Chapter 16.05 STATE ENVIRONMENTAL POLICY ACT (SEPA)

The town of Yacolt adopts this chapter pursuant to RCW 43.21C.120, as amended by Washington Laws 1983, Ch. 117, in order to comply with and carry out the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, and the new SEPA rules, Chapter 197-11 WAC.

This chapter contains the town’s SEPA procedures and policies. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. As contemplated by such rules (WAC 197-11-904) the sections of the SEPA rules hereinafter set forth by number are hereby adopted by reference as if fully set forth. Copies of said statute and said rules (Chapter 197-11 WAC) shall be kept available for public inspection in the Town Hall, and a section-by-section summary of said adopted rules shall be advertised, all as contemplated by RCW 43.21C.135(2). [Ord. 257 § 1.1, 1984.]

Article II. General Requirements

16.05.020 Purpose of this article and adoption by reference.

This article contains the basic requirements that apply to the SEPA process. The town adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-010 Authority.

197-11-030 Policy.

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. 257 § 2.1, 1984.]

16.05.030 Additional definitions.

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

“Department” means any division, subdivision or organizational unit of the town which has been or shall be established by ordinance, resolution, rule, or order.

“Early notice” means the town’s response or advice to an applicant stating whether the town considers issuance of a determination of significance (DS) likely for the applicant’s proposal.

“Ordinance” means this chapter, and in context may include any town ordinance, resolution, or other procedure by which the town has adopted regulations or policies.

“SEPA rules” means Chapter 197-11 WAC as adopted by the State Department of Ecology. [Ord. 257 § 2.2, 1984.]

16.05.040 Designation of responsible official.

A. For proposals for which the town is the lead agency, the responsible official shall be the town mayor or the mayor’s designee.

B. For all proposals for which the town is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules adopted by reference in this chapter.

C. The town shall retain all documents required by the SEPA rules, and shall make them available to the public in accordance with Chapter 42.17 RCW. [Ord. 257 § 2.3, 1984.]

16.05.050 Lead agency determination and responsibilities.

A. The department within the town 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 town 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 supervise preparation of the EIS if an EIS is required.

C. When the town is not the lead agency for a proposal, all departments of the town shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No town department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless it finds it to be required under criteria of WAC 197-11-600. In some cases, the town may conduct supplemental environmental review under WAC 197-11-600.

D. If the town or any of its departments receives a lead agency determination made by another agency that appears to it to be inconsistent with the criteria of WAC 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 be resolved within 15 days of receipt of the determination, or the town can, within such 15-day period, petition the Department of Ecology for a lead agency determination under WAC 197-11-946. Any such petition on behalf of the town shall be initiated by the town mayor or the mayor’s designee.

E. Departments of the town 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.

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, including agencies which require nonexempt licenses. [Ord. 257 § 2.4, 1984.]

16.05.060 Transfer of lead agency status to a state agency.

For any proposal for a private project where the town would be the lead agency and for which one or more state agencies have jurisdiction, the town’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 town shall be an agency with jurisdiction. To transfer lead agency duties, the town’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 town shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. [Ord. 257 § 2.5, 1984.]

16.05.070 Additional timing considerations.

A. For nonexempt proposals, the DNS or a final EIS for the proposal shall accompany the town staff recommendation to any appropriate advisory body, such as the planning commission.

B. If the town’s only action on a proposal is a decision as to issuance of a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the town conduct environmental review prior to submission by the applicant of the detailed plans and specifications, and the town may agree to such request. The point at which environmental review may be initiated for specific permits or other licenses requiring detailed project plans and specifications is upon filing of a completed application, environmental checklist, and preliminary or conceptual site development plans. [Ord. 257 § 2.6, 1984.]

Article III. Evaluating Environmental Impacts

16.05.080 Purpose of this article and adoption by reference.

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

WAC

197-11-300 Purpose of this part, relating to categorized exemptions and threshold determinations.

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).

197-11-350 Mitigated DNS.

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

197-11-390 Effect of threshold determination.

[Ord. 257 § 3.1, 1984.]

16.05.090 Flexible thresholds for categorical exemptions.

Pursuant to discretion and authority contemplated in WAC 197-11-800(1)(b) and (c), the town hereby establishes the following exempt levels for “minor new construction”:

A. For residential dwelling units in WAC 197-11-800(1)(b)(i): those containing four dwelling units or less.

B. For agricultural structures in WAC 197-11-800(1)(b)(iii): those containing 10,000 square feet or less.

C. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iv): those containing 4,000 square feet or less, and with associated parking facilities designed for 20 parking spaces or less.

D. For parking lots in WAC 197-11-800(1)(b)(iv): those containing 20 parking spaces or less.

E. For landfills and excavations in WAC 197-11-800(1)(b)(v): those consisting of 100 cubic yards or less. [Ord. 257 § 3.2, 1984.]

16.05.100 Use of exemptions.

A. Each department within the town which receives an application for a license or, in the case of governmental proposals, the department which initiates 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 town shall not require completion of an environmental checklist for a proposal which it finds is exempt.

