STATE ENVIRONMENTAL POLICY ACT

Chapter 17.110
STATE ENVIRONMENTAL POLICY ACT

Sections:

Article I. Title

17.110.010    Title.

Article II. Authority

17.110.020    Authority.

Article III. General Requirements

17.110.030    Basic requirements.

17.110.050    Designation of responsible official.

17.110.060    Lead agency determination and responsibilities.

17.110.070    Additional timing considerations.

Article IV. Categorical Exemptions and Threshold Determinations

17.110.080    Determinations.

17.110.090    Flexible thresholds for categorical exemptions.

17.110.100    Use of exemptions.

17.110.110    Environmental checklist

17.110.120    Mitigated DNS.

17.110.130    Appeals of threshold determinations.

Article V. Environmental Impact Statement (EIS)

17.110.140    Environmental impact.

17.110.150    Preparation of EIS.

Article VI. Commenting

17.110.160    Commenting.

17.110.170    Public notice.

17.110.180    Designation of official to perform consulted agency responsibilities.

Article VII. Using Existing Environmental Documents

17.110.190    Using existing environmental documents.

Article VIII. SEPA and Agency Decisions

17.110.200    Rules and policies.

17.110.210    Substantive authority.

17.110.220    Notice - Statute of limitations.

Article IX. Definitions

17.110.230    Definitions.

Article X. Categorical Exemptions

17.110.240    Categorical exemptions.

Article XI. Agency Compliance

17.110.250    Agency compliance.

17.110.260    Fees.

Article XII. Forms

17.110.270    Forms.

Article I. Title

17.110.010 Title.

This chapter shall be cited as the Lewis County environmental policy chapter. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §1, 1984]

Article II. Authority

17.110.020 Authority.

The county of Lewis adopts 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, Chapter 197-11 WAC, must be used in conjunction with this chapter. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §2, 1984]

Article III. General Requirements

17.110.030 Basic requirements.

This section contains the basic requirements that apply to the SEPA process. The county adopts the following sections as now or hereafter amended of Chapter 197-11 WAC by reference, as supplemented or modified in this section:

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.

197-11-230    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.

197-11-250    SEPA/Model Toxics Control Act (MTCA) integration.

197-11-253    SEPA lead agency for MTCA actions.

197-11-256    Preliminary evaluation.

197-11-259    Determination on 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. 1170C §1, 2001; Ord 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §3 Preamble, 1984]

17.110.050 Designation of responsible official.

(1) For those proposals for which the county is the lead agency, the responsible official shall be the environmental review officer.

(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) The county 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. 1170B, 2000; Ord. 1157, 1998; Ord. 1080-A §2, 1992; Ord. 1080 §3(B), 1984]

17.110.060 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 the proposal under WAC 197-11-050 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 the proposal, the department receiving the application shall forward the application package and environmental checklist for the proposal to the environmental review officer who shall supervise compliance with threshold determination requirements and, if an EIS is necessary, shall supervise the 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 197-11-922 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 county 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 county may be initiated by any county department.

(5) Departments of the county 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; 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. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080-A §3, 1992; Ord. 1080 §3(C), 1984]

17.110.070 Additional timing considerations.

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) For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the county’s staff recommendation to any appropriate advisory body such as the planning commission or Hearing Examiner.

(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. [Ord. 1170C §2, 2001;Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080-A §§4, 5, 1992; Ord. 1080 §3(D), 1984]

Article IV. Categorical Exemptions and Threshold Determinations

17.110.080 Determinations.

This section contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) be prepared. This section also contains rules for evaluating the impacts of proposals not requiring an EIS. The county adopts the following sections as now or hereafter amended by reference, as supplemented or modified in this section:

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. 1170C §3, 2001; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §4 Preamble, 1984]

17.110.090 Flexible thresholds for categorical exemptions.

(1) Lewis County establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:

(a) For residential dwelling units in WAC 197-11-800(1)(b)(i): Up to five dwelling units;

(b) For agricultural structures in WAC 197-11-800(1)(b)(ii): Up to 30,000 square feet;

(c) For office, school, commercial, recreational, service, or storage buildings in WAC 197-11-800(1)(b)(iii): Up to 4,000 square feet and up to 20 parking spaces;

(d) For parking lots in WAC 197-11-800(1)(b)(iv): Up to 20 parking spaces;

(e) For landfills and excavations in WAC 197-11-800(1)(b)(v): Up to 500 cubic yards.

