Chapter 19.08 CONSISTENCY BETWEEN DEVELOPMENT REGULATIONS AND SEPA

Chapter 19.08
CONSISTENCY BETWEEN DEVELOPMENT REGULATIONS AND SEPA

Sections:

19.08.010 Initial SEPA analysis.

A. The town shall also review project permit applications under the requirements of RCW 43.21C, the State Environmental Policy Act (SEPA); Washington Administrative Code 197-11, the SEPA rules; Chapter 18.04, town of Winthrop SEPA Ordinance and shall:

1. Determine whether the applicable regulations required studies that adequately analyze all of the project permit application’s specific probable environmental impacts;

2. Determine if the applicable regulations required measures that adequately address such environmental impacts:

3. Determine whether additional studies are required and/or whether the project permit application shall be conditioned with additional mitigation measures;

4. Provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.

B. In its review of a project permit application, the town may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.

C. If the town bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures described in subsection A of this section, the town shall not impose additional mitigation under SEPA during project review.

D. A comprehensive plan, development regulations or other applicable local, state or federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of an application when the impacts have been avoided or otherwise mitigated; or

E. In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the town shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the town shall base or condition its project approval on compliance with these other existing rules or laws.

F. Nothing in this section limits the authority of the town in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws as provided by RCW 43.21C.

G. The town shall also review the application under Chapter 18.04, the town’s SEPA ordinance. (Ord. 482 § 1 (part), 1997)

19.08.020 Categorical exemptions.

Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (WAC 197-11) may not be conditioned or denied under SEPA. (Ord. 482 § 1 (part), 1997)