Division 5. Environmental and Cultural Resource Management

Chapter 17.80
SEPA GUIDELINES

Sections:

17.80.010    State provisions adopted by reference.

17.80.020    Additional definitions.

17.80.030    Lead agency determination and responsibilities.

17.80.040    SEPA checklist, exemptions and threshold determination.

17.80.050    Mitigated DNS.

17.80.060    Preparation of EIS – Additional considerations.

17.80.070    Designation of official to perform consulted agency responsibilities for the city.

17.80.080    Substantive authority.

17.80.090    Nonjudicial appeals of SEPA determinations.

17.80.100    Judicial appeals under SEPA.

17.80.110    Responsibility of agencies – SEPA public information.

17.80.120    Fees.

17.80.130    Severability.

17.80.140    SEPA rules, WAC 197-11-800(1), amended.

17.80.010 State provisions adopted by reference.

(WAC 173-806-020)

The city adopts the following sections or subsections of Chapter 197-11 WAC by reference, as well as RCW 43.21C.410, Battery charging and exchange station installation.

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.

197-11-300    Purpose of this part.

197-11-305    Categorical exemptions.

197-11-310    Threshold determination process.

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.

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

197-11-390    Effect of threshold determination.

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.

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.

197-11-600    When to use existing environmental documents.

197-11-610    Use of NEPA documents.

197-11-620    Supplemental environmental impact statements – Procedures.

197-11-625    Addenda – Procedures.

197-11-630    Adoption – Procedures.

197-11-635    Incorporation by reference – Procedures.

197-11-640    Combining documents.

197-11-650    Purpose of this part.

197-11-655    Implementation.

197-11-660    Substantive authority and mitigation.

197-11-680    Appeals.

197-11-700    Definitions.

197-11-702    Act.

197-11-704    Actions.

197-11-706    Addendum.

197-11-708    Adoption.

197-11-710    Affected tribe.

197-11-712    Affecting.

197-11-714    Agency.

197-11-716    Applicant.

197-11-718    Built environment.

197-11-720    Categorical exemption.

197-11-722    Consolidated appeal.

197-11-724    Consulted agency.

197-11-726    Cost-benefit analysis.

197-11-728    County/city.

197-11-730    Decisionmaker.

197-11-732    Department.

197-11-734    Determination of nonsignificance (DNS).

197-11-736    Determination of significance (DS).

197-11-738    EIS.

197-11-740    Environment.

197-11-742    Environmental checklist.

197-11-744    Environmental document.

197-11-746    Environmental review.

197-11-748    Environmentally sensitive area.

197-11-750    Expanded scoping.

197-11-752    Impacts.

197-11-754    Incorporation by reference.

197-11-756    Lands covered by water.

197-11-760    License.

197-11-762    Local agency.

197-11-764    Major action.

197-11-766    Mitigated DNS.

197-11-768    Mitigation.

197-11-770    Natural environment.

197-11-772    NEPA.

197-11-774    Nonproject.

197-11-776    Phased review.

197-11-778    Preparation.

197-11-780    Private project.

197-11-782    Probable.

197-11-784    Proposal.

197-11-786    Reasonable alternative.

197-11-788    Responsible official.

197-11-790    SEPA.

197-11-792    Scope.

197-11-793    Scoping.

197-11-794    Significant.

197-11-796    State agency.

197-11-797    Threshold determination.

197-11-799    Underlying government action.

197-11-800    Categorical exemptions.

197-11-880    Emergencies.

197-11-890    Petitioning DOE to change exemptions.

197-11-900    Purpose of this part.

197-11-916    Application to ongoing actions.

197-11-920    Agencies with environmental expertise.

197-11-922    Lead agency rules.

197-11-924    Determining the lead agency.

197-11-926    Lead agency for governmental proposals.

197-11-928    Lead agency for public and private proposals.

197-11-930    Lead agency for private projects with one agency with jurisdiction.

197-11-932    Lead agency for private projects requiring licenses from more than one agency when one of the agencies is a county/city.

197-11-934    Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936    Lead agency for private projects requiring licenses from more than one state agency.

197-11-938    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.

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. 2840 § 2 (Exh. A), 2013; Ord. 2793 § 2 (Exh. A(3)), 2011; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.020 Additional definitions.

(WAC 713-806-030)

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:

A. “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order.

B. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

C. “Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements.

D. “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated DNS procedures). (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003)

17.80.030 Lead agency determination and responsibilities.

(WAC 173-806-070)

A. The lead agency for all nonexempt actions by the city and any department within the city, whether receiving an application for or initiating a proposal that involves a nonexempt action, shall be the city of Blaine community development services department.

B. The SEPA responsible official shall be the director of community development or designee, who shall supervise compliance with the threshold determination requirements, and, if an EIS is necessary, shall supervise preparation of the EIS.

C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions of the proposal. The city shall neither prepare nor require the 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 city may conduct supplemental environmental review under WAC 197-11-600.

D. If the city 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 to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city must be initiated by the responsible official.

E. The responsible official acting on behalf of the lead agency and the city of Blaine are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944.

