Chapter 18.04
STATE ENVIRONMENTAL
POLICY ACT
Sections:
PART ONE – AUTHORITY
18.04.010 Authority.
PART TWO – GENERAL REQUIREMENTS
18.04.020 Purpose of this part and adoption by reference.
18.04.030 Additional definitions.
18.04.040 Designation of responsible official.
18.04.050 Lead agency – Determination and responsibilities.
18.04.060 Transfer of lead agency status to state agency.
18.04.070 Additional timing considerations.
PART THREE – CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
18.04.080 Purpose of this part and adoption by reference.
18.04.090 Flexible thresholds for categorical exemptions.
18.04.100 Categorical exemptions for infill development.
18.04.110 Use of exemptions.
18.04.115 Environmental checklist.
18.04.120 Mitigated DNS.
PART FOUR – ENVIRONMENTAL IMPACT STATEMENT (EIS)
18.04.125 Purpose of this part and adoption by reference.
18.04.130 Preparation of EIS – Additional considerations.
18.04.140 Additional elements to be covered in EIS.
PART FIVE – COMMENTING
18.04.150 Adoption by reference.
18.04.160 Public notice.
18.04.170 Designation of official to perform consulted agency responsibilities for the county.
PART SIX – USING EXISTING ENVIRONMENTAL DOCUMENTS
18.04.180 Purpose of this part and adoption by reference.
PART SEVEN – SEPA AND AGENCY DECISIONS
18.04.190 Purpose of this part and adoption by reference.
18.04.200 Substantive authority.
18.04.210 Appeals.
18.04.220 Notice of action.
PART EIGHT – DEFINITIONS
18.04.230 Purpose of this part and adoption by reference.
PART NINE – CATEGORICAL EXEMPTIONS
18.04.240 Adoption by reference.
PART TEN – AGENCY COMPLIANCE
18.04.250 Purpose of this part and adoption by reference.
18.04.260 Fees.
18.04.270 Administrative guidelines.
18.04.280 Severability.
PART ELEVEN – FORMS
18.04.290 Adoption by reference.
PART ONE – AUTHORITY
18.04.010 Authority.
A. The county of Kitsap adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904.
B. This chapter contains this county’s SEPA procedures and policies.
C. The SEPA Rules, Chapter 197-11 WAC, must be used in conjunction with this chapter and may be used to supplement this chapter where needed.
(Ord. 416 (2008) § 2, 2008: Ord. 368 (2006) § 5, 2006: Ord. 99-A (1991) § I(A), 1991)
PART TWO – GENERAL REQUIREMENTS
18.04.020 Purpose of this part and adoption by reference.
This part contains the basic requirements that apply to the SEPA process. The county adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference, except as modified by additional definitions under Section 18.04.030.
WAC 197-11-030 Policy.
WAC 197-11-040 Definitions.
WAC 197-11-050 Lead agency.
WAC 197-11-055 Timing of the SEPA process.
WAC 197-11-060 Content of environmental review.
WAC 197-11-070 Limitations on actions during SEPA process.
WAC 197-11-080 Incomplete or unavailable information.
WAC 197-11-090 Supporting documents.
WAC 197-11-100 Information required of applicants.
WAC 197-11-158 GMA project review – Reliance on existing plans, laws, and regulations.
WAC 197-11-164 Planned actions – Definitions and criteria.
WAC 197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption.
WAC 197-11-172 Planned actions – Project review.
WAC 197-11-210 SEPA/GMA integration.
WAC 197-11-220 SEPA/GMA definitions.
WAC 197-11-228 Overall SEPA/GMA integration procedures.
WAC 197-11-230 Timing of an integrated GMA/SEPA process.
WAC 197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.
WAC 197-11-235 Documents.
WAC 197-11-250 SEPA/Model Toxics Control Act integration.
WAC 197-11-253 SEPA lead agency for MTCA actions.
WAC 197-11-256 Preliminary evaluation.
