Chapter 18D.20
EXEMPTIONS

Sections:

18D.20.010    Categorical Exemptions.

18D.20.020    Use of Exemptions.

18D.20.030    Emergency Action Exemption.

18D.20.010 Categorical Exemptions.

Pierce County adopts by reference WAC 197-11-300 through WAC 197-11-800. In addition thereto, Pierce County establishes the following exempt levels for minor new construction by utilizing the maximum flexible thresholds as established in WAC 197 11 800(1)(c):

A.    For residential dwelling units as described in WAC 197 11 800(1)(b)(i): 20 dwelling units or less;

B.    For agricultural structures as described in WAC 197-11-800(1)(b)(ii): 30,000 square feet of ground coverage or less;

C.    For office, school, commercial, recreational, service or storage buildings as described in WAC 197-11-800(l)(b)(iii): total floor area of 12,000 square feet or less and 40 or fewer automobile parking spaces;

D.    For parking lots as described in WAC 197-11-800(1)(b)(iv): 40 or fewer automobile parking spaces;

E.    For landfills and excavations as described in WAC 197 11 800(1)(b)(v): 500 cubic yards or less.

(Ord. 2011-99 § 1, 2012; Ord. 96-19S § 3 (part), 1996)

18D.20.020 Use of Exemptions.

A.    When receiving an application for a license, or when making a Pierce County proposal, the Responsible Official shall determine whether the license and/or the proposal is exempt. The Responsible Official’s determination that a proposal is exempt shall be final and not subject to administrative appeal as set forth in Chapter 1.22 PCC. 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.

B.    In assessing whether or not a proposal is exempt, the Responsible Official shall determine that 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 official shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

C.    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:

1.    The County shall not give authorization for:

a.    Any nonexempt action;

b.    Any action that would have an adverse environmental impact; or

c.    Any action that would limit the choice of alternatives;

2.    Pierce County, upon the recommendation of the Responsible Official, may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

3.    Pierce County 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. 96-19S § 3 (part), 1996)

18D.20.030 Emergency Action Exemption.

A.    The following actions which must be undertaken immediately or for which there is insufficient time for full compliance with this Chapter, are exempt from the procedural requirements of this Chapter:

1.    Actions necessary to prevent an imminent threat to public health or safety;

2.    Actions necessary to prevent an imminent danger to public or private property; or

3.    Actions necessary to prevent an imminent threat of serious environmental degradation.

B.    The Responsible Official shall determine on a case-by-case basis emergency action which satisfies the general requirements of this Section.

(Ord. 96-19S § 3 (part), 1996)