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Title 27
ENVIRONMENTChapters:
27.01 Clallam County Environmental Policy
27.03 Lake Sutherland Management District 2
27.08 Clallam County Open Space Code
27.10 Right to Practice Forestry, Mining and Agriculture
27.12 Clallam County Critical Areas Code
27.16 Shellfish Protection District
Chapter 27.01
CLALLAM COUNTY ENVIRONMENTAL POLICYSections:
Part One. Authority
27.01.010 Authority.
Part Two. General Requirements
27.01.020 Purpose of this part and adoption by reference.
27.01.030 Additional definitions.
27.01.040 Designation of responsible official.
27.01.050 Lead agency determination and responsibilities.
27.01.060 Additional considerations in time limits applicable to the SEPA process.
27.01.070 Additional timing considerations.
Part Three. Categorical Exemptions and Threshold Determinations
27.01.080 Purpose of this part and adoption by reference.
27.01.090 Use of exemptions.
27.01.100 Environmental checklist.
27.01.110 Mitigated determination of nonsignificance (MDNS).
Part Four. Environmental Impact Statement (EIS)
27.01.120 Purpose of this part and adoption by reference.
27.01.130 Preparation of EIS – Additional considerations.
27.01.140 Additional topics to be covered in an EIS.
Part Five. Commenting
27.01.150 Adoption by reference.
27.01.160 Public notice.
27.01.170 Designation of official to perform consulted agency responsibilities for the County.
Part Six. Using Existing Environmental Documents
27.01.180 Purpose of this part and adoption by reference.
Part Seven. SEPA and Agency Decisions
27.10.190 Purpose of this part and adoption by reference.
27.01.200 Substantive authority.
27.01.210 Appeals.
27.01.220 Notice/statute of limitations.
Part Eight. Definitions
27.01.230 Purpose of this part and adoption by reference.
Part Nine. Categorical Exemptions
27.01.240 Adoption by reference.
Part Ten. Forms
27.01.250 Adoption by reference.
Part Eleven. Enforcement
27.01.260 Enforcement.
27.01.270 Repealed.
Part Twelve. Agency Compliance
27.01.280 Purpose of this part and adoption by reference.
27.01.290 Environmentally sensitive areas.
27.01.300 Fees.
27.01.310 Adoption of Washington Administrative Code.
27.01.320 Effective date.
27.01.330 Severability.
27.01.340 Repealer.
SOURCE: ADOPTED:
Ord. No. 241, 1984 09/18/84
AMENDED SOURCE: ADOPTED:
Ord. No. 470, 1992 06/09/92
Ord. No. 586, 1996 04/09/96
Ord. No. 631, 1998 02/03/98
Ord. No. 814, 2007 04/03/07
Code Reviser’s Note: Ordinance No. 241, 1984 adopted September 18, 1984, repealed “Clallam County Environmental Policy Ordinances #55 . . .” (See CCC 27.01.340, Repealer.) It has been concluded that this was probably a typographical error and was intended to repeal “Clallam County Environmental Policy Ordinances #53 . . .”
Part One. Authority
27.01.010 Authority.
The County of Clallam adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904.
Part Two. General Requirements
27.01.020 Purpose of this part and adoption by reference.
This part contains the basic requirements that apply to the SEPA process and to intergovernmental coordination of natural resource issues. Clallam County adopts the following SEPA Rules by reference:
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 action during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
(1) By June 1st of each year, the Board shall notify State and Federal agencies managing land, water, wildlife, or other natural resources within Clallam County of its interest in early and full participation in decision-making for major plans, regulations, policies, or other actions affecting lands of the County. Such notification shall be directed to those offices having direct local responsibilities as well as other administrative offices at the district, regional or headquarters level, as appropriate. These notices shall specifically:
(a) Reference specific projects or issues of interest whenever appropriate.
(b) Outline the basis for County interest.
(c) Request that each agency respond by listing any pending or anticipated projects, policies, plans, regulations, or other actions affecting natural resources in the County.
(2) From responses to the above notices and from any other sources of information, the Board shall establish priorities for County involvement, and direct the Department of Community Development to notify agencies of County interest and desire to:
(a) Review draft documents.
(b) Participate in formal and informal discussions prior to decision-making.
(c) Be notified of and invited to participate in public hearings.
(d) Hold any public meetings and/or hearings in Clallam County.
(e) Participate fully in any NEPA determinations pertaining to the management of natural resources of the County.
(3) The County shall pro-actively utilize available information sources such as the Federal Register, or computer networks, as fully as time and resources allow, to identify and track issues and opportunities for local involvement in federal land management issues.
27.01.030 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
(1) “Aggrieved party” means those parties with standing to bring action on appeals and is limited to the following parties:
(a) The applicant or owner of property on which a development is proposed;
(b) Any person entitled to special notice of development proposals on the underlying governmental action;
(c) Any person who deems themselves aggrieved by a decision and who will suffer direct and substantial impacts from the underlying governmental action.
(2) “Department” means any division, subdivision or organizational unit of the County established by ordinance, rule, or order.
(3) “Early notice” means the County’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated DNS procedures).
(4) “Environmental clearance” means the status given an activity when all requirements of the State Environmental Policy Act and this chapter have been satisfied.
(5) “Final DNS” means the final date upon which action concerning the proposal may be taken by Clallam County. For DNSs issued under WAC 197-11-340(2), a DNS shall not be considered final until the fifteen (15) day comment period closes.
(6) “License” means any form of written permission given by the County to any person, organization, or agency to engage in any activity, as required by law or agency rule. A license includes all or part of an agency permit, certificate, approval, registration, charter, or plat approvals or rezones to facilitate a particular proposal. The term does not include a license required solely for revenue purposes.
(7) “Procedural determination” as used in CCC 27.01.210 shall mean the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement.
(8) “Responsible official” as defined in WAC 197-11-788 shall refer to the Director of Community Development or his designee.
(9) “Substantive determination” as used in CCC 27.01.210 shall mean any decision to require particular mitigation measures or to deny a proposal based on this chapter.
(10) “SEPA Rules” means Chapter 197-11 WAC adopted by the Department of Ecology implementing the State Environmental Policy Act (SEPA) as they exist or are hereafter amended.
27.01.040 Designation of responsible official.
(1) For those proposals for which the County is lead agency, the responsible official shall be the Director of Community Development or his designee.
(2) For all proposals for which the County 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 that are adopted by reference in this chapter.
27.01.050 Lead agency determination and responsibilities.
(1) The responsible official shall determine the lead agency for proposals under WAC 197-11-050 and WAC 197-11-922 through 197-11-940; unless the lead agency has been previously determined pursuant to Chapter 43.21C RCW or the responsible official is informed that another agency is in the process of determining the lead agency.
