Ord 1327: NOH to consider Ordinance 1327 and to amend Lewis County Code 17.38, Critical Areas. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: ORDINANCE NO. 1327
PUBLIC HEARING TO CONSIDER ORDINANCE
1327 AND TO AMEND LEWIS COUNTY CODE
17.38, CRITICAL AREAS
NOW THEREFORE BE IT ORDAINED
DONE IN OPEN SESSION this 14th day of September, 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Absent
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
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ATTEST: •'�°�" =µ�s' LindseyR. Pollock, DVM
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SING L isey R. Pollock, DVM, Vice Chair
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Rieva Lester Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 1 of 1 Ord. 1327
ORDINANCE 1327
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
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Commissioners (BoCC)for their consideration; and
WHEREAS, on August 24, 2021, the BOCC passed Res. 21-308 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 five 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 6-7 points)
High level of function for water quality improvement(8
-9 points) and low for habitat (less than 5 points or 50 75 100
less)
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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 8-9 150 225 260/300'
points)
Moderate level of function for habitat(score for 75 110 150
habitat 5 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
1 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
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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 less tom„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{ar 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, Chair
cif
ATTEST: Lindsey . Pollock, DV , Vice Chair
Rieva Lester, Clerk of the Board Sean Swope, Commissioner
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BOCC AGENDA ITEM SUMMARY
BOCC Meeting Date: Sept. 14, 2021
Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance
Public hearing to consider Ordinance 1327 and to amend Lewis County Code 17.38, Critical Areas
Contact: Mindy Brooks Phone: 360-740-2610
Department: CD - Community Development
Description:
Public hearing to consider Ordinance 1327 and to amend Lewis County Code 17.38, Critical Areas.
Approvals: Publication Requirements:
Publications:
User Status N/A
PA's Office Pending
Additional Copies: Cover Letter To:
Lee Napier, Karen Witherspoon, Preston N/A
Pinkston, Mindy Brooks