DIVISION I – SEPA AND RECLAMATION PROGRAM
Chapter 16.04
STATE ENVIRONMENTAL POLICY ACT
Sections:
Article I – General Provisions
16.04.010 Authority.
16.04.020 Adoption by Reference.
16.04.030 Definitions.
16.04.040 Additional Definitions.
16.04.050 Designation of Responsible Official.
16.04.060 Lead Agency Determination and Responsibilities.
16.04.065 Administrative Procedures for SEPA Applications.
16.04.070 Additional Considerations in Time Limits Applicable to the SEPA Process.
16.04.080 Additional Timing Considerations.
16.04.085 SEPA Integration – Use of Existing Comprehensive Plans and Development Regulations for Environmental Review.
16.04.087 Planned Actions.
Article II – Categorical Exemptions and Threshold Determinations
16.04.090 Adoption by Reference.
16.04.100 Flexible Thresholds for Categorical Exemptions.
16.04.110 Use of Exemptions.
16.04.120 Environmental Checklist.
16.04.130 Mitigated DNS.
Article III – Environmental Impact Statement (EIS)
16.04.140 Adoption by reference.
16.04.150 Preparation of EIS – Additional considerations.
16.04.160 Additional elements to be covered by an EIS.
Article IV – Commenting
16.04.170 Adoption by Reference.
16.04.180 Public Notice.
16.04.190 Designation of Official to Perform Consulted Agency Responsibilities for the County.
Article V – Using Existing Environmental Documents
16.04.200 Adoption by Reference.
16.04.210 SEPA Public Information.
Article VI – SEPA and Agency Decisions
16.04.220 Adoption by Reference.
16.04.230 Substantive Authority.
16.04.240 SEPA Appeals.
16.04.250 Notice/Statute of Limitations.
Article VII – Categorical Exemptions
16.04.260 Adoption by Reference.
Article VII – Agency Compliance
16.04.270 Adoption by Reference.
16.04.280 Fees.
16.04.290 Severability.
Article IX – Forms
16.04.300 Adoption by Reference.
Article I – General Provisions
16.04.010 Authority.
The County of Yakima adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904.
This chapter contains this county’s SEPA procedures and policies. The SEPA rules, WAC Chapter 197-11, must be used in conjunction with this chapter.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 1 § 1, 1984).
16.04.020 Adoption by Reference.
This article contains the basic requirements that apply to the SEPA process. The county adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference:
WAC
197-11-040 Definitions.
197-11-050 Lead agency.
197-11-055 Timing of the SEPA process.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
197-11-158 GMA project review-reliance on existing plans and regulations.
197-11-210 SEPA/GMA integration.
197-11-220 SEPA/GMA definitions.
197-11-228 Overall SEPA/GMA integration procedures.
197-11-229 Timing of an integrated GMA/SEPA process.
197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis and expanded scoping.
197-11-235 Documents.
197-11-238 Monitoring (optional).
197-11-250 SEPA Model Toxics Control Act integration.
197-11-253 SEPA lead agency for MTCA actions.
197-11-256 Preliminary evaluation.
197-11-259 Determination of Nonsignificance for MTCA remedial actions.
197-11-262 Determination of significance and EIS for MTCA remedial actions.
197-11-265 Early scoping for MTCA remedial actions.
197-11-268 MTCA interim actions.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 1, 1984).
16.04.030 Definitions.
This section contains uniform usage and definitions of terms under SEPA. The county adopts the following sections by reference, as supplemented by WAC 173-806-030:
WAC
197-11-700 Definitions.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected right.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-721 Closed record appeal.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency.
197-11-726 Cost-benefit analysis.
197-11-728 County/city.
197-11-730 Decision maker.
197-11-732 Department.
197-11-734 Determination of Nonsignificance (DNS).
197-11-736 Determination of significance (DS).
197-11-738 EIS.
197-11-740 Environment.
197-11-742 Environmental checklist.
197-11-744 Environmental document.
197-11-746 Environmental review.
197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 Mitigated DNS.
197-11-768 Mitigated.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nonproject.
197-11-775 Open record hearing.
197-11-776 Phased review.
197-11-778 Preparation.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Responsible official.
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Scoping.
197-11-794 Significant.
197-11-796 State agency.
197-11-797 Threshold determination.
197-11-799 Underlying governmental action.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 8 § 1, 1984).
16.04.040 Additional Definitions.
In addition to those definitions contained within WAC 197-11 when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
(1) “County” means the municipal corporation of Yakima County, Washington.
(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 written response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of Nonsignificance (DNS) procedures).