(2) When the County is the lead agency for a proposal, the responsible official shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
(3) When the County is not the lead agency for a proposal, all departments of the County shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No County department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. The County may conduct supplemental environmental review under WAC 197-11-600.
(4) If the County or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made by the responsible official to the agency originally making the determination and resolved within fifteen (15) days of receipt of the determination, or the County must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen (15) day time period. Any such petition on behalf of the County may be initiated by the responsible official. Resolution of the said inconsistent determination shall be by the Department of Ecology pursuant to WAC 197-11-946.
(5) The responsible official of the County is 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.
(6) The responsible official when 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 (that is: which agencies require nonexempt licenses).
(7) The responsible official upon review of a DNS may transmit to the initial lead agency a completed “Notice of Assumption of Lead Agency Status.” This notice shall be substantially similar to the form in WAC 197-11-985. Assumption of lead agency status shall occur only within fifteen (15) days of issuance of a DNS.
(8) Upon transmitting the DS and notice of assumption of lead agency status, the County shall become the “new” lead agency and shall expeditiously prepare an EIS; provided, however, that the responsible official may issue a mitigated DNS, after assuming lead agency responsibility, pursuant to CCC 27.01.090. In addition, all other responsibilities and authority of a lead agency under this chapter shall be transferred to the County as the new lead agency.
27.01.060 Additional considerations in time limits applicable to the SEPA process.
The following time limits (expressed in calendar days) shall apply when the County processes licenses for all private projects and those governmental proposals submitted to the County by other agencies:
(1) Categorical Exemptions. The County shall identify whether an action is categorically exempt within ten (10) days of receiving a completed application as defined in the codes or ordinances of the underlying governmental action.
(2) Threshold Determinations.
(a) The County should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen (15) days of the date an applicant’s complete application and completed checklist are submitted.
(b) When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction:
(i) The County should request such further information within fifteen (15) days of receiving a complete application and completed environmental checklist;
(ii) The responsible official should complete the threshold determination within fifteen (15) days of receiving the requested information from the applicant or the consulted agency.
27.01.070 Additional timing considerations.
(1) For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the County’s staff recommendation to the decision-making body or appropriate advisory body, such as the Planning Commission, Shorelines and Sensitive Areas Committee, Board of Adjustment, or Board of Commissioners.
(2) If the County’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the County conduct environmental review prior to submission of the detailed plans and specifications. However, the applicant must still apply for the required license(s) and submit plans detailed enough to accomplish adequate environmental review pursuant to this chapter.
Part Three. Categorical Exemptions and Threshold Determinations
27.01.080 Purpose of this part and adoption by reference.
This part 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 part also contains rules for evaluating the impacts of proposals not requiring an EIS. Clallam County adopts the following SEPA Rules by reference, as supplemented in this part:
197-11-300 Purpose of this part.
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.
27.01.090 Use of exemptions.
(1) The responsible official shall determine whether the license and/or the proposal is exempt. The responsible official’s determination that a license and/or 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 County shall not require completion of an environmental checklist for an exempt proposal.
(2) In determining whether or not a proposal is exempt, the responsible official shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the responsible official’s consideration is exempt.
(3) If a proposal includes both exempt and nonexempt actions, the responsible official may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
(a) The responsible official shall not give authorization for:
(i) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact; or
(iii) Any action that would limit the choice of alternatives;
(b) A County department or the responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose, if the nonexempt action(s) associated thereto were not approved; and
(c) A department or the responsible official may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the associated nonexempt action(s) were not approved.
27.01.100 Environmental checklist.
(1) A completed environmental checklist shall be filed at the same time as an application for a license or other non-exempt proposal; except, a checklist is not needed if the County and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The checklist shall be in the form of WAC 197-11-960.
(2) For private proposals, the County will require the applicant to complete the environmental checklist, providing assistance as necessary. For County proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
(3) The County 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:
(a) The County has technical information on a question or questions that is unavailable to the private applicant; or
(b) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
27.01.110 Mitigated determination of nonsignificance (MDNS).
(1) 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 on changes to, or clarifications of, the proposal made by the applicant. This type of determination shall herein after be referred to as a mitigated determination of nonsignificance (MDNS).
(2) As much as possible, the County should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
(3) When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the County shall base its threshold determination on the changed or clarified proposal and should make the threshold determination pursuant to requirements of this chapter.
(a) The applicant’s proposed mitigation measures must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.
(b) The County shall review the amended application and make a threshold determination, issuing a DNS or DS as appropriate.
(4) Staff reports and other County approved studies analyzing the proposal shall be considered environmental documents as amendments to and part of the environmental checklist. Mitigation measures which justify issuance of a MDNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
(5) When issuing a MDNS, the responsible official shall review the environmental checklist, staff reports, and other County approved studies concerning the proposal and issue an environmental clearance resolution stating conditions to be attached to the license to mitigate identified environmental impacts.
(6) 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 specifically prescribed by the County.
(7) A mitigated DNS is issued under WAC 197-11-340(2), and requires a fourteen (14) day comment period and public notice which shall be consistent with Chapter 26.10 CCC.
Part Four. Environmental Impact Statement (EIS)
27.01.120 Purpose of this part and adoption by reference.
This part contains the rules for preparing environmental impact statements. Clallam County adopts the following SEPA Rules by reference, as supplemented by this part:
197-11-400 Purpose of EIS.
197-11-402 General requirements.
197-11-405 EIS types.
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.
197-11-430 Format.
197-11-435 Cover letter or memo.
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 DEIS.
197-11-460 Issuance of FEIS.
27.01.130 Preparation of EIS – Additional considerations.
(1) Preparation of draft and final EISs and SEISs is the responsibility of the responsible official. Before the County issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.
(2) The draft and final EIS or SEIS shall be prepared by County staff, or by a consultant employed by contract to the County. Preparation of an EIS by the applicant or the applicant’s consultant can occur only in those circumstances where the scope of the EIS has been narrowed to no more than two (2) technical issues, such as storm water and transportation. In all cases the responsible official shall determine who prepares the EIS and shall have approval authority over its contents. If the responsible official requires an EIS for a proposal and determines that someone other than the County will prepare the EIS, the responsible official shall notify the applicant within ten (10) days after completion of the threshold determination. In such cases, the County will contract directly with a qualified consultant for preparation of the EIS.
(3) The responsible official may require an applicant to provide additional environmental or project description information, including specific investigations necessary to reasonably understand the proposal and its impacts and to enable the responsible official to make a well-reasoned environmental determination. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the County may request under another ordinance or statute.)
(4) If the responsible official determines that a consultant will be required to prepare an EIS, the Department of Community Development shall call for proposals and qualifications of firms to prepare the EIS within ten (10) days of completion of the EIS scoping process. A call for proposals may be made prior to completion of the scoping process, provided that a draft scoping notice has been completed to the satisfaction of the responsible official.
