Division I. Environmental Regulations
Chapter 16.04
STATE ENVIRONMENTAL
POLICY ACT (SEPA)*
Sections:
16.04.010 Adoption by reference of Chapter 197-11 WAC.
16.04.020 Responsible official – Coordination (reference WAC 197-11-910).
16.04.030 Information sufficient to initiate environmental review (reference WAC 197-11-055(4)).
16.04.040 Categorical exemptions.
16.04.050 Applicant to fill out environmental checklist (reference WAC 197-11-315).
16.04.060 Mitigated determinations of nonsignificance (MDNSs).
16.04.070 Financial burden for preparation and circulation of environmental impact statement (EIS) (reference WAC 197-11-504(2)).
16.04.080 Use of environmental review information when city is not lead agency.
16.04.090 Substantive authority.
* Prior legislation: Ord. 550A.
16.04.010 Adoption by reference of
Chapter 197-11 WAC.
Pursuant to the State Environmental Policy Act (SEPA), RCW 43.210.120, the city hereby adopts Chapter 197-11 WAC by reference. (Ord. 988 § 2, 2003).
16.04.020 Responsible official – Coordination (reference WAC 197-11-910).
The director(s) as defined in BLMC 14.10.030 shall administer this chapter. Other city officials initiating actions not categorically exempt from SEPA, permitting such actions, or receiving SEPA consultation notices from other agencies shall notify and coordinate with the responsible official. (Ord. 988 § 2, 2003).
16.04.030 Information sufficient to initiate environmental review (reference WAC 197-11-055(4)).
Environmental review may begin whenever the responsible official deems that the proposal is sufficiently defined to meaningfully assess its environmental impacts. (Ord. 988 § 2, 2003).
16.04.040 Categorical exemptions.
The levels of exemption specified below have been raised to the maximum permitted by WAC 197-11-800(1)(c). The following types of construction shall be exempt except when undertaken wholly or partly on lands covered by water:
A. The construction or location of any residential structures of up to nine dwelling units.
B. Any landfill or excavation of 500 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder. (Ord. 988 § 2, 2003).
16.04.050 Applicant to fill out environmental checklist (reference WAC 197-11-315).
The applicant shall fill out the environmental checklist and pay the city the fee set for review of environmental checklists. (Ord. 988 § 2, 2003).
16.04.060 Mitigated determinations of nonsignificance (MDNSs).
All mitigation measures incorporated in a mitigated DNS shall be deemed conditions of approval of the pertinent permit decision. (Ord. 988 § 2, 2003).
16.04.070 Financial burden for preparation and circulation of environmental impact statement (EIS) (reference WAC 197-11-504(2)).
The responsible official may cause any required EIS to be prepared by the city or a qualified consultant. However the EIS is prepared, the applicant shall pay all costs associated with its preparation and circulation. The responsible official shall advise the applicant in advance of the projected cost of the EIS and may require that the applicant post a bond or otherwise ensure payment. The city may offset printing costs by charging nongovernmental entities for copies of any documents prepared under this section. (Ord. 988 § 2, 2003).
16.04.080 Use of environmental review information when city is not lead agency.
When the city shares jurisdiction over but is not the lead agency for a proposal, the city shall use the environmental review information of the lead agency in making decisions on the proposal. (Ord. 988 § 2, 2003).
16.04.090 Substantive authority.
Even though a proposal may conform to this development code, the city may condition or deny said proposal as necessary to mitigate environmental impact pursuant to WAC 197-11-660, provided said condition or denial is based on:
A. The comprehensive plan;
B. Any plan officially adopted by the city pertaining to sewer, water, or stormwater management; or
C. The agency responsibilities established by RCW 43.21C.020(2), which are hereby adopted by reference. (Ord. 988 § 2, 2003).