Chapter 14.04 ENVIRONMENTAL POLICY

A. The county of Okanogan 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.

B. This chapter contains this county’s SEPA procedures and policies.

C. The SEPA Rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. (Ord. 95-5 § 1, 1995).

Article II. General Requirements

14.04.020 Purpose of this article and adoption of WAC sections by reference.

This article contains the basic requirements that apply to the SEPA process. The county adopts the following sections of Chapter 197-11 of the Washington Administrative Code 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 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. 95-5 § 1, 1995).

Article III. Definitions

14.04.030 Purpose of this article and adoption of WAC sections by reference.

This article contains uniform usage and definitions of terms under SEPA. The county adopts the following sections 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.

197-11-722 Consolidated appeals.

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.

197-11-793 Scoping.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying governmental action.

(Ord. 95-5 § 1, 1995).

14.04.040 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:

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

B. “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).

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

D. “SEPA Rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

E. “Culture” means the body of customary beliefs, social forms, and material traits constituting a distinct complex of tradition of a racial, religious or social group; that complex whole that includes knowledge, belief, morals, law, customs, opinions, religion, superstition and art as defined in a resolution of the board of Okanogan County commissioners.

F. “Custom” means a usage or practice of the people, which by common adoption and acquiescence and by long and unvarying habit, had become compulsory and has acquired the force of a law with respect to the place or subject matter to which it relates; an habitual or customary practice, more or less widespread, which prevails within a geographic or sociological area as defined in a resolution of the board of Okanogan County commissioners.

G. “Economic stability” means those economic factors that are necessary for the stability of the community in economic, social, cultural and public health and safety terms as defined in a resolution of the board of Okanogan County commissioners.

H. “Effects” means results or consequences of actions. Socioeconomic effects are those results or consequences on the customs, culture, economic stability and environmental harmony of Okanogan County. Desired effects are those effects that directly or indirectly enhance the environmental harmony of Okanogan County.

I. “Environmental harmony” means the desired balance necessary for the mutual maintenance and preservation of the natural environment, custom and culture, and the economic stability of Okanogan County.

J. “Socioeconomic analysis” means a factual discussion concerning the effect(s) of a proposal on the culture, customs, economic stability and environmental harmony of Okanogan County. It includes discussion of any probable direct or indirect infringement of private property rights. (Ord. 95-5 § 1, 1995).

14.04.050 Designation of responsible official.

A. For private proposals, the department head with primary responsibility for approving permits and licenses shall act as responsible official, unless the board of county commissioners elects to act in that capacity. For public proposals, the head of the department initiating the proposal shall act as responsible official, unless the board elects to serve as responsible official.

B. For all proposals for which the county is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in OCC 14.04.020.

C. The county planning department shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 95-5 § 1, 1995).

14.04.060 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 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

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

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 and SA of the lead agency in making decisions on the proposal. No county department shall prepare or require preparation of a DNS, EIS, or SA in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the county may conduct supplemental environmental review under WAC 197-11-600.

D. If the county or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940 or any other part of this title, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 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 15-day time period. Any such petition on behalf of the county may be initiated by the department receiving the lead agency determination.

E. Departments of the county are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

F. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. (That is: Which agencies require nonexempt licenses?) (Ord. 95-5 § 1, 1995).

14.04.070 Additional considerations in time limits applicable to the SEPA process.

The following time limits (expressed in calendar days) shall apply when the county processes licenses for all private projects and those governmental proposals submitted to the county by other agencies:

A. Categorical Exemptions. The county shall identify whether an action is categorically exempt within seven days of receiving a completed application.

B. Threshold Determinations.

1. The county should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 days of the date an applicant’s adequate application and completed checklist are submitted.

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

a. The county should request such further information within 15 days of receiving an adequate application and completed environmental checklist;

b. The county shall wait no longer than 30 days for a consulted agency to respond;

c. The responsible official should complete the threshold determination within 15 days of receiving the requested information from the applicant or the consulted agency.