(5) The responsible official shall determine which consultants are qualified to complete an EIS as described in a call for proposal. The County shall place the names of consultants eligible to prepare the EIS on a list to be submitted to the applicant. The applicant shall select the consultant from the list and shall submit a letter to the responsible official providing the applicant’s consent to the consultant. Clallam County shall then enter into a contract for professional services with the consultant setting forth duties, responsibilities and costs for preparation of the EIS. Fees for preparation of the EIS shall be required of the applicant as set forth in CCC 27.01.300 and Chapter 3.30 CCC.
27.01.140 Additional topics to be covered in an EIS.
The following additional topics may be considered as part of the environment if deemed appropriate by the responsible official for the purposes of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:
(1) Economic impact;
(2) Cultural factors;
(3) Social policy analysis;
(4) Employment;
(5) Quality of life;
(6) Neighborhood stability.
Part Five. Commenting
27.01.150 Adoption by reference.
This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA including rules for public notice and hearings. Clallam County adopts the following SEPA Rules by reference, as supplemented in this part:
197-11-500 Purpose of this part.
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.
27.01.160 Public notice.
(1) Whenever Clallam County issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the County shall give public notice as follows:
(a) The County shall give notice of comment and appeal periods of a DNS in accordance with Chapter 26.10 CCC.
(b) Whenever the County issues a DS under WAC 197-11-360(3), the County shall give notice in accordance with Chapter 26.10 CCC and shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408.
(2) Whenever the County 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:
(a) Indicating the availability of the DEIS in a public notice required for a nonexempt license; and
(b) Publishing notice in a newspaper of general circulation in the County where the proposal is located.
(3) Whenever possible, the County shall integrate the public notice required under this section with existing notice procedures for the County’s nonexempt permit(s) or approval(s) required for the proposal.
(4) The County may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense.
27.01.170 Designation of official to perform consulted agency responsibilities for the County.
The responsible official shall be responsible for responding to a consultation request on a threshold determination, scoping, or a draft EIS. Additionally, the responsible official shall be responsible for the County’s compliance with WAC 197-11-550 and 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 County.
Part Six. Using Existing Environmental Documents
27.01.180 Purpose of this part and adoption by reference.
This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for Clallam County’s own environmental compliance. Clallam County adopts the following SEPA Rules by reference:
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.
Part Seven. SEPA and Agency Decisions
27.10.190 Purpose of this part and adoption by reference.
This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. Clallam County adopts the following SEPA Rules by reference:
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
27.01.200 Substantive authority.
(1) The policies and goals set forth in this chapter are supplementary to other County codes.
(2) The County may attach conditions to a license or for a proposal so long as:
(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to the ordinance; and
(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
(d) The County has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient or insufficient to mitigate the identified impacts; and
(e) Such conditions are based on one or more County SEPA policies specified in subsection (4) of this section and cited in the license or other decision document.
(3) The County may deny a license or approval for a proposal on the basis of SEPA so long as:
(a) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and
(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
(c) The denial is based on one or more SEPA policies identified in subsection (4) of this section and identified in writing in the decision document.
(4) The County designates and adopts by reference the following SEPA policies as the basis for the County’s exercise of authority pursuant to subsections (2) and (3) of this section.
(a) The County shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, functions, programs, and resources to the end that the State and its citizens may:
(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(ii) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
(iv) Preserve important historic, cultural, and natural aspects of our national heritage;
(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
(b) Clallam County 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.
(c) The County adopts by reference, as SEPA policies, the policies in the following County codes and State and Federal laws: CCC Title 31, County Comprehensive Land Use Plan; CCC Title 33, Zoning Ordinance; CCC Title 29, Subdivision Ordinance; Chapter 27.08 CCC, Open Space Ordinance; CCC Title 32, Floodplain Management Ordinance; CCC Title 35, Shoreline Master Program; CCHR 2 Solid Waste; CCHR 4, Sewage Disposal; Chapter 15.02 CCC, Assembly Ordinance; Clallam County Six (6) Year Road Program; Clallam County Park Plan; Chapter 19.27 CCC, State Uniform Building and Fire Codes; Chapter 90.48 RCW, Water Pollution Control Act; Chapter 90.52 RCW, Pollution Disclosure Act of 1971; Chapter 90.54 RCW, Water Resources Act 1971; Chapter 90.58 RCW, Shoreline Management Act of 1971; Chapter 70.93 RCW, Model Litter Control and Recycling Act; Chapter 70.94 RCW, Washington Clean Air Act; Chapter 70.95 RCW, Solid Waste Management – Recovery and Recycling; Chapter 70.105 RCW, Hazardous Waste Disposal; Chapter 70.105A RCW, Hazardous Waste Regulations; Chapter 70.107 RCW, Noise Control; Sequim Bay Watershed Management Plan; Dungeness River Flood Control Management Plan; Interim Critical Areas Ordinance, Chapter 27.12 CCC; Growth Management Act of 1990, Chapter 36.70A RCW.
Each condition based on State law shall reference said law and shall be accomplished pursuant to the State administration mechanisms established to implement such law.
(d) The County establishes the following additional policies: Clallam County shall apply any mitigation conditions necessary to mitigate identified adverse environmental impacts associated with license applications. Further, if impacts cannot be adequately mitigated as specified in an EIS, Clallam County may deny the license application based upon these impacts. In implementation of this policy for each individual license application Clallam County shall review all of the elements of the environment listed in WAC 197-11-444 and shall attempt to apply conditions as appropriate to mitigate identified adverse environmental impacts under all elements of the environment. Mitigation conditions may include but shall not be limited to: timing and scheduling of construction and operation, modification of site design, project design or location, modification of the physical environment, installation of physical and vegetation improvements, installation of pollution abatement equipment or safety equipment or improvements, providing of or upgrading of on- and off-site infrastructure improvements, including transportation systems, schools, parks and recreation facilities, utilities and drainage systems; conditions for the preservation or protection of specified habitat and species of flora and fauna, mitigation of pollution sources, provision for buffers and open spaces, site restoration, provision for lot owners or homeowners’ maintenance associations.
(5) When any license is conditioned or denied on the basis of SEPA by the responsible official, the decision shall be appealable to the County Commissioners as provided in CCC 27.01.210.
27.01.210 Appeals.
Clallam County establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680 and Chapter 26.10 CCC whereby consolidation of public hearings on projects and appeal hearing are made to the fullest extent possible, as follows:
(1) An aggrieved party may appeal the adequacy of a final EIS (FEIS) pursuant to the following procedures:
(a) Appeals relating to the adequacy of a FEIS shall be consolidated in all cases with the public hearing, if any, of the underlying governmental action. Appeals of the adequacy of a FEIS shall be made within fourteen (14) days of the issuance of the FEIS and shall be consistent with Chapter 26.10 CCC.