F. For private projects, the responsible official shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal (that is, which agencies require nonexempt licenses). (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2728 § 2 (Exh. A), 2009; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.060)

17.80.040 SEPA checklist, exemptions and threshold determination.

A. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for making the threshold determination. A SEPA checklist is not required if one of the following applies:

1. The lead agency SEPA official determines the applicant’s proposal exempt; or

2. SEPA compliance has already been completed; or

3. SEPA compliance has been initiated by another agency; or

4. The city and applicant agree that the applicant’s proposal will result in a threshold determination of significance requiring the preparation of an EIS.

B. For private proposals requiring a checklist, the applicant is responsible for completing the environmental checklist. For city proposals, the department initiating the proposal shall complete the environmental checklist.

C. If a proposal is exempt, a SEPA checklist is not required.

1. 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. If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

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

a. The city shall not give authorization for any nonexempt action, any action that would have an adverse environmental impact, or any action that would limit the choice of alternatives.

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.

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.

D. The city shall complete a threshold determination that is based upon review of the environmental checklist and any public comments. The threshold determination shall be conducted upon expiration of the public comment period on the notice of application. Public notification of the determination and a public comment period of 14 days shall follow the completion of the threshold determination unless the optional DNS process as provided in WAC 197-11-355 was used, in which case the provisions of WAC 197-11-355 shall apply.

E. If it is determined that an EIS is required, the public review process will begin when the EIS is complete. (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.070)

17.80.050 Mitigated DNS.

(WAC 173-806-100)

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

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

C. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination within 14 days of receiving the changed or clarified proposal:

1. If the city 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 city shall issue and circulate a determination of nonsignificance under WAC 197-11-340(2).

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

3. 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 storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot storm water retention pond at Y location” are adequate.

4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

D. A mitigated DNS is issued under WAC 197-11-340(2), requiring a 14-day comment period and public notice.

E. 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 city.

F. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS). (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.080)

17.80.060 Preparation of EIS – Additional considerations.

(WAC 173-806-120)

A. Preparation of draft and final EISs and SEISs is the responsibility of the community development services department under the direction of the SEPA responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

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

C. The city may require an applicant to provide information the city 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 city may request under another ordinance or statute.) (Ord. 2840 § 2 (Exh. A), 2013; Ord. 09-2728 § 2 (Exh. A), 2009; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.090)

17.80.070 Designation of official to perform consulted agency responsibilities for the city.

(WAC 173-806-140)

A. The SEPA responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, or reviewing a draft EIS.

B. The SEPA responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city 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 data from all appropriate departments of the city. (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.110)

17.80.080 Substantive authority.

(WAC 173-806-160)

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B. Notwithstanding any other provisions of the Blaine Municipal Code, the city may attach conditions related to environmental review under SEPA to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific probable significant adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection (D) of this section and cited in the license or other decision document.

C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. 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

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

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

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

1. The city 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:

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

b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

d. Preserve important historic, cultural and natural aspects of our national heritage;

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities;

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources;

h. The city 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;

i. The city adopts by reference the policies of the following city documents:

(A) City of Blaine comprehensive plan;

(B) City of Blaine shoreline management program;

(C) City of Blaine land use code, BMC Title 17. (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.130)

17.80.090 Nonjudicial appeals of SEPA determinations.

A. Appeals on SEPA procedural determinations are limited to review of a final threshold determination and final EIS. Appeals on intermediate procedural determinations under SEPA including, but not limited to, lead agency determination, scoping, and draft EIS adequacy are not allowed.

B. Except as provided in subsection (D) of this section, an allowed appeal of a procedural or substantive determination under SEPA shall be consolidated with the hearing or appeal on the underlying action in a single simultaneous hearing before a single city hearing body as determined by the land use decision type.

C. Where a SEPA administrative appeal is consolidated with an open record hearing or appeal on the underlying action and the decision of the city hearing body presiding over the open record hearing will be in the form of a recommendation to the city council for final decision by the city council at a closed record hearing, the hearing body presiding at the open record hearing shall create a record and prepare findings and a separate recommendation for the closed record SEPA administrative appeal to city council in addition to its findings and recommendation on the underlying action.

D. Appeals of the following SEPA procedural or substantive determinations are permitted separately from a hearing or appeal on the underlying city action:

1. An appeal of a determination of significance;

2. An appeal of a procedural determination made by a department when the department is a project proponent, or is funding a project, and chooses to conduct its review under SEPA, including any appeals of its procedural determinations, prior to submitting an application for a project permit. Subsequent appeals of substantive determinations by an agency with jurisdiction over the proposed project shall be allowed under the SEPA appeal procedures of the agency with jurisdiction;

3. An appeal of a procedural determination made by an agency on a nonproject action.

E. Except for permits and variances issued pursuant to Chapter 17.81 BMC, when any proposal or action not requiring a decision of the city council is conditioned or denied on the basis of SEPA, as provided in this section, by a nonelected city official or commission, the decision may be appealed to the city council. If the SEPA determination is for a proposal reviewed as a Type I land use decision, the appeal shall be an open record appeal as provided in Chapter 17.06 BMC. If the SEPA determination is for a proposal reviewed as a Type II-HE or Type II-PC decision, the appeal shall be a closed record appeal. Appeals under this subsection shall be filed in the manner provided in Chapter 17.06 BMC for the type of decision being appealed.