WAC 197-11-259 Determination of nonsignificance for MTCA remedial actions.
WAC 197-11-262 Determination of significance and EIS for MTCA remedial actions.
WAC 197-11-265 Early scoping of MTCA remedial actions.
WAC 197-11-268 MTCA interim actions.
(Ord. 416 (2008) § 3, 2008: Ord. 368 (2006) § 6, 2006: Ord. 99-A (1991) § 2(A), 1991)
18.04.030 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799 and 197-11-220, 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 county established by ordinance, rule, or order.
B. “Development units” means the proposed quantity of development measured by dwelling units for residential development and square feet for specific nonresidential use categories.
C. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.
D. “Ordinance” means the ordinance, resolution, or other procedure used by the county to adopt regulatory requirements.
E. “Early notice” means the county’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal.
(Ord. 416 (2008) § 4, 2008: Ord. 368 (2006) § 7, 2006: Ord. 99-A (1991) § 2(B), 1991)
18.04.040 Designation of responsible official.
A. For those proposals for which the county is the lead agency, the responsible official shall be the director of the department of community development or his/her appointed designee.
B. 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 Section 18.04.020.
C. 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. 416 (2008) § 5, 2008: Ord. 368 (2006) § 8, 2006: Ord. 99-A (1991) § 2(C), 1991)
18.04.050 Lead agency – Determination and responsibilities.
A. The department within the county receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, 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.
B. When the county is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
C. 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, MDNS 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. This provision does not preclude additional environmental analysis pursuant to WAC 197-11-600.
D. 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 197-11-253 or 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 fifteen 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 fifteen-day time period. Any such petition on behalf of the county must be initiated by the responsible official.
E. 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.
F. 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.
G. When the county is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the county shall decide jointly with the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.
(Ord. 416 (2008) § 6, 2008: Ord. 368 (2006) § 9, 2006: Ord. 99-A (1991) § 2(D), 1991)
18.04.060 Transfer of lead agency status to a state agency.
If the county elects to transfer the lead agency duties to another agency, consistent with this chapter and Chapter 197-11 WAC, the county shall provide written notice of such transference to all interested parties of record.
(Ord. 416 (2008) § 7, 2008: Ord. 368 (2006) § 10, 2006: Ord. 99-A (1991) § 2 (E), 1991)
18.04.070 Additional timing considerations.
For nonexempt proposals, the DNS or the final EIS for the proposal shall accompany the county’s staff recommendation to any appropriate body, such as the planning commission.
(Ord. 416 (2008) § 8, 2008: Ord. 368 (2006) § 12, 2006: Ord. 99-A (1991) § 2(F), 1991)
PART THREE – CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
18.04.080 Purpose of this part and adoption by reference.
This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The county adopts the following sections by reference, as supplemented in this part:
RCW 43.21C.229 Infill Development – Categorical exemptions from chapter.
WAC 197-11-300 Purpose of this part.
WAC 197-11-305 Categorical exemptions.
WAC 197-11-310 Threshold determination required.
WAC 197-11-315 Environmental checklist.
WAC 197-11-330 Threshold determination process.
WAC 197-11-335 Additional information.
WAC 197-11-340 Determination of nonsignificance (DNS).
WAC 197-11-350 Mitigated DNS.
WAC 197-11-355 Optional DNS process.
WAC 197-11-360 Determination of significance (DS)/ initiation of scoping.
WAC 197-11-390 Effect of threshold determination.
(Ord. 416 (2008) § 9, 2008: Ord. 368 (2006) § 13 (part), 2006: Ord. 99-A (1991) § 3(A), 1991)
18.04.090 Flexible thresholds for categorical exemptions.
The exemptions in this subsection apply to all licenses required to undertake the construction in question, except when a rezone or any license governing emissions to the air or discharges to water is required.
