Chapter 16.08
EXEMPTIONS
Sections:
16.08.025 Statutory exemptions.
16.08.030 Categorical exemptions.
16.08.010 Purpose.
The purpose of this chapter is to provide exemptions from the requirements of SEPA for proposals that would not have probable significant adverse environmental impacts as allowed under RCW 43.21C.110 and WAC 197-11-305 and 197-11-800. (Ord. 1701 § 7, 2023).
16.08.020 Use of exemptions.
A. If a proposal fits within any of the provisions of this chapter, the proposal shall be categorically exempt from the threshold determination requirements except if the proposal includes:
1. A series of actions, physically or functionally related to each other, some of which are categorically exempt and some of which are not; or
2. A series of exempt actions that are physically or functionally related to each other, and that together may have a probable significant adverse environmental impact in the judgment of the SEPA official.
B. For such proposals that involve both exempt and non-exempt action, the SEPA official may authorize an agency or applicant to proceed with the exempt aspects of the proposal, prior to conducting environmental review, except that authorization shall not be given for:
1. Any nonexempt action.
2. Any action that would have an adverse environmental impact.
3. Any action that would limit the choice of alternatives.
4. Approval of an exempt action that would lead to modification of the physical environment when such modification would serve no purpose if nonexempt action(s) were not approved.
5. Approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
C. If a written notice of decision is required pursuant to BLMC 14.30.020, the city shall document that the proposal is categorically exempt in the written notice of decision.
D. The SEPA official’s determination that a proposal is exempt shall be final and not subject to administrative appeal.
E. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.
F. In determining whether a proposal is exempt, the city shall make certain the proposal is properly defined and shall identify the governmental licenses required. If a proposal includes exempt and nonexempt actions, the city shall determine the lead agency, even if the license application that triggers the city’s consideration is exempt.
G. In addition to the exemptions established in this chapter, certain development is exempt from further review under SEPA pursuant to Chapter 16.16 BLMC, Planned Actions. (Ord. 1701 § 7, 2023).
16.08.025 Statutory exemptions.*
The following actions are exempted from review under SEPA pursuant to Chapter 43.21C RCW:
A. Annexation of unincorporated territory in Pierce County by the city pursuant to RCW 43.21C.222.
B. The reduction of city limits pursuant to RCW 43.21C.227.
C. Nonproject actions as follows, pursuant to RCW 43.21C.450:
1. Amendments to development regulations that are required to ensure consistency with the adopted Bonney Lake comprehensive plan, where the plan was properly subjected to environmental review pursuant to the SEPA code and the impacts associated with the proposed regulation were specifically addressed in said environmental review; and
2. Amendments to development regulations that are required to ensure consistency with the shoreline master program of the city approved pursuant to RCW 90.58.090, where the shoreline master program was previously subjected to environmental review in accordance with the SEPA code and the impacts associated with the proposed regulation were specifically addressed in said environmental review; and
3. Amendments to development regulations that, upon implementation of a project action, will provide increased environmental protection, limited to the following:
a. Increased protections for critical areas, such as enhanced buffers and setbacks; and
b. Increased vegetation retention or decreased impervious surface areas in shoreline jurisdiction; and
c. Increased vegetation retention or decreased impervious surface areas in critical areas; and
4. Amendments to technical codes adopted by the city to ensure consistency with minimum standards contained in state law, including:
a. Building codes required by Chapter 19.27 RCW; and
b. Energy codes required by Chapter 19.27A RCW; and
c. Electrical codes required by Chapter 19.28 RCW.
D. Formation of a community facilities district under Chapter 36.145 RCW, unless such formation constitutes a final city decision to undertake construction of a structure or facility not otherwise exempted under the SEPA code. (Ord. 1701 § 7, 2023).
* Code reviser’s note: Ordinance 1701 adds the provisions of this section as Section 16.08.020. The section has been editorially renumbered to prevent duplication of numbering.