B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify any local governmental licenses or permits required. If a proposal includes exempt and also nonexempt actions, the department shall determine the lead agency, even if the license application which triggered the department’s consideration is exempt.

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

1. The town shall not give authorization for any actions that would have an adverse environmental impact or limit the choice of reasonable alternatives (see WAC 197-11-070);

2. A department may withhold approval of an exempt action which would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) subsequently were not approved; and

3. A department may withhold approval of exempt actions which would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) subsequently were not approved. [Ord. 257 § 3.3, 1984.]

16.05.110 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; provided, a checklist is not needed if the town and applicant agree an EIS is required, or if SEPA compliance has been completed, or if SEPA compliance has been initiated by another agency. The town shall use the environmental checklist to determine the lead agency and, if the town is the lead agency, to determine the responsible official for making the threshold determination.

B. For private proposals, the town will require the applicant to complete the environmental checklist, and shall provide assistance as the town determines necessary. For town proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

C. The town 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 town 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. 257 § 3.4, 1984.]

16.05.120 Mitigated determination of nonsignificance (DNS).

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

B. An 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 actual threshold determination for the proposal.

C. The responsible official should expect to respond to the request for early notice within 20 working days. Such response will:

1. Be written;

2. State whether the town currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that are leading the town to consider a DS; and

3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts and revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D. As much as reasonably possible, the town should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E. If an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the town 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 town had thus indicated specific mitigation measures in its response to the request for early notice, and that such measures would lead to a DNS, and if the applicant then changes or clarifies the proposal to include those specific mitigation measures, the town shall issue and circulate a determination of nonsignificance (DNS) under WAC 197-11-340(2).

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

3. The applicant’s proposed mitigation measures (clarification, changes or conditions) must be in writing and must be specific. For example, a proposal to “control noise” or “prevent stormwater runoff” would be inadequate, while a proposal to “muffle machinery to X decibel” or to “construct 200-foot stormwater retention pond at Y location” would be adequate.

4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in such a 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.

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 legally available to the town.

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

I. The town’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 town to consider the clarifications or changes in its threshold determination. [Ord. 257 § 3.5, 1984.]

Article IV. Environmental Impact Statement (EIS)

16.05.130 Purpose of this article and adoption by reference.

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

WAC

197-11-400 Purpose of EIS.

197-11-402 General requirements of an EIS.

197-11-405 EIS types; draft, final; supplemental.

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 of EIS.

197-11-430 Format of EIS.

197-11-435 Cover letter or memo for EIS.

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 draft EIS.

197-11-460 Issuance of final EIS.

[Ord. 257 § 4.1, 1984.]

16.05.140 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 mayor or the mayor’s designee. Before the town issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

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

C. The town may require an applicant to provide information the town does not possess and may require the applicant to make 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, unless the town may request such information under another ordinance or statute. [Ord. 257 § 4.2, 1984.]

16.05.150 Additional elements which may be covered in an EIS.

The lead agency may include, in an EIS or appendix, the analysis of any impact relevant to the agency’s decision, whether or not environmental. The inclusion of such analysis may be based upon comments received during the scoping process. The provision for combining documents may be used (WAC 197-11-640). The EIS shall comply with the format requirements of this article. The decision whether to include such information and the adequacy of any such additional analysis shall not be used in determining whether an EIS meets the requirements of SEPA. [Ord. 257 § 4.3, 1984.]

Article V. Commenting

16.05.160 Adoption 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 town adopts the following sections of SEPA rules by reference, as supplemented in this article:

WAC

197-11-500 Purpose of this part; commenting.

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. 257 § 5.1, 1984.]

16.05.170 Public notice.

A. Whenever the town issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the town shall give public notice thereof as follows:

1. If public notice is required for a nonexempt license, such public notice shall state whether a DS or DNS has been issued and state the date by which 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:

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

b. Publishing notice in a newspaper of general circulation in the town, or general area where the proposal is located;

c. Posting the notice at the Town Hall;

d. Posting the notice at the town post office.

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

B. Whenever the town issues a draft EIS under WAC 197-11-455(5) or a supplemental EIS 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 by:

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

b. Publishing notice in a newspaper of general circulation in the town, or general area where the proposal is located;

c. Posting the notice at the Town Hall;

d. Posting the notice at the town post office.

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

D. The town may require an applicant to complete the public notice requirements for the applicant’s proposal at the applicant’s expense. [Ord. 257 § 5.2, 1984.]

16.05.180 Designation of official to perform consulted agency responsibilities for the town.

A. The mayor or the mayor’s designee shall be responsible for preparation of written comments for the town in response to a consultation request prior to a threshold determination, participation in scoping, and/or reviewing a draft EIS.

B. The mayor or the mayor’s designee shall be responsible for the town’s compliance with WAC 197-11-550 whenever the town is a consulted agency and the mayor or the mayor’s designee 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 town. [Ord. 257 § 5.3, 1984.]

Article VI. Using Existing Environmental Documents

16.05.190 Purpose of this article and adoption by reference.

This article contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA), for the town’s own environmental compliance. The town adopts the following sections of SEPA rules 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. 257 § 6.1, 1984.]