A. The county establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(c):
1. For the construction or location of residential dwelling units in WAC 197-11-800(1)(b)(i):
a. Up to nine residential dwelling units within the boundaries of an urban growth area; or
b. Up to four residential dwelling units outside the boundaries of an urban growth area;
2. For agricultural structures in WAC 197-11-800(1)(b)(ii): up to fifteen thousand square feet of ground coverage. This exemption shall not apply to feed lots;
3. For the construction or location of office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to eight thousand square feet with associated parking up to forty parking spaces;
4. For the construction or location of parking lots in WAC 197-11-800(1)(b)(iv): up to forty parking spaces;
5. For any landfills or excavations in WAC 197-11-800(1)(b)(v):
a. Up to five hundred cubic yards; or
b. Up to one hundred fifty cubic yards if the proposal is located on property subject to the provisions in Title 22, Shoreline Management Master Program.
B. 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. 416 (2008) § 10, 2008: Ord. 368 (2006) § 13 (part), 2006)
18.04.100 Categorical exemptions for infill development.
A. In order to accommodate infill development in the Silverdale Infill Area, except for in the Urban Low Residential (UL) and Urban Restricted (UR) zones, the county establishes the following exempt levels for construction of residential developments, mixed use, and commercial nonretail developments under RCW 43.21C.229.
1. For residential developments in the Urban Medium Residential (UM) and Urban High Residential (UH) zones, up to the maximum total number of available trips in the Silverdale Mixed Use Infill Trip Bank, as established by the department of public works; or
2. For (a) mixed use developments or (b) commercial (nonretail) developments in the Neighborhood Commercial (NC), Highway/Tourist Commercial (HTC), Regional Commercial (RC), and Mixed Use (MU) zones, up to the maximum total number of available trips in the Silverdale Mixed Use Infill Trip Bank, as established in subsection (A)(3) of this section. The exemption does not apply to stand-alone nonretail commercial development that exceeds sixty-five thousand square feet in size.
3. The Silverdale Mixed Use Infill Trip Bank is as follows:
a. The residential and mixed use trip bank equals seven hundred seventy-five new trips between 2010 and 2025.
b. The commercial (nonretail) trip bank equals six thousand two hundred eighty new trips between 2010 and 2025.
B. In determining whether or not a proposal is exempt, the department shall consider a traffic analysis based on the quantity of development units and the related applicable trip generation. The traffic analysis shall be filed by the applicant at the same time as an application for a permit, license, certificate or other approval. Traffic analysis will follow Traffic Impact Analysis guidelines as set forth in Chapter 20.04. Developments that qualify for this SEPA exemption would still be subject to the Transportation Facilities Concurrency Ordinance (Chapter 20.04). Development will be allowed under this exemption up to the point that all the trips in the trip bank have been taken, unless denied by concurrency.
C. Upon approval of the proposal according to the provisions of Title 21, the department shall document the change in total available trips in accordance with adopted administrative guidelines. These exempt levels are not applicable once the total available trips have been utilized.
D. The department of public works will monitor the total number of trips taken from the Silverdale Mixed Use Infill Trip Bank as part of the development approval process.
(Ord. 496 (2012) § 4, 2012: Ord. 493 (2012) § 4, 2012; Ord. 416 (2008) § 11, 2008: Ord. 368 (2006) § 14, 2006)
18.04.110 Use of exemptions.
A. 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.
B. 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.
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. 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; and
3. 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. 416 (2008) § 12, 2008: Ord. 368 (2006) § 15, 2006: Ord. 99-A (1991) § 3(B), 1991)
18.04.115 Environmental checklist.
A. Except as provided in subsection (D) of this section, 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.
B. 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.
C. 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:
1. The county has technical information on a question or questions that is unavailable to the private applicant; or
2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
D. For projects submitted as planned actions under WAC 197-11-164, the county shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as part of a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a thirty-day review prior to use.
(Ord. 416 (2008) § 13, 2008: Ord. 368 (2006) § 16, 2006: Ord. 99 (1984) § 3(C), 1991)
18.04.120 Mitigated DNS.
A. As provided in this section and 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.
B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
2. Precede the county’s actual threshold determination for the proposal.
3. The responsible official should respond to the request for early notice within thirty 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 DS; 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 fifteen 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 storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibels” or “construct two-hundred-foot storm water 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.
