26.10.640 State Environmental Policy Act (SEPA) appeals.
The Board of County Commissioners establishes the following administrative SEPA appeal procedures under RCW 43.21C.075 and WAC 197-11-680 (SEPA).
(1) Threshold Determination for Type I and II Permits – Open Record Appeal Hearing and Closed Record Appeal. A threshold determination of significance (DS) by the responsible official on a Type I or II permit shall be processed in accordance with Chapter 27.01 CCC. All other threshold determinations by the responsible official on Type I or II permits may be appealed to the Hearing Examiner for an open record public hearing. Said appeal shall be filed within 14 days of the date of the mailing of the administrative decision on the underlying permit. The decision on the appeal shall be consolidated with the Hearing Examiner decision on the underlying permit application.
(2) Threshold Determination for Type III Permits – Closed Record Hearing with Underlying Permit. An appeal of threshold determination of significance (DS) on a Type III permit shall be processed in accordance with Chapter 27.01 CCC. Said appeal shall be filed within 14 days of the date of the mailing of the Hearing Examiner’s decision on the underlying permit. The decision on the appeal may be consolidated with a land use matter pending before the Hearing Examiner on the underlying permit application.
(3) Any appeal of the SEPA threshold determination under this section shall include the following:
(a) The decision being appealed;
(b) The name and address of the appellant and their interest(s) in the matter;
(c) The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;
(d) The desired outcome or changes to the decision;
(e) The appeal fee as required by Chapter 5.100 CCC, Consolidated Fee Schedule;
(f) Any additional requirements set forth in the underlying code.
(4) The threshold determination by the Clallam County responsible official shall carry substantial weight in any appeal proceeding.
(5) The County shall give official notice under WAC 197-11-680(5) (SEPA) stating the date and place for commencing an appeal.
(6) Timing of SEPA Appeals.
(a) There shall be no more than one County appeal proceeding on procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement). The appeal proceeding on a determination of significance may occur before the County’s final decision on a proposed action.
(b) The County shall consolidate an appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measure or to deny a proposal with a hearing or appeal on the underlying governmental action), by providing for a single simultaneous hearing before one hearing body to consider the agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the appeal, if any, of a determination of significance).
(7) Reconsideration procedures of a SEPA threshold decision or appeal are not provided.
(8) For any appeal of the SEPA threshold determination under this section, the record shall consist of the following:
(a) Findings and conclusions;
(b) Documents admitted to the record.
(9) The County shall electronically record the proceedings. Copies of tapes of the proceedings and written transcripts are provided upon request and payment of reasonable fees.