8.32.010 - Purpose—Adoption by reference.

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:

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-155, filed 6/15/84. Formerly Chapter 173-805-020.]

(Ord. 125-98 § 8.1, 1998: Ord. 55-97 § 8.1, 1997: Ord. 99-84 § 8.1, 1984).

8.32.020 - Substantive authority.

(a)

The policies and goals set forth in Chapters 8.04 through 8.40 are supplementary to those in the existing authorization of Mason 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 prepared pursuant to Chapters 8.04 through 8.40; and

(2)

Such conditions are in writing; and

(3)

The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

(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 prepared pursuant to Chapters 8.04 through 8.40; 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 following policies as the basis for the county's exercise of authority pursuant to this section:

(1)

The county 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:

(A)

Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(B)

Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(C)

Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(D)

Preserve important historic, cultural and natural aspects of our national heritage;

(E)

Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(F)

Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

(G)

Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(2)

The county 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.

(3)

The county adopts by reference the policies in the following county codes and plans: Uniform Building Code; Mason County shoreline master plan; the Mason County comprehensive plan.

(e)

Except for permits and variances issued pursuant to Title 7, Mason County Code (Mason County shoreline master plan), when any proposal or action not requiring a decision of the county commission is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the county commission. [Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-160, filed 6/15/84. Formerly Chapter 173-805 WAC.]

(Ord. 125-98 § 8.2, 1998: Ord. 55-97 § 8.2, 1997: Ord. 99-84 § 8.2, 1984).

8.32.040 - Notice/Statute of limitations.

(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 auditor, applicant or proponent pursuant to RCW 43.21C.080. [Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-173, filed 6/15/84. Formerly Chapter 173-805-135.]

(Ord. 125-98 § 8.4, 1998: Ord. 55-97 § 8.4, 1997: Ord. 99-84 § 8.4, 1984).