Forest Practices Moratorium Ordinance

Forest Practices Moratorium Ordinance
lV "8 ~]
ORDINANCE NUMBER
AN ORDINANCE TO ESTABLISH A NEW CHAPTER OF THE
MASON COUNTY CODE TO APPLY AND REMOVE
DEVELOPMENT MORATORIJ{ FOR CERTAIN FOREST PRACTICES.
Ui\4.
WHEREAS, as of July 27, 1997, all property on which a Class II, III or IV Special Forest
Practice approval has been issued (per RCW 76.09), or where the timber harvesting takes place
without an application, are subject to a six (6) year moratorium on development approvals; and ,
WHEREAS, the moratorium is required by state law, RCW 76.09.060; and
WHEREAS, the state law also provides for the County to adopt a process by which the
moratorium can be waived or removed; and
WHEREAS, the proposal was sent with a recommendation for adoption by the Mason County
Planning Commission after a public hearing on August 17, 1998; and
WHEREAS, the Board has held a public hearing on September 15, 1998, and made fmdings of
fact, ATTACHMENT "A", based on the record before it;
NOW, TIIEREFORE, BE IT HEREBY ORDAINED, .that the Board of County
Commissioners of Mason County hereby approves and adopts the development regulations
described by ATTACHMENT "C", and the fee schedule described by ATTACHMENT "B".
I~ __
DATED this _ __
day of
,?., ... LiA • .
BOARD OF COUNTY COMMISSIONERS
Mason County, Washington
John
A.
'Bolender, Chair
-
U(.AVr~
,
1998.
ATTEST:
~A?~
·
·
Clerk of the Board
PROVED AS TO FORM:
( fMk~~iEf
D. Olsen, Commissioner
Prosecuting Attorney
l)fi\
MASON COUNTY ORDINANCE
ATTACHMENT "A"
1 () -Cf3
Mason County Board of Commissioners
Public Hearing - September 15, 1998
Findings of Fact
1.
Under consideration is a proposed Ordinance to meet the
requirements of SSB 5714. This legislation amended RCW 76.09.
There were several major changes to this RCW. This Ordinance
provides a process to remove a six (6} year moratorium from
subject property.
2.
The creation of this ordinance was guided by the amen4ments
to RCW 76.09. This Ordinance has been sent. to DNR for thei:z:review and was found to be in compliance.
3.
A State Environmental Policy Act Determination of
Nonsignificance was issued on this proposed ordinance on July 31,
1998.
4.
The Planning Commission held a public hearing on August 17,
1998, and considered the testimony given along with the record
before it.
5.
The Board of Commissioners held a public hearing on
September 17, 1998, and considered the testimony given along with
the record before it.
·
6.
The proposal is consistent with and balances the goals of
the Growth Management Act.
7.
The proposal is consistent with and implements the Mason
County Comprehensive Plan.
From the preceding findings, it concluded that the proposal
should be approved as moved by the Mason County Board of
Commissioners.
County Board of Commissioners
\0 -b-~
Date
ATTACHMENT "B"
FEES ASSOCIATED WITH THE FORES PRACTICES MORATORIUM
ORDINANCE NUMBER \()8---CV
ARE AS FOLLOWS:
1.
MORATORIUM WAIVER
WAIVER AND SEPA
WAIVER
SEPA
$390.00
$110.00
TOTAL
2.
$500.00
MORATORIUM REMOVAL
REMOVAL AND SEPA
REMOVAL
SEPA
ADVERTISEMENT
TOTAL
$790.00
$110.00
$100.00
$1000.00
All After-The-Fact Permit Applications, when allowed, shall be charged TRIPLE the original
amount. Requiring an After-The-Fact Permit shall be determined by the Director of Community
Development based on all applicable County rules and regulations.
