PART 200 Imposition, Lift, and Waiver of the Six-Year Development Moratorium.
30.43F.220 Six-year development moratorium.
(1) Applicability. The department shall impose a six-year development moratorium on a site when any of the following occurs:
(a) The department receives from the Washington State Department of Natural Resources a notice of conversion to a nonforestry use under RCW 76.09.060.
(b) The department discovers a violation of a Class IV-General forest practices permit.
(c) The department becomes aware that a landowner converted his or her land to a nonforestry use without the proper permits or approvals that are required under this chapter.
(d) The department discovers that any condition of a conversion option harvest plan (COHP) approved by the department has been significantly violated.
(i) For the purposes of this subsection, a significant violation of a COHP means exceeding the conditions of the COHP such as, but not limited to:
(A) Enlarging the area approved to be harvested, or increasing the volume of timber approved to be harvested; or
(B) Engaging in forest practices within a critical area or a critical area buffer as defined in chapters 30.62A and 30.62B SCC.
(ii) If the department discovers that any condition of a COHP is significantly violated, a six-year development moratorium shall be recorded from the date the associated forest practice approval became effective.
(2) Duration of the six-year development moratorium. Unless relief is granted under this chapter, the department shall deny any application for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of land that is subject to the six-year development moratorium:
(a) For a period of six years from the approval date of the applicable forest practices application or notification issued by the Washington State Department of Natural Resources, or the date that either the department or the Washington State Department of Natural Resources discovered the unauthorized harvest activities; or
(b) Until the following activities are completed for the subject site:
(i) Full compliance with the State Environmental Policy Act (chapter 43.21C RCW), if applicable;
(ii) The Washington State Department of Natural Resources has notified the department that any outstanding final orders or decisions it has issued concerning the site have been resolved; and
(iii) The department makes a determination that the subject site is in full compliance with the Snohomish County Code. If full compliance is not found, the landowner must submit to the department a mitigation plan to address the violations. Required mitigation plans must be prepared by the landowner and approved by the department. Once approved, the mitigation plan must be implemented by the landowner.
(3) Notification to the landowner of imposition of the six-year development moratorium.
(a) The department shall notify the landowner when the following occurs:
(i) The department receives a notice of conversion to a nonforestry use from the Washington State Department of Natural Resources for the subject site; or
(ii) The department has identified a violation of this chapter as described in subsection (1) of this section.
(b) The notification shall contain the following:
(i) Name of landowner and tax parcel number;
(ii) Basis for the moratorium;
(iii) The effective date of the moratorium; and
(iv) Description of the appeal process.
(4) Extent of application of the six-year development moratorium. The six-year development moratorium imposed by the department shall apply to an entire site, unless the applicant can demonstrate that the area subject to forest practices activities complies with all provisions of the Snohomish County Code. Where such compliance is demonstrated, the moratorium shall only apply to those portions of the site that were subject to the actions described in subsection (1) of this section.
(5) Appeals.
(a) Appeals of a notice of conversion to a nonforestry use issued by the Washington State Department of Natural Resources can be appealed to the Washington State Pollution Control Hearings Board under chapter 43.21B RCW.
(b) Appeals of the department’s imposition of the six-year development moratorium resulting from actions described in subsections (1)(b), (c), and (d) of this section, can be appealed under the procedures in SCC 30.71.050.
(6) Recording of the six-year development moratorium. The department shall record the six-year development moratorium with the county auditor after the appeal deadline to challenge the moratorium has expired, or after all appeals have been resolved if any appeals have been filed. (Added by Amended Ord. 15-033, June 3, 2015, Eff date June 19, 2015).