of affirmative and negative threshold determinations.

B. Additional Timing-Related Considerations.

1. For nonexempt proposals, the DNS or draft EIS shall be accompanied by the county’s staff recommendations to any appropriate advisory body, such as the planning commission, and/or to the board of county commissioners when such proposals require final approval by the governing body.

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. [Ord. 85-01 Part II § 6.]

Part III. Categorical Exemptions and Threshold Determinations

16.05.080 Purpose – Adoption by reference.

This part contains the rules for deciding whether a nonexempt proposal has a “probable significant, adverse impact” requiring an environmental impact statement (EIS) is to be prepared. This part also contains rules for evaluating the impacts of nonexempt proposals not requiring an EIS. The following sections of Chapter 197-11 WAC are adopted by reference:

WAC

197-11-300 Purpose of This Part.

197-11-305 Categorical Exemptions.

197-11-310 Threshold Determination Required.

197-11-315 Environmental Checklist.

197-11-330 Threshold Determination Process.

197-11-335 Additional Information.

197-11-340 Determination of Nonsignificance (DNS).

197-11-350 Mitigated DNS.

197-11-360 Determination of Significance (DS) Initiation of Scoping.

197-11-390 Effect of Threshold Determination.

[Ord. 85-01 Part III § 1.]

16.05.090 Flexible thresholds for categorical exemptions.

A. The following exempt levels for minor new construction are established pursuant to WAC 197-11-800(1)(b):

1. For residential dwelling units in WAC 197-11-800(1)(b)(i): up to 20 dwelling units.

2. For agricultural structures in WAC 197-11-800(1)(b)(ii): up to 30,000 square feet.

3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 12,000 square feet and up to 40 automobiles.

4. For parking lots in WAC 197-11-800(1)(b)(iv): up to 40 parking spaces.

5. For landfills and excavations in WAC 197-11-800(1)(b)(v): Up to 500 cubic yards.

6. Additional flexible categorical exemptions as defined by WAC 197-11-800(1)(c).

B. Whenever the county establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters, Olympia, Washington 98504, under WAC 197-11-800(1)(c). [Ord. 2017-04; Ord. 85-01 Part III § 2.]

16.05.100 Use of exemptions.

A. The applicability of the exemptions shall be determined by each department within the county which receives an application for a license, or in the case of governmental proposals, by that department initiating the proposal. A determination by any such department that a proposal is exempt shall be final and not subject to administrative review.

B. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is not exempt.

C. If the proposal includes a series of exempt actions which are physically or functionally related to each other, but which together may have a significant environmental impact, the proposal is not exempt.

D. If it is determined that a proposal is exempt, none of the procedural requirements of these guidelines apply to the proposal. No environmental checklist shall be required for an exempt proposal.

E. A department which is determining whether or not a proposal is exempt shall ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is not exempt. For any such proposal, the lead agency shall be determined, even if the license application which triggers the department’s consideration is otherwise exempt. If the lead agency is the county, then the responsible official shall be designated.

F. If a proposal includes both exempt and nonexempt actions, exempt actions may be authorized with respect to the proposal prior to compliance with the procedural requirements of this chapter, except that:

1. No nonexempt action shall be authorized.

2. No action shall be authorized which would have an adverse environmental impact or which would limit the choice of alternatives.

3. A department may withhold approval of an exempt action which would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved.

4. A department may withhold approval of exempt actions which would lead to substantial financial expenditures by a private applicant which would serve no purpose if nonexempt action(s) were not approved. [Ord. 85-01 Part III § 3.]

16.05.110 Environmental checklist.

A. For nonexempt proposals, a completed environmental checklist, 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 herein. This checklist shall be the basis for determination by the county as to lead agency status, and, if the county is determined to be the lead agency, the threshold determination shall be made by the responsible official pursuant to the criteria and procedures of WAC 197-11-330 through 197-11-390.

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. The county may require that it will complete all or part of the environmental checklist for a private proposal if the county has technical information on questions that is unavailable to the private applicant or if the applicant has provided inaccurate information on previous proposals or is unqualified to complete the checklist. [Ord. 85-01 Part III § 4.]

