Chapter 14.05
JOINT PLANNING AND REVIEW
Sections:
14.05.020 Joint land use planning policy.
14.05.050 Joint land use planning.
14.05.060 Joint environmental research.
14.05.070 Joint public hearings.
14.05.080 Land use assessment documentation – Joint preparation.
14.05.090 Land use assessment documentation – Conformance with environmental regulations.
14.05.100 Public involvement requirements.
14.05.110 Time schedules for completion of ElSs and SAs.
14.05.120 Implementation of the land use planning and review process.
14.05.010 Intent and purpose.
A. The intent of the Okanogan County board of commissioners, in adopting the ordinance codified in this chapter, is to promote the stated purposes and philosophies of the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA) which are: to declare a national and state policy which will encourage the productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere; to stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the county, state and nation.
B. The intent, therefor, of this chapter is to create an Okanogan County land use planning process which will:
1. Ensure the protection of not only the natural environment but also the customs, culture, and economic stability of Okanogan County and the private property rights of the citizens of Okanogan County.
2. Set forth procedures for Okanogan County to obtain cooperation from federal and state agencies to participate in joint planning for all land use decisions and policies for lands within the boundaries of the county.
3. Ensure that all state and federal agencies comply with existing laws which require joint planning with Okanogan County, for proposals on federal and state lands within the county.
4. Ensure mitigation of probable significant adverse environmental impacts and adverse socioeconomic effects of land use decisions to Okanogan County and its citizens. (Ord. 95-5 § 1, 1995).
14.05.020 Joint land use planning policy.
It is the policy of the Okanogan County board of commissioners to request of all federal and state agencies proposing to undertake or engage in any planning activities which will significantly affect the quality of both the natural and socioeconomic environment in Okanogan County, to agree to participate in joint planning for the implementation of any decision or policy affecting lands within the boundaries of the county. If any federal or state agency refuses to participate in joint planning, then the county shall demand such agency henceforth comply with the requirements of:
A. The National Environmental Policy Act (NEPA) and supporting regulations;
B. The Council on Environmental Quality (CEQ) regulations;
C. The National Forest Management Act (NFMA) and supporting regulations;
D. The Federal Land Policy and Management Act (FLPMA) and supporting regulations;
E. The State Environmental Policy Act (SEPA) and supporting regulations;
F. All other federal, state, and county laws, regulations, and ordinances relating to management of the natural and socioeconomic environment. (Ord. 95-5 § 1, 1995).
14.05.030 Objectives.
The Okanogan County board of commissioners has identified the following primary objectives for land use planning and review within the County:
A. To disclose to federal and state decision makers and the public the significant impacts and effects of proposed government actions on the natural environment and the socioeconomic conditions as they relate to the customs, culture, property rights, and economic stability and environmental harmony of Okanogan County;
B. To give notice to all federal and state agencies that Okanogan County has completed a study of its customs, culture, economic stability and environmental harmony and this information is available for dissemination and discussion;
C. To identify means to mitigate or eliminate probable significant adverse environmental impacts and probable significant adverse socioeconomic effects;
D. To prevent injury to both the natural and socioeconomic environment by requiring implementation of feasible alternatives or mitigation measures;
E. To promote intergovernmental coordination and joint planning through the land use planning and review process in Okanogan County;
F. To encourage and enhance public education and participation in the land use planning and review process;
G. To plan and manage natural resources consistent with custom, culture, economic stability, and environmental harmony, as defined in a resolution of the board of Okanogan County commissioners. (Ord. 95-5 § 1, 1995).
14.05.040 Joint planning.
A. Okanogan County’s economy is dependent upon federal and state lands to a major extent. It is therefore advantageous that state and federal agencies work closely together with Okanogan County to jointly determine the benefits, impacts, effects and costs of resource plans and decisions. By pooling local, state, and federal resources, the general public will be better informed about resource decisions. Joint planning and coordination will also provide an unique opportunity to cooperatively develop realistic mitigation alternatives for redressing negative environmental impacts and socioeconomic effects.
B. The procedures and guidelines of this chapter shall be consistent with the requirements of federal and state laws and their implementing regulations. Furthermore, in the event that environmental and socioeconomic assessment documentation is required by this chapter, NEPA and SEPA, environmental impact and socioeconomic assessment documentation shall be coordinated and jointly prepared by the Okanogan County board of commissioners and the federal and state agency(s).
C. The legal authority for this chapter is derived from state and federal statutes as defined in the Okanogan County comprehensive plan. The joint intergovernmental planning and coordination requirements of this chapter are consistent with the requirements of NEPA, CEQ regulations, SEPA and the WAC as follows:
1. Joint environmental planning;
2. Joint environmental research;
3. Joint public hearings;
4. Joint preparation of environmental documents. (Ord. 95-5 § 1, 1995).
14.05.050 Joint land use planning.
A. Under the NEPA, CEQ, and SEPA and this title, requirements for coordinated resource project planning, the major elements to be considered in the joint land use planning and review process shall be:
1. Coordinated environmental planning and review;
2. Environmental impacts and socioeconomic effects;
3. Effects on private property rights;
4. Cumulative impacts and effects;
5. Mitigation plans.
B. Upon initiating the joint impact and effects assessment process, the Okanogan County board of commissioners shall, as it deems necessary, enter into a memorandum of agreement (MOA) for joint planning and preparation of joint impact and effects assessment documents, including procedures for designating Okanogan County as a joint lead agency in the federal and state environmental assessment processes in accordance with CEQ and WAC regulations. The MOAs shall be in full conformance with the requirement of this title, NEPA and SEPA.
