40.570.100    Agency Compliance

A.    Purpose of This Section and Adoption by Reference.

    This section 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 of the SEPA Rules by reference, as supplemented by this section:


197-11-900    Purpose of this part

197-11-902    Agency SEPA policies

197-11-904    Agency SEPA procedures

197-11-906    Content and consistency of agency procedures

197-11-914    SEPA fees and costs

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

B.    Fees.

    The county shall require the following fees for its activities in accordance with the provisions of this title:

1.    Threshold Determinations. For every environmental checklist the county will review when it is lead agency, the county shall collect fees as set forth in Chapter 6.110A.

2.    Environmental Impact Statement.

a.    When the county is the lead agency for a proposal requiring an EIS, the county may charge and collect a reasonable fee from any applicant to cover costs incurred by the county in preparing the EIS including costs associated with the review and revision of a proposed EIS that initially is provided by the applicant. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall provide a deposit, post bond, or otherwise ensure payment of such costs.

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 some persons or entity other than the county, and may bill such costs and expenses directly to the applicant. The county may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the county and the applicant.

c.    If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under Sections 40.570.110(B)(2)(a) or (B)(2)(b) which remain after incurred costs are paid.

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

4.    The county shall not collect a fee for performing its duties as a consulted agency.

5.    The county may charge any person for copies of any document prepared under this title, and for mailing the document, in a manner provided by Chapter 42.17 RCW.

6.    The responsible official shall promulgate procedures to implement this section.

7.    Additional environmental review fees may be assessed if the proposed development has changed substantially from that which was earlier reviewed.