NOH to consider Ordinance 1328, an ordinance to amend LCC 15.35 Flood Damage Prevention. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-309
NOTICE OF PUBLIC HEARING TO CONSIDER
ORDINANCE 1328, AN ORDINANCE TO AMEND
LEWIS COUNTY CODE (LCC) 15.35 FLOOD
DAMAGE PREVENTION
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 1328, amending
Chapter 15.35 Flood Damage Prevention 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. 21-309
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
�ooF y Lindsey R. Pollock, DVM
ATTEST: •c�-- -19Sp.
`lP L�iisey R. Pollock, DVM, Vice Chair
S��CE
. 1,845
Rieva Lester '�sy "` `•0: Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-309
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 1of1
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 80CC 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 by 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 1328.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/commissioners/agendas-calendar/at least 24 hours in advance of
the meeting.
The public hearing will consider Ordinance 1328, which corrects a minor error under Lewis County Code
Section 15.35.510, Shoreline Management Permits.
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_
developmenJtrack-planning_rolectsishoreline=master-program_periodic_review/ 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 12021
D
ORDINANCE 1328
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS,
CORRECTING A MINOR ERROR UNDER LEWIS
COUNTY CODE SECTION 15.35.150, SHORELINE )
MANAGEMENT PERMITS
WHEREAS, Lewis County promotes the public health,safety,and general welfare by minimizing public
and private losses due to flood conditions in specific areas;and
WHEREAS, Lewis County Code (LCC)Section 15.35, Flood Damage Prevention, establishes requirements
for preventing flood damage in specific areas; and
WHEREAS,Section 15.35.150 establishes procedures for obtaining shoreline management and
floodplain development permits; and
WHEREAS,Section 15.35.150 errors in referencing the joint aquatics resources application (JARPA) as a
"joint aquatics application permit;" and
WHEREAS, Lewis County proposes correcting this error by amending Section 15.35.150 by replacing
"joint aquatics application permit"with "joint aquatics resources application (JARPA);" 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 the proposed amendment; 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 amendment to Section 15.35.150 LCC to the Lewis County Board of County
Commissioners (BoCC)for their consideration; and
WHEREAS, on August 24, 2021, the BOCC passed Res. 21-XXX to hold a public hearing on Ordinance
1328, and directed the Clerk of the Board to provide notice of the hearing; and
1
WHEREAS,the Lewis County BoCC held a duly noticed public hearing on the proposed amendment to
Chapter 15.35.150 LCC on September 14, 2021; and
WHEREAS,the Lewis County BoCC finds that the proposed amendment to Section 15.35.150 LCC best
serves the residents of Lewis County;
NOW,THEREFORE BE IT HEREBY ORDAINED that the Lewis County BoCC approve the following;
Section 1. Amend Section 15.35.150 to read as follows:
15.35.150 Shorelinemanagement permits or exemptions.
A shoreline management substantial development permit or exemption shall accompany a joint aquatics
resources application permit application (JARPA)form and a floodplain development permit. A shoreline
management substantial development permit or exemption issued pursuant to Chapter 90.58 RCW
(Shoreline Management Act of 1971) and the Lewis County shoreline management master program and
Chapter 17.25 LCC may serve as the flood hazard zone permit for those developments and structures
that are within both a flood hazard zone and an area under jurisdiction of the Shoreline Management
Act. [Ord. 1245 §1, 2013; Ord. 1145C§3, 2000; Ord. 1157, 1998; Ord. 1145 §6(A)(4), 1995]
SECTION 2.All provisions of the Lewis County Code not specifically addressed herein shall remain in full
force and effect.
SECTION 3. 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 4.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, Ch.
Nt, vv
ATTEST: Lindsey R. P \LQ:Yck, DVM, Vice Chair
Rieva Lester, Clerk of the Board Sean Swope, Commissioner
2
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 1328, an ordinance to amend Lewis County Code
(LCC) 15.35 Flood Damage Prevention
Contact: Lee Napier Phone: 360.740.2606
Department: CD - Community Development
Description:
Notice of Public Hearing to consider Ordinance 1328, an ordinance to amend Lewis County Code
(LCC) 15.35 Flood Damage Prevention
Approvals: Publication Requirements:
Publications:
User Status The Chronicle and The East County Journal
PA's Office Pending
Additional Copies: Cover Letter To:
Mindy Brooks, Doyle Sanford