Consent to forward draft Shoreline Master Program to WA State Dept of Ecology for review and comment. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-227
CONSENT TO FORWARD THE DRAFT SHORELINE
MASTER PROGRAM TO WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR REVIEW AND
COMMENT
WHEREAS, the State of Washington Shoreline Management Act (SMA) of 1971,
Chapter 90.58 RCW, requires counties and cities to prepare shoreline master
programs (SMPs) to prevent the uncoordinated and piecemeal development of
shorelines of the state; and
WHEREAS, RCW 90.58.080(4)(a) requires counties to periodically review their
SMP to ensure the SMP stays current with changes in laws and rules, remains
consistent with other Lewis County plans and regulations, and is responsive to
changed circumstances, new information and improved data; and
WHEREAS, Lewis County is undertaking their periodic review and prepared a
draft SMP with proposed amendments to LCC 15.35 Flood Damage Prevention,
LCC 17.25 Shoreline Management, and LCC 17.38 Critical Areas; and
WHEREAS, the Lewis County Planning Commission held three workshops on this
topic on January 26, 2021, February 9, 2021 and May 11, 2021; and
WHEREAS, on June 8, 2021, the Lewis County Planning Commission conducted a
joint public hearing with Washington State Department of Ecology, noticed in
accordance with the standards in LCC 17.05 and WAC 173-26-104; and
WHEREAS, following the public hearing, the Lewis County Planning Commission
voted unanimously to recommend approval of the document and to transmit the
document to Ecology for official recommendations and requirements ; and
WHEREAS, after receiving their recommendations and requirements, the draft
SMP and associated development regulations will be forwarded to the Lewis
County Board of County Commissioners (BOCC) for a public hearing.
NOW THEREFORE BE IT RESOLVED Lewis County will forward the draft
Shoreline Master Program and associated development regulations to Washington
State Department of Ecology for official recommendations and requirements prior
to the BoCC holding a public hearing.
DONE IN OPEN SESSION this 15th day of June, 2021.
Page 1 of 2 Res. 21-227
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Gary Stamper
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: •�c°""'`- Lindsey R. Pollock, DVM
J PR
Rieva Lester, Clerk of the Boarc -,�0° oF L;kdsey R. Pollock, DVM, Vice Chair
/( E
•Tamara Martin '•sy -CON'S�;:�' Sean D. Swope
By: Tamara Martin Sean D. Swope, Commissioner
Page 2 of 2 Res. 21-227
Planning Commission
SMP Periodic Review Summary COLA IN
Community Development • 2025 NE Kresky Ave, Chehalis, WA 98532 • Phone: (360) 740-1146 N%***•%....../
Date of Workshop: May 11, 2021
Date of Hearing: June 8, 2021
Proposal: Shoreline Master Program Periodic Review
A. SHORELINE MASTER PROGRAM PERIODIC REVIEW
Lewis County is undertaking a periodic review of its Shoreline Master Program (SMP). The
Shoreline Management Act (SMA) requires each SMP to be reviewed and revised, if needed, on
an eight-year schedule established by the Legislature. The review ensures the SMP stays
current with changes in laws and rules, remains consistent with other Lewis County plans and
regulations, and is responsive to changed circumstances, new information and improved data.
All information relating to the Shoreline Master Program Periodic Review can be found online
here.
B. SUMMARY OF PROPOSED UPDATES
All changes can be found in the draft SMP located on the Lewis County Community
Development website hare. To summarize the changes, Lewis County considered the following
topics:
Process and Administration Section —As the outreach started, one consistent topic mentioned
by staff was the complexity of answering questions relating to the SMP due to information
being spread across multiple chapters. After review and consideration of this topic, changes to
the SMP are not taking place at this time. We want to first start by providing better information
to customers, including flow charts and checklists to clearly identify the process and
requirements for review. As part of future updates, a road map of the SMP may be provided to
ensure it includes all aspects of the SMP review.