C. The county shall reconsider the mitigated DNS based on timely comments and may retain or modify the MDNS or, if the county determines that significant adverse impacts are likely, withdraw the mitigated DNS or supporting documents. When a mitigated DNS is modified, the lead agency shall send the modified mitigated DNS to agencies, local tribes and jurisdictions.
A mitigated DNS is issued under WAC 197-11-340(2), requiring a fourteen-day comment period and public notice.
D. 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.
E. 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).
F. The county’s written response under subsection (B) 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. 416 (2008) § 14, 2008: Ord. 368 (2006) § 17, 2006: Ord. 99-A (1991) § 3(D), 1991)
PART FOUR – ENVIRONMENTAL IMPACT STATEMENT (EIS)
18.04.125 Purpose of this part and adoption by reference.
This part contains the rules for preparing environmental impact statements (EISs). The county adopts the following sections by reference, as supplemented by this part:
WAC 197-11-400 Purpose of EIS.
WAC 197-11-402 General requirements.
WAC 197-11-405 EIS types.
WAC 197-11-406 EIS timing.
WAC 197-11-408 Scoping.
WAC 197-11-410 Expanded scoping.
WAC 197-11-420 EIS preparation.
WAC 197-11-425 Style and size.
WAC 197-11-430 Format.
WAC 197-11-435 Cover letter or memo.
WAC 197-11-440 EIS contents.
WAC 197-11-442 Contents of EIS on nonproject proposals.
WAC 197-11-443 EIS contents when prior nonproject EIS.
WAC 197-11-444 Elements of environment.
WAC 197-11-448 Relationship of EIS to other considerations.
WAC 197-11-450 Cost-benefit analysis.
WAC 197-11-455 Issuance of DEIS.
WAC 197-11-460 Issuance of FEIS.
(Ord. 416 (2008) § 15, 2008: Ord. 368 (2006) § 18, 2006: Ord. 99-A (1991) § 4(A), 1991)
18.04.130 Preparation of EIS – Additional considerations.
A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the department of community development under the direction of the responsible official. Before the county issues an EIS, the responsible official shall be satisfied that it complies with this chapter and WAC Chapter 197-11.
B. The DEIS and FEIS or draft and final SEIS may be prepared by county staff 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 procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution. The applicant is responsible for paying the costs associated with preparation of the EIS.
C. 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, regulation, or statutes).
(Ord. 416 (2008) § 16, 2008: Ord. 368 (2006) § 19, 2006: Ord. 99-A (1991) § 4(B), 1991)
18.04.140 Additional elements to be covered in EIS.
A. The analysis of the following additional elements may be included as part of the environment for the purpose of EIS content, but does not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:
1. Economy;
2. Social policy analysis;
3. Cost-benefit analysis;
4. Any other element that may be dictated by special circumstances associated with the proposal.
B. Inclusion of these elements in an EIS will be at the discretion of the responsible official as determined by the scoping process.
(Ord. 416 (2008) § 17, 2008: Ord. 368 (2006) § 20, 2006: Ord. 99-A (1991) § 4(C), 1991)
PART FIVE – COMMENTING
18.04.150 Adoption by reference.
This part 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 by reference, as supplemented in this part:
WAC 197-11-500 Purpose of this part.
WAC 197-11-502 Inviting comment.
WAC 197-11-504 Availability and cost of environmental documents.
WAC 197-11-508 SEPA register.
WAC 197-11-510 Public notice.
WAC 197-11-535 Public hearings and meetings.
WAC 197-11-545 Effect of no comment.
WAC 197-11-550 Specificity of comments.
WAC 197-11-560 FEIS response to comments.
WAC 197-11-570 Consulted agency costs to assist lead agency.