16.08.030 Categorical exemptions.
A. The exemptions in this section shall apply to all licenses and permits required to undertake the action in question.
B. To be exempt under this section, the project or proposal must be equal to or smaller than the exempted level.
C. The exemptions in this section apply except when the project:
1. Is undertaken wholly or partly on lands covered by water; or
2. Requires a license governing discharges to water that is not exempt under RCW 43.21C.0383; or
3. Requires a license governing emissions to air that is not exempt under RCW 43.21C.0381 or WAC 197-11-800(7) or (8); or
4. Requires a land use decision that is not exempt under subsection H of this section.
D. Unless the proposed action is precluded from exemption under subsection B and/or C of this section, the following actions are exempted from review under SEPA:
1. Minor New Construction.
a. Up to 30 single-family residential units.
b. Up to 100 single-family residential units when each unit has less than 1,500 square feet.
c. Up to 200 multifamily residential units.
d. Barn, loafing shed, farm equipment storage, produce storage, or packing structure up to 40,000 square feet.
e. Office, school, commercial, recreational, service, storage building, and parking facilities up to 30,000 square feet and 90 parking spaces.
f. Fill or excavation up to 1,000 cubic yards.
2. Transportation Improvements.
a. The construction or designation of bus stops, loading zones, shelters, access facilities, pullout lanes for taxicabs, transit and school vehicles, and designation of transit only lanes.
b. The construction or installation of commercial on-premises signs, and public signs and signals, including those for traffic control and wayfinding.
c. The construction or installation of minor road and street improvements by any agency or private party that include the following:
i. Safety structures and equipment, such as pavement marking, adding or removing turn restrictions, speed limit designation, physical measures to reduce motor vehicle traffic speed or volume, freeway surveillance and control systems, railroad protective devices (not including grade-separated crossings), grooving, glare screen, safety barriers, and energy attenuators.
ii. Transportation corridor landscaping (including the application of state of Washington approved herbicides by licensed personnel for right-of-way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality).
iii. Temporary traffic controls and detours.
iv. Correction of substandard curves and intersections within existing rights-of-way, widening of a highway by less than a single lane width where capacity is not significantly increased, and no new right-of-way is required.
v. Adding auxiliary lanes for localized purposes (weaving, climbing, speed change, etc.), where capacity is not significantly increased, and no new right-of-way is required.
vi. Channelization, rechannelization, elimination of sight restrictions at intersections, street lighting, guard rails and barricade installation.
vii. Installation of catch basins and culverts for the purposes of road and street improvements.
viii. Reconstruction of existing curb-to-curb roadbed, including adding or widening of shoulders where capacity is not increased, and no new right-of-way is required.
ix. Addition of bicycle lanes, paths and facilities, and pedestrian walks and paths including sidewalk extensions, but not including additional automobile lanes.
3. Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted by subsections (D)(1) and (2) of this section, as well as fencing and the construction of small structures and minor facilities accessory thereto.
4. Additions or modifications to or replacement of any building or facility exempted by subsections (D)(1) and (2) of this section when such addition, modification, or replacement will not change the character of the building or facility in a way that would remove it from an exempt class.
5. The demolition of any structure or facility, the construction of which would be exempted by subsections (D)(1) and (2) of this section, except for structures or facilities with recognized historical significance such as listing in a historic register.
6. The installation or removal of impervious underground or above-ground tanks, having a total capacity of 10,000 gallons or less except on agricultural and industrial lands. On agricultural and industrial lands, the installation or removal of impervious underground or above-ground tanks, having a total capacity of 60,000 gallons or less is exempt.
7. The vacation of streets or roads, converting public right-of-way, and other changes in motor vehicle access.
8. The installation of hydrological measuring devices, regardless of whether or not on lands covered by water.
9. The installation of any property, boundary, or survey marker, other than fences, regardless of whether or not on lands covered by water.
10. The installation of accessory solar energy generation equipment on or attached to existing structures and facilities whereby the existing footprint and size of the building is not increased.
E. Repair, Remodeling, and Maintenance Activities.
1. The following maintenance activities shall not be exempt under this section:
a. Dredging of over 50 cubic yards of material.
b. Reconstruction or maintenance of groins and similar shoreline protection structures.
c. Replacement of utility cables that must be buried under the surface of the bedlands.
d. Repair/rebuilding of major dams, dikes, and reservoirs.