(2) Whenever the county establishes new exempt levels under this section, it shall send them to the:

Department of Ecology

Headquarters Office

Olympia, Washington 98504

under WAC 197-11-800(1)(c). [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §4(A), 1984]

17.110.100 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 shall determine whether the license and/or 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. 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 nonexempt 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 nonexempt 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 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 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 actions(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. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §4(B), 1984]

17.110.110 Environmental checklist.

(1) A completed environmental checklist (or a copy) 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 exempted 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 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. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §4(C), 1984]

17.110.120 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 by the responsible official or on changes to, or clarifications 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 must:

(a) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

(b) Precede the county’s actual threshold determination of the proposal.

(3) The responsible official should respond to the request for early notice within 10 working 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 DNS; 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 15 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 areas 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, whereas 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 may be incorporated in the 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 14-day comment period and public notice, or WAC 197-11-355(5), 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. 1170C §4, 2001; Ord.1170B, 2000; Ord. 1157, 1998; Ord. 1080 §4(D), 1984]

17.110.130 Appeals of threshold determinations.

(1) Those aggrieved by the requirements, decisions, or determinations made by the responsible official in the completion of the threshold determination process may appeal such decisions to the Hearing Examiner pursuant to Chapter 2.25 LCC.

(2) For proposals which do not involve another agency with jurisdiction, an appeal of a threshold determination must be received by the Hearings Examiner within fourteen (14) calendar days (and not later than four-thirty p.m. on the last day for such filing) of the date of issuance of the threshold determination or, if there is a comment period under WAC 197-11-340, within seven (7) calendar days of the last day of the comment period. If the last day of the appeal period is a holiday or a weekend, the appeal must be filed by four-thirty p.m. on the first weekday following such holiday or weekend.

(3) Public hearings on appeals of a determination of significance, mitigated determination of non-significance, or determination of non-significance shall occur prior to any decision by the Hearings Examiner. If the underlying proposal is reviewed by the Hearings Examiner, the SEPA appeal may be heard in concurrence with the public hearing on the underlying appeal, in accordance with Ch. 36.70B RCW.

(4) Appeals shall be made in writing and filed in duplicate with the department of community development with the appropriate filing fee.*

(5) Those aggrieved by the decision of Hearing Examiner on any appeal may appeal such decision to the superior court of Lewis County pursuant to Chapter 36.70C. [Ord. 1170C §5, 2001; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080-A §6, 1992; Ord. 1080 §4(E), 1984]

Article V. Environmental Impact Statement (EIS)

17.110.140 Environmental impact.

This section contains the rules for preparing environmental impact statements. The county adopts the following sections as now or hereafter amended by reference, as supplemented or modified by this section:

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. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §5 Preamble, 1984]

17.110.150 Preparation of EIS.

(1) Preparation of draft and final EIS’s (DEIS and FEIS) and draft and final supplemental EIS’s (SEIS) is the responsibility of the county. 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 DEIS and FEIS or draft and final SEIS shall be prepared by county staff, the applicant, or by a consultant selected by the county or the applicant. 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 procedures 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.) [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §5(A), 1984]

Article VI. Commenting

17.110.160 Commenting.

This section 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 as now or hereafter amended by reference, as supplemented or modified in this section:

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.

197-11-535    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. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §6 Preamble, 1984]

17.110.170 Public notice.

(1) Whenever possible, the county shall integrate the public notice required under this section with existing notice procedures for Lewis County’s nonexempt permit(s) or approval(s) required for the proposal.

(2) Whenever Lewis 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 a SEPA document is issued concurrently with the notice of application, the public notice requirements for the notice of application will suffice to meet the SEPA public notice requirements.

(b) If no public notice is otherwise required for the permit or approval, the county shall give notice of the DNS or DS by at least one of the following:

(i) Posting the property for site-specific proposals;

(ii) Publishing a notice in a newspaper of general circulation in the county;

(iii) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; and/or

(iv) 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 the notice of application as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements.

