Administration | State Environmental Policy Act (SEPA) Procedures
d. An appeal of a DNS for actions classified as land use permit decisions in SDC 21.09.010B. must be filed within 21 calendar days following notice of the decision as provided in SDC 21.09.010L. For actions not classified as land use permit decisions in SDC 21.09.010B., no administrative appeal of a DNS is permitted. e. Administrative appeals of the adequacy of a final EIS are permitted for actions classified as Type 2, 3 or 4 land use permit decisions in SDC 21.09.010B., except Type 1 decisions for which the department has issued a threshold determination. Such appeals must be filed within 21 calendar days following notice of the decision or recommendation as provided in SDC 21.09.010L. f. The hearing examiner shall make a final decision on all procedural SEPA determinations. The hearing examiner’s decision may be appealed to superior court as provided in SDC 21.09.020U.1. 2. The hearing examiner’s consideration of procedural SEPA appeals shall be consolidated in all cases with substantive SEPA appeals, if any, involving decisions to condition or deny an application pursuant to RCW 43.21C.060 and with the public hearing or appeal, if any, on the proposal, except for appeals of a DS. 3. Administrative appeals of decisions to condition or deny applications pursuant to RCW 43.21C.060 shall be consolidated in all cases with administrative appeals, if any, on the merits of a proposal. 4. Notwithstanding the provisions of subsections 1. through 3. of this section, the department may adopt procedures
under which an administrative appeal shall not be provided if the director finds that consideration of an appeal would be likely to cause the department to violate a compliance, enforcement, or other specific mandatory order or specific legal obligation. The director’s determination shall be included in the notice of the SEPA determination, and the director shall provide a written summary upon which the determination is based within five days of receiving a written request. Because there would be no administrative appeal in such situations, review may be sought before a court of competent jurisdiction under RCW 43.21C.075 and applicable regulations, in connection with an appeal of the underlying governmental action.
M. Department procedural rules
1. The department may prepare rules and regulations pursuant to Chapter 2.55 SMC for the implementation of SEPA, Chapter 197-11 WAC, and this chapter. 2. The rules and regulations prepared by the department shall not become effective until approved by council motion.
644 | Title 21: Sammamish Development Code
Effective | January 1, 2022
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