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WAC 197-11-960 SEPA Environmental Checklist
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Adopted SEPA Rules

In RE:
Adoption of State Environmental
Rules and Policies

Resolution Adopting Agency
Rules and Policies Under
SEPA  (RCW)  43.21C  et. seq.)


WHEREAS, the State Environmental Policy Act ("SEPA") authorizes the designation of SEPA Rules and Policies; and

WHEREAS, the Washington State Boundary Review Board for King County ("Board") has heretofore utilized, pursuant to WAC 197-11 et. seq., the SEPA Rules contained in Chapter 197-11, Washington Administrative Code; and

WHEREAS, the Board desires to adopt specific Rules and Policies as authorized by SEPA; and

WHEREAS, the Board has heretofore published and given notice pursuant to law of its intention to adopt SEPA Rules and Policies and conducted a public hearing on February 11, 1993.

NOW, THEREFORE, BE IT RESOLVED  that the Board adopt the following:

STATE ENVIRONMENTAL POLICY ACT RULES
OF THE WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY

I.  DEFINITIONS

The definitions of the words and terms of WAC 197-11-700 through 197-11-799 are made a part of this chapter along with the following addition:  the Board means Washington State Boundary Review Board for King County.

II.  PURPOSE
  1. The purpose of this chapter is to implement chapter 197-11 WAC, SEPA rules, as applicable to the Board.

  2. These policies and procedures are developed to implement SEPA in a manner which reduces duplication, establishes effective and uniform guidelines, encourages public involvement, and promotes certainty with respect to the requirements of the act.

III.  SCOPE AND COVERAGE OF THESE RULES.
  1. It is the intent of the Board that compliance with these rules shall constitute procedural compliance with SEPA for all actions as defined in WAC 197-11-704.

  2. These rules apply to all actions as defined in WAC 197-11-704 and apply to all activities of the Board.  Furthermore, although these guidelines normally do not apply to actions of the Board exempted under WAC 197-11-800 and 197-11-835, the Board accepts the responsibility of attempting to follow the intent of SEPA and its decision making process for exempt actions.

  3. To the fullest extent possible, the Board shall integrate procedures required by these rules with existing procedures.  These procedures should be initiated early, and undertaken in conjunction with other governmental operations to avoid lengthy time delays and unnecessary duplication of effort.

IV.  BOARD POLICY - SUBSTANTIVE AUTHORITY AND MITIGATION.
  1. The overriding SEPA policies of the Board are to avoid or mitigate adverse environmental impacts which may result from:

    1. Rapid proliferation of municipalities and haphazard extension of and competition to extend municipal boundaries; problems which adversely affect the quality and quantity and cost of municipal services furnished, the financial integrity of certain municipalities, consistency of local regulations and other incidents of local government; the creation and growth of municipalities in metropolitan areas and potential problems of competition among municipalities for unincorporated territory and the disorganizing effect thereof on land use, the preservation of property values and the desired objective of a consistent comprehensive land use plan for populated areas; and

    2. Recognition of the fact 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 (RCW  43.21C.020 [31] ).

  2. If an action is subject to SEPA, including an activity or activities requiring approval from the Board, and is reasonable likely to have a significant environmental impact as identified in an environmental document, the Board: 

    1. May require the submission of sufficient additional data as the Board deems necessary to render an informed decision as to the existence, nature, magnitude, mitigation and /or elimination of such adverse environmental impact; and

    2. Will require reasonable alternatives to the action and/or proven measures which will mitigate or eliminate the identified potential adverse impact, and make such alternatives and/or proven mitigation measures conditions of the Board approval; or

    3. Shall consider all annexations with existing or future zoning proposed for new development as having significant impact and shall consider the factors outlined in RCW  36.93.170;

    4. May deny the proposal if significant adverse impacts identified in a final or supplemental environmental impact statement prepared under chapter 197-11 WAC are not satisfactorily avoided or mitigated by proven techniques.

V.  TIMING OF THE SEPA PROCESS.

The environmental review process will normally have begun prior to the filing with the Board of a Notice of Intention containing a determination of nonsignificance (DNS), determination of significance (DS), scoping notice, or draft environmental impact statement (DEIS) when another agency is the lead agency.  While the Board may be an "agency with jurisdiction" as defined in the Washington Administrative Code, it is not anticipated that the Board will assume "lead agency status".

VI.  DESIGNATION OF RESPONSIBLE OFFICIAL.

Under normal circumstances, the responsible official is the Executive Secretary.  The responsible official shall carry out duties and functions for the purpose of assuring the Board compliance with SEPA and SEPA guidelines.  The responsible official may delegate duties and functions assigned under this chapter and chapter 197-11 WAC; the responsible official alone, however, is wholly responsible for proper accomplishment of such duties and functions.

VII.  SEPA PUBLIC INFORMATION CENTER.

The Board designates its offices as its SEPA public information center.  The mailing address is:

Washington State Boundary Review Board for King County
Central Building, Suite 608
810 Third Avenue
Seattle, WA  98104-1693
(206) 296-6800

VIII.  PUBLIC NOTICE.
  1. When required under chapter 197-11 WAC, the Board will give public notice by one or more of the following methods as appropriate for the specific circumstances:

    1. Notifying public and private groups and agencies with known interest in a certain proposal or in the type of proposals being considered;

    2. Notifying individuals with known interest in a certain proposal or in the type of proposal being considered;

    3. Publication in a newspaper of general circulation in the area in which the proposal will be implemented; and/or

    4. Posting the property.

  2. The Board may require a proponent to perform the public notice requirements at the proponent's expense.

IX.  ADOPTION BY REFERENCE - SUBSTANTIAL COMPLIANCE.

Except as modified by this chapter, the Board adopts the SEPA guidelines as adopted by the Department of Ecology (chapter 197-11 WAC) and as modified or amended from time to time.  Substantial compliance with these guidelines shall constitute compliance with this chapter.

X.  SEVERABILITY.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.  If any provision of this chapter conflicts with or contradicts any existing Rule of Practice and Procedure adopted by the Board, the provisions of these rules will control.

ADOPTED by the Washington State Boundary Review Board for King County this 11th day of February, 1993, by a vote of      8    in favor and     0    against, and signed by me in authentication of its said adoption on said date.

WASHINGTON STATE BOUNDARY
REVIEW BOARD FOR KING COUNTY

A. J. CULVER, Chair

ATTEST;

Executive Secretary