Review for Internal Consistency — The draft SMP proposes updates to codes referenced to be
consistent with current regulations.
Integrate Updated Critical Areas Ordinance (CAO) into the SMP - The SMP was adopted in
2017, which adopted LCC 17.35 and LCC 17.35A by reference for critical areas. About one year
later, Lewis County adopted a new CAO. The draft SMP includes a proposal to integrate the
newly adopted CAO in LCC 17.38, with modifications.
Update Agriculture Chart — The draft SMP proposes updates to the chart in SMP 5.05.02
regarding applicability for agriculture in the shoreline environments. There is no substantial
changes, other than format for ease of reading and interpreting.
Use Chart — The draft SMP proposes updates to the use chart to allow bridges as a permitted
use instead of a conditional use. The bridges reviewed by the SMP since its adoption in 2017
include agriculture bridges and a pedestrian walking bridge (crossing Hwy 6, not a stream). It is
Lewis County's view that bridges would be reviewed sufficiently with a Shoreline Substantial
Development Permit, the State Environmental Policy Act (SEPA), the National Environmental
Policy Act (NEPA), and all other local, state and federal permits relating to bridges.
Addition of definitions—The draft SMP proposes updates for the following definition additions:
• Existing Agriculture — Existing agriculture shall include those specific land areas on
which agriculture activities are or have been conducted, regardless of the period of
dormancy
• High intensity agriculture uses - Means agriculture uses which by their nature have the
potential for significant impact and will be regulated using a review process coupled
with SEPA review, or, for SEPA exempt properties, substantially similar to SEPA review.
Except as provided herein, high intensity uses shall include all uses not specifically
identified as low intensity uses.
• Low intensity agriculture uses— Means agriculture uses which by their nature generally
have a low or moderate impact on the environment in which they occur and will be
regulated using a single or short form of approval. Except as provided, low intensity uses
shall include:
(a) Livestock in excess of grazing best management practices recommended by
the Natural Resources Conservation Service;
(b) Machinery storage, fueling, and maintenance; or
(c) Storage of petroleum, fertilizers, pesticides, and herbicides.
Updates for clarification —The draft SMP proposes updates for clarification when interpreting
the SMP consistently. Some of the clarifications include:
• Clarification that "a forest practice that only involves timber cutting is not a
development under the act and does not require a Shoreline Substantial Development
Permit or a shoreline exemption. A forest practice that includes activities other than
timber cutting may be a development under the act and may require a Substantial
Development Permit, as required by WAC 222-50-020."
• Clarification that accessory and appurtenant structures are not allowed prior to a single-
family residence being constructed in the shoreline jurisdiction. Currently the SMP only
states accessory structures, but appurtenant structures have similar restrictions.
• Addition of activities that are exempt from the SMP review and approval. Currently, the
SMP references RCW 90.58.355. For consistency in interpreting the SMP, a list was
added in SMP 7.02.02B.
2
• Clarification that development does not include "dismantling or removing structures if
there is no other associated development or re-development."
• Clarification that residential development is "development associated with the creation
of new residential lots through land division" instead of "creation of new residential lots
through land division."
• Update the definition of "Substantial Development" to include updated cost threshold
for substantial development represented in the WAC 173-27-040. The cost threshold is
being updated from "$6,416.00" to "$7,047.00 or as otherwise amended."
Updates to Lewis County Code sections — The draft SMP proposes updates for the following
code sections in the Lewis County Code:
• LCC 15.35 Flood Damage Prevention — This update provides clarification of the Joint
Aquatics Resources Permit Application form. The terminology in LCC 15.35 is currently
incorrect and refers to the state application form as a permit.
• LCC 17.25 Shoreline Master Program — This update provides an updated date for when
the Shoreline Master Program was last amended.
• LCC 17,38 Critical Areas — This update modifies the CAO applicability section to
incorporate the shoreline when identified in the SMP.
