The city adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. This chapter contains the city's SEPA procedures and policies. Hereafter the SEPA Rules, chapter 197-11 WAC shall be used in conjunction with this chapter.
(Ord. 1261 § 1, 1984)
This section and SMC § 16.04.030 through § 16.04.060 of this chapter contain the basic requirements that apply to the SEPA process. The city adopts the following sections by reference:
WAC 197-11-020(3)
Purpose.
WAC 197-11-030
Policy.
WAC 197-11-040
Definitions.
WAC 197-11-050
Lead agency.
WAC 197-11-055
Timing of the SEPA process.
WAC 197-11-060
Content of environmental review.
WAC 197-11-070
Limitations on actions during SEPA process.
WAC 197-11-080
Incomplete or unavailable information.
WAC 197-11-090
Supporting documents.
WAC 197-11-100
Information required of applicants.
WAC 197-11-158
GMA project review – Reliance on existing plans and regulations.
WAC 197-11-210
SEPA/GMA integration.
WAC 197-11-220
SEPA/GMA definitions.
WAC 197-11-228
Overall SEPA/GMA integration procedures.
WAC 197-11-230
Timing of an integrated GMA/SEPA process.
WAC 197-11-232
SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.
WAC 197-11-235
Documents.
WAC 197-11-238
Monitoring.
WAC 197-11-250
SEPA/Model Toxics Control Act integration.
WAC 197-11-253
SEPA lead agency for MTCA actions.
WAC 197-11-256
Preliminary evaluation.
WAC 197-11-259
Determination of nonsignificance for MTCA remedial actions.
WAC 197-11-262
Determination of significance and EIS for MTCA remedial actions.
WAC 197-11-265
Early scoping for MTCA remedial actions.
WAC 197-11-268
MTCA interim actions.
(Ord. 1261 § 2, 1984; Ord. 1831 § 1, 1998)
A. 
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
1. 
"City"
means the municipal corporation of the city of Sumner and all departments or divisions thereof.
2. 
"City council"
means the city council of the city of Sumner.
3. 
"Department"
means any division, subdivision or organizational unit of the city established by ordinance, resolution, rule or order.
4. 
"Early notice"
means the city's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal.
5. 
"Ordinance"
means the ordinance, resolution or other procedure used by the city to adopt regulatory requirements.
6. 
"Proponent"
means an agency or private applicant proposing an action subject to SEPA.
7. 
"SEPA rules"
means chapter 197-11 WAC adopted by the Department of Ecology as now or hereafter amended.
8. 
"Technical committee"
means the technical committee of the city of Sumner as appointed by the mayor.
B. 
This subsection contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-040 and this chapter:
WAC 197-11-700
Definitions.
WAC 197-11-702
Act.
WAC 197-11-704
Action.
WAC 197-11-706
Addendum.
WAC 197-11-708
Adoption.
WAC 197-11-710
Affected tribe.
WAC 197-11-712
Affecting.
WAC 197-11-714
Agency.
WAC 197-11-716
Applicant.
WAC 197-11-718
Built environment.
WAC 197-11-720
Categorical exemption.
WAC 197-11-721
Closed record appeal.
WAC 197-11-722
Consolidated appeal.
WAC 197-11-724
Consulted agency.
WAC 197-11-726
Cost-benefit analysis.
WAC 197-11-728
County/city.
WAC 197-11-730
Decision maker.
WAC 197-11-732
Department.
WAC 197-11-734
Determination of nonsignificance (DNS).
WAC 197-11-736
Determination of significance (DS).
WAC 197-11-738
EIS.
WAC 197-11-740
Environment.
WAC 197-11-742
Environmental checklist.
WAC 197-11-744
Environmental document.
WAC 197-11-746
Environmental review.
WAC 197-11-748
Environmentally sensitive area.
WAC 197-11-750
Expanded scoping.
WAC 197-11-752
Impacts.
WAC 197-11-754
Incorporation by reference.
WAC 197-11-756
Lands covered by water.
WAC 197-11-758
Lead agency.
WAC 197-11-760
License.
WAC 197-11-762
Local agency.
WAC 197-11-764
Major action.
WAC 197-11-766
Mitigated DNS.
WAC 197-11-768
Mitigation.
WAC 197-11-770
Natural environment.
WAC 197-11-772
NEPA.
WAC 197-11-774
Nonproject.
WAC 197-11-775
Open record hearing.
