Chapter 22.81
GENERAL REQUIREMENTS

Sections:

22.81.010    Purpose of this chapter and adoption of WAC sections by reference.

22.81.020    Additional definitions.

22.81.030    Designation of responsible official.

22.81.040    Lead agency determination and responsibilities.

22.81.050    Transfer of lead agency status to a state agency.

22.81.060    Additional timing considerations.

22.81.010 Purpose of this chapter and adoption of WAC sections by reference.

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

WAC

(Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-020, filed 6/15/84. Formerly WAC 173-805-020.) (Ord. 1535 § 1, 2013; Ord. 1206 § 3, 1998).

22.81.020 Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, and WAC 197-11-220, when used in this title, the terms “department,” “early notice,” “ordinance,” and “SEPA rules” shall have the meanings provided in Chapter 22.98 FMC, unless the context indicates otherwise. (Ord. 1535 § 1, 2013; Ord. 1206 § 3, 1998).

22.81.030 Designation of responsible official.

(a) For those proposals for which the city is the lead agency, the responsible official shall be the city manager or his/her designee.

(b) For all proposals for which the city 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 city shall retain all documents required by the SEPA rules, Chapter 197-11 WAC, and make them available in accordance with Chapter 42.17 RCW. (Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-040, filed 6/15/84. Formerly WAC 173-805-115.) (Ord. 1535 § 1, 2013; Ord. 1206 § 3, 1998).

22.81.040 Lead agency determination and responsibilities.

(a) The department within the city 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 city is not 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 city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city 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 city may conduct supplemental environmental review under WAC 197-11-600.

(d) If the city 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 be resolved within 15 days of receipt of the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city may be initiated by the planning/building director.

(e) Departments of the city 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?) (Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-050, filed 6/15/84. Formerly WAC 173-805-070.) (Ord. 1535 § 1, 2013; Ord. 1206 § 3, 1998).

22.81.050 Transfer of lead agency status to a state agency.

For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the city’s responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and city shall be an agency with jurisdiction. To transfer lead agency duties, the city’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 city shall also give notice of the transfer to the private applicant and other agencies with jurisdiction over the proposal. (Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-053, filed 6/15/84. Formerly WAC 173-805-053.) (Ord. 1535 § 1, 2013; Ord. 1206 § 3, 1998).

22.81.060 Additional timing considerations.

(a) For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city’s staff recommendation to any appropriate advisory body, such as the hearing examiner or planning commission.

(b) If the city’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 city conduct environmental review prior to submission of the detailed plans and specifications. (Statutory authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), WAC 173-806-058, filed 6/15/84. Formerly Chapter 173-805 WAC.) (Ord. 1638 § 58, 2019; Ord. 1535 § 1, 2013; Ord. 1206 § 3, 1998).