NOH to consider Ordinance 1327, an ordinance to amend LCC 17.38 Critical Areas BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-308
NOTICE OF PUBLIC HEARING TO CONSIDER
ORDINANCE 1327, AN ORDINANCE TO AMEND
LEWIS COUNTY CODE (LCC) 17.38 CRITICAL
AREAS
WHEREAS, 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; 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 as part of the periodic review undertaking prepared a
draft SMP with associated 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 workshops on the draft
amendments to LCC 15.35 Flood Damage Prevention, LCC 17.25 Shoreline
Management, and LCC 17.38 Critical Areas on January 26, 2021, February 9, 2021
and May 11, 2021; and held a duly noticed public hearing on the amendment on
June 8, 2021; and
WHEREAS, following the public hearing, the Planning Commission voted
unanimously to transmit the amendment to the Lewis County Board of County of
Commissioners.
NOW THEREFORE BE IT RESOLVED that a hearing before the Board of County
Commissioners is hereby scheduled for September 14, 2021, to take public
testimony and/or written comment on the adoption of Ordinance 1327, amending
Chapter 17.38 Critical Areas of the Lewis County Code; and
NOW THEREFORE 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 changes as required by law.
DONE IN OPEN SESSION this 24th day of August, 2021.
Page 1 of 2 Res. 21-308
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: •s�°`"'` !��s,,. Lindsey R. Pollock, DVM
♦ gD of
.c.3
"°P L se R. Pollock, DVM, Vice Chair
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•�I S o:
.4' 1845 �w;p
Rieva Lester '49s `-°"•s\'•• Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-308
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. J
Submitted by �iLc.c..— Date
Lorie Spogen, C it
Lewis County Planning Commission
June 8, 2021 Page 2 of 1
NOTICE OF PUBLIC HEARING 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 a public hearing to adopt Ordinance 1327. The hearing will take place at or
after 10 a.m. September 14, 2021, in the Commissioners' Hearing Room on the second floor of the
Historic Courthouse in Chehalis, Washington. Interested parties are encouraged to check the
Commissioners' Business Meeting agenda for the Zoom log-in details. The agenda will be posted at
https://lewiscountywa.gov/offices/comrnissioners/agendas-calendar/at least 24 hours in advance of
the meeting.
The public hearing will consider Ordinance 1327,which amends Lewis County Code Chapters 17.38
Critical Areas of Lewis County.
During the hearing, 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:
Lee Napier lee.napier@lewiscountywa.gov
Details about the proposal are available at https://lewiscountywa.gov/departments/community-
develo_Rment/track-planning-proiects/shoreline-master-program-periodic-reviewl Printed copies are
available at the Lewis County Community Development Department at 2025 NE Kresky Ave., Chehalis
WA. Due to COVID-19 and the physical closures of the Timberland Regional Libraries and Senior
Centers, copies are not available at those locations. If you wish to receive a paper copy of the proposals,
contact Community Development at 360.740.1146 and a copy will be mailed to you.
The meeting site is barrier free. People needing special assistance or accommodations should contact
Rieva Lester at 360.740.1419 at the Community Development Department 72 hours in advance of the
meeting.
Rieva Lester/Publish in the Chronicle and East County Journal on August 26 and September 1 2021
IFORDINANCE 1327 D
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS,
AMENDING THE LEWIS COUNTY CODE CHAPTER )
17.38 CRITICAL AREAS
WHEREAS, RCW 36.70A.040 requires Lewis County to plan under and in accordance with the Growth
Management Act; and
WHEREAS, RCW 36.70A.060 (2) requires Lewis County to adopt development regulations that protect
critical areas;and
WHEREAS, Lewis County protects critical areas under Chapter 17.38 of the Lewis County Code (LCC);and
WHEREAS, RCW 36.70A.172 requires Lewis County to adopt best available science for protecting the
functions and values of critical areas; and
WHEREAS,the Washington State Department of Ecology adopted new best available science in July
2018 that provided Modifications for Habitat Score Ranges for wetland critical areas; and
WHEREAS, Lewis County proposes incorporating the July 2018 best available science for Habitat Score
Ranges into Sections 17.38.250(1)(a)(iv), 17.38.270(1)(a), and 17.38.280(1)(b); and
WHEREAS,adoption of the 2021 Lewis County shoreline master program requires minor changes to
Sections 17.38.020 and 17.38.930 to clarify administrative procedures;and
WHEREAS, Lewis County held open public workshops with the Lewis County Planning Commission on
January 26, 2021, February 9, 2021 and May 11, 2021 to discuss integrating aforesaid amendments to
Chapter 17.38 LCC;and
WHEREAS, staff at Lewis County issued a SEPA Determination of Nonsignificance for the draft on May
11, 2021; and
WHEREAS,staff at Lewis County sent the draft to Washington State Department of Commerce on April
28, 2021 for the 60 day review;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 17.12;
and
WHEREAS,following the public hearing,the Lewis County Planning Commission voted unanimously to
recommend approval of the amendments to Chapter 17.38 LCC to the Lewis County Board of County
1
Commissioners (BoCC)for their consideration; and
WHEREAS, on August 24, 2021,the BOCC passed Res. 21-XXX to hold a public hearing on Ordinance
1327, and directed the Clerk of the Board to provide notice of the hearing; and
WHEREAS,the Lewis County BoCC held a duly noticed public hearing on the proposed amendments on
September 14, 2021; and
WHEREAS,the Lewis County BoCC finds that the proposed amendments to Chapter 17.38 LCC are
consistent with the Chapter 36.70A RCW and best serves the residents of Lewis County given the
requirements of state law;
NOW,THEREFORE BE IT HEREBY ORDAINED that the Lewis County BoCC approve the following;
Section 1. Amendment to 17.38.020(2),Applicability.