WAC 197-11-776
Phased review.
WAC 197-11-778
Preparation.
WAC 197-11-780
Private project.
WAC 197-11-782
Probable.
WAC 197-11-784
Proposal.
WAC 197-11-786
Reasonable alternative.
WAC 197-11-788
Responsible official.
WAC 197-11-790
SEPA.
WAC 197-11-792
Scope.
WAC 197-11-793
Scoping.
WAC 197-11-794
Significant.
WAC 197-11-796
State agency.
WAC 197-11-797
Threshold determination.
WAC 197-11-799
Underlying governmental action.
(Ord. 1261 §§ 3, 21, 1984; Ord. 1642 § 1, 1994; Ord. 1831 § 2, 1998)
For those proposals for which the city is the lead agency, the responsible official shall be the community development director.
A. 
For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.
B. 
The city shall retain all documents required by the SEPA rules (chapter 197-11 WAC) and make them available in accordance with chapter 42.17 RCW.
(Ord. 1261 § 4, 1984; Ord. 1695 § 1, 1995)
A. 
The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.
B. 
When the city is the lead agency for a proposal, the department receiving the application shall forward it to the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
C. 
When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.
D. 
If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the city must petition the department of ecology for a lead agency determination under WAC 197-11-946 within a 15-day period. Any such petition on behalf of city may be initiated by the responsible official.
E. 
The city is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official that will incur responsibilities as the result of such agreement approves the agreement.
F. 
When the city makes a lead agency determination for a private project it shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.
(Ord. 1261 § 5, 1984; Ord. 1642 §§ 2, 3, 1994)
For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal.
(Ord. 1261 § 6, 1984)
If the city's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications.
(Ord. 1261 § 7, 1984; Ord. 1695 § 2, 1995)
This section and SMC § 16.04.085, § 16.04.090, § 16.04.100, and § 16.04.110 of this chapter contain rules for deciding whether a proposal has a probable significant, adverse environmental impact requiring an environmental impact statement (EIS) to be prepared. This section and SMC § 16.04.085, § 16.04.090, § 16.04.100, and § 16.04.110 also contain rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference:
WAC 197-11-300
Purpose of this part.
WAC 197-11-310
Threshold determination required.
WAC 197-11-315
Environmental checklist.
WAC 197-11-330
Threshold determination process.
WAC 197-11-335
Additional information.
WAC 197-11-340
Determination of nonsignificance (DNS).
WAC 197-11-350
Mitigated DNS.
WAC 197-11-355
Optional DNS process.
WAC 197-11-360
Determination of significance (DS/initiation of scoping.
WAC 197-11-390
Effects of threshold determination.
(Ord. 1261 § 8, 1984; Ord. 1642 § 4, 1994; Ord. 1671 § 1, 1995; Ord. 1831 § 3, 1998)
A. 
If a proposal fits within any of the provisions in WAC 197-11-800, the proposal shall be categorically exempt from threshold determination requirements except as follows:
1. 
The proposal is not exempt under WAC 197-11-908, environmentally sensitive areas.
2. 
The proposal is a segment of a proposal that includes:
a. 
A series of actions, physically or functionally related to each other, some of which are categorically exempt and some of which are not; or
b. 
A series of exempt actions that are physically or functionally related to each other, and that together may have a probable significant adverse environmental impact in the judgement of an agency with jurisdiction. If so, that agency shall be the lead agency, unless the agencies with jurisdiction agree that another agency should be the lead agency. Agencies may petition the Department of Ecology to resolve disputes.
For such proposals, the agency or applicant may proceed with the exempt aspects of the proposals, prior to conducting environmental review, if the requirements of WAC 197-11-070 are met.
3. 
The proposal is subject to the threshold requirements pursuant to another land use or environmental regulation in order to address site specific impacts which cannot be anticipated prior to the proposal.
B. 
An agency is not required to document that a proposal is categorically exempt. Agencies may note on an application that a proposal is categorically exempt or place such a determination in agency files.
C. 
If the proposal is within the East Sumner Neighborhood Planned Action area and within threshold criteria adopted by the ordinance codified in this section for the East Sumner Neighborhood Plan, the proposal shall be categorically exempt from threshold determination requirements.
(Ord. 1671 § 2, 1995; Ord. 2776 § 2, 2021)
A. 
Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.
B. 
In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.
C. 
