NOH: Ordinance 1299 repeal Lewis County Code Chapter 17.35 BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
RESOLUTION TO HOLD A PUBLIC HEARING TO CONSIDER ) RESOLUTION NO 19 f I I
ORDINANCE 1299,AN ORDINANCE TO REPEAL LEWIS COUNTY )
CODE CHAPTER 17 35—CRITICAL AREAS ORDINANCE )
WHEREAS, under the Growth Management Act, Lewis County is required to design and adopt
development regulations that protect critical areas (both in and outside of agricultural areas) (RCW
36 70A.060), and
WHEREAS, Lewis County originally adopted regulations for critical areas in 1996 under the Interim
Critical Areas Ordinance, and large portions of this ordinance were subsequently incorporated in
Chapter 17 35—the Critical Areas Ordinance—which applied both to agricultural and non agricultural
development, and
WHEREAS, per the Growth Management Act (RCW 36 70A 130), Lewis County reviewed and
subsequently revised the standards in Lewis County Code 17 35 through Ordinance 1204 in 2008 and
Ordinance 1284 in 2018, and
WHEREAS, these critical area revisions applied to all land uses except agricultural uses, which
continued to be regulated under LCC 17 35, and
WHEREAS, over the last two updates to the Critical Areas Ordinance, the Lewis County retained the
provisions in LCC 17 35, because Washington State was considering how best to regulate critical
areas in agricultural lands, and Lewis County farm interests were subsequently pursuing the
development of the state's adopted solution —the adoption of a Voluntary Stewardship Program
work plan, and
WHEREAS, following devoted work by Lewis County farm interests for more than two years, the
Lewis County Voluntary Stewardship Work Program was adopted by the Washington State
Conservation Commission on September 17, 2018, and
WHEREAS, with the adoption of the Lewis County Voluntary Stewardship Work Program, Lewis
County regulations no longer apply to the management of critical areas in agricultural lands, and the
provisions of LCC 17 35 are no longer applicable, and
WHEREAS,the Lewis County Planning Commission held a public hearing regarding the repeal of Lewis
County Code Chapter 17 35—the Historic Critical Areas Ordinance—on December 11, 2018,
WHEREAS,following the public hearing, the Planning Commission deliberated and voted unanimously
to send the proposal to the Lewis County Board of County Commissioners (BOCC) for their
consideration, and
WHEREAS, a public hearing before the BOCC is required to make the change to the Lewis County
Code,
NOW THEREFORE BE IT RESOLVED that the Lewis County BOCC will hold a public hearing on February
4, 2019 to take public testimony and/or written comment on the adoption of Ordinance 1299,
repealing Lewis County Code (LCC) Chapter 17 35—the Historic Critical Areas Ordinance, and
BE IT FURTHER RESOLVED that the Clerk of the BOCC is hereby instructed to proceed with all
appropriate and necessary notifications, posting and publication for the code change as required by
law
Passed in regular session THIS / DAY OF 019.
APPROVED AS TO FORM. BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Pr secuting Attorney LEWIS COUNTY, WASHINGTON
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By Civil Deputy Prosecuting Attorney Robert C Jackson, Chair
ATTEST. Gary Stamper, Vice Chair
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Rieva Lester, Clerk of the Board Edna J Fund, Co issioner
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LEWIS COUNTY PLANNING COMMISSION
Robert Whannell,Chairman
LETTER OF TRANSMITTAL
To: Lewis County Board of County Commissioners
From Lewis County Planning Commission
Date December 11, 2018
Subject. Transmittal to the BOCC Repeal of Lewis County Code (LCC) Chapter 17 35 —the
Historic Critical Areas Ordinance
Dear Commissioners.
The purpose of this report is to transmit the repeal of Lewis County Code (LCC) Chapter 17 35 —
the Historic Critical Areas Ordinance—to the Lewis County Board of County Commissioners
General findings of fact.
