Chapter 19.04 STATE ENVIRONMENTAL POLICY ACT IMPLEMENTATION

The county 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. This chapter contains the county’s SEPA procedures and policies. The SEPA rules, WAC Chapter 197-11, must be used in conjunction with this chapter. (Ord. TLS 98-02-29B Exh. A (part))

19.04.020 Purpose and adoptions by reference.

This article contains the basic requirements that apply to the SEPA process. The county adopts the following sections of WAC Chapter 197-11 by reference:

197-11-040 Definitions.

197-11-050 Lead Agency.

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.

197-11-158 GMA project review-reliance on existing plans and regulations.

197-11-210 SEPA/GMA integration.

197-11-220 SEPA/GMA definitions.

197-11-228 Overall SEPA/GMA integration procedures.

197-11-230 Timing of an integrated GMA/SEPA process.

197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235 Documents.

197-11-238 Monitoring.

197-11-250 SEPA/Model Toxics Control Act integration.

197-11-253 SEPA lead agency for MTCA actions.

197-11-256 Preliminary evaluation.

197-11-259 Determination of nonsignificance for MTCA remedial actions.

197-11-262 Determination of significance and EIS for MTCA remedial actions.

197-11-265 Early scoping for MTCA remedial actions.

197-11-268 MTCA interim actions.

(Ord. TLS 98-02-29B Exh. A (part))

19.04.030 Definitions.

A. Adopted by Reference. This subsection contains uniform usage and definitions of terms under SEPA. The county adopts the following WAC sections by reference, as supplemented by WAC 197-806-040:

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.

197-11-716 Applicant.

197-11-718 Built environment.

197-11-720 Categorical exemption.

197-11-722 Consolidated appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decision maker.

197-11-732 Department.

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

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

197-11-738 EIS.

197-11-740 Environment.

197-11-742 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-750 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.

197-11-776 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.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying governmental action.

B. Additional Definitions. In addition to those definitions contained within Chapter 14.98, WAC 197-11-220 and WAC 197-11-700 through 197-11-799, excluding WAC 197-11-721 and 197-11-775, when used in this chapter, 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. “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).

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

4. “SEPA rules” means WAC Chapter 197-11 adopted by the Department of Ecology. (Ord. TLS 98-02-29B Exh. A (part))

19.04.040 Designation of responsible official.

A. The head of the department or the division of the department making the proposal shall be the responsible official for public proposals. The head of the department or division with primary responsibility for processing, reviewing and/or approving the proposed action shall be the responsible official. When multiple officials have permitting authority, the assignment of responsibility shall be reached by agreement.

B. The responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement, and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that are adopted by reference in Section 19.04.020 for all proposals where the county is the lead agency. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 98-02-29B Exh. A (part))

19.04.050 Lead agency determination 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, WAC 197-11-253, and WAC 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 the 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 197-11-253 or 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 calendar 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 department or division head may initiate any such petition on behalf of the county.

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.

G. The county shall retain all documents required by the SEPA rules (WAC Chapter 197-11) and make them available in accordance with RCW Chapter 42.17. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 98-02-29B Exh. A (part))

19.04.060 Additional timing considerations.

The DNS or final ElS for the proposal shall accompany the county’s staff recommendation to any appropriate review authority, such as the planning commission or hearing examiner for non-exempt proposals. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 98-02-29B Exh. A (part))

19.04.070 Agency compliance.

This chapter contains the rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The county adopts the following WAC sections by reference:

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 agencies 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 disputes.

197-11-948 Assumption of lead agency status.

(Ord. TLS 98-02-29B Exh. A (part))

19.04.080 Fees.

The county shall require the following fees for its activities in accordance with the provisions of this chapter:

A. Threshold Determination. For every environmental checklist the county will review 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. When the threshold determination requires a public notice of a DNS or DS, an additional fee shall be collected from the proponent. For each additional public notice required under this chapter or under Chapter 197-11 WAC, the county shall collect an additional fee from the proponent. Fees shall be established by resolution of the board of county commissioners.

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(s) to cover costs incurred by the county in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation. The applicant shall post bond or otherwise ensure payment of such costs. Fees shall be established by resolution of the board of county commissioners.

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 persons or entities other than the county. The consultant shall bill such costs and expenses directly to the applicant. The applicant shall post bond or otherwise ensure payment of such costs. Such consultants shall be approved by the responsible official and 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 subsections A or B of this section which remain after incurred costs are paid.

C. Consulted Agency. The county shall not collect a fee for performing its duties as a consulted agency unless authorized in an agreement with the lead agency.

D. Copies. The county may charge any person or agency for copies of any documents prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. TLS 98-02-29B Exh. A (part))

19.04.090 Forms.

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 status.

197-11-990 Notice of action.

