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 town of Concrete 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. 436 § 19, 1999)
(1) 
The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the town of Concrete.
(2) 
The town of Concrete may attach conditions to a permit or approval for a proposal so long as:
(a) 
Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and
(b) 
Such conditions are in writing; and
(c) 
The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
(d) 
The town of Concrete has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
(e) 
Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.
(3) 
The town of Concrete may deny a permit or approval for a proposal on the basis of SEPA so long as:
(a) 
A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to this chapter; and
(b) 
A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
(c) 
The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.
(4) 
The town of Concrete designates and adopts by reference the following policies as the basis for the town's/county's exercise of authority pursuant to this section:
(a) 
The town of Concrete shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
(i) 
Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(ii) 
Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(iii) 
Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
(iv) 
Preserve important historic, cultural, and natural aspects, of our national heritage;
(v) 
Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(vi) 
Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
(vii) 
Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
(b) 
The town of Concrete recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
(c) 
The town of Concrete adopts by reference the policies in the town of Concrete comprehensive land use plan, water capital facilities plan, sewer capital facilities plan, zoning ordinances, subdivision ordinances, and public works construction standards ordinances.
(5) 
Except for permits and variances issued pursuant to the town of Concrete ordinances relating to shoreline management, when any proposal or action not requiring a decision of the town of Concrete town council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the town of Concrete town council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 14 days of the decision being appealed. Review by the town of Concrete town council shall be on a de novo basis.
(Ord. 436 § 20, 1999)
(1) 
The town of Concrete establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
(a) 
Any agency or person may appeal the town’s/county’s procedural compliance with Chapter 197-11 WAC for issuance of the following:
(i) 
A final DNS: Appeal of the DNS must be made to the town council within 14 days of the date the permit or other approval is issued.
(ii) 
A DS: The appeal must be made to the town council within 14 days of the date the DS is issued.
(iii) 
An EIS: Appeal of the FEIS must be made to the town council within 30 days of the date the permit or other approval is issued.
(b) 
For any appeal under this subsection, the town of Concrete shall provide for a record that shall consist of the following:
(i) 
Findings and conclusions;
(ii) 
Testimony under oath; and
(iii) 
A taped or written transcript.
(c) 
The town of Concrete may require the appellant to provide an electronic transcript.
(d) 
The procedural determination by the town’s/county’s responsible official shall carry substantial weight in any appeal proceeding.
(2) 
The town of Concrete shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.
(Ord. 436 § 21, 1999)