2. The following activities shall be categorically exempt from the requirements of SEPA:
a. Where undertaken wholly or in part on lands covered by water, minor repair or replacement of structures, including piling, ramps, floats, mooring buoys, or minor repair, alteration, or maintenance of docks.
b. The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities, or equipment, including utilities, recreation, and transportation facilities involving no material expansions or changes in use beyond that existing at the time of undertaking said activity.
F. Water Rights. Appropriations of one cubic foot per second or less of surface water, or of 2,250 gallons per minute or less of groundwater, for any purpose, shall be exempt from the requirements of the SEPA code. The exemption covers not only the permit to appropriate water, but also any hydraulics permit, shoreline permit or building permit required for a normal diversion or intake structure, well and pumphouse reasonably necessary to accomplish the exempted appropriation and including any activities relating to construction of a distribution system solely for any exempted appropriation.
G. Purchase or Sale of Real Property. The following real property transactions by the city shall be exempt:
1. The purchase or acquisition of any right to real property.
2. The sale, transfer, or exchange of any publicly owned real property, but only if the property is not subject to a specifically designated and authorized public use established by the public landowner and used by the public for that purpose.
3. Leasing, granting an easement for, or otherwise authorizing the use of real property when the property use will remain essentially the same as the existing use for the term of the agreement, or when the use under the lease, easement or other authorization is otherwise exempted by this chapter.
H. Land Use Decisions. The following land use decisions shall be exempt:
1. Land use decisions for exempt projects, except that rezones must comply with subsection (H)(3) of this section.
2. Other land use decisions not qualified for exemption under subsection (H)(1) of this section (such as a home occupation or change of use) are exempt provided:
a. The authorized activities will be conducted within an existing building or facility qualifying for exemption under this section; and
b. The activities will not change the character of the building or facility in a way that would remove it from an exempt class.
3. Where an exempt project requires a rezone, the rezone is exempt only if:
a. The proposed rezone is consistent with and does not require an amendment to the Bonney Lake comprehensive plan; and
b. The Bonney Lake comprehensive plan was properly subjected to environmental review and analysis through an EIS under the requirements of this chapter prior to adoption; and the EIS adequately addressed the environmental impacts of the rezone.
4. Except upon lands covered by water, the approval of divisions of land pursuant to the procedures required by BLMC Title 17; provided, that the cumulative number of lots does not exceed the total residential units allowed to be exempted under subsection (D)(1) of this section.
5. Granting of variance based on special circumstances, not including economic hardship, applicable to the subject property, such as size, shape, topography, location, or surroundings and not resulting in any change in land use or density.
6. Alteration of property lines as authorized by Chapter 17.30 BLMC.
I. Open Burning. Open burning and the issuance of any license for open burning shall be exempt. The adoption of plans, programs, objectives, or regulations by the city incorporating general standards respecting open burning shall not be exempt.
J. Judicial Activity. Any quasi-judicial action of the city shall be exempt from SEPA if such action consists of the review of a prior administrative or legislative decision. Decisions resulting from contested cases or other hearing processes conducted prior to the first decision on a proposal or upon any application for a rezone, conditional use permit or other similar permit not otherwise exempted by this chapter, are not exempted.
K. Enforcement and Inspections. The following enforcement and inspection activities shall be exempt:
1. All actions, including administrative orders and penalties, undertaken to enforce a regulation, ordinance, resolution, or prior decision. No license shall be considered exempt by virtue of this subsection; nor shall the adoption of any ordinance, regulation or resolution be considered exempt by virtue of this subsection.
2. All inspections conducted by the city of either private or public property for any purpose.
3. All activities of fire departments and law enforcement agencies except physical construction activity.
4. Any action undertaken by the city to abate a nuisance or to abate, remove or otherwise cure any hazard to public health or safety. The application of pesticides and chemicals is not exempted by this subsection but may be exempted elsewhere in this chapter. No license or adoption of any ordinance, regulation or resolution shall be considered exempt by virtue of this subsection.
5. Any suspension or revocation of a license for any purpose.
L. Business and Other Regulatory Licenses. The following business and other regulatory licenses are exempt:
1. All licenses to undertake an occupation, trade, or profession.
2. All licenses required under electrical, fire, plumbing, heating, mechanical, and safety codes and regulations, but not including building permits.
