This chapter classifies and designates resource lands in Lewis County and establishes regulations for the protection of resource lands, human health, and safety. Lewis County shall not grant any permit, license, or other development approval to alter the condition of any land, water, or vegetation, or to construct or to alter any structure or improvement, nor shall any person alter the condition of any land, water, or vegetation, or construct or alter any structure or improvement, for any development proposal regulated by this chapter, except in compliance with the provisions of this chapter. Failure to comply with the provisions of this chapter shall be considered a violation and subject to enforcement procedures.
(Ord. 1151 § 3.1, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
Areas characterized by a particular resource land may also be subject to critical areas regulations due to the overlap of multiple functions of critical areas and resource lands. In the event of any conflict between these regulations and other regulations of the county, the resource lands regulations shall take precedence. No permit granted pursuant to this chapter shall remove the applicant's obligation to comply in all respects with provision of any federal, state, or local law or regulation.
(Ord. 1151 § 3.2, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
The following activities shall be exempt from the provisions of this chapter:
(1) 
Existing and ongoing agricultural activities may persist;
(2) 
Normal and routine maintenance and operation of existing irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, landscape amenities, farm ponds, fish ponds, manure lagoons, and animal water ponds; provided, that such activities do not involve conversion of any resource lands to other than resource land uses;
(3) 
Maintenance, operation, repair, or replacement of utility facilities and associated rights-of-way, including but not limited to reasonable access roads, and construction of utility facilities reasonably necessary;
(4) 
Passive recreational uses, sport fishing or hunting, scientific or educational review, or similar minimal-impact, nondevelopment activities;
(5) 
Site investigative work required by a city, county, state, or federal agency in conjunction with the preparation of a land use application submittal such as surveys, soil logs, percolation tests, and other related activities; except for energy production site investigation work where not otherwise allowed pursuant to Chapter 17.42 LCC, Table 2. In any such activity, resource lands are avoided where possible and minimized where necessary, and disbursed to the extent possible;
(6) 
Maintenance, operation, reconstruction of or addition to existing roads, streets, and driveways; provided, that reconstruction of any such facilities does not extend outside the previously disturbed area;
(7) 
Any projects currently under review and "vested" as that term is used in RCW 19.27.095 and 58.17.033 by local, state, or federal agencies prior to official adoption of the ordinance codified in this chapter are exempt from this chapter and will be grandfathered under previous resource lands protection measures; provided, however, "vested properties" shall include any property acquired for development purposes where the following qualifications have been met: (a) the purchase includes lands designated as resource lands pursuant to this chapter; (b) the purchaser can demonstrate through some objective means that the property was acquired for present development purposes (e.g., more than generalized intent, such as a feasibility study, nature of purchaser's business, or other facts or data); and (c) the earnest money agreement is complete and binding on both parties within 90 days prior to the effective date of the ordinance codified in this chapter; and provided further, such additional vested rights shall be in effect only for the subdivision of such property in fact completed (final plat recorded) within 18 months of the effective date of the ordinance codified in this chapter.
(Ord. 1151 § 3.3, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016; Ord. 1367 (Exh. C), 2025)
An established use or existing structure that was lawfully permitted prior to adoption of the ordinance codified in this chapter, but which is not in compliance with this chapter, shall be processed under this section and not under Chapter 17.155 LCC. The nonconforming activity may continue subject to the following:
(1) 
Nonconforming uses shall not be expanded or changed in any way that increases the nonconformity without a permit reviewed as a Type III application per Chapter 17.05 LCC or other approval issued pursuant to the provisions of this chapter;
(2) 
Existing structures shall not be expanded or altered in any manner which will increase the nonconformity without a permit reviewed as a Type III application per Chapter 17.05 LCC or other approval issued pursuant to the provisions of this chapter, except single-family dwellings and accessory structures may be expanded or altered as follows: reconstruction, remodeling, or maintenance of one-family dwellings and accessory structures existing on the effective date of the ordinance codified in this chapter shall be allowed; provided, that a one-time only expansion of the building footprint does not increase that footprint by more than 25 percent;
(3) 
Activities or Uses Which Are Abandoned. A use discontinued for 60 months shall be presumed abandoned, but such presumption may be rebutted. An abandoned use or structure is allowed to resume only if in compliance with this chapter; and
(4) 
Nonconforming structures destroyed by fire, explosion, or other casualty may be replaced or restored if reconstruction of the same facility is commenced within two years of such damage. The reconstruction or restoration shall not serve to expand, enlarge, or increase the extent of the nonconformity.