(4) “Ordinance” means the ordinance, resolution, or other procedure used by the county to adopt regulatory requirements.
(5) “SEPA rules” means WAC Chapter 197-11 adopted by the Department of Ecology.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 2, 1984).
16.04.050 Designation of Responsible Official.
(1) For those proposals for which the county is the lead agency, the responsible official shall be the Yakima County director of planning 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 environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.
(3) For those proposals requiring the specialized expertise of more than one county department, the responsible official may request information necessary to discharge his responsibilities under this chapter from those other departments. Such information as can be reasonably supplied by those departments shall be transmitted to the responsible official in a timely manner.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 3, 1984).
16.04.060 Lead Agency Determination and Responsibilities.
(1) The department within the county receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.
(2) When the county is the lead agency for a proposal, the department receiving the application shall refer the matter to the responsible official who 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. In some cases, 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 197-11-253 or WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen 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-day time period. Any such petition on behalf of the county shall be initiated by the responsible official.
(5) The responsible official is authorized to make agreements as to lead agency status of shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.
(6) Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.
(7) When the county is lead agency for a MTCA remedial action, the department of ecology shall provide an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the county shall decide jointly with ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 4, 1984).
16.04.065 Administrative Procedures for SEPA Applications.
The administrative procedures of Title 16B, Project Permit Administration, shall apply to applications for SEPA review.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 1, 1996).
16.04.070 Additional Considerations in Time Limits Applicable to the SEPA Process.
(1) Except for a determination of significance, or for a project having no other permits requiring a Notice of Application, the responsible official may not issue a threshold determination under SEPA, or a decision or recommendation on a project permit, until the expiration of the notice of application comment period on the underlying project permit.
(2) Threshold determinations shall be issued at least 15 days prior to any open record hearing.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 2, 1996: Ord. 6-1984 Part 2 § 5, 1984).
16.04.080 Additional Timing Considerations.
For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the county’s staff recommendation to the planning commission, hearing examiner or similar decision body.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 2 § 5, 1984).
16.04.085 SEPA Integration – Use of Existing Comprehensive Plans and Development Regulations for Environmental Review.
(1) The responsible official may determine that existing comprehensive plans, subarea plan elements of a comprehensive plan, development regulations, or other local, state, or federal rules or laws provide adequate analysis and mitigation of the specific probable adverse environmental impacts of a proposed action as defined by RCW 43.21C (SEPA) and Chapter 16.04 of this code.
(2) A comprehensive plan, subarea plan, or development regulation shall be considered to adequately address a specific probable adverse environmental impact if the responsible official, through the environmental and project review processes has identified the specific adverse environmental impacts of the proposed project; and
(a) The impacts have been avoided or otherwise mitigated; or
(b) The board of county commissioners has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by RCW 36.70A.
(3) If the responsible official determines that existing plans, development regulations, rules or laws adequately address a project’s probable specific adverse environmental impacts as provided in subsections A and B above, then the responsible official shall not impose additional studies or mitigation under RCW 43.21C (SEPA) or this chapter during project review.
(4) In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the responsible official shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the responsible official shall base or condition its project approval on compliance with these other existing rules or laws.
(5) Nothing in this section limits the authority of an agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter.
(Ord. 5-1996 § 3, 1996).
16.04.087 Planned Actions.
(1) A planned action, as defined in subsection (2) of this section, does not require a threshold determination or the preparation of an environmental impact statement under RCW 43.21C or this chapter, but is subject to environmental review and mitigation as provided in RCW 43.21C and this title.
(2) For the purposes of this subsection, a “planned action” means one or more types of project action that:
(a) Are designated planned actions by an ordinance or resolution adopted by Yakima County pursuant to RCW 36.70A.040;
(b) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with a comprehensive plan or subarea plan adopted pursuant to RCW 36.70A; or, a fully contained community, a master planned resort, a master planned development, or a phased project;
(c) Are subsequent or implementing projects for the proposals listed in subsection (2)(A) of this section;
(d) Are located within an urban growth area, as defined in RCW 36.70A.030;
(e) Are not essential public facilities as defined in RCW 36.70A.200; and
(f) Are consistent with a comprehensive plan adopted pursuant to RCW 36.70A.
(3) Yakima County shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the county and may limit a planned action to a time period identified in the environmental impact statement or the ordinance or resolution adopted under this subsection.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 4, 1996).
Article II – Categorical Exemptions and Threshold Determinations
16.04.090 Adoption by Reference.
This article contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The county adopts the following sections by reference, as supplemented in this part:
WAC
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.
197-11-355 Optional DNS process.
197-11-360 Determination of significance (DS)/initiation of scoping.
