Chapter 23.03
ADMINISTRATION
Sections:
23.03.010 Establishment of the moratorium.
23.03.020 Recording of moratorium notices.
23.03.030 Administration of the moratorium and any request to lift or waive the moratorium.
23.03.010 Establishment of the moratorium.
A. Pursuant to RCW 76.09.060, Skamania County shall deny any applications to the county for development permits or approvals on lands that are subject to the six-year moratorium prescribed in RCW 76.09. This moratorium shall apply to, but not be limited to, building permits, septic permits, mobile home or RV parks, and subdivisions approvals, unless the moratorium has been removed or waived by the county as provided by this title. Where timber harvest is pursuant to a forest practice permit approval, the land subject to the moratorium, shall be that area which is the site of the timber harvest as shown on the forest practice application. Where the timber harvest has been done without an approved application, then the land subject to the moratorium, shall be the areas harvested including small unharvested islands which would normally be mapped as part of the harvest unit on a submitted permit. The applicant shall be responsible for determining that area by a survey submitted with any application.
B. Lands on which the owner or operator failed to obtain an approved forest practice application from DNR and the DNR has determined that such an application was required, shall be subject to a moratorium as provided in this chapter for six years from the date of the discovery by the DNR or by the county, provided that, for these lands, the director shall have the authority to waive or remove the moratorium upon the application and payment of applicable fees by the property owner. The director shall waive or remove the moratorium as provided in this title on these lands only if it is shown that adverse impacts to the environment have been restored or adequate mitigation has been provided for those impacts. (Ord. 2007-02 (part): Ord. 2001-03 (part))
23.03.020 Recording of moratorium notices.
The director or his/her designee shall file with the Skamania County auditor the moratorium notice after the receipt of said notice from the DNR. (Ord. 2001-03 (part))
23.03.030 Administration of the moratorium and any request to lift or waive the moratorium.
A. The director shall have the authority to determine whether an application is subject to the moratorium, and the application shall be denied by the director at that time. Such an administrative determination may be appealed to the Skamania County hearing examiner pursuant to the procedures and requirements contained in the Skamania County Code Chapter 21.16
B. The director shall also have the authority, as provided in this title, to waive or lift the six-year moratorium. (Ord. 2007-02 (part): Ord. 2001-03 (part))
23.03.040 Fee.
A fee shall be established by the board from time to time to reflect the anticipated average administrative cost to process the application. The fee shall be submitted to the department along with the application and map to cover the review of the application. Checks are to be made payable to the Skamania County treasurer. Fees are not refundable. (Ord. 2001-03 (part))