Ord 1306, a moratorium upon certain permits within the rural and resource lands of Lewis County BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON II
PUBLIC HEARING TO RATIFY ORDINANCE 1306,A ) RESOLUTION NO 19- (`,,1(::
MORATORIUM UPON CERTAIN PERMITS WITHIN THE )
RURAL AND RESOURCE LANDS OF LEWIS COUNTY )
WHEREAS, notice was given that a public hearing would be held by the Lewis County Board of County
Commissioners(BOCC) in the hearing room at 351 NW North Street, Chehalis, Washington on August 26,
2019 at or after 10.00am and
WHEREAS,notice of said hearing was published in The Chronicle on August 6,2019 and the East County Journal
on August 7, 2019 as required by law, and
WHEREAS,on said date, the BOCC will take public testimony or written comment on the Ordinance 1306
concerning the moratorium upon certain permits within the rural and resource lands of Lewis County related
to extraction of water for sale and/or standalone food and beverage manufacturing, and
WHEREAS,the BOCC considered and adopted an emergency renewal moratorium on August 5, 2019,
pursuant to RCW 36 70A•390
NOW THEREFORE BE IT RESOLVED that after conducting a public hearing,the BOCC hereby ratified
Ordinance 1306 concerning a moratorium upon certain permits within the rural and resource lands of Lewis
County related to extraction of water for sale and/or standalone food and beverage manufacturing with final
BOCC action to take place following the public hearing
DONE IN OPEN SESSION this ;J)b day of ,,,_;,,z,` 2019
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APPROVED AS TO FORM BO, '0 OF COUNTY CO MISSI• RS
Jonath Meyer,Prosecuting Attorney COUNTY, 'I► GT'
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By Deputy Prosecuting Attorney Ro•er . Jackson Ch it
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ATTEST Gary Sta •er, Vice Chair
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Rieva Lester,Clerk of the Board •• COUNTY •• Edna J Fund, Corn "loner
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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 36.70A390,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
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By Dee y Prosecuting Attorney Rob Jack on Chair
ATTEST Gary St mper,Vice Chair
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Rieva Lester, Clerk of the Board Edna) Fund, Comm/oner
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Moratorium PAGE 3 of 3
Ordinance 1306
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,
x/ 130
Contact Lee Napier Phone 3607402606 1,— V 4,J1. 11
Department. JOL ;i 0 201
Action Needed: Approve Ordinance(traffic or other)
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 onginally 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
BOCC AGENDA ITEM SUMMARY
Resolution BOCC Meeting Date Aug 26, 2019
Suggested Wording for Agenda Item Agenda Type Hearing
Public hearing to ratify Ordinance 1306 of Lewis County,Washington imposing a moratorium upon certa o
permits within the rural and resource lands of Lewis County r'['t ,v
Contact Lee Napier Phone 2606 �uG
Department. Community Development LEWIS COUNT�Rh .
Action Needed. Approve Resolution
Description
On August 5, 2019, the Board of County Commissioners (BOCC) passed Ordinance No 1306 adopting an
interim official control without holding a public hearing
Background 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
Publication Requirements
Approvals
Hearing Date Aug 26, 2019
User Group Status Publications•
Napier, Lee Pending n/a
Eisenberg, Eric Pending Publication Dates
Lester, Rieva Pending
Gowing Graham Pending
Additional Copies
Lee Napier Graham Gowing Pat Anderson, Eric Eisenberg Tom Stanton