16.05.120 Mitigated DNS (determination of nonsignificance).

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 follow submission of a permit application and environmental checklist for a nonexempt proposal for which the county is lead agency and must precede the county’s actual threshold determination for the proposal. The responsible official shall respond in writing to the request for early notice within 15 days. The response shall 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 shall 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.

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

D. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the county shall base the threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changes 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 and adequate. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibels” or “construct 200-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.

E. A mitigated DNS is issued under WAC 197-11-340(2), requiring a 15-day comment period and public notice.

F. 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. 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 threshhold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

G. 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 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 pursuant to RCW 43.21C.130. [Ord. 85-01 Part III § 5.]

Part IV. Environmental Impact Statement (EIS)

16.05.130 Purpose – Adoption by reference.

This part contains the rules for preparing environmental impact statements. The following sections of Chapter 197-11 WAC are adopted by reference:

WAC

197-11-400 Purpose of EIS;

197-11-402 General Requirements;

197-11-405 EIS Types;

197-11-406 EIS Timing;

197-11-408 Scoping;

197-11-410 Expanded Scoping (Optional);

197-11-420 EIS Preparation;

197-11-425 Style and Size;

197-11-430 Format;

197-11-435 Cover Letter or Memo;

197-11-440 EIS Contents;

197-11-442 Contents of EIS on Nonproject Proposals;

197-11-443 EIS Contents when Prior Nonproject EIS;

197-11-444 Elements of the Environment;

197-11-450 Cost-Benefit Analysis;

197-11-455 Issuance of DEIS;

197-11-460 Issuance of FEIS.

[Ord. 85-01 Part IV § 1.]

16.05.140 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 and 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 by mutual agreement with 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. (This does not apply to information the county may request under another ordinance or statute.) [Ord. 85-01 Part IV § 2.]

16.05.150 Additional elements of the EIS.

The following additional elements are part of the environment and may be required to be included in the EIS:

A. Economy.

B. Cultural and sociological factors.

C. Cost-benefit analysis.

These elements do not add to the criteria for the threshold determination or perform any other function under this chapter. [Ord. 85-01 Part IV § 3.]

Part V. Commenting

16.05.160 Purpose – 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 following sections of Chapter 197-11 WAC are adopted by reference:

WAC

197-11-500 Purpose of This Part.

197-11-502 Inviting Comment.

197-11-504 Availability and Cost of Environmental Documents.

197-11-508 SEPA Register.

197-11-535 Public Hearings and Meetings.

197-11-545 Effect of No Comment.

197-11-550 Specificity of Comments.

197-11-560 FEIS Response to Comments.

197-11-570 Consulted Agency Costs to Assist Lead Agency.

[Ord. 85-01 Part V § 1.]

16.05.170 Public notice.

A. Whenever a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) is issued, 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 publishing notice in a newspaper of general circulation in the county where the proposal is located.

B. 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.

C. 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

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

D. 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.

E. All advertising costs for public notices shall be at the expense of the applicant. [Ord. 85-01 Part V § 2.]

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

A. The Columbia County planning director shall be responsible for the preparation of the written comments for the county in response to a consultation request prior to a threshold determination, participation in predraft consultation, or reviewing a draft EIS.

B. The Columbia County planning director shall be responsible for compliance by the county with WAC 197-11-550 wherever the county is a consulted agency, and is authorized to develop operating procedures which will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the county. [Ord. 85-01 Part V § 3.]

Part VI. Existing Environmental Documents

16.05.190 Purpose – 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 following sections of Chapter 197-11 WAC are adopted 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.

[Ord. 85-01 Part VI § 1.]

Part VII. SEPA and Agency Decisions

16.05.200 Purpose – Adoption by reference.

This part contains rules 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 following sections of Chapter 197-11 WAC are adopted 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.

[Ord. 85-01 Part VII § 1.]

16.05.210 Substantive authority.

The policies and goals set forth in this chapter are supplemental to those in the existing authorization of Columbia County.

A. The county may attach conditions to a permit or approval for a nonexempt proposal; provided, that:

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

2. Such conditions are in writing; and

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

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

5. Such conditions are based on one or more policies in subsection (C) of this section and cited in the license or other decision document.

