Chapter 18.04 SEPA REGULATIONS

Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. The SEPA rules contained in Chapter 197-11 WAC, must be used in conjunction with this chapter. (Ord. 1261 §2(part), 1999)

18.04.020 Adoption 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, as now existing or hereafter amended, by reference:

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. 1261 §2(part), 1999)

18.04.030 Additional definitions.

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

“City” means the city of Goldendale.

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

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

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

“SEPA rules” means WAC Chapter 197-11 adopted by the Department of Ecology. (Ord. 1261 §2(part), 1999)

18.04.040 Designation of responsible official.

For those proposals for which the city is the lead agency and for the purpose of determining which agency is lead agency, the responsible official shall be the city clerk-treasurer unless otherwise designated by the city council. The responsible official shall make the threshold determination, supervise scoping and preparation of any environmental impact statement, and perform other duties assigned to the lead agency by those sections of SEPA that have been adopted by reference for all proposals in which the city is the lead agency. (Ord. 1261 §2(part), 1999)

18.04.050 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, 197-11-253 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, 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 the city determines a supplemental environmental review is necessary under WAC 197-11-600.

C. 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 197-11-253 or 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 city 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 city may be initiated by the responsible official or any department.

D. The responsible official is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944.

E. When making a lead agency determination for a private project, the responsible official shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. (Ord. 1261 §2(part), 1999)

18.04.060 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 the 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 any other agencies with jurisdiction over the proposal. (Ord. 1261 §2(part), 1999)

18.04.070 Categorical exemptions and threshold determinations--Adoption by reference.

This part contains rules for deciding whether a proposal will have a probable significant adverse environmental impact requiring an environmental impact statement (EIS) and rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections, as now existing or hereafter amended, by reference, as supplemented in this chapter:

197-11-300 Purpose.

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 non-significance (DNS).

197-11-350 Mitigated DNS.

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

197-11-390 Effect of threshold determination.

(Ord. 1261 §2(part), 1999)

18.04.080 Categorical exemptions--Adoption by reference.

The city adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereafter amended, by reference, as supplemented in this chapter:

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 1261 §2(part), 1999)

18.04.090 Categorical exemptions--Flexible thresholds.

A. The city establishes the following exempt levels for minor new construction based on local conditions:

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

2. For agricultural structures in WAC 197-11-800(1)(b)(ii) up to twenty thousand square feet;

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

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

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

B. The city shall send copies of adopted flexible threshold levels to the Department of Ecology, Headquarters Office, Olympia, WA 98504. (Ord. 1261 §2(part), 1999)

18.04.100 Environmental checklist.

A. A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted by this chapter. The checklist shall be in the form provided in WAC 197-11-960 with additions that may be required by the responsible official in accordance with WAC 197-11-906(4).

B. A checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency.

C. For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

D. The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

1. The city has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.

E. The applicant shall pay to the city actual costs of providing information under subsection (D)(2) of this section. (Ord. 1261 §2(part), 1999)

18.04.110 Mitigated DNS.

A. The responsible official may issue a determination of non-significance (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. The applicant may request in writing early notice of whether a determination of significance (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 city’s/county’s actual threshold determination for the proposal.

C. The responsible official’s response to the request for early notice shall:

1. Be written;

2. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that are leading the city 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 environmental checklist, the city shall base its threshold determination on the changed or clarified proposal.

1. If the city 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 city shall issue and circulate a DNS under WAC 197-11-340(2) if no additional information or mitigation measures are required.

2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city 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.

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. The city shall not act upon a proposal for which a mitigated DNS is issued for fifteen days after the date of issuance.

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 city.

G. If the city’s/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 city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to withdrawal of DNS.

H. The city’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 city/county to consider the clarifications or changes in its threshold determination. (Ord. 1261 §2(part), 1999)

18.04.120 Environmental impact statement (EIS)--Adoption by reference.

This section contains rules for preparing environmental impact statements. The city adopts the following sections by reference, as now existing or hereafter amended, as supplemented by this chapter:

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 Expended scoping.

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 non-project proposals.

197-11-443 EIS contents when prior non-project 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 DEIS.

