Probable permits needed for the project include:
State Environmental Policy Act (SEPA) - Revised Code of Washington (RCW) 43.21C
A state policy that requires state and local agencies to consider the likely environmental consequences of a proposal before approving or denying the proposal. This permitting process will address the conversion of forest land to non-forestry use and includes an environmental checklist.
- View the RCW covering the SEPA.
- View the Washington Administrative Code (WAC) 197-11 covering the SEPA rules.
The Planning Division of the Clallam County Department of Community Development (DCD) will determine:
- Determination of Non-Significance (DNS) - If the responsible official determines there will be no probable significant adverse environmental impacts from a proposal, the lead agency shall prepare and issue a determination of non-significance. Once this is completed, the agency will not be able to act on the proposal for 14 days. View WAC 197-11-340.
- Determination of Mitigated Non-Significance (DMS) - This allows clarifications or changes to a proposal prior to making the threshold determination. After submission of an environmental checklist and prior to the lead agency's threshold determination of a proposal, an applicant may ask the lead agency to indicate whether it is considering a Determination of Significance (DS). If the lead agency indicates a DS is likely, the applicant may clarify or change features of the proposal to mitigate the impacts which led the agency to consider a DS likely. The applicant shall revise the environmental checklist as may be necessary to describe the clarifications or changes. The lead agency shall make its threshold determination based upon the changed or clarified proposal. If a proposal continues to have a probable significant adverse environmental impact, even with mitigation measures, an EIS shall be prepared. View WAC 197-11-350.
- Determination of Significance (DS) - If the responsible official determines there may be a probable significant adverse environmental impact from a proposal, the responsible official shall prepare and issue a determination of significance. The DS shall describe the main elements of the proposal, the location of the site, and the main areas the lead agency has identified for discussion in the Environmental Impact Statement (EIS). View WAC 197-11-360.
- Environmental Impact Statement (EIS) - An EIS shall provide impartial discussion of significant environmental impacts and shall inform decision makers and the public of reasonable alternatives, including mitigation measures, that would avoid or minimize adverse impacts or enhance environmental quality. The EIS process enables government agencies and interested citizens to review and comment on proposed government actions. The process is intended to assist in the improvement of plans and decisions, and to encourage the resolution of potential concerns or problems prior to issuing a final statement. The WAC chapter on EIS is made up of 18 sections. It is recommended to view the chapter and section headings to determine which section is desired to review. View WAC 197-11 and go to Part Four for the EIS.
Conditional Use Permit (CUP)
This is the process which an activity or structure may be permitted in a zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood. The current zoning classification for the proposed shooting range property is Commercial Forest (CF) and shooting ranges are listed under this designation. During the process, there is a public input period and a determination by the Hearing Examiner that the proposal meets all of the regulations. If approved, the project identified in the CUP process must be completed within three years and may be extended by one year. The following criteria must be met for the CUP to be heard by the Hearing Examiner:
- Proposed action is consistent with the Clallam County Comprehensive Plan - The purpose of the Comprehensive Plan is to provide a guide for coordinated and orderly growth and development of the land and physical improvements in the unincorporated areas of Clallam County, including State lands. Together with common goals expressing the public's interest in the conservation and wise use of our lands, this Plan provides for the orderly growth of all the various uses of land; these common goals promote the public health, safety and welfare, and encourages economic development and efficient provision of public services and facilities. View the County's Comprehensive Plan.
- The proposed project is consistent with the Zoning Code - The Zoning Code provides official land use regulations for public and private property within Clallam County. View the County's Zoning Code.
- The proposed project is consistent with land uses within zoning district - The proposed shooting range property is located in the zoning classification of Commercial Forest (CF). The purpose of the Commercial Forest zone is to protect large forest land parcels from encroachment of uses which threaten effective forest management practices. Below are the allowed land uses, conditional land uses, and prohibited land uses in a CF zoning district:
- Allowed Land Uses. The following land uses should be allowed outright in the Commercial Forest zoning district:
- Agricultural activities
- Communication relay facilities
- Industrial land uses
- Mineral extraction
- Primitive campgrounds
- RV parks in the western half of the Straits Regional Comprehensive Planning Area
- Single-family dwellings
- Timber harvesting
- Timber labor camps
- Conditional Land Uses. The following land uses should be permitted in the Commercial Forest zoning district through a special permitting process with public input and a determination that the proposed use is consistent with applicable land use regulations and the character of the neighborhood:
- Asphalt plants
- Commercial horse facilities
- Family daycare providers
- Home-based industries
- Home enterprises
- Outdoor-oriented recreation facility
- Outdoor shooting ranges
- Research facilities
- RV parks
- Single-family dwellings
- Wood manufacturing
- Prohibited Land Uses. The following land uses should be prohibited in the Commercial Forest zoning district:
- Bed and breakfast inns
- Business parks
- Child daycare center
- Commercial greenhouses
- Commercial storage
- Gas stations
- Grocery stores
- Medical service facilities
- Mobile home parks
- Multiple-family dwellings
- Planned unit developments
- Professional offices
- Race tracks
- Retail stores
- Tourist shops
- Vehicular repair
- Veterinarian clinics/kennels
- Wrecking yards
Outdoor shooting ranges located in the Commercial Forest zoning district must meet the following standards as minimum requirements for granting a conditional use permit:
- Be self-contained in that extension of infrastructure is the minimum necessary to serve the facility and that no municipal sewer or water will be provided.
- Require only upgrades to existing roads for safety reasons and have clear access rights to roads.