3. When the county must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the county should complete the studies within 30 days of receiving an adequate application and a completed checklist.

4. The county shall complete threshold determinations on actions where the applicant recommends in writing that an EIS and SA be prepared, because of the probable significant adverse environmental impact(s) or socioeconomic effect(s) described in the application, within 15 days of receiving an adequate application and completed checklist. (Ord. 95-5 § 1, 1995).

14.04.080 Additional timing considerations.

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

B. If the county’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request, in writing, that the county conduct environmental or socioeconomic review, or both, prior to submission of the detailed plans and specifications. The county may initiate a threshold determination if the responsible official determines that the principal features and impacts of the proposal can be identified. (Ord. 95-5 § 1, 1995).

Article IV. Categorical Exemptions and Threshold Determinations

14.04.090 Purpose of this article and adoption of WAC sections by reference.

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

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).

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

197-11-390 Effect of threshold determination.

(Ord. 95-5 § 1, 1995).

14.04.100 Flexible thresholds for categorical exemptions.

Okanogan County establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(d) based on local conditions.

A. The following exempt levels shall apply to all of Okanogan County:

1. For residential dwelling units:

a. Up to 20 single-family units; and

b. Up to 25 multifamily units;

2. For agricultural structures: up to 40,000 square feet;

3. For office, school, commercial, recreational, service or storage buildings: up to 12,000 square feet and up to 40 parking spaces;

4. For parking lots: up to 40 parking spaces;

5. For landfills and excavations: up to 1,000 cubic yards. (Ord. 2014-1 Exh. A, 2014; Ord. 95-5 § 1, 1995).

14.04.110 Use of exemptions.

A. Each department within the county that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license 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 any environmental checklist for an exempt proposal.

B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

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

1. The county shall not give authorization for:

a. Any nonexempt action,

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

c. Any action that would limit the choice of 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 if nonexempt action(s) were not 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. 95-5 § 1, 1995).

14.04.120 Environmental checklist.

A. A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the county and applicant agree an EIS and SA are required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The county shall use the environmental checklist to determine the lead agency and, if the county is the lead agency, for determining the responsible official and for making the threshold determination.

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

C. The county 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 county 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. (Ord. 95-5 § 1, 1995).

14.04.130 Mitigated DNS.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

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

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

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

C. The responsible official should respond to the request for early notice within 10 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. As much as possible, the county should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the county shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal.

1. If the county indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the county shall issue and circulate a DNS under WAC 197-11-340(2).

2. If the county indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the county shall make the threshold determination, issuing a DNS or DS as appropriate.

3. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” 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.

F. Mitigated DNSs issued under WAC 197-11-340(2) require a 15-day comment period and public notice period.

G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the county.

H. If the county’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the county should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (Withdrawal of DNS).

I. The county’s written response under subsection B of this section shall not be construed as a determination of significance. In addition, preliminary discussion of 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. 95-5 § 1, 1995).

Article V. Environmental Impact
Statement (EIS)

14.04.140 Purpose of this article and adoption of WAC sections by reference.

This article contains the rules for preparing environmental impact statements. The county adopts the following sections by reference, as supplemented by this article:

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.

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.

197-11-448 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. 95-5 § 1, 1995).

14.04.150 Preparation of EIS – Additional considerations.

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

B. The DEIS and FEIS or draft and final SEIS shall be prepared by the county staff, the applicant, or by a consultant selected by the county or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the county will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the county’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

C. The county may require an applicant to provide information the county does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the county may request under another ordinance or statute.) (Ord. 95-5 § 1, 1995).

Article V(a). Socioeconomic Analysis (SA)

14.04.151 Purpose of socioeconomic analysis.

A. Applicants shall prepare socioeconomic analysis as follows:

1. SAs need analyze only the reasonable alternatives and probable adverse socioeconomic effects that are significant, unless such effects involve the infringement of private property rights. Beneficial socioeconomic effects or other consequences may be discussed.