197-11-460 Issuance of FEIS.

(Ord. 1261 §2(part), 1999)

18.04.130 EIS—Commenting—Adoption by reference.

This part contains rules for consulting, commenting, and responding to all environmental documents prepared under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as now existing or hereafter amended, as supplemented in this chapter:

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 costs to assist lead agency.

(Ord. 1261 §2(part), 1999)

18.04.140 Public notice.

A. Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 19711-360(3) the city 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 city shall give notice of the DNS or DS by publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and

3. Whenever the city issues a DS under WAC 197-11-360(3), the city 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 city 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 notice in a newspaper of general circulation in the county, city or general area where the proposal is located.

C. Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the proposal.

D. The city may require an applicant to compensate the city for expenses incurred for compliance with public notice requirements for the applicant’s proposal. (Ord. 1261 §2(part), 1999)

18.04.150 Designation of official to perform consulted agency responsibilities.

A. The city clerk-treasurer or other official designated by the city council shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

B. The city clerk-treasurer or other official designated by the city council shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city 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 city. (Ord. 1261 §2(part), 1999)

18.04.160 Existing environmental documents--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 city’s own environmental compliance. The city adopts the following sections by reference, as now existing or hereafter amended, as supplemented in this chapter:

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. 1261 §2(part), 1999)

18.04.170 SEPA decisions--Adoption by reference.

This section 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 to agencies or the courts. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference:

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

197-11-700 Definitions.

(Ord. 1261 §2(part), 1999)

18.04.180 Substantive authority--SEPA.

A. The city may attach conditions to a permit, approval, or license for a proposal so long as:

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 city 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 GMC Section 18.04.190 and cited in the permit, approval, license or other decision document.

B. The city 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 probable 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.

C. The city formally eliminates appeals to the city council when any shorelines management proposal or action not requiring a decision of the city council is conditioned or denied on the basis of SEPA by a non-elected official. (Ord. 1261 §2(part), 1999)

18.04.190 Policies--SEPA.

A. The policies and goals set forth in this chapter are supplementary to the existing authority of the city.

B. The city adopts by reference the policies in the following statute, city codes, ordinances, resolutions, and plans, as now existing or hereafter amended, by reference, as a basis for the exercise of substantive authority in conditioning or denying proposals:


1	Chapter 43.21C RCW State Environmental Policy Act.
2	City of Goldendale Comprehensive Plan.
3	City of Goldendale Shorelines Master Program.
4	City of Goldendale Comprehensive Water Plan.
5	City of Goldendale Six Year Street Plan.
6	GMC Title 5, Business Taxes, License and Regulations.
7	GMC Title 8, Health and Safety.
8	GMC Title 10, Vehicles and Traffic.
9	GMC Title 12, Streets, Sidewalks and Public Places.
10	GMC Title 13, Public Services.
11	GMC Title 15, Building and Construction Ordinance.
12	GMC Title 16, Subdivision.
13	GMC Title 17, Zoning.
14	GMC Title 18, Environment.
15	Flood protection ordinance.

(Ord. 1261 §2(part), 1999)

18.04.200 Definitions--Adoption by reference.

This section contains uniform usage and definitions of terms under SEPA. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference, as supplemented in this chapter:

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 non-significance (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 Non-project.

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. 1261 §2(part), 1999)

18.04.210 Compliance with SEPA--Adoption by reference.

This section contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, 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 agency for private projects requiring license 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. 1261 §2(part), 1999)

18.04.220 Fees.

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

A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee of fifteen dollars 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 city assists the applicant or completes the environmental checklist at the applicant’s request an additional fee equal to the estimated actual cost of providing assistance shall be collected.

B. Environmental Impact Statement.

1. When the city 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 city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by the city.

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

C. The city shall not collect a fee for performing its duties as a consulted agency. (Ord. 1261 §2(part), 1999)

18.04.230 Forms--Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference:

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of non-significance (DNS).

197-11-980 Determination of significance and scoping notice.

197-11-985 Notice of assumption of lead agency status.

197-11-990 Notice of action.

(Ord. 1261 §2(part), 1999)