C. EXHIBITS
SMP Update Chart 04.23.2021
WA Department of Ecology Periodic Review Checklist
Draft SMP 04.23.2021
Draft LCC 15.35 04.23.2021
Draft LCC 17.25 04.23.2021
Draft LCC 17.38 04.23.2021
D. WEBLINKS REFERENCED
Information relating to the Shoreline Master Program Periodic Review:
https://lewiscountywa.gov/departments/community-development/track-planning-
projects/shoreline-master-program-periodic-review/
Draft Shoreline Master Program:
https.//lewiscountywa.gov/departments/community-development/track-planning-
projects/shoreline-master-program-periodic-review/shoreline-master-program-periodic-
review-draft/
3
LEWIS COUNTY PLANNING COMMISSION
Lone Spogen,Chair
LETTER OF TRANSMITTAL
To: Lewis County Board of County Commissioners
From: Lewis County Planning Commission
Date: June 8, 2021
Subject: Transmittal to the BOCC: Findings and Conclusions regarding Draft Revisions to Lewis
County Shoreline Master Program
Dear Commissioners:
The purpose of this report is to transmit the draft revisions to the Lewis County Shoreline
Master Program (SMP) to the Lewis County Board of County Commissioners (BOCC) for board
consideration.
General findings of fact:
1. As required by the State Shoreline Management Act (SMA) (RCW 90.58), local governments
are required to prepare and adopt an SMP based on the State's SMP Guidelines.
2. Lewis County last adopted the Shoreline Master Program in 2017.
3. RCW 90.58.080(4)(a) requires counties to periodically review their SMP to ensure the SMP
stays current with changes in laws and rules, remains consistent with other Lewis County
plans and regulations, and is responsive to changed circumstances, new information and
improved data.
4. Lewis County is undertaking their periodic review and prepared a draft SMP with associated
amendments to Lewis County Code (LCC) 15.35 Flood Damage Prevention, LCC 17.25
Shoreline Management, and LCC 17.38 Critical Areas.
5. Lewis County Planning Commission had three open public workshops on January 26, 2021,
February 9, 2021 and May 11, 2021.
6. Staff at Lewis County issued a SEPA Determination of Nonsignificance for the draft on May
11, 2021.
7. Staff at Lewis County sent the draft to Washington State Department of Commerce on April
28, 2021 for the 60-day review.
8. The Planning Commission held a duly noticed Public Hearing on the proposed SMP update at
its meeting of June 8, 2021
June 8, 2021 Page 1 of 1
Letter of Transmittal Lewis County Code Amendment
9. The Planning Commission deliberated the proposed revisions following the Public Hearing
and voted to recommend that the BOCC approve of the proposal as written.
Conclusions
Based on the above findings and conclusions, the Planning Commission recommends that the
Lewis County BOCC review the proposed SMP, LCC 15.35, LCC 17.25, and LCC 17.38 and forward
the documents to the Department of Ecology for their review and ultimate approval.
Being duly authorized to transmit the recommendations on behalf of the Lewis County Planning
Commission, I hereby respectfully submit this to the Lewis County Board of County
Commissioners. ,
Submitted b Date ` ' .._.C1j�
y � y r
Lorie Spogen, C it
Lewis County Planning Commission
June 8, 2021 Page 2 of 1
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: June 15, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Consent to forward the draft Shoreline Master Program to Washington State Department of Ecology
for review and comment
Contact: Lee Napier Phone: 360-740-2606
Department: CD - Community Development
Description:
Lewis County Community Development is seeking consent from the BoCC to forward the draft
Shoreline Master Program to Ecology for their review and comment prior to the BoCC holding a
Public Hearing to thoroughly review and consider the proposal for adoption. The draft Shoreline
Master Program is part of the eight-year periodic review cycle required by the Washington State
Shoreline Management Act (SMA) RCW 90.58.080(4).
Approvals: Publication Requirements:
Publications:
User Status
None at this time.
PA's Office Pending
Additional Copies: Cover Letter To:
Brianna Uy, Pat Anderson, Lee Napier