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Regulations Manual

Administrative Regulations Manual & Procedures

Under Policy Governance®, within the directives and limitation listed in the Board Governance Policies, the Board delegates the development and implementation of Administrative Regulations and procedures to the Superintendent and staff, except in regard to issues for which they are mandated by law to take direct action. A comprehensive review and revision of all District policies and procedures was completed between August and December 2015, and the conversion to an Administrative Regulations Manual was completed on February 1, 2016.

Regulations establish legal records and standards of conduct for the school district. Regulations can provide a bridge between the School Board's philosophy and goals and the everyday administration of programs.

The Issaquah School District is continually updating Regulations and procedures to keep current with state laws and regulations as well as best practices. Regulations or procedures on this website may be in transition or in process of being revised. Please contact Tricia Romo, Public Records Officer, if you have a specific policy question or to double-check on a Regulation.

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6000 - Administration and Management Support

State Environmental Policy Act Compliance - 6890


Code: 6890

Adopted: 6/23/2016

POLICIES AND AUTHORITY

The District adopts by reference the policies of the State Environmental Policy Act as expressed in RCW 43.21C.010 and RCW 43.21C.020, and pursuant to WAC 197-11-902, and adopts these procedures pursuant to RCW 43.21C.120 and WAC 197-11-904.

PART ONE GENERAL REQUIREMENTS

Section 1. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE.

This part contains the basic requirements that apply to the SEPA process. The following sections of Chapter 197-11 of the Washington Administrative Code are adopted by reference:

WAC

  • 197-11-040 Definitions
  • 197-11-050 Lead agency
  • 197-11-055 Timing of the SEPA process
  • 197-11-060 Content of environmental review
  • 197-11-070 Limitations on actions during SEPA process
  • 197-11-080 Incomplete or unavailable information
  • 197-11-090 Supporting documents
  • Information required of applicants

Section 2. ADDITIONAL DEFINITIONS.

In addition to those definitions contained within WAC 197-11-700 through 799, when used in these procedures, the following terms shall have the following meanings, unless the context indicates otherwise:

  1. “District” means the Issaquah School District No. 411, King County, Washington.
  2. “Procedures” means the procedures prepared and adopted by the District to implement SEPA regulatory requirements.
  3. “Resolution” means the resolution or other policy used by the District to adopt regulatory requirements.
  4. “SEPA rules” means chapter 197-11 WAC adopted by the Council on Environmental Policy
  5. “Board” means the Board of Directors of the District
  6. “Superintendent” means the Superintendent of the District.

Section 3. DESIGNATION OF RESPONSIBLE OFFICIAL.

  1. For those proposals for which the District is the lead agency, the responsible official shall be the Superintendent or his/her designee.
  2. For all proposals for which the District is the lead agency, the responsible official shall make the threshold determinations, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that are adopted by reference in these procedures.
  3. The District shall retain all documents required by the SEPA rules (chapter 197-11 WAC) and make them available in accordance with chapter 42.17 RCW.

Section 4. LEAD AGENCY DETERMINATION AND RESPONSIBILITIES.

  1. When the District receives an application for or initiates a proposal that involves a nonexempt action, it shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the responsible official is aware that another agency is in the process of determining the lead agency.
  2. When the District is not the lead agency for a proposal, it shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. It shall not prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the District may conduct supplemental environmental review under WAC 197-11-600.
  3. If the District receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11- 940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fourteen (14) days of receipt of the determination, or the District must petition the Department of Ecology for a lead agency determination under WAC 197-11- 946 within the fourteen-day time period. Any such petition on behalf of the District may be initiated by the responsible official.
  4. The responsible official is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944.
  5. When making a lead agency determination for a private project, the District shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.

PART TWO CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS

Section 5. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE.

This part contains the rules for deciding whether a proposal has a “probable, significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The following sections are adopted by reference, as supplemented in this part:

WAC

  • 197-11-300 Purpose of this part 197-11-305 Categorical exemptions
  • 197-11-310 Threshold determination required 197-11-315 Environmental checklist
  • 197-11-330 Threshold determination process 197-11-335 Additional information
  • 197-11-340 Determination of nonsignificance (DNS) 197-11-350 Mitigated DNS
  • 197-11-360 Determination of significance (DS)/initiation of scoping 197-11-390 Effect of threshold determination

Section 6. CRITICAL AREAS.

  1. In its actions, the District will respect “critical areas” and their modified exemption criteria which have been adopted and displayed by local governments pursuant to WAC 197-11-908 and the Growth Management Act, Chapter 36.70A RCW.
  2. Actions which will be located wholly or partially within a critical area are to be treated no differently from other actions under these guidelines. A threshold determination will be made for all such actions, and an environmental impact statement (EIS) will not automatically be required for a proposal merely because it is proposed for location in a critical area.

Section 7. USE OF EXEMPTIONS.