B. The county may deny a permit or approval of a proposal on the basis of SEPA; provided, that:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final environmental impact statement (FEIS) or supplemental EIS (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 (C) of this section and identified in writing in the decision document.

C. 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 and culturally 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 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 the 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. [Ord. 2009-04 § 3 (Exh. C); Ord. 85-01 Part VII § 2.]

16.05.220 Appeals.

Pursuant to RCW 43.21C.075 and WAC 197-11-680, the county establishes the following administrative appeal procedures:

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

1. Final DNS (threshold determination of nonsignificance). Appeal of the responsible official’s decision for a DNS shall be made in writing to the Columbia County hearing examiner within 10 days of the final DNS date.

2. DS (threshold determination of significance) and a final EIS (environmental impact statement). Appeal of the responsible official’s decision on a DS or on the adequacy of a final EIS substantive determination shall be made in writing to the Columbia County hearing examiner within 14 days of the date of issuance.

B. For any appeal under this section, the county shall require and/or provide for a record consisting of findings, conclusions, testimony and a taped or written transcript.

C. The procedural determination of the responsible official shall carry substantial weight in the appeal proceeding (WAC 197-11-680).

D. 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. 2009-04 § 3 (Exh. C); Ord. 85-01 Part VII § 3.]

Part VIII. Definitions

16.05.230 Purpose – Adoption by reference.

This part contains uniform usage and definitions of terms under SEPA. The following sections of the Washington Administrative Code are adopted 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.

197-11-708 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.

197-11-721 Closed Record Appeal.

197-11-722 Consolidated Appeal.

197-11-724 Consulted Agency.

197-11-726 Cost-benefit Analysis.

197-11-728 County/City.

197-11-730 Decision Maker.

197-11-732 Department.

197-11-734 Determination of Nonsignificance (DNS).

197-11-736 Determination of Significance (DS).

197-11-738 EIS.

197-11-740 Environment.

197-11-742 Environmental Checklist.

197-11-744 Environmental Document.

197-11-746 Environmental Review.

197-11-748 Environmentally Sensitive Area.

197-11-750 Expanded Scoping.

197-11-752 Impacts.

197-11-754 Incorporation by Reference.

197-11-756 Lands Covered by Water.

197-11-758 Lead Agency.

197-11-760 License.

197-11-762 Local Agency.

197-11-764 Major Action.

197-11-766 Mitigated DNS.

197-11-768 Mitigation.

197-11-770 Natural Environment.

197-11-772 NEPA.

197-11-774 Nonproject.

197-11-775 Open Record Hearing.

197-11-776 Phased Review.

197-11-778 Preparation.

197-11-780 Private Project.

197-11-782 Probable.

197-11-784 Proposal.

197-11-786 Reasonable Alternative.

197-11-788 Responsible Official.

197-11-790 SEPA.

197-11-792 Scope.

197-11-793 Scoping.

197-11-794 Significant.

197-11-796 State Agency.

197-11-797 Threshold Determination.

197-11-799 Underlying Governmental Action.

[Ord. 2017-04; Ord. 85-01 Part VIII § 1.]

Part IX. Categorical Exemptions

16.05.240 Adoption by reference.

The following sections of the Washington Administrative Code containing 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), are adopted by reference:

WAC

197-11-800 Categorical Exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to Change Exemptions.

[Ord. 85-01 Part IX § 1.]

Part X. Agency Compliance

16.05.250 Purpose – 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 following sections of the Washington Administrative Code, as supplemented by WAC 173-806-045 through 173-806-043 and this part, are adopted by reference:

WAC

197-11-900 Purpose of This Part.

197-11-902 Agency SEPA Policies.

197-11-916 Application to Ongoing Actions.

197-11-920 Agencies with Environmental Expertise.

197-11-922 Lead Agency Rules.

197-11-924 Determining the Lead Agency.

197-11-926 Lead Agency for Governmental Proposals.

197-11-928 Lead Agency for Public and Private Proposals.

197-11-930 Lead Agency for Private Projects with One Agency with 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.

197-11-938 Lead Agencies for Specific Proposals.

197-11-940 Transfer of Lead Agency Status to a State Agency.