If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that as authorized in WAC 197-11-070:
1. 
A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and
2. 
A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.
(Ord. 1261 § 9, 1984)
A. 
A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.
B. 
For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
C. 
The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:
1. 
The city has technical information on a question or questions that is unavailable to the private applicant; or
2. 
The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
(Ord. 1261 § 10, 1984)
A. 
As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.
B. 
An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
1. 
Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
2. 
Precede the city's actual threshold determination for the proposal.
C. 
The responsible official should respond to the request for early notice within 15 working days. The response shall:
1. 
Be written;
2. 
State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and
3. 
State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
D. 
As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
E. 
When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:
1. 
If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, to remove all negative impacts, the city shall issue and circulate a DNS under WAC 197-11-340(2).
2. 
If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.
3. 
The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200-foot stormwater retention pond at Y location" are adequate.
4. 
Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
F. 
Mitigated DNSs issued under either WAC 197-11-340(2), which requires a 14-day comment period and public notice, or WAC 197-11-355(5), which may require no additional comment period beyond the comment period on the notice of application.
G. 
Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.
H. 
If the city's decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3) (withdrawal of DNS).
I. 
The city's written response under subsection C2 of this section shall not be construed as determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination.
(Ord. 1261 § 11, 1984; Ord. 1642 § 6, 1994; Ord. 1831 § 4, 1998)
This section and SMC § 16.04.130 contain rules for preparing environmental impact statements. The city adopts the following sections by reference as supplemented by this section and SMC § 16.04.130:
WAC 197-11-400
Purpose of EIS.
WAC 197-11-402
General requirements.
WAC 197-11-405
EIS types.
WAC 197-11-406
EIS timing.
WAC 197-11-408
Scoping.
WAC 197-11-410
Expanded scoping.
WAC 197-11-420
EIS preparation.
WAC 197-11-425
Style and size.
WAC 197-11-430
Format.
WAC 197-11-435
Cover letter or memo.
WAC 197-11-440
EIS contents.
WAC 197-11-442
Contents of EIS on nonproject proposals.
WAC 197-11-443
EIS contents when prior nonproject EIS.
WAC 197-11-444
Elements of the environment.
WAC 197-11-448
Relationship of EIS to other considerations.
WAC 197-11-450
Cost-benefit analysis.
WAC 197-11-455
Issuance of DEIS.
WAC 197-11-460
Issuance of FEIS.
(Ord. 1261 § 12, 1984)
A. 
Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and chapter 197-11 WAC.
B. 
The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant or by a consultant selected by the city or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
C. 
The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute.)
(Ord. 1261 § 13, 1984)
This section and SMC § 16.04.150 and § 16.04.160 contain rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this section and SMC § 16.04.150 and § 16.04.160:
WAC 197-11-500
Purpose of this part.
WAC 197-11-502
Inviting comment.
WAC 197-11-504
Availability and cost of environmental documents.
WAC 197-11-508
SEPA register.
WAC 197-11-535
Public hearings and meetings.
WAC 197-11-545
Effect of no comment.
WAC 197-11-550
Specificity of comments.
WAC 197-11-560
FEIS response to comments.
WAC 197-11-570
Consulted agency costs to assist lead agency.
(Ord. 1261 § 14, 1984; Ord. 1642 § 7, 1994)
Public notice is required for all projects subject to the procedural requirements of this division. Notice shall be provided consistent with chapter 18.56 SMC and the Washington Administrative Code.
(Ord. 1695 § 5, 1995)
A. 
The responsible official shall be responsible for the preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
B. 
The responsible official shall be responsible for the city's compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city.
(Ord. 1261 § 16, 1984; Ord. 1695 § 6, 1995)
This section contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city's own environmental compliance. The city adopts the following sections by reference:
WAC 197-11-164
Planned actions – Definition and criteria.
WAC 197-11-168
Ordinances or resolutions designating planned actions – Procedures for adoption.
WAC 197-11-172
Planned actions – Project review.
WAC 197-11-600
When to use existing environmental documents.
WAC 197-11-610
Use of NEPA documents.
WAC 197-11-620
Supplemental environmental impact statement – Procedures.
WAC 197-11-625
Addenda – Procedures.
WAC 197-11-630
Adoption – Procedures.
WAC 197-11-635
Incorporation by reference – Procedures.
WAC 197-11-640
Combining documents.
