Kitsap County Department of Community Development - Land Use Division, What is an Environmental Checklist?

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WHAT IS AN ENVIRONMENTAL CHECKLIST?

The environmental checklist is a document required by State law which requires an applicant to disclose the most probable environmental impacts which would occur as a result of the proposal. The checklist describes the various areas of impacts as "elements" of the environment and is used to determine the "environmental significance" of a proposal.

WHO REVIEWS THIS CHECKLIST?

The environmental checklist is reviewed by County Staff to make a threshold determination as to whether the project has a "significant" or "non-significant" impact on the environment.

WHAT HAPPENS AFTER STAFF REVIEW?

The SEPA Responsible Official issues either a Determination of Non-Significance (DNS) or a Determination of Significance (DS) for a project. When a DNS is issued, the checklist is circulated for 15 days to various local, state, federal agencies and tribal organizations that may have an interest in, or jurisdiction on, a proposal. Additionally, organizations or citizens which express interest in the proposal may review an environmental checklist. Comments received assist the Department of Community Development Staff in their analysis of a project's probable adverse impacts. Following the 15 day comment period, the project may proceed after all appropriate permits are issued. A non-significant project may still be subject to mitigating conditions to ensure that the project poses the least possible impact on the environment. When a project is determined to have a significant adverse impact on the environment, a DS is issued and a detailed Environmental Impact Statement (EIS) must be prepared prior to issuance of any permits.

CAN THE RESPONSIBLE OFFICIAL'S DECISION BE APPEALED?

Yes, the decision by the SEPA Responsible Official may be appealed by any aggrieved party to the Kitsap County Hearing Examiner. The appeal must be factual and based upon environmental grounds. The appeal must be received within 10 working days of the Responsible Officials issuance of a determination. The fee for an appeal is $200. Appeal procedures are outlined under Appeals of Departmental Ruling in the Hearing Examiner Ordinance, Ordinance No. 128 (as amended). The Hearing Examiner may uphold the Responsible Official's decision, overturn (reverse) the decision, or remand the issue back to the Responsible Official for additional consideration. The Hearing Examiner's decision is appealable to the Board of County Commissioners. The Commissioners' decision is appealable to Superior Court.

WHAT IS THE COST FOR ENVIRONMENTAL REVIEW?

The SEPA review fee ranges from $25 for a single family residence to $150 for major land use decisions and Shoreline Substantial Development permits. Please check with the appropriate Staff person.

HOW LONG DOES THE ENTIRE SEPA PROCESS TAKE?

The threshold determination on a project can take place within 15 days depending on how much additional information is required for Staff review. If an EIS is required, the process may take 12 to 18 months.

After the threshold determination and following the 10-day appeal period, or after completion of any appeal proceedings before the Board of County Commissioners, County permits may be issued.

WHO PREPARES THE CHECKLIST OR THE EIS?

The applicant or the applicants agent or consultant, prepares the SEPA document, even though the County is responsible for the content of the document. If more information is required, the County has the authority to refuse an application until a checklist is considered complete.

Last Updated: April 27, 2006

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