1 Under the Growth Management Act, Lewis County is required to design and adopt
development regulations that protect critical areas (both in and outside of agricultural
areas) (RCW 36 70A 060)
2 Lewis County originally adopted regulations for critical areas in 1996 under the Interim
Critical Areas Ordinance Large portions of the ordinance were then subsequently
incorporated in Chapter 17 35—the Critical Areas Ordinance—which applied both to
agricultural and non-agricultural development
3 Per the Growth Management Act (RCW 36 70A.130), Lewis County reviewed and
subsequently revised the standards in Lewis County Code 17 35 through Ordinance 1204 in
2008 and Ordinance 1284 in 2018 These revisions applied to all land uses except
agricultural uses Agricultural uses continued to be regulated under LCC 17 35
4 Over the last two updates to the Critical Areas Ordinance, the provisions in LCC 17 35 were
retained, because. Washington State was considering how best to regulate critical areas in
agricultural resource lands, and Lewis County farm interests were subsequently pursuing
the development of the state's adopted solution —the adoption of a Voluntary Stewardship
Program work plan
5 The Washington State Legislature adopted the standards for Voluntary Stewardship
Programs in 2011 (see 36 70A 700 through 36 70A 760)
6 In 2016, Lewis County farm interests began work on Lewis County's Voluntary Stewardship
Program Work on the plan continued over the following two years
7 On September 17, 2018, the Washington State Conservation Commission adopted the Lewis
County Voluntary Stewardship Work Program
8 With the adoption of the Lewis County Voluntary Stewardship Work Program, Lewis County
regulations no longer apply to the management of critical areas in agricultural lands The
provisions of LCC 17 35 are no longer applicable
9 Lewis County forwarded notice of the proposed repeal of Lewis County Code 17 35—the
Historic Critical Areas Ordinance—to the Department of Commerce on October 17, 2018
10 The proposed repeal of Lewis County Code 17 35 was considered by the Planning
Commission at workshops on October 23 and November 13, 2018
11 Staff provided notice of a Public Hearing on the proposed changes in the manner prescribed
in LCC 17 12 050 on November 20, 2018
12. On December 11, 2018, the Lewis County Planning Commission held a public hearing on the
proposed repeal to Lewis County Code Chapter 17 35 —the Historic Critical Areas
Ordinance
13 Following the public hearing, the Planning Commission deliberated the measures and
determined that the proposed amendments reflected the needs of area residents, met the
intent and requirements of the Growth Management Act, and were in accordance with the
public interest
Conclusions
Based on the above findings and conclusions, the Lewis County Planning Commission
recommends that the Board of County Commissioners pass an ordinance to repeal Lewis
County Code Chapter 17 35 —the Historic Critical Areas Ordinance
Being duly authorized to transmit the recommendations on behalf of the Lewis County Planning
Commission, I hereby respectfully submit the document to the Lewis County Board of County
Commissioners
A n Date
Submitted by � �'v L._0'ww��1�� " • I � — 24 6
Robert Whannell, Chair
Lewis County Planning Commission
NOTICE OF PUBLIC HEARINGS BEFORE THE
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
AND INTENT TO ADOPT
NOTICE IS HEREBY GIVEN that the LEWIS COUNTY,WASHINGTON, BOARD OF COUNTY
COMMISSIONERS will hold two public hearings on February 4, 2019, starting at or after 1000 a m
The first public hearing will consider Ordinance 1298, amendments to LCC 17 15 changes to the
management of Urban Growth Areas(UGAs) for cities and towns in Lewis County These changes are
intended to clarify how development is reviewed in the unincorporated UGAs of cities/towns
The second public hearing will consider Ordinance 1299 the repeal of LCC 17 35, the historic Critical
Areas Ordinance This ordinance was previously used for the review of agricultural uses, and has
been rendered useless by the adoption of the Lewis County Voluntary Stewardship Program
These public hearings will occur at the Lewis County Courthouse, Commissioners' Hearing Room at
351 NW North Street, Chehalis, WA At the hearings, individuals will be invited to speak and/or
provide written statements regarding the proposed changes All individuals wishing to speak are
encouraged to attend Written comments may be submitted in advance of the hearing to
fred.evander@lewiscountywa gov
Details about the proposal are available at https.//lewiscountywa.gov/communitydevelopment
Hard copies are available at the Lewis County Community Development Department at 2025 NE
Kresky Ave., Chehalis WA, at the Timberland Regional libraries located in Chehalis, Centralia, Salkum,
Randle, Packwood, and Winlock, and at the Lewis County Senior Centers in Morton, Packwood,
Toledo,Twin Cities (Chehalis), and Winlock
The meeting site is barrier free People needing special assistance or accommodations should contact
the Commissioners' office 72 hours in advance of the meeting
Rieva Lester/Publish in the Chronicle on January 15, 2019
BOCC AGENDA ITEM SUMMARY
Resolution. BOCC Meeting Date Jan 14, 2019
Suggested Wording for Agenda Item: Agenda Type Notice
Resolution to set a public hearing on Ordinance 1299 to repeal Lewis County Code 17 35 - the historic Critical
Areas Ordinance
Contact Lee Napier Phone. 3607402606
Department Community Development
Action Needed Approve Ordinance (traffic or other)
Description
This resolution would set a date for a public hearing to repeal Lewis County Code (LCC) Chapter 17 35 -the
historic Critical Areas Ordinance Lewis County has regulated critical areas in agricultural areas under LCC
17 35, or its predecessor, the Interim Critical Areas Ordinance, since 1996
Over the last two updates to the Critical Areas Ordinance, the provisions were retained, because
• Washington State was considering how best to regulate critical areas in agricultural resource lands
• Lewis County farm interests were subsequently pursuing the development of the state's adopted solution—the
adoption of a Voluntary Stewardship Program work plan
Work on Lewis County's Voluntary Stewardship Program began in 2016, and continued over the following two
years The document was adopted by the Washington State Conservation Commission on September 17, 2018
With the adoption of the Lewis County VSP work program, the management of critical areas in agricultural
lands is no longer handled under Lewis County regulations
The provisions of LCC 17 35 are no longer applicable
Approvals.
User Group Status
Eisenberg, Eric Pending
Napier, Lee Pending
Gatten, Cullen Pending
Evander, Fred Pending
Lester, Rieva Pending
Additional Copies
Lee Napier,Eric Eisenberg,Cullen Gatten,Fred Evander, Pat Anderson