This part contains the basic requirements that apply to the SEPA process. The county adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference, except as modified by additional definitions under Section 18.04.030.
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, laws, and regulations.
WAC 197-11-164
Planned actions – Definitions and criteria.
WAC 197-11-168
Ordinances or resolutions designating planned actions – Procedures for adoption.
WAC 197-11-172
Planned actions – Project review.
WAC 197-11-210
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 197-11-250
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 of MTCA remedial actions.
WAC 197-11-268
MTCA interim actions.
(Ord. 99-A (1991) § 2(A), 1991; Ord. 368 (2006) § 6, 2006; Ord. 416 (2008) § 3, 2008)
In addition to those definitions contained within WAC 197-11-700 through 197-11-799 and 197-11-220, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:
A. 
“Department”
means any division, subdivision or organizational unit of the county established by ordinance, rule, or order.
B. 
“Development units”
means the proposed quantity of development measured by dwelling units for residential development and square feet for specific nonresidential use categories.
C. 
“SEPA rules”
means Chapter 197-11 WAC adopted by the Department of Ecology.
D. 
“Ordinance”
means the ordinance, resolution, or other procedure used by the county to adopt regulatory requirements.
E. 
“Early notice”
means the county’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal.
(Ord. 99-A (1991) § 2(B), 1991; Ord. 368 (2006) § 7, 2006; Ord. 416 (2008) § 4, 2008)
A. 
For those proposals for which the county is the lead agency, the responsible official shall be the director of the department of community development or his/her appointed designee.
B. 
For all proposals for which the county 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 Section 18.04.020.
C. 
The county 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. 99-A (1991) § 2(C), 1991; Ord. 368 (2006) § 8, 2006; Ord. 416 (2008) § 5, 2008)
A. 
The department within the county 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, 197-11-253, 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 county is the lead agency for a proposal, the department receiving the application shall determine 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 county is not the lead agency for a proposal, all departments of the county shall use and consider, as appropriate, either the DNS, MDNS or the final EIS of the lead agency in making decisions on the proposal. No county 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. This provision does not preclude additional environmental analysis pursuant to WAC 197-11-600.
D. 
If the county or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 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 fifteen days of receipt of the determination, or the county must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the county must be initiated by the responsible official.
E. 
Departments of the county are 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 and any department that will incur responsibilities as the result of such agreement approve the agreement.
F. 
Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.
G. 
When the county is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the county shall decide jointly with the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.
(Ord. 99-A (1991) § 2(D), 1991; Ord. 368 (2006) § 9, 2006; Ord. 416 (2008) § 6, 2008)
If the county elects to transfer the lead agency duties to another agency, consistent with this chapter and Chapter 197-11 WAC, the county shall provide written notice of such transference to all interested parties of record.
(Ord. 99-A (1991) § 2 (E), 1991; Ord. 368 (2006) § 10, 2006; Ord. 416 (2008) § 7, 2008)
For nonexempt proposals, the DNS or the final EIS for the proposal shall accompany the county’s staff recommendation to any appropriate body, such as the planning commission.
(Ord. 99-A (1991) § 2(F), 1991; Ord. 368 (2006) § 12, 2006; Ord. 416 (2008) § 8, 2008)