(Ord. TLS 98-02-29B Exh. A (part))

Article II. Categorical Exemptions and Threshold Determination

19.04.100 Purpose and adoptions by reference.

This article contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This article also contains rules for evaluating the impacts of proposals not requiring an EIS. The county adopts the following WAC sections by reference, as supplemented in this chapter:

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.

197-11-355 Optional DNS process.

197-11-360 Determination of significance (DS)/initiation of scoping.

197-11-390 Effect of threshold determination.

(Ord. TLS 98-02-29B Exh. A (part))

19.04.110 Flexible thresholds for categorical determinations.

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

1. For residential dwelling units in WAC 197-11-800(1)(b)(i): twenty or fewer dwelling units;

2. For agricultural structures in WAC 197-11-800(1)(b)(ii): thirty thousand square feet or less on lands classified within an industrial or agricultural zoning district, twelve thousand square feet or less on lands classified in all other zoning districts;

3. For office, school, commercial, recreational service or storage buildings in WAC 197-11-800(1)(b)(iii): twelve thousand square feet or less and forty or fewer parking spaces;

4. For parking lots in WAC 197-11-800(1)(b)(iv): forty or fewer parking spaces;

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

B. Whenever the county establishes new exempt levels under this chapter, it shall send them to the Department of Ecology under WAC 197-11-800(1)(c). (Ord. TLS 08-07-27B: Ord. TLS 98-02-29B Exh. A (part))

19.04.120 Use of exemptions.

A. Each department or division within the county that receives an application for a proposed action or, in the case of governmental proposals, the department or division initiating the proposal shall determine whether the proposed action 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 or division shall make certain the proposal is properly defined and shall identify the governmental approvals required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the proposed action 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 prior to compliance 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 reasonable alternatives;

2. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose until the nonexempt action(s) were approved; and

3. 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. (Ord. TLS 98-02-29B Exh. A (part))

19.04.125 Categorical exemptions—General.

The county adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including DCC Sections 19.04.110 and 19.04.120:

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. TLS 98-02-29B Exh. A (part))

19.04.130 Environmental checklist.

A. Except as provided in subsection C of this section, 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 proposed action, permit, license, certificate or other approval not specifically exempted in the chapter; except, that 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.

B. For private proposals, the county will require the applicant to complete the environmental checklist for private proposals. The department initiating a proposal shall complete the environmental checklist for county proposals.

C. The county shall use its existing environmental checklist form as provided in WAC 197-11-315 for projects submitted as planned actions under WAC 197-11-164. The modified environmental checklist form may be prepared and adopted along with or as a part of a planned action ordinance, or developed after the ordinance is adopted. In either case, a modified checklist form must be sent to the department of ecology to allow at least a thirty-calendar-day review prior to use. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 98-02-29B Exh. A (part))

19.04.140 Mitigated DNS.

A. As provided in this article 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 clarification 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 or be concurrent with the submission of an 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 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.

D. 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 after receiving the changed or clarified proposal:

1. If the county indicated all 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 may issue and circulate a DNS under WAC 197-11-340(2) if all necessary mitigation measures have been identified.

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 a 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 machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” or reference to specific codes and laws 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 either WAC 197-11-340(2), requiring a fourteen day comment period and public notice, or WAC 197-11-355(5), which may require no additional comment period beyond the comment period on the notice of application.

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.

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. (Ord. TLS 98-02-29B Exh. A (part))

Article III. EIS Preparation

19.04.150 Purpose and adoptions by reference.

This article contains the rules for preparing environmental impact statements. The county adopts the following WAC 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 EIS contents on nonproject proposals.

197-11-443 EIS contents when prior nonproject EIS.

197-11-444 Elements of the environment.

197-11-448 Relationship of EIS to other considerations.

197-11-450 Cost-benefit analysis.

197-11-455 Issuance of draft EIS.

197-11-460 Issuance of final EIS.

(Ord. TLS 98-02-29B Exh. A (part))

19.04.160 Who shall prepare.

A. Preparation of draft and final EIS’s (DEIS and FEIS) and draft and final supplemental EIS’s (SEIS) is the responsibility of the responsible official of the department or division under which the action will be taken. Before the county issues an EIS, the responsible official shall be satisfied that it complies with this chapter and WAC Chapter 197-11.

B. The DEIS and FEIS or draft and final SEIS shall be prepared by county staff, the applicant if approved by the responsible official, or by consultants approved by the responsible official and selected by the county and 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, billing procedures, financial arrangements for the consultant, and shall include approval process clarification for 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 which will aid the decision making process. This may include information the county may request under another ordinance or statute. (Ord. TLS 98-02-29B Exh. A (part))

19.04.180 Using existing documents.

This section 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 WAC sections by reference:

197-11-164 Planned actions —Definition and criteria.