(Ord. 416 (2008) § 18, 2008: Ord. 368 (2006) § 21, 2006: Ord. 99-A (1991) § 5(A), 1991)
18.04.160 Public notice.
A. Whenever possible, the county shall integrate the public notice required under this section with existing notice procedures for the county’s nonexempt permit(s) or approval(s) required for the proposal.
B. Whenever Kitsap 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:
1. If public notice is required for the nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
2. If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).
3. If no public notice is otherwise required for the permit or approval, the county shall give notice of the DNS or DS by:
a. Posting the property, for site-specific proposals;
b. Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and
c. Mailing a copy of the notice to property owners within four hundred feet of the proposal.
4. 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.
C. If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).
D. Whenever the county issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
1. Indicating the availability of the DEIS in any public notice required for a nonexempt license; and
2. Posting the property, for site-specific proposals;
3. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located; and
4. Mailing a copy of the notice to property owners within four hundred feet of the proposal.
E. Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3).
F. The county may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense.
(Ord. 416 (2008) § 19, 2008: Ord. 368 (2006) § 22, 2006: Ord. 99-A (1991) § 5(B), 1991)
18.04.170 Designation of official to perform consulted agency responsibilities for the county.
A. The director of the department of community development or his/her appointed designee 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.
B. The department of community development 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. 416 (2008) § 20, 2008: Ord. 368 (2006) § 24, 2006: Ord. 99-A (1991) § 5(C), 1991)
PART SIX – USING EXISTING ENVIRONMENTAL DOCUMENTS
18.04.180 Purpose of this part and adoption by reference.
This part 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 of Chapter 197-11 by reference:
WAC 197-11-164 Planned actions – Definition and criteria.
WAC 197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption.
WAC 197-11-172 Planned actions – Project review.
WAC 197-11-600 When to use existing environmental documents.
WAC 197-11-610 Use of NEPA documents.
WAC 197-11-620 Supplemental environmental impact statement – Procedures.
WAC 197-11-625 Addenda – Procedures.
WAC 197-11-630 Adoption – Procedures.
WAC 197-11-635 Incorporation by reference – Procedures.
WAC 197-11-640 Combining documents.
(Ord. 416 (2008) § 21, 2008: Ord. 368 (2006) § 24, 2006: Ord. 99-A (1991) § 6(A), 1991)
PART SEVEN – SEPA AND AGENCY DECISIONS
18.04.190 Purpose of this part and adoption by reference.
This part 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 by reference:
WAC 197-11-650 Purpose of this part.
WAC 197-11-655 Implementation.
WAC 197-11-660 Substantive authority and mitigation.
WAC 197-11-680 Appeals.
(Ord. 416 (2008) § 22, 2008; Ord. 368 (2006) § 25, 2006: Ord. 99-A (1991) § 7(A), 1991)
18.04.200 Substantive authority.
A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of Kitsap County.
B. The county may attach conditions to a permit or approval for a proposal so long as:
1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents pursuant to this chapter;
2. Such conditions are in writing;
3. The mitigation measures included in such conditions are reasonable and capable of being accomplished;
4. The county 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 county 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 FEIS or final SEIS 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 county designates and adopts by reference the policies set forth in RCW 43.21C.020, and the policies in the following county ordinances, plans, rules, and regulations as now existing or hereafter amended, as the basis for the county’s exercise of authority pursuant to this section:
