Ord No. 1306 imposing a moratorium upon certain permits within the rural and resource lands of Lewis County BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON IMPOSING )
A MORATORIUM UPON CERTAIN PERMITS WITHIN THE RURAL ) ORDINANCE NO 1306
AND RESOURCE LANDS OF LEWIS COUNTY AND DIRECTING
THE SETTING OF A PUBLIC HEARING
WHEREAS, in 2002 Lewis County permitted resources uses, including mineral and
agricultural resources uses, to occur on rural lands (Ordinance 1179 Ex C p 46), and
WHEREAS, such uses as well as isolated small businesses were sometimes subject to
restrictions such as special use permitting (Ordinance 1179 Ex C p 42, 46), and
WHEREAS, from time to time since 2002, through a public participation process, Lewis
County has amended rural zoning, and
WHEREAS, in September 2018, through a public participation process, Lewis County
amended rural zoning to list "Standalone food or beverage manufacturing" via a special use
permit amongst the permissible rural land uses (Ordinance 1292 p 9), and
WHEREAS, this use is broad enough to include breweries, vineyards, and other
agritourism ventures in which the food or beverage is manufactured using material not farmed
on-site (Ordinance 1292 p 2-3), and
WHEREAS, this use is also broad enough to include other food and beverage
manufacturing not limited in size or limited in scope to agriculture, and
WHEREAS, the Lewis County Water Alliance (LCWA), a citizens' group, objects to this
provision as potentially permitting large-scale water bottling plants in rural areas, and notes that
its application for that purpose outstrips its originally intended scope, and
WHEREAS, the LCWA seeks revision of the Lewis County Code's treatment of rural and
resources uses related to water extraction and food and beverage manufacturing, claiming that
the current code is inconsistent with the Growth Management Act, state water law, and the Lewis
County Comprehensive Plan, and
WHEREAS, while Lewis County may not agree with LCWA's legal positions, it wishes to
study the issue for purposes of safeguarding rural character and protecting natural resources
consistent with the Growth Management Act, and
WHEREAS, to preserve the status quo and allow for responsible study of the issue via a
public process, Lewis County wishes to impose a moratorium as authorized by RCW 36 70A.390
and Article 11, Section 11 of the Washington State Constitution,
NOW THEREFORE BE IT ORDAINED by the Lewis County Board of County Commissioners as
follows
Moratorium PAGE 1 of 3
Ordinance 1306
Section 1. Moratorium
a The Lewis County Board of County Commissioners hereby imposes a moratorium upon
the submission, acceptance, processing, or approval of any land-use or building permit
application(s) concerning
i All uses on agricultural, forest, and mineral resource lands and/or rural lands that
intend to aid the extraction of water for sale as a principal goal, and/or
ii Facilities for standalone food or beverage manufacturing, as defined in Lewis
County Code 17 10 190, that propose to use water in excess of the permit-exempt
limits of RCW 90 44 050
b The moratorium in section (a)(i), above, does not apply to uses that intend to aid the
extraction of water for other purposes, such as (but not limited to)to obtain rock or other
minerals that may be filtered from the water and then used or sold
c The moratorium in section (a)(i), above, does not apply to uses that merely study the
extraction of water for sale, so long as the land-use or building permit application does
not authorize a use aiding the actual extraction of water for sale
Section 2 Duration of Moratorium The moratorium adopted by this Ordinance is effective
immediately upon adoption and shall remain in effect for six (6) months, unless subsequently
extended by the Board pursuant to state law
Section 3 Public Hearing Pursuant to RCW 36 70A.390, a public hearing will be held August 26,
2019
Section 4 Ratification Any act consistent with the authority of this Ordinance is hereby ratified
and affirmed
Section 5. Severability The provisions of this Ordinance are declared separate and severable If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
the remainder of this Ordinance or application of the provision to other persons or circumstances
shall be unaffected
Section 7. Findings The Lewis County Board of Commissioners hereby adopts the above recitals
as findings of fact in support of this Ordinance
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Moratorium PAGE 2 of 3
Ordinance 1306
PASSED IN REGULAR SESSION this 5 day of August 2019, without holding a public hearing
Pursuant to RCW 36 70A.390, the public hearing on this matter must be held at least sixty days
following adoption
APPROVED AS TO FORM :OAR►/ OF COUNTY COMMIS •NERS
Jonath. • ! eyer, Prosecuting Attorney LE S COUNTY, W• _HIN ON
By Des Attorney Rober Jack on Chair
ATTEST Gary St mper, Vice Chair
// _e i , //
Rieva Lester, Clerk of the Board Edna J Fund, Comm loner
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date Aug 05, 2019
Suggested Wording for Agenda Item Agenda Type Consent
An ordinance of Lewis County, Washington imposing a moratorium upon certain permits within the rural and
resource lands of Lewis County and directing the setting of a public hearing
Contact Lee Napier Phone 3607402606 RECEd VEjj
Department JUL 3 0120 19
Action Needed Approve Ordinance (traffic or other) PROS LUVNT}
L;CIlTL (r ATTOR f
Description
September 2018, through a public participation process, Lewis County amended rural zoning to list Standalone
food or beverage manufacturing" via a special use permit among the permissible rural land uses Subsequent to
the adoption of Ordinance 1292,the Lewis County Water Alliance (LCWA), a citizens' group, objects to this
provision as potentially permitting large-scale water bottling plants in rural areas, and notes that its application
for that purpose outstrips its originally intended scope
The LCWA seeks revision of the Lewis County Code's treatment of rural and resources uses related to water
extraction and food and beverage manufacturing, claiming that the current code is inconsistent with the Growth
Management Act, state water law, and the Lewis County Comprehensive Plan
Approvals.
