By Marcy Stamper
The Okanogan County commissioners are considering revisions to the county code that would affect who reviews applications for land-use matters such as subdivisions, planned developments and conditional-use permits, as well as countywide policies like the comprehensive plan. The changes would also affect the appeal process for these decisions.
A main intent of the proposed changes is to separate what are known as quasi-judicial matters from legislative actions, according to Okanogan County Planning Director Perry Huston. Quasi-judicial matters are site-specific and include rezones, planned developments and subdivisions. Legislative matters set the policy for land use and include overall planning documents such as the comp plan, he said.
If approved, all site-specific applications would be decided by the county’s hearing examiner after a public hearing. These applications were previously heard by the county’s planning commission or board of adjustment. Smaller proposals like short plats, which are subdivisions of four lots or fewer, would still come before the planning director.
The planning commission would continue to review and advise the county commissioners on broad, legislative matters including the comp plan. The county commissioners make the final decision on these issues.
Appeals process
In addition, the proposed changes are intended to clarify the process for appeals.
Appeals of administrative actions — decisions on small projects made by county staff or the planning director — would be appealed to the hearing examiner. Appeals of decisions made by the hearing examiner would be filed in Okanogan County Superior Court.
While the county commissioners would still have the final authority on land-use applications, the commissioners would only approve or reject the hearing examiner’s decision. Any appeal would be of the hearing examiner’s decision, not the commissioners’, said Huston.
Appeals of documents such as the comp plan will not involve the hearing examiner if the changes are approved, but would be made in Okanogan County Superior Court.
Many sections of the existing code describing the responsibilities of the hearing examiner have been eliminated in the proposed changes, such as documents and policies that the examiner must comply with. Huston said compliance is covered by other sections of county code or state law.
Other changes to the appeals process involve the review of proposals under the State Environmental Policy Act (SEPA). Under SEPA, many projects must be reviewed for potential environmental impact and can be appealed.
However, the proposed code amendments would clarify that only the final SEPA determination can be appealed, not the preliminary, or “threshold,” determination, said Huston. The only preliminary decisions that could be appealed are findings of “significance”; that is, that the project would have an adverse effect on the environment.
For matters such as the comp plan, appeals could be brought only after the county commissioners issue a final decision. These appeals can address items in the SEPA review or the final document and would be brought before Superior Court.
If the changes are approved, the board of adjustment would no longer be needed, said Huston.
Okanogan County began using a hearing examiner for some land-use matters late last year. The county entered into a contract with Dan Beardslee, a surveyor and land-use consultant, for a one-year trial period. Beardslee’s contract, which runs through the end of November, sets a fee of $150 per hour.
Copies of the proposed amendments are available from the planning department at (509) 422-7218 or phuston@co.okanogan.wa.us.
A hearing on the proposals before the county commissioners will be held on Monday (Sept. 22) at 3 p.m. in the commissioners’ hearing room in Okanogan. People may testify at the hearing or submit comments in advance to ljohns@co.okanogan.wa.us.