(4) Whenever the county issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of availability of those documents shall be given by:

(a) Indicating the availability of the DEIS in any public notice required for a nonexempt license; and in addition by at least one of the following.

(b) Posting the property for site-specific proposals;

(c) Publishing a notice in a newspaper of general circulation in the county;

(d) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; and/or

(e) Notifying the news media.

(5) The county may require a applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. [Ord. 1170C §6, 2001; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §6(A), 1984]

17.110.180 Designation of official to perform consulted agency responsibilities.

(1) The department with jurisdiction 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) This department shall be responsible for the county’s compliance with WAC 197-11-550 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 data from all appropriate departments of the county. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §6(B), 1984]

Article VII. Using Existing Environmental Documents

17.110.190 Using existing environmental documents.

This section contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the county’s own environmental compliance. The county adopts the following sections as now or hereafter amended by reference, as supplemented or modified in this section:

WAC

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.

[Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §7, 1984]

Article VIII. SEPA and Agency Decisions

17.110.200 Rules and policies.

This section 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. The county adopts the following sections as now or hereafter amended by reference, as supplemented or modified in this section:

WAC

197-11-650    Purpose of this part.

197-11-655    Implementation.

197-11-660    Substantive authority and mitigation.

197-11-680    Appeals.

[Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §8 Preamble, 1984]

17.110.210 Substantive authority.

(1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of Lewis County.

(2) The county may attach conditions to a permit or approval for a proposal as 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 approval for a proposal on the basis of SEPA as long as:

(a) A finding is made that approving the proposal would result in probable significant adverse environmental 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 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.

(5) Except for permits and variances issued pursuant to Chapter 17.20 LCC, when any proposal or action not requiring a decision of the Hearing Examiner is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the Hearing Examiner. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 10 days of the decision being appealed. Review by the Hearing Examiner shall be on a de novo basis. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §8(A), 1984]

17.110.220 Notice - Statute of limitations.

(1) The county, applicant for, or proponent of 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 city clerk or county auditor, applicant or proponent pursuant to RCW 43.21C.080. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §8(B), 1984]

Article IX. Definitions

17.110.230 Definitions.

This section contains uniform usage and definitions of terms under SEPA. The county adopts the following sections as now or hereafter amended by reference, as supplemented or modified by WAC 173-806-040:

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 tribe.

197-11-712    Affecting.

197-11-714    Agency.

197-11-716    Applicant.

197-11-718    Built environment.

197-11-720    Categorical exemption.

197-11-721    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    Mitigation.

197-11-770    Natural environment.

197-11-772    NEPA.

197-11-774    Nonproject.

197-11-775    Open record appeal.

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. 1170C §7, 2001; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §9, 1984]

Article X. Categorical Exemptions

17.110.240 Categorical exemptions.

The county adopts by reference the following rules as now or hereafter amended for categorical exemptions, as supplemented or modified in this chapter, including WAC 173-806-070 (Flexible Thresholds), WAC 173-806-080 (Use of Exemptions), and WAC 173-806-190 (Critical Areas):

WAC

197-11-800    Categorical exemptions.

197-11-880    Emergencies.

197-11-890    Petitioning DOE to change exemptions.

[Ord. 1170C §8, 2001; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §10, 1984]

Article XI. Agency Compliance

17.110.250 Agency compliance.

This section contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The county adopts the following sections as now or hereafter amended by reference, as supplemented or modified by WAC 173-806-050 through 173-806-053 and this section:

WAC

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 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.

[Ord. 1170C §9, 2001; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §11 Preamble, 1984]

17.110.260 Fees.

(1) 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 any applicant 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 otherwise ensure payment of such costs.

(2) 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 after a call for proposals.

(3) 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.

(4) 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. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §11(A), 1984]

Article XII. Forms

17.110.270 Forms.

The county adopts the following forms and sections as now or hereafter amended by reference, as supplemented or modified by this section:

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. 1170B, 2000; Ord. 1157, 1998; Ord. 1080 §12, 1984]