F. An appeal of a procedural or substantive determination under SEPA shall be filed within the time limits specified below:

1. For a procedural or substantive determination under SEPA issued at the same time as the decision on a project action, an appeal of the SEPA decisions must be filed within 14 days after a notice of decision under RCW 36.70B.130 or after other notice that the decision has been made and is appealable; provided, that if a DNS for which a public comment period is required under SEPA is issued at the same time as the decision, the appeal period for the DNS shall be extended an additional seven days beyond the 14-day period allowed for other procedural or substantive determinations.

2. For a threshold determination issued prior to a decision on the project, an administrative appeal must be filed within 14 days after the notice of determination has been issued.

G. Procedural determinations by the responsible official shall be entitled to substantial weight by the city hearing body when such determination is under review.

H. Administrative appeal procedures, if available, must be used before anyone may initiate judicial review of any SEPA issue that could have been reviewed under city review procedures.

I. Filing Requirements. All procedural and substantive SEPA appeals provided under this section shall be initiated by filing a written notice of SEPA administrative appeal with the director, accompanied with the applicable appeal fee, pursuant to the city’s unified fee schedule; provided, that no additional appellate fee shall be charged in conjunction with an available hearing on the underlying permit or approval.

1. The notice of appeal required by this section shall include, at a minimum:

a. The name and address of the party or agency filing the appeal;

b. An identification of the specific proposal and specific SEPA actions, omissions, conditions or determinations for which appeal is sought;

c. A statement of the particular grounds or reasons for the appeal. (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004. Formerly 17.80.140)

17.80.100 Judicial appeals under SEPA.

A. A judicial appeal of a final SEPA procedural or substantive determination shall be filed within the same appeal timeline and in the same manner as required for a judicial appeal of the underlying action.

B. If there is no timeline or procedure established for a judicial appeal of the underlying action, then the appeal shall be filed with the Whatcom County superior court within 10 days of the date the city takes final action; provided, that if a notice of action has been issued, pursuant to RCW 43.21C.080, the time limits for judicial appeal specified in RCW 43.21C.080 shall apply.

C. No SEPA determination shall be deemed a final determination by the city and subject to judicial appeal until all available administrative appeals of the determination allowed by city code have been completed. Failure of a person to timely file an administrative appeal, if such is available, of a SEPA procedural or substantive determination shall preclude further administrative or judicial review of the determination.

D. When not otherwise provided by the procedures governing approval of the underlying action, official notice of the date and place for commencing a judicial appeal of a SEPA procedural or substantive determination shall be provided. Such notice shall:

1. State the time limit for commencing appeal of the underlying governmental action and SEPA issues citing subsection (B) of this section as the authority for the time limit; and

2. Identify where an appeal may be filed.

E. Notice provided under subsection (D) of this section shall be given by delivery of written notice to the applicant, all parties to any administrative appeal, and all persons who have requested notice of decisions with respect to the particular proposal in question. Written notice containing the information required hereunder may be appended to the permit, decision documents, or SEPA compliance documents or may be printed separately.

F. Official notice required in subsection (D) of this section shall not be given prior to final agency action. (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004. Formerly 17.80.150)

17.80.110 Responsibility of agencies – SEPA public information.

(WAC 173-806-190)

The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.160)

17.80.120 Fees.

(WAC 173-806-200)

A. Threshold Determination. For every environmental checklist the city shall review when it is lead agency, the city shall collect a fee as established by resolution 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.

B. Environmental Impact Statement.

1. When the city 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 city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall work at the direction of the city, not the applicant.

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

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

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

E. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.170)

17.80.130 Severability.

(WAC 173-806-220)

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 2840 § 2 (Exh. A), 2013; Ord. 2587 § 2, 2004; Ord. 2554 § 3, 2003. Formerly 17.80.180)

17.80.140 SEPA rules, WAC 197-11-800(1), amended.

The flexible SEPA rules defined under WAC 197-11-800(1)(b), referred to in BMC 17.80.010, are amended as follows:

The following types of construction shall be exempt, except when undertaken wholly or partly on lands covered by water:

A. The construction or location of 10 or fewer detached single family residential units.

B. The construction or location of 20 or fewer multifamily residential units.

C. The construction of an office, school, commercial, recreational, service or storage building with 30,000 square feet or less of gross floor area, and with associated parking facilities designed for sixty or fewer automobiles. This exemption includes stand-alone parking lots.

D. Any independent landfill or excavation project which does not exceed 250 cubic yards of combined material throughout the total lifetime of the project.

(Ord. 2840 § 2 (Exh. A), 2013; Ord. 2728 § 2 (Exh. A), 2009; Ord. 2587 § 2, 2004; Ord. 2551 § 2, 2003. Formerly 17.80.190)