(Ord. 1151 § 3.8, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1179C § 1, 2003; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016; Ord. 1367 (Exh. C), 2025)
(1) 
Properties located a certain distance from resource lands shall be provided notice of the resource related activities as follows:
(a) 
Required Notice Provisions.
(i) 
NOTICE: The subject property is within or near land designated for long-term commercially significant resource use in which natural resource activities are permitted and encouraged, including a variety of activities that may not be compatible with residential or other types of development for certain periods extending beyond the normal workday and/or work week. In addition to other activities, these may include noise, dust, smoke, visual impacts, and odors. When performed in accordance with best management practices, these resource utilization activities are to be expected and shall not be subject to legal action or public nuisance.
(ii) 
For mineral resource lands, the notice shall also inform the project proponent that an application may be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals.
(b) 
For building or development permits, this notice shall be provided as a condition of permit approval.
(c) 
Where the approval is a subdivision or binding site plan, the notice shall be recorded on the face of the plat.
(2) 
This notice shall be provided for projects on lands within 1,320 feet of designated resources lands.
(Ord. 1269 § 14, 2016)
The following nonregulatory incentives shall apply to all resource lands:
(1) 
Assessment Relief.
(a) 
The Lewis County assessor shall consider the resource lands regulations contained in this chapter when determining the fair market value of land.
(b) 
Any owner of a resource land who has dedicated a conservation easement to or entered into a perpetual conservation restriction with a department of the local, state, or federal government or to a nonprofit organization to permanently control some or all of the uses and activities within this area may request that the Lewis County assessor reevaluate that specific area with those restrictions.
(c) 
The administrator shall notify the assessor's office of any application of this chapter which results in building restrictions on a particular site.
(2) 
Open Space. Subject to the criteria established by law, any person who owns a resource land area as identified by this chapter may apply for current use assessment pursuant to Chapter 84.34 RCW. The Open Space Tax Act allows Lewis County to designate lands which should be taxed at their current use value. The county has programs for agricultural lands, small forest lands less than 20 acres in size, and other open spaces. Lewis County has adopted a public benefit rating system, which classifies properties on the basis of their relative importance of natural and cultural resources, the availability of public access, and the presence of a conservation easement. These features are given a point value, and the total point value determines the property tax reduction. Lands with an important habitat or species would commonly qualify for this voluntary program. Applications are approved by the board of county commissioners following a public hearing.
(3) 
Conservation Easement.
(a) 
Any person who owns an identified resource land as defined by this chapter may offer a conservation easement over that portion of the property designated a resource land naming the county or its qualified designee, under RCW 64.04.130, as the beneficiary of the easement. The purpose of the conservation easement shall be to protect, preserve, maintain, restore, limit the future use of, or conserve for open space purposes the land designated as resource lands, in accordance with RCW 64.04.130. Details governing easement restrictions and conditions of acceptance shall be negotiated between property owners and the county. Acceptance of such an easement and the consideration therefor, if any, shall be discretionary with the county and subject to the priorities for and availability of funds.
(b) 
The administrator may attach such additional conditions of acceptance as deemed necessary to assure the preservation and protection of the affected wetlands and buffers within conservation easements to assure compliance with the purposes and requirements of this chapter.
(c) 
The responsibility for maintaining conservation easements shall be held by the overlying lot owner(s) or other appropriate entity as approved by the administrator.
(d) 
Lewis County may establish appropriate processing fees for such conservation easements.
(4) 
Development Rights Transfer and Acquisition. Lewis County shall adopt a development rights transfer and/or acquisition program pertaining to development rights on designated resource lands by September, 1998.
(Ord. 1151 § 3.10, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
This chapter is a written policy of Lewis County enforceable through the State Environmental Policy Act, Chapter 43.21C RCW and specifically RCW 43.21C.065.
(Ord. 1151 § 3.11, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
Should the Growth Management Act (Chapter 36.70A RCW) or the implementing regulations (Chapter 360-190 WAC) be challenged or modified by a court of competent jurisdiction or modified by the Legislature in any way affecting this chapter, this chapter shall be brought before the board of county commissioners, not less than 30 days after such action is final, to determine what, if any, changes may be required by reason of such action.
(Ord. 1151 § 3.12, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
Unfunded costs incurred by the county or its citizens which are properly chargeable to the state or state agencies shall be billed to such agencies consistent with applicable rules and regulations for such cost recovery.
(Ord. 1151 § 3.13, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)