1. The Kitsap County Comprehensive Water and Sewerage Plans;
2. The Kitsap County Shoreline Management Master Program, Title 22 of this Code;
3. The Kitsap County Comprehensive Plan;
4. The Kitsap County View Blockage Resolution, Chapter 17.450 of this Code;
5. Kitsap County Noise Ordinance, Chapter 10.28 of this Code;
6. Kitsap County Zoning Ordinance, Title 17 of this Code;
7. The Kitsap County Building Code, Chapter 14.04 of this Code;
8. The Kitsap County Flood Damage Prevention Ordinance, Title 15 of this Code;
9. The Kitsap County Parks, Recreation and Open Space Plan;
10. The Kitsap County Bicycle Facilities Plan;
11. The Kitsap County Health District regulations;
12. Kitsap County Subdivision Ordinance, Chapters 16.04 through 16.44 of this Code;
13. The Kitsap County Short Subdivision Ordinance, Chapter 16.48 of this Code;
14. The Kitsap County Storm Water Management Ordinance, Title 12 of this Code;
15. The Kitsap County Critical Areas Ordinance, Title 19 of this Code;
16. Kitsap County-wide Planning Policy, adopted November 22, 2004, as may hereafter be amended.
E. The following state laws, policies, ordinances, resolutions, programs and master site plans as now existing or hereafter amended, shall supplement this chapter:
1. Biosolids Management, Chapter 173-308 WAC;
2. Solid Waste Handling Standards, Chapter 173-350 WAC; and
3. Criteria for Municipal Solid Waste Landfills, Chapter 173-351 WAC.
(Ord. 416 (2008) § 23, 2008: Ord. 368 (2006) § 26, 2006: Ord. 99-B (1992) § l, 1992; Ord. 99-A (1991) § 7(B), 1991)
18.04.210 Appeals.
Appeals of SEPA decisions shall be in accordance with Title 21.
(Ord. 490 (2012) § 4, 2012: Ord. 416 (2008) § 24, 2008: Ord. 368 (2006) § 27, 2006: Ord. 99-A (1991) § 7(C), 1991)
18.04.220 Notice of action.
A. The county, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the county, applicant or proponent pursuant to RCW 43.21C.080.
(Ord. 416 (2008) § 25, 2008: Ord. 368 (2006) § 28, 2006: Ord. 99-A (1991) § 7(D), 1991)
PART EIGHT – DEFINITIONS
18.04.230 Purpose of this part and adoption by reference.
This part contains uniform usage and definitions of terms under SEPA. The county adopts the following sections by reference, as supplemented by WAC 173-806-040, except as modified by additional definitions under Section 18.04.030:
WAC 197-11-700 Definitions.
WAC 197-11-702 Act.
WAC 197-11-704 Action.
WAC 197-11-706 Addendum.
WAC 197-11-708 Adoption.
WAC 197-11-710 Affected tribe.
WAC 197-11-712 Affecting.
WAC 197-11-714 Agency.
WAC 197-11-716 Applicant.
WAC 197-11-718 Built environment.
WAC 197-11-720 Categorical exemption.
WAC 197-11-721 Closed record appeal.
WAC 197-11-722 Consolidated appeal.
WAC 197-11-724 Consulted agency.
WAC 197-11-726 Cost benefit analysis.
WAC 197-11-728 County.
WAC 197-11-730 Decision maker.
WAC 197-11-734 Determination of nonsignificance (DNS).
WAC 197-11-736 Determination of significance (DS).
WAC 197-11-738 EIS.
WAC 197-11-740 Environment.
WAC 197-11-742 Environmental checklist.
WAC 197-11-744 Environmental document.
WAC 197-11-746 Environmental review.
WAC 197-11-750 Expanded scoping.
WAC 197-11-752 Impacts.
WAC 197-11-754 Incorporation by reference.
WAC 197-11-756 Lands covered by water.
WAC 197-11-758 Lead agency.
WAC 197-11-760 License.
WAC 197-11-762 Local agency.
WAC 197-11-764 Major action.
WAC 197-11-766 Mitigated DNS.
WAC 197-11-768 Mitigation.
WAC 197-11-770 Natural environment.
WAC 197-11-772 NEPA.
WAC 197-11-774 Nonproject.
WAC 197-11-775 Open record hearing.
WAC 197-11-776 Phased review.
WAC 197-11-778 Preparation.
WAC 197-11-780 Private project.
WAC 197-11-782 Probable.
WAC 197-11-784 Proposal.
WAC 197-11-786 Reasonable alternative.