Where the Mason County Department of Public Works has a single project that covers multiple
parcels of property and those parcels have had multiple forest practice permits issued, they would
be required to apply for a single release of the moratorium. If there are one or more violations,
then the Public Works Department, for the above mentioned project, would only be required to
pay for one violation for the release of the moratorium on all of the tracts involved in the project.
Properties that are not owned at the time of application but which come into county ownership in
the process of completing the project will be considered as part of the original application.
MASON COUNTY ORDINANCE _
ATTACHMENT "C"
I--'1:>8
--_·-_Ct_i _
MASON COUNTY
FOREST PRACTICES MORATORIUM ORDINANCE
SECTION 1. A new Chapter xx.xx of the Mason County Code is hereby adopted to read as
follows:
xx.xx.100 PURPOSE
As of July 27, 1997, all property on which a Class II, III or IV Special Forest Practice approval
has been issued (per RCW 76.09), or where the timber harvesting takes place without an
application, are subject to a six (6) year moratorium on development approvals. Mason County is
required to deny all development permits, including building permits and subdivision applications,
on these properties. This is required by state law, RCW 76.09.060. However, the state law also
provides for the County to adopt a process by which the moratorium can be waived or removed.
This chapter provides a waiver process by which the applicant may obtain the necessary permits
to build a single family home and/or outbuildings on an existing lot during the 6.year moratorium.
The chapter also provides a moratorium removal process by which an applicant may have the 6
year moratorium on development removed, although conditions may be placed on that removal.
This chapter also provides for the review of the forest practices prior to the July 27, 1997
consistent with the statute which was in place at that time.
l
xx.xx.llO SHORT TITLE
This chapter may be referred to as the F crest Practices Moratorium Ordinance.
xx.xx.l20 DEFINITIONS
Applicant: The person, party, firm, corporation or legal entity, or agent thereof, that requests a
waiver or removal of the moratorium.
Board: The legislative authority ofMason County, the Board of County Commissioners.
Comprehensive Plan: The current Comprehensive plan of Mason County approved by the Board
pursuant to State Law.
Conversion: Removal of trees with the intent or effect of conversion to an actual use or
condition that is incompatible with the growing of timber. Land which has been cleared is
considered to be converted.
County: Mason County, Washington.
Critical Areas: The critical area designated by the Mason County Interim Resource Ordinance,
#77-93, as amended. Specifically, this includes: wetlands, aquifer recharge areas, aquatic
management areas, terrestrial management areas, frequently flooded areas, landslide hazard areas,
seismic hazard areas, and erosion hazard areas.
Development Code: The Mason County Development Code, Resolution No. 136-96, as
amended.
Development Permit or Development Permit Application: Any land use or environmental
permit or license required from a local government for a project action, including but not limited
to building permits, subdivisions, septic system permits, well permits, binding site plans,
conditional uses, short plat or large lot subdivisions, special use permits, shoreline substantial
development permits, site plan review, and site-specific rezones.
Director: When not otherwise identified, the Director shall be the Director of the Mason County
Department of Community Development.
DNR: The Washington State Department ofNatural Resources.
Forest Practice Application: The application required to be submitted to the Washington State
Department ofNatural Resources (DNR) for the harvest of forest products.
Moratorium notice: The form prepared by the Department ofNatural Resources and required to
be submitted with a forest practice application/notification for a non-conversion forest practice
and required to be filed with the county Assessor's Office as provided in RCW 76.09.060.
Non-Forestry Use: Is an active use ofland which is incompatible with timber growing.
Review authority: The Director of Community Development, Director of Health Services, the
Fire Marshal, and the Building Official, depending on the responsibility as determined by the
respective codes, ordinances, and regulations.
Shorelines: The shorelines of statewide significance per the Mason County Shoreline Master
Program and aquatic management areas per the IRO.
Timber Harvest or Harvest: The activity pertaining to the cutting and/or removal of forest
product which is subject to the moratorium provisions of chapter 76.09, RCW.
