Chapter 18.04
ENVIRONMENTAL IMPACT STATEMENTS (EIS)
Sections:
18.04.010 Purpose – Adoption by reference.
18.04.030 Preparation of EIS – Additional considerations.
18.04.040 Availability of EIS.
18.04.010 Purpose – Adoption by reference.
This chapter contains the rules for preparing environmental impact statements. The Town adopts the following sections by reference, as supplemented by this chapter:
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 (optional).
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.
[UDC Ord. dated 7/21/1998].
18.04.020 Scope.
A. An environmental impact statement (EIS) is required to analyze only those probable adverse environmental impacts that are significant (RCW 43.21C.031). The responsible official shall narrow the scope of every EIS to the probable significant adverse impacts and reasonable alternatives including mitigation measures.
B. Scoping is required for the preparation of all new draft EISs but is optional for the preparation of a supplemental EIS or when adopting another environmental document for the EIS.
C. As a minimum, the Town shall invite agency and public comment on the scope of the EIS by circulating the DS/scoping notice in accordance with subsection (B) of this section. The scoping notice may stipulate that written comments are required, in which case agencies and the public shall be allowed twenty-one (21) days from the date of issuance of the DS in which to respond. [UDC Ord. dated 7/21/1998].
18.04.030 Preparation of EIS – Additional considerations.
A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) shall be under the direction of the responsible official. Before the Town issues an EIS, the responsible official shall be satisfied that it complies with this title and Chapter 197-11 WAC.
B. The DEIS and FEIS or draft and final SEIS may be prepared by Town staff, the applicant, or by a consultant selected by the Town or the applicant. For private proposals, the applicant will normally be required to retain a consultant to prepare a preliminary environmental document that Town staff may then refine into a draft EIS. If the responsible official requires an EIS for proposal and determines that someone other than the Town 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 Town’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
C. The Town may require an applicant to provide information the Town does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this title or that is being requested from another agency. (This does not apply to information the Town may request under another ordinance or statute.) [UDC Ord. dated 7/21/1998].
18.04.040 Availability of EIS.
A. A draft EIS shall be distributed in accordance with WAC 197-11-455(1), and public notice that a DEIS is available shall be given under Chapter 197-11 WAC. Any person or agency may submit written comments on the DEIS within thirty (30) days of the date of issue, or within any extension to that comment period.
B. A final EIS should normally be issued within sixty (60) days of the end of the DEIS comment period. The FEIS shall be sent to the Department of Ecology to all agencies with jurisdiction, and to all agencies submitting written comments on the DEIS. The responsible official shall also send a notice of FEIS availability and cost to those who received but did not comment on the DEIS, and to other parties of record. The Town shall not act on a proposal for which an EIS has been required prior to seven (7) days after issuance of the FEIS. [UDC Ord. dated 7/21/1998].