WAC 197-11-788 Responsible official.
WAC 197-11-790 SEPA.
WAC 197-11-792 Scope.
WAC 197-11-793 Scoping.
WAC 197-11-794 Significant.
WAC 197-11-796 State agency.
WAC 197-11-797 Threshold determination.
WAC 197-11-799 Underlying governmental action.
(Ord. 416 (2008) § 26, 2008: Ord. 368 (2006) § 29, 2006: Ord. 99-A (1991) § 8(A), 1991)
PART NINE – CATEGORICAL EXEMPTIONS
18.04.240 Adoption by reference.
The county adopts by reference the following rules for categorical exemptions, as supplemented in this ordinance, including Section 18.04.090 (Flexible thresholds), and Section 18.04.110 (Use of exemptions).
WAC 197-11-800 Categorical exemptions.
WAC 197-11-880 Emergencies.
WAC 197-11-890 Petitioning DOE to change exemptions.
(Ord. 368 (2006) § 30, 2006: Ord. 99-A (1991) § 9(A), 1991)
PART TEN – AGENCY COMPLIANCE
18.04.250 Purpose of this part and adoption by reference.
This part 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 by reference:
WAC 197-11-900 Purpose of this part.
WAC 197-11-902 Agency SEPA policies.
WAC 197-11-916 Application to ongoing actions.
WAC 197-11-920 Agencies with environmental expertise.
WAC 197-11-922 Lead agency rules.
WAC 197-11-924 Determining the lead agency.
WAC 197-11-926 Lead agency for governmental proposals.
WAC 197-11-928 Lead agency for public and private proposals.
WAC 197-11-930 Lead agency for private projects with one agency with jurisdiction.
WAC 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county.
WAC 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county and one or more state agencies.
WAC 197-11-936 Lead agency for private projects requiring licenses from more than one state agency.
WAC 197-11-938 Lead agencies for specific proposals.
WAC 197-11-940 Transfer of lead agency status to a state agency.
WAC 197-11-942 Agreements on lead agency status.
WAC 197-11-944 Agreements on division of lead agency duties.
WAC 197-11-946 DOE resolution of lead agency disputes.
WAC 197-11-948 Assumption of lead agency status.
(Ord. 416 (2008) § 27, 2008: Ord. 368 (2006) § 31, 2006: Ord. 99-A (1991) § 10(A), 1991)
18.04.260 Fees.
A. The county shall require the applicable fees listed in Section 21.06.100 of this code.
B. The county may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this ordinance relating to the applicant’s proposal.
C. The county may charge any person for copies of any document prepared under this ordinance, and for mailing the document, in a manner provided by Chapter 42.17 RCW.
D. As set forth in Section 18.04.130, the applicant is responsible for paying the costs associated with preparation of an EIS where one is required.
(Ord. 416 (2008) § 28, 2008: Ord. 368 (2006) § 33, 2006)
18.04.270 Administrative guidelines.
The responsible official is authorized to adopt further administrative guidelines to provide processing, administration and interpretation of these regulations. All such policies shall be in writing and available to the public in the offices of the department of community development.
(Ord. 416 (2008) § 29, 2008: Ord. 368 (2006) § 34, 2006: Ord. 99-A (1991) § 10(D), 1991)
18.04.280 Severability.
If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances, shall not be affected.
(Ord. 368 (2006) § 35, 2006)
PART ELEVEN – FORMS
18.04.290 Adoption by reference.
The county adopts the following forms and sections by reference:
WAC 197-11-960 Environmental checklist.
WAC 197-11-965 Adoption notice.
WAC 197-11-970 Determination of nonsignificance (DNS).
WAC 197-11-980 Determination of significance and scoping notice (DS).
WAC 197-11-985 Notice of assumption of lead agency status.
WAC 197-11-990 Notice of action.
(Ord. 416 (2008) § 30, 2008: Ord. 368 (2006) § 36, 2006: Ord. 99-A (1991) § 11, 1991)