This chapter is established pursuant to RCW 36.70A.060 and shall be known as the Lewis County resource lands ordinance.
(Ord. 1151 § 1.1, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1179C § 1, 2003; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
(1)
The purpose of this chapter is to identify and conserve long-term commercially significant forest, agricultural, and mineral resource lands designated pursuant to this chapter as required by the Growth Management Act of 1990 (Chapter 17, Laws of 1990) by supplementing the development regulations contained in various ordinances of Lewis County and other applicable state and federal laws by providing additional controls and measures to conserve resource lands and protect human health and safety. This chapter is adopted under the authority of Chapters 36.70A and 36.70 RCW.
(2)
The intent of this chapter is to facilitate the processing of relevant land use and development applications in a timely fashion with minimum intrusion on individual freedom, with a maximum of consistency and predictability.
(Ord. 1151 § 1.2, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
(1)
It is a policy of Lewis County that the resource lands supporting agriculture, forest, and mineral extractive industries be conserved as identified in this chapter, and further that reasonable associated and incidental uses be identified which aid and assure the economic viability of the long-term commercial resource user. Reasonable regulation shall be achieved by the balancing of individual and collective interests.
(2)
The countywide planning policies identified private property rights as the primary priority and all applications of this chapter shall be cognizant and consistent with private property rights.
(3)
No permit granted pursuant to this chapter shall remove an applicant's obligations with respect to applicable provisions of any other federal, state, or local law or regulation, including, but not limited to, the acquisition of any other required permit or approval.
(4)
Mitigation Priorities.
(a)
Avoid the impact altogether by not taking a certain action or parts of any action where reasonable nonresource land alternatives are available;
(b)
Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(c)
Rectify the impact by repairing, rehabilitating, or restoring the affected environment;
(d)
Reduce or eliminate the impact over time by preservation and maintenance of resource land functions during the life of the action;
(e)
Compensate for the impact by replacing, enhancing, or providing substitute resources or environments in lieu of resource lands impacted; and/or
(f)
Monitor the impact and take appropriate corrective measures where appropriate.
(5)
Mitigation Application.
(a)
Lewis County respects the right of property owners to use their property consistent with the guidelines presented. Priorities in subsection (4) of this section are preferences to guide development and may be mixed to facilitate reasonable use of property, with increasing mitigation applied to the greater impacts to protect the functions, systems, and values identified.
(6)
The assessor is required to consider the impact to property values by reason of restrictions in this chapter in assessing property in Lewis County.
(7)
Existing property uses shall not be affected by this chapter. This chapter will apply only when regulations require a development permit from Lewis County.
(Ord. 1151 § 1.3, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
In the interpretation and application of this chapter, all provisions shall be:
(1)
Liberally construed to serve the purpose of this chapter;
(2)
Deemed neither to limit nor repeal any other powers under state statute;
(3)
Considered adequate mitigation under SEPA unless a proposed use or activity poses an unusual or extraordinary risk to a resource land system.
(Ord. 1151 § 1.4, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
The development regulations for resource lands, as set forth in this chapter, shall be reviewed during consideration of the implementing regulations for the Lewis County comprehensive plan, adopted pursuant to Chapter 36.70A RCW.
(Ord. 1151 § 1.5, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
Judicial review of any decision made hereunder shall be appealable pursuant to the Land Use Appeals Act, Chapter 36.70C RCW.
(Ord. 1151 § 1.7, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)