197-11-390 Effect of threshold determination.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 3 § 1, 1984).
16.04.100 Flexible Thresholds for Categorical Exemptions.
Yakima County establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:
(1) For residential units in WAC 197-11-800(1)(b)(i):
(a) Within the Yakima Urban Area As Defined in Title 15A.
(i) For projects located within the (R-2) Two-Family Residential, (R-3) Multi-Family Residential Distract, (B-1) Professional Business District, (B-2) Local Business District, (SCC) Small Convenience Center District, (LCC) Large Convenience Center District, (CBD) Central Business Distract, and (CBDS) Central Business District Support District: Up to twenty dwelling units.
(ii) For projects located within all other use districts: Up to four dwelling units.
(b) Outside the Yakima Urban Area.
(i) For projects located within the (R-2) Two-Family Residential, (R-3) Multiple-Family Residential, (B-1) Modified or Professional Business, (R) Residential or (RS) Rural Settlement Use Districts: Up to twenty dwelling units.
(ii) For projects located within all other use districts: Up to four dwelling units.
(2) For agricultural structures in WAC 197-11-800(1)(b)(ii):
(a) Within the Yakima Urban Area as defined in Title 15A.
(i) For projects located within the (R-1) Single-Family Residential District, (R-2) Two-Family Residential District, (R-3) Multi-Family Residential District, (B-1) Professional Business District, (B-2) Local Business District, (HB) Historical Business District, (SCC) Small Convenience Center District, (LCC) Large Convenience Center District, (CBD) Central Business District, and (CBDS) Central Business District Support District: Up to 10,000 square feet.
(ii) For projects located in the (SR) Suburban Residential District, (M-1) Light Industrial District, and (M-2) Heavy Industrial District: Up to 30,000 square feet.
(b) Outside the Yakima Urban Area.
(i) For projects located within the (R-1) One-Family Residential, (R-3) Multi-Family Residential, or (R) Residential use districts: Up to 10,000 square feet.
(ii) For projects located in all other use districts: Up to 30,000 square feet.
(3) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii):
(a) Within the Yakima Urban Area as defined in Title 15A.
(i) For projects located within the (SR) Suburban Residential District, (R-1) Single-Family Residential District, (R-2) Two-Family Residential District, (R-3) Multi-Family Residential District, and (HB) Historical Business District: Up to 4,000 square feet with associated parking facilities designed for up to twenty automobiles.
(ii) For projects located within the (B-1) Professional Business District: Up to 8,000 square feet with associated parking facilities for up to forty automobiles.
(iii) For projects located in all other use districts: Up to 12,000 square feet with associated parking facilities for up to forty automobiles.
(b) Outside the Yakima Urban Area.
(i) For projects located within the (R-1) One-Family Residential, (R-2) Two-Family Residential, (R-3) Multiple-Family Residential, or (R) Residential Use Districts: Up to 4,000 square feet with associated parking facilities designed for up to twenty automobiles.
(ii) For projects located within the (B-1) Modified or Professional Business Use District: Up to 8,000 square feet with associated parking facilities for up to forty automobiles.
(iii) For projects located within all other use districts: Up to 12,000 square feet with associated parking facilities for up to forty automobiles.
(4) For parking lots in WAC 197-11-800(1)(b)(iv):
(a) With in the Yakima Urban Area as defined in Title 15A.
(i) For projects located within the (SR) Suburban Residential District, (R-1) Single-Family Residential District, (R-2) Two-Family Residential District, and the (HB) Historical Business District: Facilities designed for up to twenty automobiles.
(ii) For projects located in all other use districts: Facilities designed for up to forty automobiles.
(5) For landfills and excavations in WAC 197-11-800(1)(b)(11): Up to 500 cubic yards in all use districts both within and outside the Yakima Urban Area.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Mod. 1 § 1, 1986; Ord. 6-1984 Part 3 § 2, 1984).
16.04.110 Use of Exemptions.
(1) Each department within the county that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. An action that is exempt may not be conditioned or denied under this chapter. 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 department 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 non-exempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.
(3) If a proposal includes both exempt and non exempt actions, the county may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
(a) The county shall not give authorization under this subsection for:
(i) Any nonexempt action;
(ii) Any action that would have an adverse environmental impact;
(iii) Any action that would limit the choice of alternative.
(b) A department may withhold 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; and
(c) A department 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 nonexempt action(s) were not approved.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 5, 1996: Ord. 6-1984 Part 3 § 3, 1984).
16.04.120 Environmental Checklist.
(1) Except as provided in subsection (5) below, a completed environmental checklist substantially in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempt in this chapter; 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 county shall use the environmental checklist to determine the lead agency and, if the county is the lead agency, for determining the responsible official and for making the threshold determination.
