NOH: Ord 1334 to consider amendments to County Code (Chapter 17.110) to consolidate administrative appeals process for SEPA Determination on Type V non-project actions with underlying permit. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 22-203
NOTICE OF A PUBLIC HEARING FOR ORDINANCE
1334 TO CONSIDER AMENDMENTS TO THE
LEWIS COUNTY CODE CHAPTER 17.110 TO
CONSOLIDATE THE ADMINISTRATIVE APPEALS
PROCESS FOR A SEPA DETERMINATION ON TYPE
V NON-PROJECT ACTIONS WITH THE
UNDERLYING PERMIT
WHEREAS, the Lewis County Community Development is proposing to amend
Chapter 17.110 (State Environmental Policy Act) of the Lewis County Code to
consolidate the administrative appeals process for SEPA determinations on Type V
non-project actions with the underlying permit; and
WHEREAS, a public hearing was held by the Lewis County Planning Commission
(PC) on June 14, 2022, during which the PC considered testimony and voted to
approve transmittal of a recommendation to the Board of County Commissioners
(BOCC) to adopt amendments to Chapters 17.110 of the Lewis County Code; and
WHEREAS, publication of notice and a hearing before the BOCC is required in
order to take public testimony and formal action on the proposed amendments to
the Lewis County Code, Chapter 17, Land Use and Development Regulations.
NOW THEREFORE BE IT RESOLVED that a hearing before the BOCC is hereby
scheduled to take place at or after 10 a.m. on August 9, 2022, to receive public
testimony on Ordinance 1334, which would amend Chapters 17.110 (State
Environmental Policy Act) of the Lewis County Code; and
NOW THEREFORE BE IT FURTHER RESOLVED that the Clerk of the Board is
hereby instructed to proceed with all appropriate and necessary notifications,
postings and publications as required by law.
DONE IN OPEN SESSION this 12th day of July, 2022.
Page 1 of 2 Res. 22-203
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Lindsey R. Pollock, DVM
By: Amber Smith, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
ATTEST: •.•;uNTY qS•. Absent
�0"PRDOF
,
Rieva Lester, Clerk of the Boar ,- `NCE Sean D. Swope, Vice Chair
S V)
1%45 ;
Lara McRea ••'�s CO"-`°s`:.* F. Lee Grose
9
''�CTOP�S
By: Lara McRea F. Lee Grose, Commissioner
Page 2 of 2 Res. 22-203
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 on August 9,2022 to receive public testimony on proposed amendment to Lewis
County Code 17.110,State Environmental Policy Act.
The hearing will take place at or after 10 a.m. 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 least
24 hours in advance of the meeting on the Lewis County Agendas& Calendar webpage.
The public hearing will consider amendments to the Lewis County Code Chapter 17.110 to consolidate
the administrative appeals process for a SEPA Determination on a Type V non-project actions with the
underlying permit. The amendment better streamlines the permitting process and complies with state
law RCW 43.12C.075.The code amendments were the subject of a duly notice public hearing before the
Lewis County Planning Commission on June 14, 2022.
Details about the proposal will be available online at the agenda link provided above. Please select the
agenda for July 12 (Notice)or August 9 (Hearing)to see the draft ordinance.The draft is subject to change
before or at the hearing. If you wish to receive a paper copy of the proposal, contact Megan Sathre at
megan.sathre@lewiscountywa.gov or(360)740-2677 and a copy will be mailed to you.
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 by emailing Mindy Brooks, Senior Long Range Planner, at
mindy.brooks@lewiscountywa.gov or postal mail to Community Development, c/o Mindy Brooks, 2025
NE Kresky Ave.,Chehalis, WA 98532.
To sign up for Community Development email announcements, please visit:
http://lewiscountywa.gov/communitydevelopment/receive-email-announcements
The meeting site is barrier free.
People needing special accommodations should contact the phone number shown above 72 hours in
advance of the meeting.