(b) If an appeal relating to the adequacy of a FEIS is filed, at the same public hearing on the underlying governmental action, if applicable, the decision-making body shall either affirm or reverse the decision of the responsible official and shall prepare a finding on its decision on the FEIS appeal. The powers of the decision-making body (e.g., Planning Commission) on FEIS appeals shall be consistent with the powers on the underlying governmental action. For example, the Planning Commission provides a recommendation on rezones to the Board of Commissioners; in such a situation, the Board of Commissioners would have final authority on the adequacy of the FEIS. On the other hand, the Hearing Examiner issues final decisions on shoreline permits, subject to appeal; in this situation, the Board of Commissioners would rule on the adequacy of the FEIS only when the decision of the Hearing Examiner is appealed. If the decision-making body determines that the FEIS is not adequate, it may remand the FEIS back to the responsible official requiring that specific impacts be reconsidered.
(c) If no public hearing process is required for the underlying governmental action, or if the underlying governmental action is appealed or advisory, review of the FEIS adequacy shall be heard by the Hearing Examiner in accordance with appeal procedures as set forth in Chapter 26.10 CCC.
(2) An aggrieved party may appeal a final DNS pursuant to the following procedures:
(a) Appeals relating to the adequacy of a final DNS shall be filed in accordance with Chapter 26.10 CCC which allows for one appeal of a project decision and includes the appeal of a SEPA threshold determination which is part of the decision on the underlying permit.
(b) At the open or closed record hearing on the appeal, whichever applies, the appellate body as specified in Chapter 26.10 CCC shall either affirm or reverse the decision of the responsible official which is a part of the underlying permit decision. If the appellate body determines that the DNS is not adequate, it may:
(i) Remand the decision back to the responsible official requiring that specific impacts be reconsidered. The appellate body shall adopt a finding which substantiates the need for a new public hearing for proper and adequate review of the project and wherever possible, all parties shall agree to such process. The new public hearing shall be duly advertised to the parties of record after which the decision-making body shall take action on said permit; or
(ii) Modify the decision of the decision-making body in accordance with the processing of appeals of the underlying permit as specified in Chapter 26.10 CCC.
(3) An applicant may appeal a determination of significance to the Hearing Examiner within fourteen (14) days of the date the DS is issued. The processing of an appeal of a DS is exempt from the public hearing limitations set forth in Chapter 26.10 CCC.
(4) For any appeal under this section, the County shall provide for a record that shall consist of the following:
(a) Findings and conclusions; and
(b) A taped or written transcript.
(c) The County may require the appellant to provide an electronic transcript.
(5) The procedural determination by the County’s responsible official shall carry substantial weight in any appeal proceeding.
(6) The County shall give official notice pursuant to WAC 197-11-680(4) and (5) whenever it issues a license or project approval for which a statute or ordinance exists which establishes a time limit for commencing judicial appeal.
27.01.220 Notice/statute of limitations.
The County, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
Part Eight. Definitions
27.01.230 Purpose of this part and adoption by reference.
This part contains uniform usage and definitions of terms under SEPA. Clallam County adopts the following SEPA Rules by reference, as supplemented by WAC 173-806-040:
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.
197-11-744 Environmental document.
197-11-748 Environmentally sensitive area.
197-11-752 Impacts.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
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.
Part Nine. Categorical Exemptions
27.01.240 Adoption by reference.
Clallam County adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, CCC 27.01.090 (Use of exemptions), and CCC 27.01.290 (Environmentally sensitive areas):
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
Part Ten. Forms
27.01.250 Adoption by reference.
Clallam County adopts the following forms and sections by reference:
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.
Part Eleven. Enforcement
27.01.260 Enforcement.
(1) A violation of the provisions of this chapter shall constitute a civil violation subject to a monetary penalty as well as prosecution as a misdemeanor. Conviction of a violation or payment of a penalty does not relieve a violator from compliance with this chapter.
(2) A violation of the provisions of this chapter is hereby determined to be detrimental to the public health, safety, and environment and is hereby declared to be a public nuisance, subject to prevention, removal, or abatement at the expense of the person(s) creating, causing, or committing such violation, and subject to the recording of a lien for such expenses against the property where the public nuisance is located, with such lien to be of equal rank with State, County, and municipal taxes.
(3) The provisions of this chapter are subject to the enforcement and penalty provisions contained in CCC Title 20, Code Compliance, except to the extent preempted by State or federal law, and except to the extent preempted by any contrary enforcement and penalty provisions contained in this chapter.
(4) Any person subject to this chapter who violates any provision of this chapter or the provisions of a permit or approval issued pursuant to this chapter shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation.
(5) Clallam County shall not issue any permit, license, or other development approval on a development proposal site subject to an enforcement order under this section; provided, that Clallam County may issue such permits to rectify or correct enforcement orders.
27.01.270 Penalty for violation.
Repealed by Ord. 814, 2007.
Part Twelve. Agency Compliance
27.01.280 Purpose of this part and adoption by reference.
This part contains rules for agency 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. Clallam County adopts the following SEPA Rules by reference:
197-11-900 Purpose of this part.
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 county.
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.
197-11-938 Lead agencies 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.
27.01.290 Environmentally sensitive areas.
(1) Clallam County shall designate environmentally sensitive areas under the standards of WAC 197-11-908 and shall file maps designating such areas, together with the exemptions from the list in WAC 197-11-908 that are inapplicable in such areas, with the County Auditor and the Department of Ecology, headquarters office, Olympia, Washington. The environmentally sensitive area designations shall have full force and effect of law as of the date of filing.
(2) The County shall treat nonexempt proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The County shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area.
(3) Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped.
27.01.300 Fees.
The County shall require fees for its environmental evaluation activities in accordance with the provisions of Chapter 5.100 CCC.
(1) Threshold Determination. For every environmental checklist the County will review when it is lead agency, the County shall collect a fee pursuant to Chapter 5.100 CCC 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 County completes the environmental checklist at the applicant’s request or under CCC 27.01.090(3), an additional fee as provided in Chapter 5.100 CCC shall be collected.
(2) In the majority of cases most of the County’s cost in making a threshold determination will be covered by the normal checklist fee. However, in some cases where impacts are more significant and varied, the research and analysis required may become more costly and regular costs do not adequately cover the County’s expenses in consideration of the applications. This is particularly true when expanded environmental checklists or extensive addendums to the checklist are developed and submitted for an application for a license. In cases where such applications are submitted, Planning Department time involved in review of the application may become extensive. When expanded checklists or applications with extensive addendums are submitted or when a checklist application and related project takes more than eight work hours to review and analyze, an additional fee shall be collected as provided by Chapter 5.100 CCC.
