This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The county adopts the following sections by reference:
WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county.
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more than one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status.
(Ord. 2011-013, 2011)
1. 
For every environmental checklist the county will review when it is lead agency, the county shall establish a fee by resolution as referenced in Chapter 4.08 and shall collect the fee prior to undertaking a threshold determination.
2. 
For every environmental impact statement, the county shall require fees for its activities in accordance with the provisions of this chapter:
a. 
When the county is the lead agency for a proposal requiring an EIS and the responsible official determines that an EIS shall be prepared by employees of the county, a development agreement will be established between the county and the applicant to insure that the county collects reasonable fee from any applicant to cover costs incurred by the county in preparing the EIS.
b. 
The responsible official may determine that the county will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the county and may bill such costs and expenses directly to the applicant. The county may require the applicant to post bond or otherwise insure payment of such costs. Such consultants shall be selected by mutual agreement of the county and applicant after a call for proposals.
c. 
If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under (a) or (b) of this subsection which remain after incurred costs are paid.
i. 
The county may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by chapter 42.17 RCW.
(Ord. 2011-013, 2011; Ord. 2017-001, 2017)
The responsible official is authorized to adopt further administrative guidelines to provide processing, administration and interpretation of these regulations. All such policies shall be in writing and available to the public in the offices of the department of community development.
(Ord. 2011-013, 2011)
If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances, shall not be affected.
(Ord. 2011-013, 2011)