3. All licenses to operate or engage in amusement devices and rides and entertainment activities including, but not limited to, cabarets, carnivals, circuses, and other traveling shows, dances, music machines, golf courses, and theaters, including approval of the use of public facilities for temporary civic celebrations, but not including licenses or permits required for permanent construction of any of the above.
4. All licenses to operate or engage in charitable or retail sales and service activities including, but not limited to, peddlers, solicitors, second-hand shops, pawnbrokers, vehicle and housing rental agencies, tobacco sellers, close out and special sales, fireworks, massage parlors, public garages and parking lots, and used automobile dealers but not including licenses or permits required for permanent construction of any of the above.
5. All licenses for private security services including, but not limited to, detective agencies, merchant and/or residential patrol agencies, burglar and/or fire alarm dealers, guard dogs, locksmiths, and bail bond services.
6. All licenses for vehicles for hire and other vehicle related activities including, but not limited to, taxicabs, ambulances, and tow trucks but not including licenses or permits required for permanent construction of any of the above.
7. All licenses for food or drink services, sales, and distribution including, but not limited to, restaurants, liquor, and meat but not including licenses or permits required for permanent construction of any of the above.
8. All animal control licenses including, but not limited to, pets, kennels, and pet shops. Establishment or construction of such a facility shall not be considered exempt by this subsection.
9. The renewal or reissuance of a license regulating any present activity or structure so long as no material changes are involved.
M. Activities of the City. The following administrative, fiscal and personnel activities of the city shall be exempt:
1. The procurement and distribution of general supplies, equipment and services authorized or necessitated by previously approved functions or programs.
2. The assessment and collection of taxes.
3. The adoption of all budgets and agency requests for appropriation; provided, that if such adoption includes a final agency decision to undertake a major action, that portion of the budget is not exempted by this subsection.
4. The borrowing of funds, issuance of bonds, or applying for a grant and related financing agreements and approvals.
5. The review and payment of vouchers and claims.
6. The establishment and collection of liens and service billings.
7. All personnel actions, including hiring, terminations, appointments, promotions, allocations of positions, and expansions or reductions in force.
8. All agency organization, reorganization, internal operational planning or coordination of plans or functions.
9. Adoptions or approvals of utility, transportation, and solid waste disposal rates.
N. Financial Assistance Grants. The approval of grants or loans by one agency to another shall be exempt, although an agency may at its option require compliance with SEPA prior to making a grant or loan for design or construction of a project. This exemption includes agencies taking nonproject actions that are necessary to apply for federal or other financial assistance.
O. Local Improvement Districts and Special Purpose Districts. The formation of local improvement districts and special purpose districts shall be exempt from SEPA unless such formation constitutes a final city decision to undertake construction of a facility not exempted under this section or under BLMC 16.08.030(D).
P. Information Collection and Research. Basic data collection, research, resource evaluation, requests for proposals (RFPs), and the conceptual planning of proposals shall be exempt. These may be strictly for information gathering, or as part of a study leading to a proposal that has not yet been approved, adopted, or funded; this exemption does not include any city action that commits the city to proceed with such a proposal.
Q. Acceptance of Filings. The acceptance by the city of any document or thing required or authorized by law to be filed with the city and for which the city has no discretionary power to refuse acceptance shall be exempt. No license shall be considered exempt by virtue of this subsection.
R. Procedural Actions. The proposal, amendment or adoption of regulations, resolutions, or ordinances, or of any plan or program shall be exempt if they are:
1. Relating solely to governmental procedures and containing no substantive standards respecting use or modification of the environment.
2. Text amendments resulting in no substantive changes respecting use or modification of the environment.
3. Agency SEPA procedures.
S. Adoption of Noise Ordinances. The adoption by the city of resolutions, ordinances, rules, or regulations concerned with the control of noise which do not differ from regulations adopted by the DOE under Chapter 70.107 RCW. When the city proposes a noise resolution, ordinance, rule or regulation, a portion of which differs from the applicable state regulations, SEPA compliance may be limited to those items which differ from state regulations.
T. Review and Comment Actions. Any activity where one city department reviews or comments upon the actions of another agency or another department within the city shall be exempt.
