27.01.210 Appeals.
Clallam County establishes the following administrative appeal procedures under RCW 43.21C.075, WAC 197-11-680, and Chapter 26.10 CCC whereby consolidation of public hearings on projects and appeal hearing are made to the fullest extent possible, as follows:
(1) An aggrieved party may appeal the adequacy of a final EIS (FEIS) pursuant to the following procedures:
(a) Appeals relating to the adequacy of a FEIS shall be consolidated in all cases with the public hearing, if any, of the underlying governmental action. Appeals of the adequacy of a FEIS shall be made within 14 days of the issuance of the FEIS and shall be consistent with Chapter 26.10 CCC.
(b) If an appeal relating to the adequacy of a FEIS is filed, at the same public hearing on the underlying governmental action, if applicable, the decision-making body shall either affirm or reverse the decision of the responsible official and shall prepare a finding on its decision on the FEIS appeal. The powers of the decision-making body (e.g., Planning Commission) on FEIS appeals shall be consistent with the powers on the underlying governmental action. For example, the Planning Commission provides a recommendation on rezones to the Board of Commissioners; in such a situation, the Board of Commissioners would have final authority on the adequacy of the FEIS. On the other hand, the Hearing Examiner issues final decisions on shoreline permits, subject to appeal; in this situation, an appeal of the adequacy of the FEIS would accompany an appeal of the shorelines decision. If the decision-making body determines that the FEIS is not adequate, it may remand the FEIS to the responsible official requiring that specific impacts be reconsidered.
(c) If no public hearing process is required for the underlying governmental action, or if the underlying governmental action is appealed or advisory, review of the FEIS adequacy shall be heard by the Hearing Examiner in accordance with appeal procedures as set forth in Chapter 26.10 CCC.
(2) An aggrieved party may appeal a final DNS pursuant to the following procedures:
(a) Appeals relating to the adequacy of a final DNS shall be filed with the Hearing Examiner, except that an appeal of a SEPA threshold determination, which is part of the decision on the underlying permit, shall be filed with the Superior Court as an appeal of a land use or other appropriate tribunal.
(b) At the open or closed record hearing before the Hearing Examiner on the appeal, whichever applies, the Hearing Examiner shall either affirm or reverse the decision of the responsible official which is a part of the underlying permit decision. If the Hearing Examiner determines that the DNS is not adequate, it may:
(i) Remand the decision to the responsible official requiring that specific impacts be reconsidered. The Hearing Examiner shall adopt a finding which substantiates the need for a new public hearing for proper and adequate review of the project and wherever possible, all parties shall agree to such process. The new public hearing shall be duly advertised to the parties of record after which the decision-making body shall take action on said permit; or
(ii) Modify the decision of the decision-making body in accordance with the processing of appeals of the underlying permit as specified in Chapter 26.10 CCC.
(3) An applicant may appeal a determination of significance to the Hearing Examiner within 14 days of the date the DS is issued. The processing of an appeal of a DS is exempt from the public hearing limitations set forth in Chapter 26.10 CCC.
(4) For any appeal under this section, the County shall provide for a record that shall consist of the following:
(a) Findings and conclusions; and
(b) A taped or written transcript.
(c) The County may require the appellant to provide an electronic transcript.
(5) The procedural determination by the County’s responsible official shall carry substantial weight in any appeal proceeding.
(6) The County shall give official notice pursuant to WAC 197-11-680(4) and (5) whenever it issues a license or project approval for which a statute or ordinance exists which establishes a time limit for commencing judicial appeal.