197-11-942 Agreements on Lead Agency Status.

197-11-944 Agreements on Division of Lead Agency Duties.

197-11-946 DOE Resolution of Lead Agency Disputes.

197-11-948 Assumption of Lead Agency Status.

[Ord. 85-01 Part X § 1.]

16.05.260 Environmentally sensitive areas.

A. The environmentally sensitive area maps and any future amendments thereto are established by the Columbia County zoning ordinance (CCC Title 18) official zoning maps as adopted by the Columbia County board of commissioners and are adopted by reference pursuant to WAC 197-11-908.

B. Major actions which will be located wholly or partially within an environmentally sensitive area are to be treated no differently than other major actions under these guidelines. A threshold determination shall be made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in an environmentally sensitive area.

C. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered are mapped.

D. Pursuant to WAC 197-11-908 and 197-11-305(a), to ensure the protection and enhancement of the designated environmentally sensitive areas, the Columbia County board of commissioners mandates that the following exemptions listed in WAC 197-11-800 are not exempt and shall require a threshold determination:

1. WAC 197-11-800(1)(b)(i), the construction of any residential structures of four dwelling units or less.

2. WAC 197-11-800(1)(b)(iii), the construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of total floor area or less, and with associated parking facilities designed for 20 automobiles or less.

3. WAC 197-11-800(2)(c), the construction and/or installation of commercial on-premises signs, and public signs and signals.

4. WAC 197-11-800(6)(d), except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the procedures required by RCW 58.17.060, but not including further short subdivision or short platting within a plat or subdivision previously exempted under this subsection.

5. WAC 197-11-800(13)(c), all licenses to operate or engage in amusement devices and rides and entertainment activities, including but not limited to cabarets, carnivals, circuses and other traveling shows, dances, music machines, golf courses, and theaters, including approval of the use of public facilities for temporary civic celebrations, but not including licenses or permits required for permanent construction of any of the above.

6. WAC 197-11-800(23)(f), periodic use of chemical or mechanical means to maintain a utility or transportation right-of-way in its design condition; provided, that chemicals used are approved by the Washington State Department of Agriculture and applied by licensed personnel. This exemption shall not apply to the use of chemicals within watersheds which are controlled for the purpose of drinking water quality in accordance with WAC 248-54-660.

7. WAC 197-11-800(24)(e), Issuance of Leases for School Sites.

8. WAC 197-11-800(24)(g), Development of Recreational Sites Not Specifically Designed for All-terrain Vehicles and Not Including More than Twelve Campsites. [Ord. 2017-04; Ord. 2016-01 § 6 (Exh. A-3); Ord. 85-01 Part X § 2; Res. 78-21.]

16.05.270 Fees.

The following fees shall be required to cover the costs incurred by the county for threshold determinations and environmental impact statements. This section does not apply to the issuance of building permits for which a building permit fee has been paid unless the threshold determination results in a mitigated DNS or an EIS.

A. Threshold Determinations.

1. Initial Environmental Checklist – DNS: none.

2. Mitigated DNS: $50.00.

B. Environmental Impact Statements (EIS).

1. For all proposals requiring an EIS for which the county is the lead agency and for which the responsible official determines that the EIS shall be prepared by the county, the county may charge and collect a reasonable fee from any applicant to cover costs incurred by the county in the preparation of an EIS. The responsible official shall advise the applicant(s) of projected costs of the EIS prior to actual preparation. The applicant(s) shall post bond or otherwise insure payment of such costs.

2. The responsible official may determine that the county will contract directly with a consultant for preparation of environmental documents for activities initiated by some persons or entity other than the county and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the county and applicant after a call for proposals. Applicants may be required to post bond or otherwise insure payment of such costs.

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

D. The county may charge any person for copies of any environmental documents prepared pursuant to the provisions of this chapter, and for the mailing thereof, in a manner provided by Chapter 42.56 RCW. [Ord. 85-01 Part X § 3.]

16.05.280 Adoption by reference.

The following sections of Chapter 197-11 WAC are adopted by reference:

WAC

197-11-960 Environmental Checklist.

197-11-965 Adoption Notice.

197-11-970 Determination of Nonsignificance (DNS).