U. Utilities. The utility-related actions listed below shall be exempt, except for installation, construction, or alteration on lands covered by water. The exemption includes installation and construction, relocation when required by other governmental bodies, repair, replacement, maintenance, operation, or alteration that does not change the action from an exempt class.
1. All communications lines, including cable TV, but not including communication towers or relay stations.
2. All stormwater, water and sewer facilities, lines, equipment, hookups, or appurtenances including, utilizing, or related to lines 12 inches or less in diameter.
3. All electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 55,000 volts or less; the overbuilding of existing distribution lines (55,000 volts or less) with transmission lines (up to and including 115,000 volts); within existing rights-of-way or developed utility corridors, all electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 115,000 volts or less; and the undergrounding of all electric facilities, lines, equipment or appurtenances.
4. All natural gas distribution (as opposed to transmission) lines and necessary appurtenant facilities and hookups.
5. All developments within the confines of any existing electric substation, reservoir, pump station vault, pipe, or well. Additional appropriations of water are not exempted by this subsection.
6. Periodic use of chemical or mechanical means to maintain a utility or transportation right-of-way in its design condition; provided, the chemicals used are approved by Washington State and applied by licensed personnel. This exemption shall not apply to the use of chemicals within watersheds that are controlled for the purpose of drinking water quality.
7. All grants of rights-of-way by agencies to utilities for use for distribution (as opposed to transmission) purposes.
8. All grants of franchises by agencies to utilities.
9. All disposals of rights-of-way by utilities.
V. Natural Resources Management. In addition to the other exemptions contained in this section, the following natural resources management activities shall be exempt:
1. Issuance of leases for, and placement of, mooring buoys designed to serve pleasure craft.
2. Periodic use of chemical or mechanical means to maintain public park and recreational land: provided, that chemicals used are approved by the Washington State Department of Agriculture and applied by licensed personnel. This exemption shall not apply to the use of chemicals within watersheds that are controlled for the purpose of drinking water quality.
3. Issuance of rights-of-way, easements and use permits to use existing roads in nonresidential areas.
W. Wireless Service Facilities.
1. The siting of wireless service facilities is exempt if:
a. The collocation of new equipment, removal of equipment, or replacement of existing equipment on existing or replacement structures that does not substantially change the physical dimensions of such structures; or
b. The siting project involves constructing a wireless service tower less than 60 feet in height that is located in a commercial, industrial, manufacturing, forest, or agricultural zone.
2. For the purposes of this subsection:
a. “Wireless services” means wireless data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
b. “Wireless service facilities” means facilities for the provision of wireless services.
c. “Collocation” means the mounting or installation of equipment on an existing tower, building, structure for the purposes of either transmitting or receiving, or both, radio frequency signals for communication purposes.
d. “Existing structure” means any existing tower, pole, building, or other structure capable of supporting wireless service facilities.
e. “Substantially change the physical dimensions” means:
i. The mounting of equipment on a structure that would increase the height of the structure by more than 10 percent, or 20 feet, whichever is greater; or
ii. The mounting of equipment that would involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure more than 20 feet, or more than the width of the structure at the level of the appurtenance, whichever is greater.
3. This exemption does not apply to projects within a critical area designated under GMA (RCW 36.70A.060).
X. Structurally deficient city, town, and county bridges. Exemptions established in WAC 197-11-800(27) are adopted by reference. (Ord. 1701 § 7, 2023).
16.08.040 Critical areas.
The city has declined to enact the optional provisions in WAC 197-11-908. (Ord. 1701 § 7, 2023).
16.08.050 Emergency.
A. Actions that must be undertaken immediately or within a time too short to allow full compliance with the SEPA code, to avoid an imminent threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of SEPA. The SEPA official shall determine on a case-by-case basis emergency actions that satisfy the general requirements of this subsection.
B. In addition to emergencies covered under subsection A of this section, the following are also considered emergencies:
1. Legislative actions declared emergencies pursuant to the city council policy and procedures adopted pursuant to Chapter 2.02 BLMC.
2. Amendments to the comprehensive plan outside of the annual amendment cycle, without which capital facilities concurrency is likely to be compromised and/or levels of service are expected to drop below an acceptable level. (Ord. 1701 § 7, 2023).