(3) Environmental Impact Statement.
(a) When the County 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 County, the County may charge and collect a reasonable fee from the project proponent to cover costs incurred by the County 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 remit payment of such costs pursuant to Chapter 5.100 CCC.
(b) The responsible official may determine that the County will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by a person or agency other than the County and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the County and applicant after a call for proposals. The County may require the applicant to post bond or remit payment of such costs prior to the consultant beginning work on the preparation of the EIS.
(c) If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (3)(a) or (3)(b) of this section which remain after incurred costs are paid pursuant to Chapter 5.100 CCC and CCC 27.01.170.
(4) The County 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.
(5) The County shall not collect a fee for performing its duties as a consulted agency.
(6) The County 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.
27.01.310 Adoption of Washington Administrative Code.
This chapter refers to specific sections of the Washington Administrative Code. These references are intended to adopt the regulation in its current form and any future amendments thereto.
27.01.320 Effective date.
This chapter shall become effective 10 days after adoption.
27.01.330 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.
27.01.340 Repealer.
The Clallam County Environmental Policy Ordinances No. 55 and 56 of 1974 and 154 of 1981, relating to environmental policy and categorical exemptions are repealed effective as of the effective date of this chapter.
Chapter 27.03
LAKE SUTHERLAND MANAGEMENT DISTRICT 2*Sections:
27.03.010 Purpose.
27.03.020 Boundary.
27.03.030 Duration.
27.03.040 Improvement and maintenance activities.
27.03.050 Advisory committee appointment and duties.
27.03.070 Special revenue fund to be created.
27.03.080 Effective date.
27.03.090 Severability.
SOURCE: ADOPTED:
Ord. No. 763, 2004 10/19/04
*Code reviser’s note: See also Chapter 19.50 CCC, Lake Dawn Management District No. 1.
27.03.010 Purpose.
Pursuant to Chapter 36.61 RCW, the Board of Clallam County Commissioners hereby establishes Lake Sutherland Management District 2. The District is established after an election conducted pursuant to Chapter 36.61 RCW at which a majority of those casting ballots voted in favor of the District’s formation.
The purpose of the Lake Management District (LMD) is to protect Lake Sutherland’s beneficial uses, water quality, and wildlife habitat. It has been determined that Lake Sutherland contains Eurasian watermilfoil, a noxious weed. Containment and removal of Eurasian watermilfoil, which can inhibit multiple recreational activities such as boating, swimming and fishing, diminish aesthetic and economic values, and impair water quality and wildlife habitat, is a benefit to all lake residents who have significant opportunity for the enjoyment of the lake through active and passive recreation.
27.03.020 Boundary.
Said District shall include all properties fronting or having community access to Lake Sutherland in Clallam County, Washington, with the following exceptions:
(1) Entire parcels used exclusively for private roads or utilities;
(2) Community open space parcels dedicated on a final plat or short plat as open space or lake access for the benefited property owners;
(3) Lands covered by water.
A geographic representation of the boundaries is included as Attachment A.
27.03.030 Duration.
The duration of the proposed District shall be approximately five (5) years and shall expire on December 31, 2009, unless otherwise extended by ordinance.
27.03.040 Improvement and maintenance activities.
The following activities for lake improvement and maintenance to prevent adverse impacts on fish and wildlife and provide for measures to protect and enhance fish and wildlife are authorized:
(1) Manage Eurasian watermilfoil in Lake Sutherland to meet recreational and aesthetic needs, fishery and wildlife habitat requirements, and ecosystem and ground water concerns.
(2) Employ best practices in control of Eurasian watermilfoil based on environmental safety and efficacy.
(3) Monitor the level of Eurasian watermilfoil in Lake Sutherland and recommend and implement actions to control and eradicate it.
27.03.050 Advisory committee appointment and duties.
An advisory committee, designated the Lake Sutherland Steering Committee, composed of up to seven (7) volunteers who are property owners within the District and who reflect various lake use interests and geographic distribution within the Lake Management District will be appointed by the Clallam County Commissioners in accordance with policies established for boards and committees. The Committee will work in cooperation with assigned County staff to provide citizen input to the Board of Commissioners on management decisions within the context of this chapter.
27.03.070 Special revenue fund to be created.
The Lake Sutherland Management District 2 Fund (LMD 2 Fund) shall be created by resolution of the Board of Commissioners. All revenues from assessments or other charges collected from properties within the District boundary will be deposited in the fund.
Expenditures shall only be used to support activities of the Lake Sutherland Management District 2 authorized in this chapter. Any monies remaining in the fund at the end of the District’s term may be expended only for those activities described in this chapter or may be added to funds collected through the formation of another District at Lake Sutherland and expended for activities that were described in this chapter.
27.03.080 Effective date.
This chapter shall take effect ten (10) days after adoption.
27.03.090 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of this chapter, it being hereby expressly declared that this chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional.
Chapter 27.08
CLALLAM COUNTY OPEN SPACE CODESections:
27.08.010 Purpose.
27.08.020 Applicability.
27.08.030 Authority.
27.08.040 Administration.
27.08.050 Definitions.
27.08.060 Open space land public benefit resources.
27.08.070 Factors to be considered for open space land classification.
27.08.080 Open space land public benefit rating system.
27.08.090 Public access policy.
27.08.100 Signage.
27.08.110 Hold harmless agreement.
27.08.120 Open space land amendments.
27.08.130 Timber land classification.
27.08.140 Timber land classification rate schedule.
27.08.150 Timber land amendments.
27.08.160 Home site exclusion.
27.08.170 Procedure.
27.08.180 Enforcement.
27.08.190 Severability.
SOURCE: ADOPTED:
Ord. No. 606, 1996 12/17/96
AMENDED SOURCE: ADOPTED:
Ord. No. 712, 2001 09/04/01
27.08.010 Purpose.
To maintain, preserve and otherwise continue in existence, adequate open space lands for the current or future production of food and fiber, and to assure the use and enjoyment of natural resources and scenic beauty for the economic welfare, social well being, and quality of life for the County and its citizens in accordance with Chapter 84.34 RCW and the Clallam County Comprehensive Plan, Chapter 31.02 CCC, as adopted and hereafter amended, the following policies and procedures are hereby adopted.
27.08.020 Applicability.
This chapter shall regulate applications for, and the subsequent classification or reclassification of land as open space land and timber land, pursuant to Chapter 84.34 RCW, throughout Clallam County. Applications that involve properties within incorporated portions of the County shall require additional review by the appropriate jurisdiction’s legislative body.
27.08.030 Authority.
Clallam County adopts the ordinances codified in this chapter under the authority of Chapter 84.34 RCW. The Board of Clallam County Commissioners is the legislative authority to approve or deny open space land and timber land applications reviewed under this chapter.
