Mineral resource lands of Lewis County are classified according to the following:
(1) 
Existing Permitted Surface Mining Operations. The contiguous ownership of existing permitted mining operations (including dormant operations) operating under authority of Chapter 78.44 RCW, the Washington State Surface Mining Act, where the remaining operation has extractive minerals valued in excess of $1,000,000.
(2) 
Areas Containing Mineral Deposits the Significance of Which Cannot Be Evaluated from Available Data.
(a) 
Areas where a qualified geologist can demonstrate a high likelihood for occurrence of mineral deposits. A qualified geologist shall provide adequate evidence, for the above, in the form of a report and any associated maps that would provide evidence of mineral resources sufficient to meet the following criteria:
(i) 
The site has extractive materials having a probable value in excess of $500,000 for valuable metallic substances and $1,000,000 for gravel, sand, coal, and other minerals; and
(ii) 
The site has the potential for economically viable production of extractive materials for the foreseeable future;
(b) 
Greater than 50 percent of the linear frontage of the perimeter of any proposed designated lands shall abut parcels that are equal to or greater than two and one-half acres in size. Abutting parcels with industrial or wholesale uses are exempt from this parcel size calculation but shall be included in the calculation of total linear frontage; and
(c) 
The site is outside any designated urban growth area at the time of application for redesignation.
(3) 
Mines of Local Importance. Mines not otherwise meeting the criteria noted above certified by a qualified geologist as having significant economic importance either due to their location or nature, quantity, or quality of mined product.
(Ord. 1151 § 6.1, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
(1) 
Lands of Lewis County meeting the classification criteria set forth in LCC § 17.30.720(1) are designated as mineral resource lands of long-term commercial significance. Other lands may be designated pursuant to LCC § 17.30.850 within 90 days of the effective date of the ordinance codified in this chapter upon a finding of meeting the classification criteria set forth in LCC § 17.30.720(1) by the board of county commissioners.
(2) 
Other lands of Lewis County meeting the classification criteria set forth in LCC § 17.30.720(2) or (3) are eligible for designation as mineral resource lands of long-term commercial significance subject to approval of a redesignation application pursuant to LCC § 17.30.850.
Mineral resource land may be so designated upon initiation either of the county or a property owner or owners.
(Ord. 1151 § 6.2, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
(1) 
The sand and gravel and ledge rock testing inventory of the Washington State Department of Transportation (WSDOT) Materials Testing Laboratory ("Approved Source of Materials - Lewis County Pits") or any material to be tested in the future that meets WSDOT specifications.
(2) 
U.S. Department of the Interior, Geological Survey Bulletin 1053, 1958, "Geology and Coal Resources of the Centralia-Chehalis District, Washington."
(3) 
Washington Department of Natural Resources, Division of Geology and Earth Resources Bulletin 47, 1984, "Coal Reserves of Washington."
(4) 
Washington Department of Natural Resources, Division of Geology and Earth Resources, Map GM-22, 1978, "Mineral Resources of Washington."
(5) 
Washington Division of Mines and Geology Bulletin 37, "Inventory of Washington Minerals," Part I, "Nonmetallic Minerals," 1960; Part II, "Nonmetallic Minerals," 1956; and subsequent updates thereto.
(Ord. 1151 § 6.3, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
See Chapter 17.42 LCC, Table 2, Land Use Summary.
(Ord. 1151 § 6.4(A), 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016; Ord. 1274 § 5, 2017; Ord. 1367 (Exh. C), 2025)
All mining sites for which state or federal mining permits are required and which are subject to this chapter shall be subject to the conditions of those permits.
(Ord. 1151 § 6.5(A), 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
Prior to full utilization of a designated mineral resource land's mineral resource potential, subdivisions, short subdivisions, and large lot segregations below 10 acres are prohibited. Exceptions may be made, if it is found by Lewis County to be a necessary part of or accessory to mining operations.
(Ord. 1151 § 6.5(B), 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
(1) 
Within Designated Mineral Resource Lands. Mining operations which are operating under valid state or federal surface mining permits shall use the setback and/or buffer standards contained within any reclamation plan required pursuant to the state or federal laws pertaining to mining land reclamation.
(2) 
Within Lands Abutting Mineral Resource Lands. Structures requiring a building permit shall maintain a minimum 50-foot setback from the boundary of any designated mineral resource land; provided, however, the administrator may reduce the setback where:
(a) 
It is not reasonable to accomplish the setback given the topography, soils, or shape of the site.
(b) 
The owner requesting the administrative variance records a mineral resources easement for the benefit of the abutting commercial lands of significance, granting a right to all normal and customary mineral extraction and processing practices in accordance with best management practices.
(Ord. 1151 § 6.5(C), 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
(1) 
Applicability. Within designated mineral resource lands in Lewis County, there is established a preferential right to mine.
(2) 
Description of Preferential Rights.
(a) 
No resource use or any of its appurtenances shall be, be adjudged to be, or become a nuisance, public or private, by any changed conditions in or about the locality thereof after the same has been in operation for more than one year, when such operation was not a nuisance at the time the operation began; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such operation or its appurtenances.
(b) 
A resource operation shall not be found to be a public or private nuisance if the operation conforms to local, state, and federal law.
(c) 
This chapter shall supersede any and all ordinances, or portions of ordinances, as the case may be, of the county now in effect or hereafter adopted that would otherwise make the operation of any such resource operation or its appurtenances a nuisance; provided, however, that the provisions of this subsection shall not apply whenever a nuisance results from the neglect or improper operation of any such resource operation or any of its appurtenances.
(Ord. 1151 § 6.5(D), 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1179C § 1, 2003; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)
An "opt-in" provision is provided for the voluntary designation of properties as mineral resource land by the property owner(s) upon the provision of written notification to the administrator of their desire for such designation. Such application for designation shall be processed as a Type V amendment to the comprehensive plan and development regulations. Such amendments are processed on a yearly basis, consistent with Chapter 17.12 LCC.
(1) 
Criteria for Approval of Applications for Voluntary Designation of Mineral Resource Land. Lewis County shall approve applications for designation of mineral resource land if the following criteria are met:
(a) 
The property meets the classification criteria for mineral resource lands set forth in LCC § 17.30.720; and
(b) 
The property owner, as part of the application, provides a notarized statement that he or she will voluntarily commit the subject property to the designation for a period until full utilization of the mineral resource potential occurs.
(2) 
Process for Approval of Applications for Voluntary Designation as Mineral Resource Land.
(a) 
Voluntary designations of mineral resource lands shall be processed as a Type V application per Chapter 17.05 LCC.
(b) 
Board Decision. The board of county commissioners shall make a final decision following the receipt of the recommendation of the planning commission. The board may hold a public hearing on the matter. The board shall make written findings for its decision available to the public upon request.
(Ord. 1151 § 6.7, 1996; Ord. 1157, 1998; Ord. 1170B, 2000; Ord. 1179C § 1, 2003; Ord. 1197 § 2, 2007; Ord. 1269 § 14, 2016)