2. The level of detail shall be commensurate with the importance of the effect, with less important material summarized, consolidated, or referenced.

3. Discussion of insignificant effects is not required; if included, such discussion shall be brief and limited to summarizing effects or noting why more study is not warranted. This subsection does not apply to a possible infringement of private property rights.

4. Description of existing socioeconomic conditions and the nature of socioeconomic effects shall be limited to the affected conditions and shall be no longer than is necessary to understand the socioeconomic consequences of the alternatives, including the proposal.

5. SAs shall be no longer than necessary to comply with SEPA and these rules. Length should relate first to potential socioeconomic problems and then to the size or complexity of the alternatives, including the proposal.

6. Agencies shall reduce paperwork and the accumulation of background data by adopting or incorporating by reference, existing, publicly available socioeconomic documents, wherever possible.

7. Agencies shall prepare SAs concurrently with and coordinated with socioeconomic studies and related surveys that may be required for the proposal under other laws, when feasible.

8. The range of alternative courses of action discussed in SAs shall encompass those to be considered by the decision maker.

9. SAs shall serve as the means of assessing the socioeconomic effect of proposed agency action, rather than justifying decisions already made.

10. Probable impacts to private property rights shall be discussed. (Ord. 95-5 § 1, 1995).

14.04.152 SA to track with EIS.

The same considerations and requirements for ElSs listed in WAC 197-11-405 through 197-11-443, 197-11-500 through 197-11-570, 197-11-650 through 197-11-680, OCC 14.04.170 and 14.04.180, and 14.04.210 through 14.04.230 shall apply to SAs. Any reference to EIS, DEIS, FEIS or SEIS shall also mean the equivalent SA document. Any reference to an “environmental document” shall also mean a “socioeconomic document.” (Ord. 95-5 § 1, 1995).

14.04.153 SA forms.

There will be no designated forms for SAs. SAs shall be written in such a manner as to clearly and concisely discuss conditions and effects. (Ord. 95-5 § 1, 1995).

14.04.154 Fees.

Fees for processing an SA shall be set by the director of planning. (Ord. 95-5 § 1, 1995).

Article VI. Commenting

14.04.160 Adoption of WAC sections 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 sections by reference, as supplemented in this article:

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. 95-5 § 1, 1995).

14.04.170 Public notice.

A. Whenever Okanogan 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. A public notice shall be published in a newspaper of general circulation in the county, city or general area where the proposal is located.

2. 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.

3. If no public notice is required for the permit or approval, the county shall give notice by at least one of the following:

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

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

c. Notifying the news media;

d. Placing notices in appropriate regional, neighborhood, ethnic or trade journals;

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

f. Notifying adjacent landowners.

4. Whenever the county issues a DS under WAC 197-11-360(3), the county shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

B. Whenever the county issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

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

2. Indicating the availability of the DEIS in any public notice required for a nonexempt license by at least one of the following:

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

b. Notifying public or private groups and individuals which have expressed interest in a certain proposal or in the type of proposal being considered,

c. Notifying the news media,

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

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

f. Notifying adjacent landowners.

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

D. The county may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 95-5 § 1, 1995).

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

A. The county planning department shall be responsible for preparation of written comments for the county in response to a consultation request.

B. This department shall be responsible for the county’s compliance with WAC 197-11-550 whenever the county is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the county. (Ord. 95-5 § 1, 1995).

Article VII. Using Existing
Environmental Documents

14.04.190 Purpose of this article and adoption of WAC sections by reference.

This article 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 sections 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. 95-5 § 1, 1995).

Article VIII. SEPA and Agency Decisions

14.04.200 Purpose of this article and adoption of WAC sections 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 article also contains procedures for appealing SEPA determinations to agencies or the courts. The county adopts the following sections 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. 95-5 § 1, 1995).

14.04.210 Substantive authority.

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

B. The county may attach conditions to a permit or approval 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 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 D of this section and cited in the license or other decision document.