27.08.040 Administration.
The Clallam County Assessor and the Director of the Department of Community Development, or his or her designee, are vested with the responsibility to administer the provisions of this chapter, unless otherwise specified. All applications shall be processed in accordance with CCC 27.08.170, Procedure.
27.08.050 Definitions.
Those definitions set forth in RCW 84.34.020 as adopted and hereafter amended are hereby incorporated by reference and shall govern and control the application and interpretation of this chapter. Applicable definitions include, but are not limited to, the following:
(1) “Open space” refers to the open space program in its entirety, and often referred to as the “current use” program. For the purposes of this chapter, this includes “open space land” and “timber land” as defined below.
(2) “Open space land” means:
(a) Any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly; or
(b) Any land area, the preservation of which in its present use would:
(i) Conserve and enhance natural or scenic resources, or
(ii) Protect streams or water supply, or
(iii) Promote conservation of soils, wetlands, beaches or tidal marshes, or
(iv) Enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or
(v) Enhance recreation opportunities, or
(vi) Preserve historic sites, or
(vii) Preserve visual quality along highway, road, and street corridors or scenic vistas; or
(c) Any land meeting the definition of “farm and agricultural conservation land” under subsection (8) of RCW 84.34.020, Definitions.
(3) “Timber land” means any parcel of land that is five (5) or more acres or multiple parcels of land that are contiguous and total five (5) or more acres which is or are devoted primarily to the growth and harvest of forest crops for commercial purposes. Timber land means the land only.
(4) “Farm and agricultural conservation land” means either:
(a) Land that was previously classified as “farm and agricultural land,” that no longer meets the criteria for such classification, and that is reclassified as “open space lands” pursuant to Chapter 84.34 RCW; or
(b) Land that is traditional farmland that is not classified under Chapter 84.33 RCW, or Chapter 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture.
(5) “Traditional farmland,” for the purposes of this chapter, shall mean land which has been used on a regular basis for the purpose of attempting to obtain cash income by:
(a) Raising, harvesting, and selling lawful crops;
(b) Feeding, breeding, managing, and selling of livestock, poultry, fur-bearing animals, or honey bees, or any products thereof;
(c) Dairying or selling of dairy products;
(d) Animal husbandry;
(e) Aquaculture;
(f) Horticulture;
(g) Participating in a government-funded crop reduction or acreage set-aside program; or
(h) Cultivating Christmas trees or short-rotation hardwoods on land that has been prepared by intensive cultivation and tilling, such as by plowing or turning over the soil, and on which all unwanted plant growth is controlled continuously for the exclusive purpose of raising such trees.
(6) “Legislative authority” means the Board of Clallam County Commissioners, or its designee.
27.08.060 Open space land public benefit resources.
Properties which contain, abut (if applicable), or otherwise meet one or more of the following criteria shall be eligible for open space land public benefit rating points:
(1) Floodplains or Floodways. Properties which contain floodways or 100-year floodplains as designated by the Clallam County critical areas maps or by the Federal Emergency Management Agency flood maps. Points shall not be assigned if the associated stream also qualifies the subject property for benefit points under subsection (4) of this section, Streams.
(2) Meander Hazard Zones. Properties within riparian meander hazard zones as designated by the Clallam County critical areas maps. Points shall not be assigned if the associated stream also qualifies the subject property for benefit points under subsection (4) of this section, Streams.
(3) Open Space, Wildlife Corridor, or Greenbelts. Properties within open space zoning districts, wildlife corridors, or greenbelts, as identified by Federal, State, or local agencies. Optionally, public benefit rating points will be awarded if an applicant demonstrates to the satisfaction of the legislative authority the existence of a wildlife corridor within the subject property. Points shall not be assigned if the associated stream also qualifies the subject property for benefit points under subsection (4) of this section, Streams.
(4) Streams. Properties which contain or abut Types 1 through 5 streams as defined by WAC 222-16-030, Water Typing Systems, and regulated through Chapter 27.12 CCC, Chapter 35.01 CCC, and the Clallam County Shoreline Master Program.
(5) Habitat. Properties which contain any of the following:
(a) Private wildlife reserves. Such reserves must be officially designated areas, as defined by Federal, State, or local agencies, under private ownership, that are maintained in a manner as to provide habitat for animal species native to the North Olympic Peninsula.
(b) Properties which contain Class I or II Wildlife Habitat Conservation Areas as provided by the Clallam County Critical Areas Code, CCC 27.12.310(b) and (c), Classification Areas.
(c) Those areas where County-sanctioned ongoing habitat restoration, protection, or demonstration projects are in progress.
(6) Endangered Species. Properties which contain documented occurrence of a State or Federal endangered species; State or Federal threatened species; or State or Federal proposed endangered or threatened species.
(7) Rare or Unique Plant Communities. Properties which contain plant communities listed as rare or unique by the Washington Natural Heritage Program.
(8) Wetlands. Properties which contain regulated Class I through IV wetlands as defined by Chapter 27.12 CCC, Critical Areas Code. Landowners whose properties contain unclassified wetlands may choose to either:
(a) Provide the legislative authority with documentation that specifies the classification of the subject wetland. If necessary, such documentation shall be prepared, at the landowner’s expense, by a professional consultant approved by Clallam County; or
(b) Accept public benefit points equal to that provided for Class III wetlands.
(9) Shorelines. Properties which contain or abut shorelines classified as any of the following in accordance with the Clallam County Shoreline Master Program:
(a) Natural environment;
(b) Conservancy environment;
(c) Rural environment;
(d) Suburban environment;
(e) Urban environment;
(f) Shorelines of State-wide significance.
Points shall not be assigned if the associated stream also qualifies the subject property for benefit points under subsection (4) of this section, Streams.
(10) Well Head Protection Areas. Properties within a designated well head protection area as may be identified by Clallam County maps.
(11) Historical or Archaeological Sites. Properties which contain either of the following:
(a) Historical sites which are listed, or are eligible for listing, on the Washington Heritage Register or the National Register of Historic Places; or
(b) Documented or potential archaeological sites listed, or eligible for listing, with the Washington State Office of Archaeology and Historic Preservation.
(12) Scenic Vistas. Properties which provide either of the following scenic resources:
(a) Unique scenic vistas and features. Public access shall be required for point eligibility under this subsection. Tax benefit reductions shall apply only to the portion(s) of the subject property that is provided for public access; or
(b) Unique scenic resources within the visual corridor of a Federal, State, or County designated scenic highway, such as Highways 101 and 112, and the Dungeness Scenic Loop. Applicants must provide photographic documentation if requested by the County legislative authority.