Vegetation Area: As defined in the Mason County Interim Resource Ordinance.
xx.xx.200 ESTABLISHMENT OF THE MORATORIUM
Mason County shall deny any applications to the county for development permits, including
building permits, septic permits, and subdivision approvals, relating to the non-forestry uses of the
land subject to a moratorium established by chapter 76.09 RCW, unless the moratorium has been
removed or waived by the County as provided in this chapter. Where timber harvest is pursuant
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Mason County Forest Practices Moratorium Ordinance
to a forest practice permit approval, the limd subject to the moratorium shall be that area which is
the site of the timber harvest as shown on the forest practice application. Where the timber
harvest has been done without an approved application, then the land subject to the moratorium
shall be the area harvested including small unharvested islands which would normally be mapped
as part of the harvest unit on a submitted permit. The applicant shall be responsible for
determining that area by a survey submitted with any application.
xx.xx.21 0 PREPARATION OF MORATORIUM NOTICES
Prior to submitting the moratorium notice required by the DNR for non-conversion forest
practices to that agency, the landowner may consult with the County and the County shall review
the information on the moratorium notice with respect to the ownership, Assessor's property tax
parcel number for the property involved, and the legal description for the portion of the site to be
cut.
xx.xx.220 RECORDING OF MORATORIUM NOTICES
The Director of the Department of Community Development or his designee shall file with the
Mason County Auditor the moratorium notice after the receipt of said notice from the DNR.
xx.xx.220 ADMINISTRATION OF THE MORATORIUM
The Director of the Department of Community Development shall have the authority to determine
that an application is subject to the moratorium, and the application shall be denied by the review
authority at that time. Such an administrative determination may be appealed to the Mason
County Board of Commissioners pursuant to the procedures and requirements contained in the
Mason County Development Code.
xx.xx.300 MORATORIUM WAIVER
The county may waive the moratorium for some types of development permits and approvals, as
provided in this chapter. The moratorium may only be waived for the purposes of constructing a
single-family residence or outbuildings, or both, on a legal lot and building site.
xx.xx.310 WAIVER- AUTHORITY
The Director of the Department of Community Development shall have the authority to approve,
approve with conditions, or deny a request for a waiver of the moratorium, pursuant to the
procedures and requirements ofthis chapter.
xx.xx.330 WAIVER- PROCESS
A
The request will be made to the Department of Community Development on the
application form provided by that department and accompanied by a completed county
environmental checklist and any established fees.
B.
The application shall be reviewed as a Type II, administrative decision with notice, as
provided for in the Mason County Development Code.
C.
Standards for waiving the moratorium:
Page 3
Mason County Forest Practices Moratorium Ordinance
' 1.
2.
3.
4.
5.
The development area shall be no larger than two (2) acres in size.
The harvest and reforestation ofthe property shall be completed as specified in the
approved forest practices application/notice.
There shall be no damage to a critical area or its associated vegetation area nor to
the shoreline area or that any damage to those areas is repairable with restoration.
The proposed development shall be consistent with the county plan and
development regulations.
Mitigation shall be required for impacts to critical areas, stormwater, and
shorelines. Other mitigation shall be required to prevent significant adverse
environmental impacts, pursuant to county Ordinance #55-97, the Environmental
Policy Ordinance.
xx.xx.340 WAIVER- PERMITS WIITCH MAY BE ISSUED
A
Permits which may be allowed under the moratorium waiver:
1.
Building permits for the single-family residence and for residential outbuildings
2.
Single-family on-site septic system permit
3.
Road access permits
4.
Earth modification permits
5.
Shoreline Master Program approvals
6.
Well or potable water permits
7.
Other approvals necessary the development of a single-family residence and
outbuildings.
B.