197-11-980 Determination of Significance and Scoping Notice (DS).

197-11-985 Notice of Assumption of Lead Agency Status.

197-11-990 Notice of Action.

[Ord. 85-01 Part XI § 1.]

Article II. Resource Lands and Critical Areas

16.05.290 Purpose.

Columbia County is required to designate resource lands and critical areas in accordance with RCW 36.70A.170. Furthermore, RCW 36.70A.060 requires the county to adopt regulations that provide for the conservation of resource lands and the protection of those critical areas. [Ord. dated 1/18/94 § 1; Ord. 93-07 § 1.]

16.05.300 Designations.

A. Resource lands are designated as follows: production of horticultural, viticulural, floricultural, dairy, apiary, vegetable, or animal products or berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and that has long-term commercial significance for agricultural production.

1. Primary agricultural lands of long-term commercial significance are those lands classified as “prime,” or Class II (see attachments one, two and three to the ordinance codified in this article) as well as those classified as “unique” by the U.S. Department of Agriculture Soil Conservation Service.

2. Secondary agricultural lands of long-term commercial significance are those agricultural lands that are not primary or unique agricultural lands of long-term commercial significance but are comprised of soils of local importance. Soils of local importance consist of Class III through Class VII soils under the U.S. Department of Agriculture Soil Conservation Service Land Capability System that have an average annual winter wheat yield of 48 bushels per acre or greater.

3. “Forest land” means land primarily useful for growing trees, including Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140 for commercial purposes, and that has long-term commercial significance for growing trees commercially. Forest lands of long-term commercial significance are those classified as having a predominance of private forest land grade six or higher as defined by the forest land grades established by the Department of Revenue (WAC 458-40-530).

4. “Mineral resource land” means lands primarily devoted to the extraction of minerals that have known or potential long-term commercial significance. Minerals include gravel, sand, and valuable metallic substances.

B. Critical areas are designated as follows:

1. “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created for nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the county or city. The methodology used for delineating the presence of wetlands will be the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and the U.S. Army Corps of Engineers’ Regulatory Guidance Letter 90-7, issued September 26, 1990.

2. “Frequently flooded areas” are lands in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and the like. The 100-year floodplain designation of the National Flood Insurance Program shall delineate the presence of frequently flooded areas.

3. “Aquifer recharge area” means an area with a critical recharging effect on an aquifer that is vulnerable to contamination and is used as a sole source of potable water supply. Aquifer recharge areas are those areas designated pursuant to:

a. The Federal Safe Drinking Water Act;

b. Chapters 90.44, 90.48 and 90.54 RCW; and

c. Chapters 173-100 and 173-200 WAC.

4. “Geologically hazardous areas” are areas that because of the susceptibility to erosion, sliding, earthquake, or other geological events, are not generally suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. Geologically hazardous areas are characterized by slopes greater than 15 percent and known erosion, landslides, settling, rock slide, debris flow and/or seismic hazards as defined by the U.S. Department of Agriculture Soil Conservation Service.

5. “Fish and wildlife habitat conservation” means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean cooperative and coordinated land use planning is critically important among counties and cities in a region. In some cases, intergovernmental cooperation and coordination may show that it is sufficient to assure that a species will usually be found in certain regions across the state. Fish and wildlife habitat conservation areas include areas with which endangered, threatened, and sensitive species have a primary association; waters of state natural area preserves and natural conservation areas; and streams and rivers planted with game fish by governmental agencies. [Ord. dated 1/18/94 § 2; Ord. 93-07 § 2.]

16.05.310 Interim development regulations.

A. Resource lands in Columbia County as designated in CCC 16.05.300 shall be conserved in accordance with the following regulations:

1. Primary agricultural lands of long-term commercial significance not already characterized by urban growth shall be conserved exclusively for agriculture and those accessory uses associated with supporting agricultural activities. However, where small isolated pockets of 10 acres or less of primary agricultural lands of long-term commercial significance are surrounded by land predominantly not characterized as primary or secondary agricultural lands of long-term commercial significance, these lands may be converted to permitted or conditional uses provided in the underlying zoning district.