(Ord. 1261 § 17, 1984; Ord. 1642 § 9, 1994; Ord. 1831 § 5, 1998)
This section and SMC § 16.04.190 and § 16.04.200 contain rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section and SMC § 16.04.190 and § 16.04.200 also contain procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:
WAC 197-11-650
Purpose of this part.
WAC 197-11-655
Implementation.
WAC 197-11-660
Substantive authority and mitigation.
WAC 197-11-680
Appeals.
(Ord. 1261 § 18, 1984)
A. 
The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
1. 
Project Permits. Any agency or person may appeal the city's procedural compliance with chapter 197-11 WAC for issuance of the following (the appeal must be made to the city's hearing examiner within 14 days of the date of issuance). A decision involving a SEPA determination of nonsignificance which required public comments shall have the appeal period extended an additional seven days:
a. 
A final DNS;
b. 
A DS; or
c. 
A final EIS.
2. 
Legislative Proposals. There is no administrative appeal of a DNS, DS or final EIS adequacy associated with a legislative decision.
3. 
For any administrative appeal under this section, the city shall provide for a record that shall consist of the following:
a. 
Findings and conclusions;
b. 
Testimony under oath; and
c. 
A taped or written transcript.
4. 
The procedural determination by the city's responsible official shall carry substantial weight in any appeal proceeding.
B. 
The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.
(Ord. 2691 § 4, 2019)
A. 
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.
B. 
The city may attach conditions to a permit or approval for a proposal so long as:
1. 
Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
2. 
Such conditions are in writing; and
3. 
The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
4. 
The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
5. 
Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.
C. 
The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. 
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
2. 
A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
3. 
The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.
D. 
The city designates and adopts by reference the following policies as the basis for the city's exercise of authority pursuant to this section:
1. 
The city 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:
a. 
Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations,
b. 
Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings,
c. 
Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences,
d. 
Preserve important historic, cultural and natural aspects of our national heritage,
e. 
Maintain, wherever possible, an environment which supports diversity and variety of individual choice,
f. 
Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities, and
g. 
Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
E. 
The city 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.
F. 
The city adopts by reference all policies of the city in its existing codes, ordinances and resolutions, as now existing or hereafter amended, including but not limited to: Sumner comprehensive plan, zoning code, International Building Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, shoreline management master program, floodplain management code, subdivision code, six-year transportation improvement program, comprehensive transportation plan, stormwater comprehensive plan, water and sewer utility regulations, park and open space plan, comprehensive water plan, 2012 International Energy Conservation Code/Washington State Energy Code, regulations for manufactured housing, downtown parking strategy, cemetery master plan, urban forestry strategy, urban design strategy, Sumner/Pacific Trails Plan, SEPA mitigation rate studies, East Main Street design strategy, and the Town Center Plan.
(Ord. 1261 § 19, 1984; Ord. 1584 § 1, 1993; Ord. 1642 § 10, 1994; Ord. 1831 § 6, 1998; Ord. 1911 § 1, 1999; Ord. 2015 § 3, 2002; Ord. 2147 § 1, 2005; Ord. 2439 § 17, 2013)
This section and SMC § 16.04.230 contain rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference:
WAC 197-11-900
Purpose of this part.
WAC 197-11-902
Agency SEPA policies.
WAC 197-11-916
Application to ongoing actions.
WAC 197-11-920
Agencies with environmental expertise.
WAC 197-11-922
Lead agency rules.
WAC 197-11-924
Determining the lead agency.
WAC 197-11-926
Lead agency for governmental proposals.
WAC 197-11-928
Lead agency for public and private proposals.
WAC 197-11-930
Lead agency for private projects with one agency with jurisdiction.
WAC 197-11-932
Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
WAC 197-11-934
Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
WAC 197-11-936
Lead agency for private projects requiring licenses from more than one state agency.
WAC 197-11-938
Lead agencies for specific proposals.
WAC 197-11-940
Transfer of lead agency status to a state agency.
WAC 197-11-942
Agreements on lead agency status.
WAC 197-11-944
Agreements on division of lead agency duties.
WAC 197-11-946
DOE resolution of lead agency disputes.
WAC 197-11-948
Assumption of lead agency status.
(Ord. 1261 § 23, 1984; Ord. 1831 § 7, 1998)
The fees for compliance with this division are established in chapter 18.56 SMC, Procedures for Land Use Permits.
(Ord. 1695 § 8, 1995)