- Be located, if possible, at least one-half mile, but not less than one-quarter mile from the edge of the Commercial Forest boundary to reduce noise impacts.
- All shooting areas must be designed so that spent shot or projectiles land well within the outer boundaries of the parcel.
- Any combination of clubhouse, indoor shooting range, or outbuildings is less than 10,000 square feet in total footprint. (Larger multi-use facilities are provided for as a master planned resort.)
- Campgrounds provided for in the definition of outdoor shooting ranges includes RV campgrounds for overnight use without hookups.
- Allowed Land Uses. The following land uses should be allowed outright in the Commercial Forest zoning district:
The proposal will have no unreasonable adverse impacts on the surrounding land uses which cannot be mitigated.
The site is posted for public notice - A notice of development application, in the form of a sign and written notice provided by the County, shall be posted on the subject property not more than ten days after notification that the application is deemed complete for processing nor less than fifteen (15) days prior to the date of a hearing, if applicable. An affidavit of posting shall be submitted by the applicant for the record. The notice shall remain on the property throughout the duration of the application review period and shall be replaced immediately upon knowledge of its removal. Failure to provide public notice due to unauthorized removal of duly posted signs beyond the control of the applicant shall not invalidate any proceedings required in this chapter. The sign shall be placed in the most visible area possible along a public right-of-way; if no public right-of-way is adjacent to the subject property, the sign shall be placed along an ingress/egress easement or another area as determined by the Administrator.
Adjacent property owners are to be notified and can comment before the established public hearing date - A notice of development applications shall be sent by mail by the Administrator not less than fifteen (15) days prior to the open record public hearing. The applicant is responsible for mailing costs of said notice and shall obtain the official list of names and addresses from the County Assessor's office. If the applicant/owner of the proposed project permit owns contiguous property to the project, notice shall apply to the boundaries of such contiguous parcels. Public notice is mailed to the property owner(s), applicant(s), authorized agent(s), and also to all owners of adjacent properties as follows:
The owners of property within 300 feet of the boundary of the subject property (or from the boundary of properties also owned by the owner/applicant which are contiguous to the development) if it is identified as being within an urban growth area by the Comprehensive Plan.
The owners of property within 600 feet of the boundary of the subject property (or from the boundary of properties also owned by the owner/applicant which are contiguous to the development) if it is identified as being a rural designation by the Comprehensive Plan.
The owners of property within 1,000 feet of the boundary of the subject property (or from the boundary of properties also owned by the owner/applicant which are contiguous to the development) if it is identified as commercial forest, commercial forest/mixed use, or agricultural overlay by the Comprehensive Plan.
Critical Area Code (CAC) Certificate of Compliance -
- The purpose of CAC is to identify and protect critical areas and to implement the goals and policies of the Clallam County Comprehensive Plan. The purpose is to protect public health, safety and welfare, and maintain or enhance the biological and economic resources of the County while respecting legally established private property rights. View the County's Critical Area Code. Compliance with the Critical Area Code is demonstrated through the issuance of a Certificate of Compliance. The CAC Certificate of Compliance is determined by the Hearing Examiner. The following issues constitute the need for the CAC Certificate of Compliance:
- The CAC governs wetlands, recharge aquifers, fish and wildlife habitat, flooded areas, and geologically hazardous areas
- Any structures within 200' of streams, wetlands and erosion hazards
- Protective buffers around wetland and streams will likely require a stormwater management plan (SMP) to address storm water quality/quantity.
- All proposed structures are planned outside of hazard areas (Mukilteo Muck), so a geotechnical report does not appear necessary. All construction is slated to occur in the areas listed as "Lyre very gravelly sandy loam"
- The public hearing that will take place for the CUP will occur after the DCD has made its recommendations and all of the required reports, design drawings, tests results, analysis, mediation measures, etc., have been submitted and public comments have been received. The following is a list of the procedures related to a CUP hearing:
- DCD will present project and findings to the Hearings Examiner
- Parks staff and proponents will be on hand to answer questions
- Members of the public will be able to make comments either verbally, in writing, or both
- The ruling is usually made within a few weeks. However, this will be determined by the Hearing Examiner and whether or not any other information is required
- The ruling is either approved or not with reasons for each. If approved, dates of construction will be given with mitigation measures as required
- The decision can be appealed.
All structures of the size and function of the type to be built at the proposed shooting range require a building permit from the DCD - Building Division. Components of this project that will require a building permit are:
- Club House
- Shooting Line Cover
- Retaining Wall
The Health and Human Services Department - Environmental Health Division will require the proposed site to pass the required permits should the site provide one of the following sites:
- If primitive facilities, where clients bring their own food and water, sani-kans may be provided for sanitary facilities
- With basic facilities (drinking fountains), the water system would be considered a Group B under County jurisdiction for service to 25 people or less per day
- If a campground or food service were present, the water system would likely be Group A and regulated by the state
- An online sewage service (other than sani-kans) including pit and vault toilets require a permit through the Environmental Health and Building Divisions
- Any food service or operations will require a permit through the Environmental Health Division.
This site is likely near a Class I wetland which requires a delineation to determine boundaries - Wetland delineation establishes the existence (location) and physical limits (size) of a wetland for the purposes of federal, state, and local regulations. View of the Washington State Department of Ecology wetland delineation information web pages. Wetland delineation should result in three things:
- A wetland boundary clearly marked in the field.
- A map that clearly identifies data collection points and the boundaries of the delineated wetland.
- A report that explains how the boundary was determined. It should include:
- A description of how and when the delineation was done
- Data forms used to delineate the wetland area
- The map described in Number b above
- Soil survey map