197-11-168 Ordinances or resolutions designating planned actions —Procedures for adoption.

197-11-172 Planned actions —Project review.

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. TLS 98-02-29B Exh. A (part))

Article IV. Commenting

19.04.190 Purpose and adoptions by reference.

This article contains rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The county adopts the following WAC sections by reference, as supplemented in this article:

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.

197-11-510 Public notice.

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 cost to assist lead agency.

(Ord. TLS 98-02-29B Exh. A (part))

19.04.200 Public notice.

A. 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.

B. 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 a SEPA document is issued concurrently with the notice of application, the public notice requirements for the notice of application will suffice to meet the SEPA public notice requirements.

2. If no public notice is otherwise required for the permit or approval, the county shall give notice of the DNS or DS by at least one of the following methods as determined by the responsible official:

a. Publication in the official legal newspaper of the county;

b. Posting the property for site-specific proposals;

c. Posting notice on a public notice bulletin board or in a public notice register in the office of the lead agency;

d. Publishing notice in a newspaper of general circulation in the general area where the proposal is located;

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

f. Notifying the news media;

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

h. 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.

C. If a DNS is issued using the optional DNS process, the public notice requirements for the notice of application in Section 14.08.050 as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements.

D. 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 action: and at least one of the following methods as determined by the responsible official:

a. Publication in the official legal newspaper of the county;

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

c. Publishing notice in a newspaper of general circulation in the general area where the proposal is located;

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

e. Notifying the news media;

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

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

2. The county may require an applicant to complete the public notice requirements for the applicant’s proposal at applicant’s expense. Affidavit(s) of fulfilling public notice requirements shall be submitted to the responsible official by the applicant. (Ord. TLS 98-02-29B Exh. A (part))

19.04.210 Responsibility for consulted agency duties.

A. The responsible official shall be that officer or department or division head of any department or division within the county which issues any permits or licenses related to the action that is the subject of the consultation request. The responsible official shall be responsible for preparation of written comments for the county and responds to consultation requests prior to a threshold determination, participation in scoping, and reviewing a DEIS.

B. This officer or department head 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 the responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the county. (Ord. TLS 98-02-29B Exh. A (part))

Article V. Decisions

19.04.220 Purpose and adoptions by reference.

This article contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section also contains procedures for appealing SEPA determinations. The county adopts the following WAC sections by reference:

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

(Ord. TLS 98-02-29B Exh. A (part))

19.04.230 Provisions are supplemental.

The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the county. (Ord. TLS 98-02-29B Exh. A (part))

19.04.240 Conditions.

The county may attach conditions to a permit or approval for a proposal so long as:

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

B. Such conditions are in writing; and

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

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

E. Such conditions are based on one or more policies in Section 19.04.260 and cited in the notice of action, license or other decision document. (Ord. TLS 98-02-29B Exh. A (part))

19.04.250 Denials.

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

A. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; 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 Section 19.04.260 and identified in writing in the decision document. (Ord. TLS 98-02-29B Exh. A (part))

19.04.260 Policies guiding decision-making.

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

A. The county shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:

1. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

2. Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

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

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

5. Maintain, wherever possible, an environment that supports diversity and variety of individual choice;

6. Achieve a balance between population and resource use that allows high standards of living and a wide sharing of life’s amenities; and

7. 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 goals, policies and purposes in the following county documents, as they now exist or may be hereafter amended:

1. Douglas County Subdivision Regulations, Title 17 of the Douglas County Code;

2. Douglas County Zoning Regulations, Title 18, of the Douglas County Code;

3. Douglas County regional policy plan;

4. Douglas County comprehensive plan, including:

a. Transportation element;

b. Capital facilities plan;

c. Bridgeport urban area comprehensive plan;

d. Mansfield urban area comprehensive plan;

e. Rock Island area comprehensive plan;

f. Waterville urban area comprehensive plan;

g. Greater East Wenatchee area comprehensive plan;

5. Douglas County flood hazard management plan;

6. Title 15 Douglas County Code, Buildings and Construction;

7. Douglas County wellhead protection plan;

8. Douglas County shoreline master program;

9. Title 19 Douglas County Code, Environment;

10. Title 20 Douglas County Code, Development Standards. (Ord. TLS 03-01-01B Exh. B (part): Ord. TLS 98-02-29B Exh. A (part))

19.04.270 Appeals.

An appeal of environmental determinations made or lacking under SEPA or this chapter shall be filed pursuant to Section 14.12.030. (Ord. TLS 98-02-29B Exh. A (part))

19.04.280 Notice of actions—Statute of limitations.

A. The county, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published at the expense of the applicant by the responsible official, applicant or proponent pursuant to RCW 43.21C.080. (Ord. TLS 98-02-29B Exh. A (part))

19.04.290 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. TLS 98-02-29B Exh. A (part))