User Group : Status
Napier, Lee Pending
Lester, Rieva Pending
Eisenberg, Eric Pending
Gowing, Graham Pending
Additional Copies
Lee Napier, Pat Anderson, Eric Eisenberg, and Tom Stanton
111207 Ordinance 1306
Certain Permits
NOTICE OF PUBLIC
HEARING BEFORE
THE LEWIS COUNTY
BOARD OF COUNTY
COMMISSIONERS
AND INTENT TO ADOPT
NOTICE IS HEREBY GIV-
EN that the LEWIS
COUNTY, WASHINGTON,
BOARD OF COUNTY
AFFIDAVIT COMMISSIONERS will
hold a public hearing on
OF PUBLICATION August 26, 2019 starting at
or after 10:00 AM
STATE OF WASHINGTON The public hearing wit
consider Ordinance 1306,
COUNTY OF LEWIS an ordinance imposing a
moratorium upon certain
permits within the rural and
Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, resource lands of Lewis
and/or Cindy Thayer says that she is the legal clerk of County related to extrac-
tion of water for sale and/or
�%�err standalone food and bev-
erage)P erage manufacturing.
ebronitte The public hearing will be
at the Lewis County Court-
house,
a semi-weekly newspaper which has been established,published Hearing Com, 35ione W
Y P Hearing Room, 351 NW
in the English language and circulated continuously as a North Street, Chehalis,
semi weekly newspaper in the City of Centralia and in Lewis WA.At the hearing,individ-
County Washington general circulation in Lewis County for uals will be invited to speak
more than six(6)months prior to the date of the first publication and/or provide written
of the notice hereto attached and that the said Chronicle was on statements regarding the
the 7th day of Jul 1941,approved as a legal newspaper b the proposed changes.As indk
Y Y Ppr g by viduals wishing to speak
Superior Court of said Lewis County And that the attached is a are encouraged to attend
true copy and was published in regular issues(and not in Written comments may be
supplement form)of said newspaper as LEGAL#111207
submitted in advance of
RE:Ordinance 1306 Certain Permits the hearing to
l e e n a n i e r
C�lewiscountywa.gov.(ir
CIA/once each for a period of 1 Details about the proposals
are available online at
https://lewiscountywa.gov/
commencing on 08/06/2019 and ending on 08/06/2019 communitydevelopment.
Hard copies are available
and both regularly distributed to its subscribers during all of said at Lewis County Communi-
period.That the full amount of the fee charged for the foregoing ty Development, 2025 NE
p .lication is the su of S 22.01 Kresky Ave., Chehalis WA;
` the Timberland Regional
I Libraries located in Cheha-
/la al ,,./ •1 lis,Centralia,Salkum,Ran-
,TairiaPIO.wom to befo e 'se 08/06/2019 die, Packwood, and Win-
Spy ,♦ t -� Senior lock; Centers and the Lewis in MortonCounty,
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Notary Public in and for the State of Was�ry PAAR•• //jI, lock.
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=-.-. cial assistance or accom
•Oer O� m• - modations should contact
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J0�' ##• ment Department 72 hours
P . in advance of the meeting
' •• pr� , ` August blhed:fee Chronicle
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