(13) Landslide Hazards. Properties which contain landslide hazard areas as defined by Chapter 27.12 CCC, Critical Areas Code, and documented on the Clallam County critical areas maps.
(14) Farm and Agricultural Conservation Land. To be eligible for public benefit points under this subsection a property must meet all of the following criteria:
(a) Properties must meet the definition of “farm and agricultural conservation land” as specified by CCC 27.08.050(4), Definitions; and
(b) Properties must be “subdividable,” that is, the area of each subject property must be equal to or greater than two (2) times the maximum residential density of the underlying zoning district. This provision does not apply to those properties within the Agricultural Retention (AR) zoning district.
(c) Applications shall be accompanied by a statement of intent, which includes all interim measures that will be followed to protect and manage the land in a manner that allows resumption of commercial agricultural use. The statement shall provide the following information:
(i) The name, address, and daytime telephone number of the landowner;
(ii) The tax parcel number of the subject property;
(iii) The size of the subject property;
(iv) A nontechnical soils description and agricultural capability classification as assigned in the Soil Survey of Clallam County Area, published by the U.S. Department of Agriculture;
(v) A copy of the published soils map showing the boundaries of the subject property;
(vi) A schedule of measures that are and will be used to accomplish the goals and objectives; and
(vii) The steps that will be taken to conserve the agricultural soils to allow a return to commercial agricultural production.
Public benefit rating points for farm and agricultural conservation lands shall be assigned in terms of parcel size and soil capability classifications (as provided by the U.S. Department of Agriculture’s Soil Survey of Clallam County Area, Washington). Benefit points shall be assigned in accordance with the following table:
Points Table for Farm and Agricultural Conservation Lands
Parcel Size
Soils
0 – 4.99 Acres
5.0 – 9.99 Acres
10.0 – 14.99 Acres
15.0 – 19.99 Acres
20.0 Acres and greater
“Prime” or Class I
3
6
9
12
15
Class II
2
3
6
9
12
Class III
1
2
3
6
9
Class IV
0
1
2
3
6
(15) Public Access. Public benefit points may be earned in accordance with the following:
(a) Privately Owned Recreation Facilities. Properties that are maintained in a substantially natural state, and are made available to the public for a fee for the purpose of hiking, fishing, horseback riding, hunting, picnicking, or other outdoor recreational activities that do not significantly alter the natural topography, hydrology, or the variety and distribution of the existing native vegetation.
(b) General Public Access. Properties which are made available to the public in accordance with CCC 27.08.090, Public Access Policy.
(16) Development Pressure/Zoning. The following categories of parcel area preservation shall be eligible for public benefit rating points:
(a) Eligible properties are those zoned R1, RW1, R2, RW2, QR, R5, RW5, RCC5, RCC3, RLM, RSC, R20, CFM5, CFM20, and CF. Also included are RC, RNC, TC, and CEN properties when associated with a residential land use, or are undeveloped. To be eligible for points under this subsection, the subject property must be large enough to be legally subdividable. Points shall not be assigned under this subsection if the subject property(s) qualifies for benefit points under subsection 16(b) of this section.
(b) Public benefit points may be earned by combining contiguous parcels under single ownership through the lot combination process in accordance with Chapter 29.43 CCC, Boundary Line Adjustments and Lot Combination. The resulting parcel created through the lot combination process may contain one single-family residence. The area of the resulting parcel created through the lot combination process must be equal to or greater than two (2) times the maximum residential density of the underlying zoning district.
The landowner shall initiate the lot combination process prior to, or concurrently with, the open space application, and shall provide at the time of open space application appropriate documentation of the proposed or final lot combination.
Lot combination under this section shall not create a “split zone” parcel. In the event a rezone is required, the lowest density zoning shall prevail. The landowner shall initiate the rezone procedure concurrently with the open space application, and shall so demonstrate to the legislative authority with the appropriate documentation.
(c) Undeveloped properties which abut (minimum of fifty (50) feet of common property line) existing public park lands, forests, wildlife preserves, sanctuaries, or other open space lands classified under Chapter 84.33 RCW or Chapter 84.34 RCW shall be eligible for public benefit points. For the purposes of this subsection, “undeveloped property” shall mean any property that has not undergone human-induced change, including, but not limited to, the construction of buildings or other structures, placement of manufactured homes or mobile homes, mining, dredging, clearing, filling, grading, paving, excavation, drilling operations, or other activities that substantially alter the natural topography, hydrology, or existing native vegetation.
(17) Conservation Easements and TDRs. Properties with diminished development rights resulting from either:
(a) Transfer of development rights (TDRs) in accordance with provisions of the Clallam County Zoning Code, CCC Title 33; or
(b) Perpetual conservation easements that:
(i) Preserve land areas for outdoor recreation or for the education of the general public; or
(ii) Protect natural habitat for fish, wildlife, plants or similar ecosystems; or
(iii) Preserve open space (including farmland and forestland) where such preservation is for the scenic enjoyment of the general public or pursuant to a clearly delineated Federal, State, or local governmental conservation policy.
Tax benefit reductions for TDRs shall apply to that percentage of the subject property, which would otherwise be available for development prior to the transfer. Tax benefit reductions for perpetual conservation easements shall apply only to that portion of a subject property that is conserved by the easement.
27.08.070 Factors to be considered for open space land classification.
In determining whether an application for open space land classification or reclassification should be approved, the Board of Commissioners may take cognizance of the benefits to the general welfare of preserving the current use of the property which is the subject of application, and shall consider the following:
(1) The resulting revenue loss or tax shift;
(2) Whether granting the application for land applying under RCW 84.34.020(1)(b) (CCC 27.08.050(2)(b)) will:
(a) Conserve or enhance natural, cultural, or scenic resources;
(b) Protect streams, stream corridors, wetlands, natural shorelines and aquifers;
(c) Protect soil resources and unique or critical wildlife and native plant habitat;
(d) Promote conservation principles by example or by offering educational opportunities;
(e) Enhance the value of abutting or neighboring parks, forest, wildlife preserves, nature reservations, sanctuaries, or other open spaces;
(f) Enhance recreation opportunities;
(g) Preserve historic and archaeological sites;
(h) Preserve visual quality along highway, road, and street corridors or scenic vistas;
(i) Affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property; and
(3) Whether granting the application for land applying under RCW 84.34.020(1)(C) (CCC 27.08.050(2)(c)) will:
(a) Either preserve land previously classified under RCW 84.34.020(2) or preserve land that is traditional farmland and not classified under Chapter 84.34 or 84.33 RCW;
(b) Preserve land with a potential for returning to commercial agriculture, and
(c) Affect any other factors relevant in weighing benefits to the general welfare of preserving the current use property.
