This article contains the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This article also contains rules for evaluating the impacts of proposals not requiring an EIS. The town adopts the following sections by reference, as supplemented in this article.
WAC 197-11-300
Purpose of this part
WAC 197-11-305
Categorical exemptions
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 197-11-360
Determination of significance (DS)/initiation of scoping
WAC 197-11-390
Effect of threshold determination
(Ord. 294 Pt. 3 § 1, 1984)
(1) 
Each department within the town 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 town shall not require completion of an environmental checklist for an exempt proposal.
(2) 
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.
(3) 
If a proposal includes both exempt and nonexempt actions, the town may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that there shall be full compliance with the provisions of WAC 197-11-070 in all cases.
(Ord. 294 Pt. 3 § 2, 1984)
(1) 
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 town and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The town shall use the environmental checklist to determine the lead agency and, if the town is the lead agency, for determining the responsible official and for making the threshold determination.
(2) 
For private proposals, the town/county will require the applicant to complete the environmental checklist, providing assistance as necessary. For town/county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
(3) 
The town/county 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:
(a) 
The town/county has technical information on a question or questions that is unavailable to the private applicant; or
(b) 
The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
(Ord. 294 Pt. 3 § 3, 1984)
(1) 
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.
(2) 
An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
(a) 
Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
(b) 
Precede the town's actual threshold determination for the proposal.
(3) 
The responsible official should respond to the request for early notice within 15 working days. The response shall:
(a) 
Be written;
(b) 
State whether the town currently considers issuance of a DS likely and if so, indicate the general or specific area(s) of concern that is/are leading the town to consider a DS; and
(c) 
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.
(4) 
As much as possible, the town should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
(5) 
When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the town 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:
(a) 
If the town 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, the town shall issue and circulate a DNS under WAC 197-11-340(2).
(b) 
If the town indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the town shall make the threshold determination, issuing a DNS or DS as appropriate.
(c) 
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.
(d) 
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.
(6) 
Mitigated DNSs issued under WAC 197-11-340(2) require a 15-day comment period and public notice.
(7) 
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 town.
(8) 
If the town's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the town should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
(9) 
The town's written response under subsection (3) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the town to consider the clarifications or changes in its threshold determination.
(Ord. 294 Pt. 3 § 4, 1984)