This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The county adopts the following sections by reference:
WAC 197-11-650
Purpose of this part.
WAC 197-11-655
Implementation.
WAC 197-11-660
Substantive authority and mitigation.
WAC 197-11-680
Appeals.
(Ord. 99-A (1991) § 7(A), 1991; Ord. 368 (2006) § 25, 2006; Ord. 416 (2008) § 22, 2008)
A. 
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of Kitsap County.
B. 
The county may attach conditions to a permit or approval for a proposal so long as:
1. 
Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents pursuant to this chapter;
2. 
Such conditions are in writing;
3. 
The mitigation measures included in such conditions are reasonable and capable of being accomplished;
4. 
The county has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
5. 
Such conditions are based on one or more policies in subsection (D) of this section and cited in the license or other decision document.
C. 
The county may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. 
A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS pursuant to this chapter; and
2. 
A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
3. 
The denial is based on one or more policies identified in subsection (D) of this section and identified in writing in the decision document.
D. 
The county designates and adopts by reference the policies set forth in RCW 43.21C.020, and the policies in the following county ordinances, plans, rules, and regulations as now existing or hereafter amended, as the basis for the county’s exercise of authority pursuant to this section:
1. 
The Kitsap County Comprehensive Water and Sewerage Plans;
2. 
The Kitsap County Shoreline Management Master Program, Title 22 of this Code;
3. 
The Kitsap County Comprehensive Plan;
4. 
The Kitsap County View Blockage Resolution, Section 22.400.135;
5. 
Kitsap County Noise Ordinance, Chapter 10.28 of this Code;
6. 
Kitsap County Zoning Ordinance, Title 17 of this Code;
7. 
The Kitsap County Building Code, Chapter 14.04 of this Code;
8. 
The Kitsap County Flood Damage Prevention Ordinance, Title 15 of this Code;
9. 
The Kitsap County Parks, Recreation and Open Space Plan;
10. 
The Kitsap County Bicycle Facilities Plan;
11. 
The Kitsap County Health District regulations;
12. 
Kitsap County Subdivision Ordinance, Chapters 16.04 through 16.44 of this Code;
13. 
The Kitsap County Short Subdivision Ordinance, Chapter 16.48 of this Code;
14. 
The Kitsap County Storm Water Management Ordinance, Title 12 of this Code;
15. 
The Kitsap County Critical Areas Ordinance, Title 19 of this Code;
16. 
Kitsap County-wide Planning Policy, adopted November 22, 2004, as may hereafter be amended.
E. 
The following state laws, policies, ordinances, resolutions, programs and master site plans as now existing or hereafter amended, shall supplement this chapter:
1. 
Biosolids Management, Chapter 173-308 WAC;
2. 
Solid Waste Handling Standards, Chapter 173-350 WAC; and
3. 
Criteria for Municipal Solid Waste Landfills, Chapter 173-351 WAC.
(Ord. 99-A (1991) § 7(B), 1991; Ord. 99-B (1992) § l, 1992; Ord. 368 (2006) § 26, 2006; Ord. 416 (2008) § 23, 2008)
Appeals of SEPA decisions shall be in accordance with Title 21.
(Ord. 99-A (1991) § 7(C), 1991; Ord. 368 (2006) § 27, 2006; Ord. 416 (2008) § 24, 2008; Ord. 490 (2012) § 4, 2012)
A. 
The county, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
B. 
The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the county, applicant or proponent pursuant to RCW 43.21C.080.
(Ord. 99-A (1991) § 7(D), 1991; Ord. 368 (2006) § 28, 2006; Ord. 416 (2008) § 25, 2008)