27.08.080 Open space land public benefit rating system.
(1) The categories provided by CCC 27.08.060, Open Space Land Public Benefit Resources, are presented in the following table, which shall be considered in determining public benefit ratings for open space land applications. Public benefit points specified herein shall be assigned for each criterion met by the subject property, up to a maximum value within each of six (6) brackets. Earned points from each bracket are then totaled and matched to the open space land classification rate schedule in subsection (2) of this section. Except where noted, the specific feature considered must be contained within the subject property to be eligible. Properties which meet a given criterion shall receive the full number of points provided for that criterion.
The following criteria are presented in six (6) brackets, based on the level of identified public benefit. Resource and feature categories within each bracket include physical characteristics such as streams and shorelines, cultural resources such as historical and archaeological sites, and undivided land parcels.
After determining, from the following ranked public benefit listings, the appropriate criteria for their property, applicants are urged to refer to the indicated reference for detailed descriptions of the criteria by which the application will be evaluated in terms of eligibility for public benefit rating.
Public Benefit Rating Table Item No.
Item
Reference
Pts.
Maximum Allowed in Category
Highest Public Benefit
1.
Conservation easements, TDRs
CCC 27.08.060(17)
23
23
Very High Public Benefit
2. A.
Lot combination
CCC 27.08.060(16)(b)
15
15
2. B.
Public access
CCC 27.08.060(15)(b)
15
High Public Benefit
3.
Farm and agricultural conservation lands
CCC 27.08.060(14)
0 - 15
15
Medium/High Public Benefit
4. A.
Floodways, floodplains and meander zones
CCC 27.08.060(1), (2)
3
12
4. B.
Type 1 or 2 streams
CCC 27.08.060(4)
3 *
4. C.
Habitat or endangered species protection
CCC 27.08.060(5)
3
4. D.
Class I or II wetlands
CCC 27.08.060(8)
3
4. E.
Natural or conservancy environment shorelines, or shorelines of State-wide significance
CCC 27.08.060(9)
3
4. F.
Historical sites
CCC 27.08.060(11)
3
4. G.
Archaeological sites
CCC 27.08.060(11)
3
4. H.
Scenic vistas
CCC 27.08.060(12)
3
4. I.
Open space, greenbelts, or wildlife corridors
CCC 27.08.060(3)
3
4. J.
Development pressure/zoning
CCC 27.08.060(16)(a)
3
4. K.
Rare or unique plant communities
CCC 27.08.060(7)
3
Medium Public Benefit
5. A.
Type 3 or 4 streams
CCC 27.08.060(4)
2
6
5. B.
Landslide hazard areas
CCC 27.08.060(13)
2
5. C.
Class III wetlands
CCC 27.08.060(8)
2
5. D.
Well head protection areas
CCC 27.08.060(10)
2
5. E.
Rural environment shorelines
CCC 27.08.060(9)
2
5. F.
Public access (privately owned recreation facilities)
CCC 27.08.060(15)(a)
2
5. G.
Development pressure (abuts parks, public forests, etc.)
CCC 27.08.060(16)(c)
2
Low Public Benefit
6. A.
Type 5 streams
CCC 27.08.060(4)
1
2
6. B.
Class IV wetlands
CCC 27.08.060(8)
1
6. C.
Suburban or urban environment shorelines
CCC 27.08.060(9)
1
*May be increased to 6 points if the landowner agrees to maintain a riparian buffer twice that provided by the Clallam County Critical Areas Code, Chapter 27.12 CCC.
(2) Open Space Land Classification Rate Schedule. The following rate schedule shall apply to eligible lands under the open space land category. Maximum reduced land valuation possible shall equal ninety (90) percent.
Open Space Classification Rate Schedule Public Benefit Rating
Reduction in Land Valuation
< 2
0%
2
5%
3 – 4
10%
5 – 7
20%
8 – 10
30%
11 – 13
40%
14 – 16
60%
17 – 19
70%
20 – 22
80%
23
90%
27.08.090 Public access policy.
(1) Except as provided in subsections (3)(a) through (3)(d) of this section, applicants for open space land classification may agree to provide public access to the subject property and the features and resources contained therein. Such applications shall earn public benefit rating points in accordance with provisions of this chapter. Applications involving public access shall be accompanied by the landowner’s proposed rules of conduct and a description of how public access is to be managed within the limitations set forth in this section. The one-acre home site exclusion may apply in administering public access management by limiting access to those portions of the property outside the home site exclusion. Approved applications shall be conditioned to require approved signage pursuant to CCC 27.08.100, Signage.
(2) The County Assessor’s Office shall provide applicants with terms of the Clallam County Public Access Policy as part of the application packet.
(3) In certain instances, public access may be detrimental to the resource(s) involved; therefore, public access points shall not be assigned to properties in which any of the following conditions occur:
(a) The subject property involves an endangered or threatened species as provided by CCC 27.08.060(6), Endangered Species;
(b) The subject property qualifies as open space due to the promotion of soils, wetlands, beaches, or tidal marshes; except, applicants may earn public access points by demonstrating to the satisfaction of the legislative authority that public access shall be managed such that there will be no adverse effects on the associated natural feature;
(c) The subject property contains a known archaeological site as listed by the Washington State Office of Archaeological and Historic Preservation; or
(d) Access to the subject property would involve trespass on or over neighboring properties.
27.08.100 Signage.
Open space signs are required only when public access is granted under the provisions of this chapter. Signs shall conform to Clallam County land use codes and the following criteria. All signs shall:
(1) Be provided by Clallam County as official open space-public access signage;
(2) Be posted as follows: At least one open space sign shall be posted on the subject property’s road frontage, or nearest public road as applicable, in a conspicuous location, visible to passing motorists. At minimum, signs shall identify access points, allowed uses, and landowner contact information.
(3) Be purchased by the property owner for the appropriate fee as established in Chapter 3.30 CCC; and
(4) Be maintained at the owner’s expense in good condition for as long as the landowner is receiving public benefit points based on allowing public access to the subject property and its open space feature(s). Failure to maintain or replace removed or missing signs by the property owner may jeopardize the open space benefit points based on granting public access to the subject property pursuant to this chapter.
27.08.110 Hold harmless agreement.
All open space property owners who grant public access must execute a hold harmless agreement, freeing Clallam County of any liability which may arise as a result of open space approval. The County Assessor’s Office shall provide applicants with a hold harmless agreement as part of the application packet.
In addition to the hold harmless agreement, applicants for public access benefit points shall provide proof of comprehensive general liability insurance for the subject property. The proof of insurance shall include a copy of the insurance endorsement from companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended, setting forth that Clallam County, and its elected and appointed officers and employees have been named as an additional insured.
Each applicant shall show proof of the following coverage: bodily injury, including death, and property damage in the amount of $1,000,000 per occurrence.
27.08.120 Open space land amendments.
Amendments to approved