Administrative provisions of this chapter do not apply to lands in within the jurisdiction of the Shoreline
Management Act(SMA).
Management Act(SMA). Projects within the jurisdiction of the SMA shall be processed under the Lewis
County shoreline master program, SMP Chapter 7,Shoreline Administration.
Section 2. Amendment to 17.38.250(1)(a)(iv) Exemption from the requirement to avoid impacts.
Do not score fide six or more points for habitat function based on the 2014 update to the Washington State
Wetland Rating System for Western Washington:2014 Update(Ecology Publication No. 14-06-029,or as
revised and approved by Ecology).
Section 3. Amendment to 17.38.270(1)(a) Buffers.
Table 17.38-3
Impact Level
Category I Wetlands Low Moderate High
High level of function for habitat (score for habitat 9 150 225 260/3001
points)
Wetlands of high conservation value 125 190 250
Bogs 125 190 250
Forested Buffer width to be based on score for habitat
functions or water quality functions
Moderate level of function for habitat (score for 75 110 150
habitat 5 6-7 points)
High level of function for water quality improvement (8
-9 points) and low for habitat (fess than 5 points or 50 75 100
' less)
2
Impact Level
Not meeting any of the above characteristics 50 75 100
Category II Wetlands Low Moderate High
High level of function for habitat (score for habitat 8 -9 150 225 260/3001
points)
Moderate level of function for habitat (score for 75 110 150
habitat 6- 7 points)
High level of function for water quality improvement
and low for habitat (score for water quality 8 -9 50 75 100
points; habitat 5 points or less)
Not meeting above characteristics 50 75 100
Category III Wetlands Low Moderate High
Moderate level of function for habitat(score for
habitat 5 6 - 7 points)* 75 110 150
*If wetland scores 8 -9 habitat points, use Category II
buffers for high level of function for habitat.
Score for habitat 3 4 points. Low level of function for 40 60 80
habitat (score for habitat 5 points or less)
Category IV Wetlands Low Moderate High
Score for all 3 basic functions is less than 16 points 25 40 50
Buffers are 260 feet for eight habitat points and 300 feet for nine habitat points.
(b)Other Protections. Uses with proximity impacts,such as noise, light,glare or other
characteristics that may affect wetland ecological functions, may be required to provide greater
buffers than indicated,or to provide site design and layout,or operational measures, that reduce
project impacts to levels appropriate to the designated buffer. Elements to reduce potential buffer
impacts include screening the buffer edge with dense plantings or fencing, and other items.
Section 4. Amendment to 17.38.280(1)(a)and (b),Buffer width reduction.
(1) Reduction in Buffer Width by Reducing the Intensity of Land Use Impacts.The widths of buffers
recommended for proposed land uses with high-intensity impacts can be reduced to the buffers
recommended for moderate-intensity impacts under the following conditions:
(a) For wetlands that score moderate or high for habitat (five six points or more for the habitat
functions),the width of the buffer can be reduced if both of the following criteria are met:
(i)A relatively undisturbed,vegetated corridor at least 100 feet wide is protected between the
wetland and any other priority habitats as defined by the Washington state Department of Fish
and Wildlife.The latest definitions of priority habitats and their locations are available on the
WDFW website at: http://wdfw.wa.gov/hab/phshabs.htm. The corridor must be protected for
the entire distance between the wetland and the priority habitat by some type of legal
3
protection such as a conservation easement.
(ii) Measures to minimize the impacts of different land uses on wetlands, such as the examples
summarized in Table 17.38-4, are applied; provided, that the administrator may approve of
alternative impact reduction measures that are demonstrated to have equivalent effectiveness
in reducing impacts on wetland functions.
(b) For wetlands that score acss than five or less points for habitat,the buffer width can be reduced
to that required for moderate land-use impacts by applying the measures to minimize the impacts
of the proposed land uses (see examples in Table 17.38-4).
Section 5. Amendment to 17.38.930 Standards for permit decisions.
Development within designated frequently flooded areas shall be in compliance with Chapter 15.35 LCC,
as now or hereafter amended, and/or the Lewis County shoreline master program where applicable, as
now or hereafter amended.
SECTION 6.All provisions of the Lewis County Code not specifically addressed herein shall remain in full
force and effect.
SECTION 7. If any part of this ordinance is found to be invalid by a court of competent jurisdiction,the
remainder of the ordinance shall remain valid and continue in full force and effect.
SECTION 8.This ordinance is in the public interest and shall be effective immediately.
PASSED IN REGULAR SESSION THIS DAY OF , 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
By: Deputy Prosecuting Attorney Gary Stamper, Cia{r
ATTEST: Lindsey •.1)+ck, DVM, Vice Chair
Rieva Lester, Clerk of the Board Sean Swope, Commissioner
4
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Aug. 24, 2021
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Notice of Public Hearing to consider Ordinance 1327, an ordinance to amend Lewis County Code
(LCC) 17.38 Critical Areas
Contact: Lee Napier Phone: 360.740.2606
Department: CD - Community Development
Description:
Notice of Hearing for Ordinance 1327, amending Lewis County Code (LCC) 17.38 Critical Areas
Approvals: Publication Requirements:
Publications:
User Status The Chronicle and The East County Journal
PA's Office Pending
Additional Copies: Cover Letter To:
Mindy Brooks