Any permits issued under the waiver shall be conditioned, as necessary, to limit the
approval to only that development consistent with the intent of this section and necessary
for the establishment of a single-family dwelling or outbuildings, or both.
xx.xx.400 MORATORillM REMOVAL
The county may remove the moratorium on the property as provided in this chapter.
xx.xx.41 0 MORATORillM REMOVAL- AUTHORITY
The Director of the Department of Community Development shall have the authority to remove
the moratorium upon the request of the property owner only when an approved forest practices
application has been either withdrawn or expired, and no harvest in reliance upon such approval
has taken place. In other requests by the property owner for removal of the moratorium, the
Board of County Commissioners shall have the authority to approve, approve with conditions, or
deny a request for a removal of the moratorium, pursuant to the procedures and requirements of
this chapter.
xx.xx.420 MORATORillM REMOVAL- PROCESS
A.
The request will be made to the Department of Community Development on the
application form provided by that department and accompanied with any established fees.
Page4
Mason County Forest Practices Moratorium Ordinance
B.
C.
D.
The application shall be reviewed as a Type III, quasi-judicial decision, as provided for in
the county Development Code.
Standards and findings required for removing the moratorium:
1.
The person requesting the removal did not attempt to avoid the county review or
restrictions of a conversion forest practices applications.
2.
The harvest and reforestation ofthe property shall be completed as specified in the
approved forest practices application/notice.
3.
There shall be no damage to a critical area. or its associated vegetation area nor to
the shoreline area or that any damage to those areas is repairable with restoration.
4.
The proposed development shall be consistent with the county plan and
development regulations.
5.
Mitigation shall be required for impacts to critical areas, stormwater, and
shorelines. Other mitigation shall be required to prevent significant adverse
environmental impacts, pursuant to county Ordinance #55-97, the Environmental
Policy Ordinance.
Where the timber harvesting takes place without an approved forest practice application
(per RCW 76.09), removal of the moratorium shall meet the standards and :findings
required in xx.xx.420 C, and shall have the additional condition that no permits will be
issued for a period of one (1) year to assure that the mitigation measures have been
implemented and are successful, unless the applicant posts a bond one and one-half(1.5)
times the estimated amount adequate to cover the costs for the county to do the entire
mitigation. If a bond is posted with the county to assure that the mitigation will be done
and at the end of one (1) year the mitigation has not been fully completed, the money from
the bond shall be used by the county to complete the mitigation.
xx.xx.430 MORATORTIJM REMOVAL- PERMITS WHICH MAY BE ISSUED
Once a moratorium has been removed, any development permit or approval may be issued by the
county according to the relevant Mason County Code, ordinances or regulations, provided that
such approvals may be conditioned based on any conditions established in the moratorium
removal.
xx.xx.500 OTHER FOREST PRACTICE APPLICATIONS - MORATORllJM
Except for lands subject to Class IV General Forest Practices, all lands subject to Forest practice
approvals issued by DNR which are not subject to the automatic six-year moratorium on
development established in chapter 76.09 RCW, effective July 27, 1997, shall be subject to a
moratorium as provided in this chapter for six years from the date of the approval of the
application, provided that, for these lands, the Director shall have the authority to remove the
moratorium upon the application and payment of fees by the property owner. The Director shall
remove the moratorium as provided in this section only if it is shown that adverse impacts to the
environment have been restored or adequate mitigation has been provided for those impacts.
PageS
Mason County Forest Practices Moratorium Ordinance
xx.xx.520 OTHER FOREST LANDS- MORATORITJM
Lands on which the owner or operator failed to obtain an approved forest practice application
from DNR, the DNR has determined that such an application was required, and the discovery of
said action by the DNR or the county occurred prior to July 27, 1997, shall be subject to a
moratorium as provided in this chapter for six years :from the date of the discovery by the DNR or
by the county, provided that, for these la:nds, the Director shall have the authority to remove the
moratorium upon the application and payment of fees by the property owner. The Director shall
remove the moratorium as provided in this section only if it is shown that adverse impacts to the
environment have been restored or adequate mitigation has been provided for those impacts.
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Mason County Forest Practices Moratorium Ordinance
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