2. Secondary agricultural lands of long-term commercial significance not already characterized by urban growth in the A-1 and A-3 zoning districts shall be conserved for agricultural uses and those accessory uses associated with supporting agricultural activities, forestry activities, activities associated with mineral lands of long-term commercial significance allowed as conditional uses in the underlying zoning district, and the siting of essential public facilities as defined in RCW 36.60A.200. However, where small isolated pockets of 10 acres or less of secondary agricultural lands of long-term commercial significance are surrounded by land not predominantly characterized as primary or secondary agricultural lands of long-term commercial significance, these lands may be converted to permitted or conditional uses provided in the underlying zoning district.

3. Development in and adjacent to secondary agricultural lands of long-term commercial significance in the A-2, AR-1, AR-2, C-1, LI-1, HI-1, and R-1 zoning districts shall assure that its activities will not interfere with the continued long-term commercial use of other agricultural lands.

4. Forest lands of long-term commercial significance on parcels larger than 160 acres shall be conserved for private commercial forestry and those accessory uses associated with supporting forestry activities. This conservation designation will not exclude the permitted or conditional uses of the underlying zone. Secondary uses of grazing and recreational uses are allowed.

5. All residential and commercial developments adjacent to forest lands of long-term commercial significance shall demonstrate the availability of adequate fire protection.

6. Development in and adjacent to mineral lands of long-term commercial significance shall assure that its activities will not interfere with the continued long-term commercial use of other mineral lands.

B. Critical areas in Columbia County as designated in CCC 16.05.300 shall be protected in accordance with the following regulations:

1. Development in or adjacent to wetlands shall prevent or mitigate any adverse impacts on fish and wildlife areas.

2. Columbia County shall not approve an application for development activities in or adjacent to a critical area until all applicable county, state and federal permits and environmental review processes listed in attachment four to the ordinance codified in this article have been obtained or satisfied.

3. Development in or adjacent to wetlands shall prevent or mitigate any adverse impacts on water quality.

4. Development within frequently flooded areas shall prevent or mitigate any disruption of the natural floodplain in accordance with Chapter 15.15 CCC.

5. Development within known aquifer recharge areas shall prevent any direct or indirect discharges that will contaminate the viability of the aquifer as a potable water source. Such discharges may include, but are not limited to, hazardous materials, sewage, and septic wastes.

6. Development within geologically hazardous areas shall reduce or mitigate any hazards by engineering, design, modified construction or mining practices so that risks to health and safety are acceptable. When technology cannot reduce risks to acceptable levels, building in geologically hazardous areas shall be prohibited.

7. Development in or adjacent to fish and wildlife habitat conservation areas shall prevent or mitigate adverse impacts on water quality within area wetlands, streams, and rivers.

8. Development adjacent to fish and wildlife habitat conservation areas shall prevent or mitigate adverse impacts on areas known to have a primary association with endangered, threatened, and/or sensitive species.

C. The regulation promulgated under subsections (A) and (B) of this section are designated as a basis for the exercise of substantive authority and in effect when a DNS or DEIS is issued in accordance with WAC 197-11-660 and Article I of this chapter. Furthermore, the categorical exemptions provided in CCC 16.05.090(A) shall be reduced to the minimum levels established under WAC 197-11-800(1)(b)(i) through (v) for any proposed project and nonproject actions located on resource lands of long-term commercial significance and critical areas as defined under CCC 16.05.300. [Ord. dated 1/18/94 § 3; Ord. 93-07 § 3.]

16.05.320 Notice of development activities occurring within or near designated resource lands.

Notice shall be provided on all plats, short plats, development permits, and building permits issued for development activities on, or within 300 feet of, resource lands designated under CCC 16.05.300(A) that a variety of commercial activities may occur on such resource lands that are not compatible with residential development for certain periods of limited duration. [Ord. dated 1/18/94 § 4; Ord. 93-07 § 4.]

16.05.330 Review of designations and interim development regulations.

The designations and development regulations provided in this article shall be reviewed when adopting a comprehensive plan under RCW 36.70A.040 and implementing development regulation under RCW 36.70A.120, and may be altered to ensure consistency. [Ord. dated 1/18/94 § 5; Ord. 93-07 § 5.]