(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 the county has technical information on a question or questions that is unavailable to the private applicant, or the applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
(4) For all proposals for which the county is the lead agency, the responsible official of the county shall make the threshold determination pursuant to the criteria and procedures of WAC 197-11-310 through 340, subject to the appeal procedures of Section 16.04.240 of this chapter.
(5) For projects submitted as planned actions under WAC 197-11-164, the county shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with, or as part of, a planned action ordinance or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the department of ecology to allow at least a thirty-day review prior to use.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 3 § 4, 1984).
16.04.130 Mitigated DNS.
(1) As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal made by the applicant, or on changes to, or clarification of, the proposal made by the applicant.
(2) An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request shall:
(a) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the county is lead agency; and
(b) Precede the county’s actual threshold determination for the proposal.
(3) The responsible official should respond to the request for early notice within twenty-eight days. The response shall:
(a) Be written;
(b) State whether the county currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the county to consider a DS; and
(c) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
(4) As much as possible, the county should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
(5) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the county shall base its threshold determination on the changed or clarified proposal and should make the determination within twenty-eight days of receiving the changed or clarified proposal:
(a) If the county indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the county shall issue and circulate a DNS under WAC 197-11-340(2).
(b) If the county indicated area of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the county shall make the threshold determination, issuing a DNS or DS as appropriate.
(c) The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, where as proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.
(d) Mitigation measures which justify issuance of a mitigated DNS by reference to agency staff reports, studies or other documents.
(6) A Mitigated DNS is issued under either WAC 197-11-340(2), requiring a fourteen day comment period and public notice or WAC 197-11-355 which may require no additional comment period beyond the comment period on the notice of application.
(7) 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.
(8) If the county’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the county should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
(9) The county’s written response under subsection (2) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the county to consider the clarifications or changes in its threshold determination.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 3 § 5, 1984).
Article III – Environmental Impact Statement (EIS)
16.04.140 Adoption by Reference.
This article contains the rules for preparing environmental impact statements. The county adopts the following sections by reference, as supplemented by this part:
WAC
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.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 4 § 1, 1984).
16.04.150 Preparation of EIS – Additional Considerations.
(1) Preparation of draft and final EIS (DEIS and FEIS) and draft and final supplemental EIS (SEIS) is the responsibility of the Yakima County planning department under the direction of the responsible official. Before the county issues an EIS, the responsible official shall be satisfied that it complies with this chapter and WAC Chapter 197-11.
(2) The responsible official shall determine whether the DEIS and FEIS and draft and final SEIS shall be prepared by county staff, the applicant, or by consultant. 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 immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the county’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
(3) The county may require an applicant to provide information the county does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the county may request under another ordinance or statute.)
(4) In the event that an EIS is to be prepared by a private applicant or a consultant retained by the private applicant, the responsible official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 4 § 2, 1984).
16.04.160 Additional Elements to be Covered by an EIS.
The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter. When the decision is made to require an EIS, the responsible official will at that time, determine which, if any, of the following additional elements are to be included in the draft and final statement:
(1) Economy;
(2) Social policy analysis;
(3) Cost-benefit analysis.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 4 § 3, 1984).
Article IV – Commenting
16.04.170 Adoption by Reference.
This article contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The county adopts the following sections by reference, as supplemented in this part:
WAC
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.
197-11-510 Public notice.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 5 § 1, 1984).
16.04.180 Public Notice.
(1) Whenever possible, the county shall integrate the public notices required under this section with existing notification procedures for the county’s non-exempt permit(s) or approval(s) required of the proposal.
(2) Whenever the 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) If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).
(b) If no public notice is otherwise required for the permit or approval, the county shall give notice of the DNS or DS by:
(i) Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and
(ii) Notifying the news media;
(c) Whenever the county issues a DS under WAC 197-11-360(3), the county shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
(3) If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(b).
(4) Whenever the county issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
(a) Indicating the availability of the DEIS in any public notice required for a nonexempt license.
(b) Publishing notice in a newspaper of general circulation the county, city, or general area where the proposal is located; and.
(c) Notifying the news media.
(5) Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3).
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 5 § 2, 1984).
16.04.190 Designation of Official to Perform Consulted Agency Responsibilities for the County.
(1) The responsible official shall be responsible for preparation of written comments for the county in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
(2) The responsible official shall be responsible for the county’s compliance with WAC 19711-550 whenever the county is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include date from all appropriate departments of the county.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 5 § 3, 1984).
