Approve a No-Spray agreement and fee BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-161
APPROVING A NO-SPRAY AGREEMENT AND FEE
WHEREAS, the Lewis County Public Works maintains approximately 1,050 miles of
roadway and part of the maintenance program includes the spray program, which is
designed to protect our right-of-way from noxious weeds and help protect our road
surfaces from being inundated with vegetation. Uncontrolled brush and weeds can
become visual obstructions for drivers; our spray program works in conjunction with
mowing, brush cutting and canopy clearing to help keep our roads safe; and
WHEREAS, RCW 17.21.430 states that our spray applicators must make contact with a
registered sensitive person when applying spray to the right-of-way adjacent to their
property. RCW 17.21.420 explains some of the process required to obtain that
designation; and
WHEREAS, property owners may request a No-Spray Agreement from Lewis County for
parcels adjacent to county roadways; and
WHEREAS, Lewis County Public Works will assess a fee of S300 upon approval of a
requested No-Spray Agreement. The fee will cover the cost of the time and materials
for the purchase and installation of two (2) No-Spray signs and processing the executed
No-Spray Agreement. The Agreement applicant will become responsible for maintaining
the vegetated area within the county Right-of-Way along their property. If the applicant
fails to maintain in accordance with the terms of this Agreement, Lewis County Public
Works will maintain the area as needed including mowing and/or spraying; and
WHEREAS, this Agreement must be renewed annually, on or before February 1 of the
next year. An administrative fee of $25 will be charged for processing the renewal. If an
agreement is not renewed by February 1, it will expire; and
WHEREAS, No-Spray Agreements are non-transferable. In the event the property
ownership changes, the Agreement will become void at the time of new ownership; and
WHEREAS, the proposed No-Spray Agreement and fee is just, fair, reasonable, and
sufficient for Lewis County Public Works to provide this service to the public.
NOW THEREFORE BE IT RESOLVED the Board of County Commissioners approves
the new No-Spray Agreement and agreement fee of $300.
DONE IN OPEN SESSION this 18th day of May, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
°�rTt "ATTEST: Edna J . Fund
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�, "�:;Fdna J. Fund, Vice Chair
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Rieva Lester •'�:gti s.~,• Robert C. Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
Lewis County Public Works
2025 NE Kresky Ave.
Chehalis,WA 98532
Phone:360-740-1123
Fax:360-740-1479 LEWIS COUNTY
www.lewiscountywa.gov `.•.' '.,•,,,/
NO-SPRAY AGREEMENT �••J
RIGHT-OF-WAY VEGETATION MANAGEMENT PROGRAM
1. Property Owner/Applicant Information
Name: Phone:
Mailing Address: Email:
City: State: Zip:
2. Location
Road Name: Site Address:
3. Agreement—Applicant Agrees to the Following Conditions: (Applicant to Initial Each Section)
I agree to maintain vegetation within the Lewis County road right-of-way in accordance with the current
Lewis County Vegetation Management Program. This includes the control of vegetation within the
shoulder areas, ditches and slopes.
I understand this agreement will expire yearly on February 1st, and must be renewed annually.
I understand that this agreement applies to the application of dormant and brush spray herbicides.
I accept the responsibilities outlined in this agreement. I further agree that my performance under this
agreement is at my sole risk, and I shall indemnify Lewis County, its agents and employees,and hold
them harmless from any and all liability for damage,costs, and expense resulting from,arising out of,or
in any way connected with this agreement, or from my failure to perform fully thereunder. I further
agree to defend Lewis County, its agents and employees,against all suits,actions, or proceedings
brought by any third party against them for which I would be liable thereunder.
I hereby represent I own or lease the land adjacent to the County road and understand this agreement
is not transferable.
I understand if I do not maintain the vegetation in accordance with Lewis County's Vegetation
Management Program,this agreement becomes null and void and vegetation within the subject right-
of-way will be maintained by Lewis County personnel including the application of herbicides.
4. Signature:(The undersigned has read, understands, and accepts the terms and conditions set forth herein)
Printed Name: Signature: Date:
Acknowledgement—Lewis County Representative:
Printed Name: Signature: Date:
Revised 02/2020
General Provisions
1. Property owners who obtain a No-Spray Agreement from Lewis County become responsible for maintaining the
vegetated area within the Lewis County Right-of-Way along their property. If the Agreement holder fails to
maintain the area in accordance with the terms of this Agreement, Lewis County Public Works will maintain the
area as needed including mowing and/or spraying.
2. Applicants interested in becoming a certified organic farm need to contact the United States Department of
Agriculture for the necessary steps for the certification process. It has been Lewis County's standard procedure
to stop applying brush spray once an organic farm certification has been provided and verified.
3. Applicants who qualify for the State Chemical Sensitive Persons list will not be charged the $300 fee for the No-
Spray Agreement
4. No Spray Agreements due to the proximity of an existing well head (within 100 feet or less of the LC right-of-
way)will not be charged the$300 fee for a No-Spray Agreement as these wells were permitted to be installed
prior to implementation of this No-Spray policy and will therefore be "grandfathered".
5. No dirt, debris,or other fill material shall be placed on the County right-of-way.
6. Lewis County is not responsible for any damaged or lost No Spray signs.
Agreement Conditions
1. "No Spray"signs will be purchased and installed by Lewis County Public Works in accordance with Lewis County
standards and State and Federal laws. The signs shall not be moved,covered,or in any other way altered by
anyone other than an authorized Lewis County Public Works employee.
2. Lewis County Public Works will assess a fee of$300 upon approval of a requested No-Spray Agreement. The fee
will cover the cost of the time and materials for the purchase and installation of two (2) No-Spray signs and
processing the executed No-Spray Agreement.
3. Two (2) signs are required along the property adjacent to the County roadway. Any property owners requesting
a No-Spray Agreement for a property adjacent to more than one(1) County road must purchase two(2)
additional No-Spray signs for each additional roadway the property is adjacent to. If additional signs are
required beyond the two (2)that come with the No-Spray Agreement,they can be purchased from Lewis County
Public works for$100 per sign. The$100 per additional sign will cover the cost of the time and materials and
installation of the sign.
4. Only authorized Lewis County Public Works employees will install No-Spray signs.
5. This Agreement must be renewed annually,on or before February 1 of the next year. An administrative fee of
$25 will be charged for processing the renewal. If an agreement is not renewed by February 1, it will expire.
6. No-Spray Agreements are non-transferrable, in the event the property ownership changes the Agreement will
become void at the time of new ownership.
Revised 02/2020
BOCC AGENDA ITEM SUMMARY
Resolution: 20-161 BOCC Meeting Date: May 18, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving a No-Spray Agreement and fee
Contact: Josh Metcalf Phone: 360-7402762
Department: PW - Public Works
Description:
Approving a new No-Spray Agreement and fee
Approvals: Publication Requirements:
Publications:
User Status
Amber Smith Approved
PA's Office Approved
Additional Copies: Cover Letter To:
Kevin Korpi, John Link, Tina Hemphill Josh Metcalf