PUBLISH:July 14, 2022 in The Chronicle
/Rieva Lester
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY,WASHINGTON
APPROVE AMEDMENTS TO CHAPTERS 17.110(STATE )
ENVIORNMENTAL POLICY ACT)OF THE ) ORDINANCE 1334
LEWIS COUNTY CODE )
WHEREAS, as provided for by RCW 36.70A.130,the Lewis County Planning Commission elected to
conduct a periodic review and update of Title 17, Land Use and Development Regulations,of the Lewis
County Code (LCC)to ensure the plan and regulations comply with the Washington State Growth
Management Act; and
WHEREAS, RCW 43.21C.440 allows for adoption of comprehensive plan amendments necessary to enact
a planned action including amendments to development regulations that are consistent with a
comprehensive plan adopted under RCW 36.70A; and
WHEREAS,WAC 365-196-620 sates that counties must comply with the State Environmental Policy Act
when adopting new or amended comprehensive plans and development regulations; and
WHEREAS, RCW 43.12C.075 states that appeals of the governmental action shall be combined with its
accompanying environmental determinations; and
WHEREAS,the LCC amendments shown in Exhibit A are consistent with RCW 36.70A, RCW 43.12C.075
and WAC 365-196-620; and
WHEREAS, staff provided notice for a public hearing on the proposed code amendments in the manner
prescribed in Chapter 17.05 and 17.12 LCC on May 26, 2022; and
WHEREAS, on June 14, 2022, the Lewis County Planning Commission held a public hearing on the
proposed code amendment shown in Exhibits A; and
WHEREAS,following the public hearing, the Planning Commission deliberated and determined that the
proposed amendments met the intent and requirements of the Growth Management Act, were
consistent with the Lewis County Comprehensive Plan and were in accordance with the public interest;
and
WHEREAS,on July 12, 2022,the Lewis County Board of County Commissioners(BOCC) passed Res. 22-
###to hold a public hearing on Ordinance 1334 and directed the Clerk of the Board to provide notice of
the hearing; and
WHEREAS,the BOCC held a duly noticed public hearing on the proposed amendments to Chapter
17.110 LCC on August 2, 2022; and
WHEREAS,the BOCC finds the proposed amendments to LCC Title 17.110 to be in the best public
interest.
NOW THEREFORE BE IT RESOLVED the Board of County Commissioners hereby adopts amendments to
Title 17.110 of Lewis County Code as shown in Exhibit A.
PASSED IN REGULAR SESSION THIS day of , 2022.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON
By: Civil Deputy Prosecuting Attorney Lyndsey R. Pollock, DVM, Chair
ATTEST: Sean Swope,Vice Chair
Rieva Lester,Clerk of the Board F. Lee Grose, Commissioner
LEWIS COUNTY PLANNING COMMISSION
Lorie Spogen, Chair
LETTER OF TRANSMITTAL
To: Lewis County Board of County Commissioners
From: Lewis County Planning Commission
Date: June 15, 2022
Subject: Transmittal to the BOCC—Amendment to Lewis County Code, Chapter
17.110, regarding the SEPA Appeal Process
Dear Commissioners:
The purpose of this report is to transmit to the Board of County Commissioners (BOCC) an
amendment to Lewis County Code (LCC) 17.110, State Environmental Policy Act, which would
remove redundancy by adding the following underlined text to subsection LLC 17.110.130(1):
"Those aggrieved by the requirements, decisions, or determinations made by the responsible
official in the completion of the threshold determination process may appeal such decisions to
the Hearing Examiner pursuant to Chapter 2.25 LCC; except, there is no administrative appeal for
procedural issues or for substantive issues of a SEPA threshold determination on a Type V non-
project actions or Type V site-specific rezone applications." See Attachment A, page 2.
Today there are two appeal periods for Type V permits: 1) is an administrative appeal period of 7
days following the SEPA determination; and 2) is two appeal periods, 21 days for procedural and
60 days for substantive, following the final decision by BOCC. The amendment would remove
the first appeal period and consolidate it with the appeal periods that follow the final decision.
The underlying final BOCC decision on a Type V non-project action (e.g., amendment to a
development regulation) or site-specific rezone or UGA amendment, could still be appealed for
either procedural issues or substantive issues, including any issues associated with the SEPA
determination. This consolidated with the underlying decision streamlines the process and
better complies with state law RCW 43.12C.075.
Staff also recommend making two minor clerical amendments, see Attachment A, page 2 and 4.