Article V – Using Existing Environmental Documents
16.04.200 Adoption by Reference.
This article contains rules for using, supplementing and retaining existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the county’s own environmental compliance.
WAC
197-11-164 Planned actions – definitions and criteria.
197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption.
197-11-172 Planned actions – project review.
197-11-600 When to use existing environmental documents.
197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental impact statement – procedures.
197-11-630 Adoption – Procedures.
197-11-635 Incorporation by reference – Procedures.
197-11-640 Combining documents.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 6 § 1, 1984).
16.04.210 SEPA Public Information.
(1) Information and documents relating to SEPA activities for Yakima County shall be retained at the following location:
Yakima County Planning Department
Room 417, County Courthouse
Yakima, WA 98901
Telephone: (509) 574-2230
(2) The county shall retain all documents required by the SEPA rules (WAC Chapter 197-11) and make them available in accordance with RCW Chapter 42.17
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 6 § 2, 1984).
Article VI – SEPA and Agency Decisions
16.04.220 Adoption by Reference.
This article contains rules (and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts. The county adopts the following sections of WAC Chapter 197-11 by reference:
WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 7 § 1, 1984).
16.04.230 Substantive Authority.
(1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of Yakima County.
(2) The county may attach conditions to a permit or approval 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 this chapter; 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 to mitigate the identified impacts; and
(e) Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.
(3) The county may deny a permit or proposed project on the basis of SEPA so long as:
(a) A finding is made that approving the proposal would result in probable significant adverse environment impacts that are identified in a FEIS or final SEIS 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 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 policies as the basis for the county’s exercise of authority pursuant to 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 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) The 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 the policies in the following county codes, ordinances, resolutions, and plans as they now exist or are hereafter amended or supplemented:
(i) Yakima County Comprehensive Plan 2015.
(ii) Yakima County Critical Areas Ordinance:
(A) Critical Area Regulations,
(B) Yakima County Shoreline Regulations,
(C) FEMA floodprone area regulations.
(iii) Yakima County Shoreline Master Program.
(iv) Yakima County Rural and Urban Solid Waste Management Plan.
(v) Yakima County Six Year Comprehensive Road Program.
(vi) Yakima County One Year Road Construction Program, priority array.
(vii) Yakima County-wide Planning policies.
(viii) Yakima County Zoning Ordinance.
(ix) Yakima County Subdivision Ordinance.
(x) [Reserved]
(xi) Uniform Building Code.
(xii) Uniform Plumbing Code.
(xiii) Uniform Mechanical Code.
(xiv) Uniform Fire Code;
(xv) Yakima Urban Area Zoning Ordinance.
(xvi) Yakima Urban Area Comprehensive Plan (1997).
(xvii) Yakima County Rural Water & Sewer General Plan (1987).
(xviii) Yakima County Title 16B, Project Permit Administration.
(xix) Yakima County Park and Open Space Plan (1996).
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984, Mod 1 § 2, 1986: Ord. 6-1984 Part 7 § 2, 1984).
16.04.240 SEPA Appeals.
Administrative SEPA appeals shall be heard by the Hearing Examiner at an open record public hearing as specified by 16B.06.070, Project Permit Administration – Appeals of SEPA Determinations.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 5-1996 § 6, 1996: Ord. 1-1990 § 13, 1990: Ord. 6-1984 Part 7 § 3, 1984).
16.04.250 Notice/Statute of Limitations.
(1) The county, applicant for, or proponent if an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the county auditor, applicant or proponent pursuant to RCW 43.21C.080.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 7 § 4, 1984).
Article VII – Categorical Exemptions
16.04.260 Adoption by Reference.
The county adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (flexible thresholds), and WAC 173-806-080 (use of exemptions):
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 9 § 1, 1984)
Article VII – Agency Compliance
16.04.270 Purpose of this Part and Adoption by Reference.
This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The county adopts the following sections by reference:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to on going actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county, 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.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 10 § 1, 1984).
16.04.280 Fees.
The county shall require fees for activities in accordance with this chapter as set forth in Title 20, as may be amended or adjusted hereafter.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 1-1990 § 14, 1990: Ord. 6-1984 Part 10 § 2, 1984).
16.04.290 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 10 § 5, 1984).
Article IX – Forms
16.04.300 Adoption by Reference.
The county adopts the following forms and sections by reference:
WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of Nonsignificance (DNS),.
197-11-980 Determination of significance and scoping notice (DS).
197-11-985 Notice of assumption of lead agency status.
197-11-990 Notice of action.
(Ord. 13-1998 § 1 Exh. 1 (part), 1998: Ord. 6-1984 Part 11 § 1, 1984).