C. All federal and state agencies should notify the Okanogan County board of commissioners immediately upon initiation of any proposal or planning activity that may lead to a proposal affecting land use in Okanogan County. At the first commission meeting following notification, the county commissioners shall make a formal decision as to whether to participate in joint planning or documentation or both in accordance with the impact and effects assessment process detailed in this Title, and so notify the initiating agency(s).
D. In Okanogan County, joint planning shall be conducted in the following sequence to ensure that all planning and proposals are formulated and evaluated against appropriate and realistic objectives:
1. Establish management objectives in terms of custom, culture, economic stability, and environmental harmony for the site impacted or condition affected. These can, in part, be determined though review of federal, state, and county land plans. They may need to be refined and defined specific to the site impacted or condition affected. This definition of objectives must include the commodity and amenity outputs or production thresholds needed to achieve the values the citizens of the county have determined to be important or necessary to their well being.
2. Design “desired effects (DEs)” to best meet the above determined management objectives within the physical capabilities of the environment.
3. Evaluate all proposals against achieving the DEs and management objectives established for the area.
4. Utilize an ecosystem management approach to evaluate any single proposal. That is, all uses, management objectives, and environmental protection and capabilities will be considered. (Ord. 95-5 § 1, 1995).
14.05.060 Joint environmental research.
The Okanogan County board of commissioners hereby states its intent to take advantage of the joint environmental research and studies clause of NEPA and RCW 43.21C.030(g) by entering into joint pilot research and studies with the federal and state agencies. The purpose of the joint pilot research and studies will be to develop a coordinated approach to resource management through:
A. Promoting understanding of the interrelation between the natural environment and the custom, culture, economic stability and environmental harmony of Okanogan County.
B. Identifying outputs and products requirements for improving resource conditions and trends, and for protecting the community and economic stability of the county, while protecting the natural environment.
C. Developing descriptions for DEs, including standards and monitoring methods designed to achieve the balance between reasonable economic use of resources and protecting and promoting the health of the natural environment.
D. Coordinating the development of resource management approaches for preferred management alternatives in the planning process. (Ord. 95-5 § 1, 1995).
14.05.070 Joint public hearings.
Joint public hearings shall be conducted to the fullest extent possible in accordance with NEPA and SEPA requirements and this title. (Ord. 95-5 § 1, 1995).
14.05.080 Land use assessment documentation – Joint preparation.
In accordance with NEPA and SEPA requirements and OCC 14.05.050, federal and state agencies should work jointly with Okanogan County to conduct land use impact and effect analysis of the proposal and alternatives for both the natural and the socioeconomic environment. (Ord. 95-5 § 1, 1995).
14.05.090 Land use assessment documentation – Conformance with environmental regulations.
A. The land use assessment documentation which may be required by the Okanogan County commission shall be the same as set forth in NEPA, SEPA and their supporting regulations and in OCC Title 14.
B. Any conflicting reporting requirements shall be resolved by agreement or as required by law. (Ord. 95-5 § 1, 1995).
14.05.100 Public involvement requirements.
During the planning, decision making and implementation stages of this process, Okanogan County and the federal and state agency(s) shall jointly provide opportunities for the involvement of Okanogan County citizens, tribal and local governments, schools, utility companies, civic or other community groups, and all economic and cultural segments within Okanogan County. This shall be done through public hearings and other means the Okanogan County board of commissioners deems appropriate. The joint public involvement program shall have the following elements:
A. Federal and state agencies should coordinate joint public involvement planning, programs, and processes with the Okanogan County commission, pursuant to this section, and in accordance with the Council on Environmental Quality and SEPA regulations.
B. The public involvement program shall include objectives to:
1. Identify the management objectives, affected parties, and opportunities of the proposed action;
2. Apprise land owners of regulations and decisions that may affect their property rights;
3. Provide public opportunities to evaluate alternatives and to participate in choosing the preferred alternative;
4. Create an atmosphere in which conflicting demands for resources and uses can be resolved without destabilizing environmental harmony. (Ord. 95-5 § 1, 1995).
14.05.110 Time schedules for completion of ElSs and SAs.
Estimated time schedules shall be developed for ail phases of the ElSs and SAs in accordance with OCC Title 14. The time schedules shall be developed early in the process for each phase of the assessment planning and implementation, including issuance of a final decision. (Ord. 95-5 § 1, 1995).
14.05.120 Implementation of the land use planning and review process.
In addition to the procedures contained in this chapter, the Okanogan County board of commissioners shall:
A. Adopt such administrative rules and oversight guidelines deemed necessary to carry out this chapter;
B. Establish the local control land use steering committee as the permanent organization to assure that the intent and purposes of the procedures established by this chapter are maintained;
C. Develop such environmental and resource related cooperative agreements, memorandums of understanding, joint policy statements, and joint letters of intent with appropriate state and federal agencies, so that the goals and objectives of this chapter and the Okanogan County comprehensive land use and policy plan may be carried out. (Ord. 95-5 § 1, 1995).
14.05.130 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this chapter or the application thereof to any person or circumstances is declared invalid or unconstitutional by the decision of a court of competent jurisdiction, the remainder of this chapter shall be severed therefrom and shall remain in full force and effect. (Ord. 95-5 § 1, 1995).