First, LLC 17.110. 130(2) the deadline for submitting an appeal is revised from 4:30pm to 4:00pm
because the cash registers are closed at 4:00pm to allow for daily accounting. Second, LLC
17.110.130(5) reference to LLC 17.20 is updated because 17.20 has been amended to include
subsections. Neither of these is a substantive change.
Letter of Transmittal—Amendments to Lewis County Code 17.110,State Environmental Policy Act 1
• 4.
Findings of Fact
1. Lewis County is required by RCW 36.70A.130 to periodically review and evaluate its
comprehensive land use plan and development regulations to ensure the plan and regulations
comply with the Washington State Growth Management Act; and
2. WAC 365-196-620 sates that counties must comply with the State Environmental Policy Act
when adopting new or amended comprehensive plans and development regulations; and
3. The LCC Chapter 17.110.130 was last amended in June 2021 by Ordinance No. 1170C; and
4. RCW 43.12C.075 states that appeals of the governmental action shall be combined with its
accompanying environmental determinations. The proposed amendment to LCC 17.110.130
will combine the SEPA determination administrative appeal process with underlying Type V
non-project action, such as amendments to development regulations, or Type V site-specific
actions such as rezones or UGA amendments;and
5. Staff provided notice for a public hearing on the proposed code amendments in the manner
prescribed in LCC 17.05 and 17.12 on May 26,2022;and
6. On June 14, 2022, the Lewis County Planning Commission held a public hearing on the
proposed code amendments in LCC 17.110 (Exhibit A); and
7. Following the public hearing, the Planning Commission deliberated and determined that the
proposed amendments met the intent and requirements of the Growth Management Act and
were in accordance with the public interest.
Recommendation
Based on the above findings,the Lewis County Planning Commission recommends that the Board
of County Commissioners pass an ordinance that adopts the proposed changes to LCC Chapter
17.110, State Environmental Policy Act.
Being duly authorized to transmit the recommendations on behalf of the Lewis County Planning
Commission, I hereby respectfully submit the documents to the Lewis County Board of County
Commissioners.
Exhibits:
A. Lewis County Code Chapter 17.110
Submitted by Date 4 -
Lorie Spogen, hair
Lewis County Plann g Commission
Letter of Transmittal—Amendments to Lewis County Code 17.110,State Environmental Policy Act 2
EXHIBIT A-AMENDMENTS TO LEWIS COUNTY CODE 17.110-STATE ENVIRONMENTAL POLICY
ACT
Code text to be removed is shown with a strike through and code text to be added is shown with an
underline.
CHAPTER 17.110, STATE ENVIRONMENTAL POLICY ACT
Article I. Title
[No change]
Article II. Authority
[No change]
Article III. General Requirements
[No change]
Article IV. Categorical Exemptions and Threshold Determinations
17.110.080 Determinations.
[No change]
17.110.090 Flexible thresholds for categorical exemptions.
[No change]
17.110.100 Use of exemptions.
[No change]
17.110.110 Environmental checklist.
[No change]
17.110.120 Mitigated DNS.
[No change]
17.110.130 Appeals of threshold determinations.
LCC 17.110, State Environmental Policy Act Pg. 1 of 5
(1) Those aggrieved by the requirements, decisions, or determinations made by the responsible
official in the completion of the threshold determination process may appeal such decisions to
the Hearing Examiner pursuant to Chapter 2.25 LCC; except, there is no administrative appeal for
procedural issues or for substantive issues of a SEPA threshold determination on a Type V non-
project actions or Type V site-specific rezone applications.
(2) For proposals which do not involve another agency with jurisdiction, an appeal of a threshold
determination must be received by the Hearings Examiner within fourteen (14) calendar days
(and not later than four-+— y-p.m. on the last day for such filing) of the date of issuance of the
threshold determination or, if there is a comment period under WAC 197-11-340, within seven
(7) calendar days of the last day of the comment period. If the last day of the appeal period is a
holiday or a weekend, the appeal must be filed by four thirty p.m. on the first weekday following
such holiday or weekend.
(3) Public hearings on appeals of a determination of significance, mitigated determination of non-
significance, or determination of non-significance shall occur prior to any decision by the
Hearings Examiner. If the underlying proposal is reviewed by the Hearings Examiner, the SEPA
appeal may be heard in concurrence with the public hearing on the underlying appeal, in
accordance with Ch. 36.70B RCW.