Article VII. SEPA and Agency Decisions

16.05.200 Purpose of this article and adoption 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 town adopts the following sections of SEPA rules 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. 257 § 7.1, 1984.]

16.05.210 Substantive authority.

A. The standards and requirements set forth in this chapter are supplementary to those in other town ordinances and codes.

B. The town may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific, probable, significant, and adverse environmental impacts identified in environmental documents prepared pursuant to SEPA or 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 town 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 are cited in the license or other decision document.

C. The town may deny a permit or approval for any proposal on the basis of SEPA conditions and/or impact upon the environment so long as:

1. A finding has been made by the responsible official that the proposal, if approved, would result in probable, significant, adverse environmental impacts identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies stated in subsection D of this section and which are identified in writing in the decision document.

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

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

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

b. Assure for all people of the state and/or town 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 and local heritage;

e. Maintain, whenever 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 town 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 town reaffirms the policies in the following town ordinances, and this chapter shall be administered consistent with the following, but in case of any conflict, this chapter shall control:

a. YMC Title 18.

E. Except for permits and variances issued pursuant to the town zoning ordinance, when any proposal or action not requiring a decision of the town is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the town council. 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 town council shall be on a de novo basis. [Ord. 257 § 7.2, 1984.]

16.05.220 Appeals.

A. The town establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

1. Any agency or person may appeal the town’s procedural compliance with Chapter 197-11 WAC for issuance of the following:

a. A final DNS. Appeal of the DNS, substantive determination on action, or both, must be made to the responsible official within 30 days of the date the permit or other approval is issued. An appeal of both the DNS and the substantive determination on action must be consolidated.

b. A DS. The appeal must be made to the responsible official within 30 days of the date the DS is issued.

c. An EIS. Appeal of the FEIS, substantive determination on the action, or both, must be made to the responsible official within 30 days of the date the permit or other approval is issued. An appeal on the FEIS and the substantive determination on the action must be consolidated.

2. For any appeal under this subsection, the town shall provide for record that shall consist of the following:

a. Findings and conclusions;

b. Testimony under oath; and

c. A taped or written transcript.

3. The town may require the appellant to provide an electronic transcript.

4. The procedural determination by the town’s responsible official shall carry substantial weight in any appeal proceeding.

B. The town shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. [Ord. 257 § 7.3, 1984.]

16.05.230 Notice of action – Statute of limitations.

A. The town, the applicant for, or the proponent of an action may publish a “notice of action” therefor pursuant to RCW 43.21C.080.

B. The form of such notice shall be substantially in the form provided in WAC 197-11-990 and shall be published substantially in the form provided in WAC 197-11-990.

C. Any action to set aside, enjoin, review or otherwise challenge any action for which notice was so given shall be commenced within the time provided by RCW 43.21C.080 and within 30 days of completion of any required posting, publications and/or notifications or be barred. Such period of limitation shall not extend any other such limitation on review set by other law or ordinance. [Ord. 257 § 7.4, 1984.]

Article VIII. Definitions

16.05.240 Purpose of this article and adoption by reference.

This article contains uniform usage and definitions of terms under SEPA. The town adopts the following sections of SEPA rules by reference:

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 appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decisionmaker.

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 Environment checklist.

197-11-744 Environment 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 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. 257 § 8.1, 1984.]

Article IX. Categorical Exemptions

16.05.250 Adoption by reference.

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

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

[Ord. 257 § 9.1, 1984.]

Article X. Agency Compliance

16.05.260 Purpose of this article and adoption by reference.

This article contains rules for town 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 town has not designated any area as “environmentally sensitive” under WAC 197-11-908. The town adopts the following sections of SEPA rules by reference, as supplemented by WAC 173-806-050 through 173-806-053 and this article:

WAC

197-11-900 Purpose of this part; agency compliance.

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.

197-1l-938 Lead agency 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. 257 § 10.1, 1984.]

16.05.270 Fees.

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

A. Threshold Determination. For every environmental checklist the town will review when it is lead agency, the town shall collect a fee of $50.00 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 town completes the environmental checklist at the applicant’s request or under YMC 16.05.110, an additional $50.00 shall be collected.

B. Environmental Impact Statement.

1. When the town 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 town, the town may charge and collect a reasonable fee from any applicant to cover costs incurred by the town in preparing the EIS. The responsible official shall advise the applicant(s) 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 town 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 town and may bill such costs and expenses directly to the applicant. The town may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the town and applicant after a call for proposals.

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

C. The town may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D. The town shall not collect a fee for performing its duties as a consulted agency.

E. The town may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 257 § 10.2, 1984.]

16.05.280 Effective.

The effective date of the ordinance codified in this chapter is October 1, 1984. [Ord. 257 § 10.3, 1984.]

16.05.290 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. WAC 197-11-950 (Severability) is hereby adopted by reference. [Ord. 257 § 10.4, 1984.]

Article XI. Forms

16.05.300 Adoption by reference of certain forms.

The town adopts the following sections of SEPA rules by reference, which sections contain certain forms hereby adopted.

WAC

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of nonsignificance (DNS).

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. 257 § 20.01.230, 1984.]