Wash. Admin. Code § 197-11-158 - SEPA/GMA project review - Reliance on existing plans, laws, and regulations
(1) In reviewing
the environmental impacts of a project and making a threshold determination, a
GMA county/city may, at its option, determine that the requirements for
environmental analysis, protection, and mitigation measures in the GMA
county/city's development regulations and comprehensive plan adopted under
chapter
36.70A RCW, and in other
applicable local, state, or federal laws or rules, provide adequate analysis of
and mitigation for some or all of the specific adverse environmental impacts of
the project.
(2) In making the
determination under subsection (1) of this section, the GMA county/city shall:
(a) Review the environmental checklist and
other information about the project;
(b) Identify the specific probable adverse
environmental impacts of the project and determine whether the impacts have been:
(i) Identified in the comprehensive plan,
subarea plan, or applicable development regulations through the planning and
environmental review process under
chapter
36.70A RCW or this chapter,
or in other local, state, or federal rules or laws; and
(ii) Adequately addressed in the comprehensive
plan, subarea plan, applicable development regulations, or other local, state, or
federal rules or laws by:
(A) Avoiding or
otherwise mitigating the impacts; or
(B) The legislative body of the GMA county/city
designating as acceptable the impacts associated with certain levels of service,
land use designations, development standards, or other land use planning required
or allowed by
chapter
36.70A RCW;
(c) Base or condition
approval of the project on compliance with the requirements or mitigation
measures in the comprehensive plan, subarea plan, applicable development
regulations, or other local, state, or federal rules or laws; and
(d) Place the following statement in the
threshold determination if all of a project's impacts are addressed by other
applicable laws and no conditions will be required under SEPA: "The lead agency
has determined that the requirements for environmental analysis, protection, and
mitigation measures have been adequately addressed in the development regulations
and comprehensive plan adopted under
chapter
36.70A RCW, and in other
applicable local, state, or federal laws or rules, as provided by
RCW
43.21C.240 and WAC
197-11-158. Our agency will not
require any additional mitigation measures under SEPA."
(3) Project specific impacts that have not been
adequately addressed as described in subsection (2) of this section might be
probable significant adverse environmental impacts requiring additional
environmental review. Examples of project specific impacts that may not have been
adequately addressed include, but are not limited to, impacts resulting from
changed conditions, impacts indicated by new information, impacts not reasonably
foreseeable in the GMA planning process, or impacts specifically reserved in a
plan EIS for project review.
(4) In
deciding whether a project specific adverse environmental impact has been
adequately addressed by an existing rule or law of another agency with
jurisdiction, the GMA county/city shall consult orally or in writing with that
agency and may expressly defer to that agency. In making this deferral, the GMA
county/city shall base or condition its project approval on compliance with these
other existing rules or laws.
(5) If
a GMA county/city's comprehensive plan, subarea plan, or development regulations
adequately address some or all of a project's probable specific adverse
environmental impacts, as determined under subsections (1) and (2) of this
section, the GMA county/city shall not require additional mitigation under this
chapter for those impacts.
(6) In
making the determination in subsection (1) of this section, nothing in this
section requires review of the adequacy of the environmental analysis associated
with the comprehensive plans and development regulations that are being relied
upon to make that determination.
Notes
Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-158, filed 10/10/97, effective 11/10/97.
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