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

1. A finding is made that approving the proposal would result in 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.

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

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

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

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

3. The county adopts by reference the policies in the following county codes, ordinances, resolutions and plans:

a. Okanogan County comprehensive plan;

b. Methow Valley Plan, an addendum to Okanogan County’s comprehensive plan;

c. Master program for Okanogan County shoreline management.

E. Except for permits and variances issued pursuant to the master program for Okanogan County shoreline management, when any proposal or action not requiring a decision of the board of county commissioners is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the board of county commissioners. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. Review by the board of county commissioners shall be on a de novo basis. (Ord. 95-5 § 1, 1995).

14.04.220 Appeals.

A. Okanogan County establishes the following administrative appeal provisions pursuant to RCW 43.21C.075 and WAC 197-11-680:

1. a. An appeal from a final determination on quasi-judicial applications by the responsible official must be filed, in writing, with the administrator for the office of hearing examiner. The appeal must be received or postmarked within 15 calendar days after the final determination has been published in the official county newspaper.

b. A threshold determination may not be appealed, except, a threshold determination of significance may be appealed in accordance with this section.

c. No threshold or final determination regarding a legislative proposal may be appealed, unless the determination is connected to an appeal of the government’s final decision on the proposal.

d. All appeals filed in accordance with this section shall be heard by the hearing examiner in accordance with Chapter 2.65 OCC.

2. Failure to comment on the threshold determination shall deny a party standing to appeal the final determination.

3. All appellants under subsection (A)(1) of this section shall state, with specificity and the reasons therefor, all elements of the environmental checklist and final determination that are inadequate. Failure to state specific grounds for objections in the notice of appeal shall constitute a waiver of those objections.

4. If there is an appeal in cases where an environmental impact statement has been prepared on a quasi-judicial application, and the appeal relates to the adequacy of specific elements, it must be filed in writing with the administrator for the office of hearing examiner. The appeal must be received or postmarked within 15 calendar days after notice of the final environmental impact statement has been published in the official county newspaper.

a. Failure to comment on the draft EIS during the applicable comment period will deny a party standing to appeal the adequacy thereof. All appeals under subsection (A)(4) of this section shall state, with specificity, all elements of the draft EIS that the appellant finds inadequate and shall state the reasons therefor. Failure to state the specific grounds for objections in the notice of appeal shall constitute a waiver of those objections.

5. All hearings on a quasi-judicial application reviewable under SEPA shall be held only after the appeal period has passed. In all cases where an open record hearing is required for the underlying application, any hearing to consider an appeal brought under this section shall be consolidated with the open record hearing. (Ord. 2014-10 Att. A, 2014; Ord. 2008-12 § 2, 2008; Ord. 95-5 § 1, 1995).

14.04.230 Notice – 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 by the county auditor, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 95-5 § 1, 1995).

Article IX. Categorical Exemptions

14.04.240 Adoption of WAC sections by reference.

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

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 95-5 § 1, 1995).

Article X. Agency Compliance

14.04.250 Purpose of this article and adoption of WAC sections by reference.

This article 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 county adopts the following sections 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. 95-5 § 1, 1995).

14.04.260 Environmentally sensitive areas.

A. The county shall designate environmentally sensitive areas under the standards of WAC 197-11-908 and shall file maps designating such areas, together with the exemptions from the list in WAC 197-11-908 that are inapplicable in such areas, with the county planning department, county auditor and the Department of Ecology, Headquarters Office, Olympia, Washington 98504. The environmentally sensitive area designations shall have full force and effect of law as of the date of filing.

B. The county shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The county shall not automatically require an EIS 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 by water are mapped. (Ord. 95-5 § 1, 1995).

Article XI. Fees

14.04.270 Fees.

(Reserved).

Article XII. Forms

14.04.280 Adoption of forms and sections by reference.

The county adopts the following forms and sections by reference:

WAC

197-11-950 Environmental checklist.

197-11-965 Adoption notice.

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. 95-5 § 1, 1995)

Prior legislation: Ords. 76-13, 85-3 and 94-16.