(4) Appeals shall be made in writing and filed in duplicate with the department of community
development with the appropriate filing fee.
(5) Those aggrieved by the decision of Hearing Examiner on any appeal may appeal such decision
to the superior court of Lewis County pursuant to Chapter 36.70C.
Article V. Environmental Impact Statement (EIS)
[No change]
Article VI. Commenting
[No change]
Article VII. Using Existing Environmental Documents
[No change]
Article VIII. SEPA and Agency Decisions
17.110.200 Rules and policies.
[No change]
LCC 17.110, State Environmental Policy Act Pg. 2 of 5
17.110.210 Substantive authority.
(1) The policies and goals set forth in this chapter are supplementary to those in the existing
authorization of Lewis County.
(2) The county may attach conditions to a permit or approval for a proposal as long as:
(a) Such conditions are necessary to mitigate specific probable adverse
environmental impacts identified in environmental documents prepared pursuant
to this chapter; and
(b) Such conditions are in writing; and
(c) The mitigation measures included in such conditions are reasonable and capable
of being accomplished; and
(d) The county has considered whether other local, state, or federal mitigation
measures applied to the proposal are sufficient to mitigate the identified impacts;
and
(e) Such conditions are based on one or more policies in subsection (4) of this
section and cited in the license or other decision document.
(3) The county may deny a permit or approval for a proposal on the basis of SEPA as long as:
(a) A finding is made that approving the proposal would result in probable
significant adverse environmental impacts that are identified in a FEIS or final SEIS
prepared pursuant to this chapter; and
(b) A finding is made that there are no reasonable mitigation measures capable of
being accomplished that are sufficient to mitigate the identified impact; and
(c) The denial is based on one or more policies identified in subsection (4) of this
section and identified in writing in the decision document.
(4) The county designates and adopts by reference the following policies as the basis for the
county's exercise of authority pursuant to this section:
(a) The county shall use all practicable means, consistent with other essential
considerations of state policy, to improve and coordinate plans, functions,
programs, and resources to the end that the state and its citizens may:
i. Fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations,
LCC 17.110, State Environmental Policy Act Pg. 3 of 5
ii. Assure for all people of Washington safe, healthful, productive, and aesthetically and
culturally pleasing surroundings,
iii. Attain the widest range of beneficial uses of the environment without degradation,
risk to health or safety, or other undesirable and unintended consequences,
iv. Preserve important historic, cultural, and natural aspects of our national heritage,
v. Maintain, wherever possible, an environment which supports diversity and variety of
individual choice,
vi. Achieve a balance between population and resource use which will permit high
standards of living and a wide sharing of life's amenities, and
vii. Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources;
(b) The county recognizes that each person has a fundamental and inalienable right to a
healthful environment and that each person has a responsibility to contribute to the
preservation and enhancement of the environment.
(5) Except for permits and variances issued pursuant to Chapter 17.20A, 17.20B, 17.20C, 17.20D and
17.20E LCC, when any proposal or action not requiring a decision of the Hearing Examiner is
conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be
appealable to the Hearing Examiner. Such appeal may be perfected by the proponent or any
aggrieved party by giving notice to the responsible official within 10 days of the decision being
appealed. Review by the Hearing Examiner shall be on a de novo basis.
17.110.220 Notice - Statute of limitations.
[No change]
Article IX. Definitions
[No change]
Article X. Categorical Exemptions
[No change]
Article Xl.Agency Compliance
[No change]
LCC 17.110, State Environmental Policy Act Pg. 4 of 5
Article XII. Forms
[No change]
LCC 17.110, State Environmental Policy Act Pg. 5 of 5
' BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: July 12, 2022
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Notice of a public hearing for Ordinance 1334 to consider amendments to the Lewis County Code
Chapter 17.110 to consolidate the administrative appeals process for a SEPA Determination on
Type V non-project actions with the underlying permit
Contact: Mindy Brooks Phone: 3607402610
Department: CD - Community Development
Description:
Notice of a public hearing for Ordinance 1334 to consider amendments to the Lewis County Code
Chapter 17.110 to consolidate the administrative appeals process for a SEPA Determination on
Type V non-project actions with the underlying permit
Approvals: Publication Requirements:
Publications:
User Status The Chronicle
PA's Office Pending
Additional Copies: Cover Letter To: