8.40.010 - Purpose—Adoption by reference.

This chapter contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, protecting critical areas, listing agencies with environmental expertise, selecting the lead agency, and applies these rules to current agency activities. The county adopts the following sections by reference, as supplemented by WAC 173-806-045 through 173-806-043 and this chapter:

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-185, filed 6/15/84. Formerly WAC 173-805-020.]

(Ord. 125-98 § 10.1, 1998: Ord. 55-97 § 10.1, 1997: Ord. 99-84 § 10.1, 1984).

8.40.020 - Critical areas.

(a)

Frequently flooded areas, erosion hazard areas, seismic hazard areas, landslide hazard areas, wetlands, and aquatic management areas, as established by Mason County Ordinance 77-93 (as amended) are designated as critical areas for the purposes of this section.

(b)

The following map(s) available at the Mason County department of community development, provide information on the location of critical areas within the county and are adopted by reference.

(1)

"Mason County Geologic Hazards Map" and associated buffers as established in Section 8.52.140 of the Mason County Interim Resource Ordinance, Chapter 8.52 Mason County Code.

(2)

"The Flood Insurance Study, Mason County" with accompanying Flood Insurance Rate Maps. Federal Emergency Management Agency, 1988.

(3)

National Wetlands Inventory Maps. U.S. Department of the Interior, and all Mason County maps referencing wetlands and associated vegetation areas as established in Section 8.52.110 of the Mason County Interim Resource Ordinance.

(4)

Type II, III, IV and V waters identified on the Water Type Reference Maps, Washington Department of Natural Resources, for all of Mason County, and associated vegetation areas as identified in Section 8.52.150 of the Mason County Interim Resource Ordinance.

For each critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are: (1), (2)(a) through (h), (3), (5), (6)(a), (14)(c), (24)(a) through (g), and (25)(d), (f), (h), (i). Unidentified exemptions shall continue to apply within critical areas of the county.

(c)

The county shall treat proposals located wholly partially within a critical area no differently than other proposals under the ordinance, making a threshold determination for all such proposals. The county shall not automatically require an EIS for a proposal merely because it is proposed for location in a critical area.

(d)

Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped.

(e)

The scope of environmental review of actions within these areas shall be limited to:

(1)

Documenting whether the proposal is consistent with the requirements of the critical areas ordinance, Ord. 77-93; and

(2)

Evaluating potentially significant impacts on the critical area resources not adequately addressed by GMA planning documents and development regulations, if any, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and with other applicable environmental review laws. [Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-190, filed 6/15/84. Formerly WAC 173-805-050.]

(Ord. 125-98 § 10.2, 1998: Ord. 55-97 § 10.2, 1997: Ord. 77-93 (part), 1993: Ord. 99-84 § 10.2, 1984).

8.40.030 - Fees.

The county shall require the following fees for its activities in accordance with the provisions of Chapters 8.04 through 8.40:

(1)

Threshold Determination. For every environmental checklist the county will review when it is the lead agency, the county shall collect a fee of one hundred ten dollars from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by said chapters for making a threshold determination shall not begin to run until payment of the fee. When the county completes the environmental checklist at the applicant's request or under WAC 173-806-090(3) of said chapters, an additional twenty-five dollars shall be collected.

(2)

Environmental Impact Statement.

(A)

When the county is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the county, the county may charge and collect a reasonable fee from any applicant to cover costs incurred by the county in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

(B)

The responsible official may determine that the county will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the county and may bill such costs and expenses directly to the applicant. The county may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the county and applicant after a call for proposals.

(C)

If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subdivision (a) or (b) of this subsection which remain after incurred costs are paid.

(3)

The county may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this ordinance relating to the applicant's proposal.

(4)

The county shall not collect a fee for performing its duties as a consulted agency.

(5)

The county may charge any person for copies of any document prepared under Chapters 18.04 through 18.40, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-200, filed 6/15/84. Formerly WAC 173-805-130.]

(Ord. 125-98 § 10.3, 1998: Ord. 55-97 § 10.3, 1997: Ord. 99-84 § 10.3, 1984).