  1. When the District receives an application for a license or when the District initiates a proposal, it shall determine whether the license and/or the proposal is exempt. The District’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of these procedures apply to the proposal.
  2. In determining whether or not a proposal is exempt, the District shall make certain the proposal is properly defined and shall identify the governmental licenses required. To determine whether or not a proposal is exempt, the District will ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is not exempt and the District must complete a threshold determination.
  3. In determining whether a proposal is exempt from SEPA, the District shall comply with the square footage and parking space threshold levels adopted by the jurisdiction where the proposal is located under WAC 197-11-800(1).
  4. If a proposal includes both exempt and nonexempt actions, the District may authorize exempt actions prior to compliance with the procedural requirements of these procedures, except that:
  1. The District shall not give authorization for:
    1. any nonexempt action;
    2. any action that would have an adverse environmental impact; or
    3. any action that would irrevocably commit the District to approve or authorize a nonexempt action or would limit the choice of alternatives.
  2. The District may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and
  3. The District may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.

Section 8. ENVIRONMENTAL CHECKLIST.

Except as provided in WAC 197-11-315, the District must complete an environmental checklist (WAC 197-11-960) for any proposal that meets the definition of action (WAC 197-11-709), and is not categorically exempt pursuant to WAC 197-11-800 and -880, or Chapter 43.21C RCW, except, a checklist is not needed if the District and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The District shall use the environmental checklist to determine the lead agency and, if the District is the lead agency, for determining the responsible official and for making the threshold determination.

Section 9. MITIGATED DNS.

  1. As provided in this section and in WAC 197-11-350, the District may clarify or change features of its own proposals, and may specify mitigation measures in its own DNSs, as a result of comments of other agencies or the public or as a result of additional District planning.
  2. A mitigated DNS is issued under WAC 197-11-340(2), requiring a fourteen-day comment period and public notice.
  3. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically provided by the District.

PART THREE ENVIRONMENTAL IMPACT STATEMENT (EIS)

Section 10. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE.

This part contains the rules for preparing environmental impact statements. The following sections are adopted by reference as supplemented by this part:

WAC

  • 197-11-400 Purpose of EIS
  • 197-11-402 General requirements
  • 197-11-405 EIS types
  • 197-11-406 EIS timing
  • 197-11-408 Scoping
  • 197-11-410 Expanded scoping (Optional) 197-11-420 EIS preparation
  • 197-11-425 Style and size 197-11-430 Format
  • 197-11-435 Cover letter or memo 197-11-440 EIS Contents
  • 197-11-442 Contents of EIS on nonproject proposals 197-11-443 EIS contents when prior nonproject EIS 197-11-444 Elements of the environment
  • 197-11-448 Relationships of EIS to other considerations 197-11-450 Cost-benefit analysis
  • 197-11-455 Issuance of DEIS 197-11-460 Issuance of FEIS

Section 11. PREPARATION OF EIS--ADDITIONAL CONSIDERATIONS.

  1. Preparation of draft and final EISs (DEIS and FEIS), draft and final supplemental EISs (SEIS), and EIS addendums is the responsibility of the responsible official. Before the District issues an EIS, the responsible official shall be satisfied that it complies with these procedures and chapter 197-11 WAC.
  2. In the event a consultant prepares the DEIS, FEIS, SEIS, or addenda, the Responsible Official shall ensure that the document is prepared in a responsible manner and with appropriate methodology. The Responsible Official shall direct the areas of research and examination to be undertaken, as well as organization of the resulting document.

PART FOUR COMMENTING

Section 12. ADOPTION BY REFERENCE.

This part contains rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The following sections are adopted by reference, as supplemented in this part:

WAC

  • 197-11-500 Purpose of this part
  • 197-11-502 Inviting comment
  • 197-11-504 Availability and cost of environmental documents
  • 197-11-508 SEPA Register
  • 197-11-535 Public hearings and meetings
  • 197-11-545 Effect of no comment
  • 197-11-550 Specificity of comments
  • 197-11-560 FEIS response to comments
  • 197-11-570 Consulted agency costs to assist lead agency

Section 13. PUBLIC NOTICE.

  1. Whenever the District issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the District shall give public notice as follows:
    1. Posting the property, for site-specific proposals;
    2. If deemed appropriate by the responsible official, publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and
    3. If deemed appropriate by the responsible official, establishing a mailing list for those citizens who wish to be informed regarding documents the District issues that require public notice.
  2. Whenever the District issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
    1. Posting the property, for site-specific proposals; and
    2. If deemed appropriate by the responsible official, publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and If deemed appropriate by the responsible official, establishing a mailing list for those citizens who wish to be informed regarding documents the District issues that require public notice.

PART FIVE USING EXISTING ENVIRONMENTAL DOCUMENTS

Section 14. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE.

This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the District’s own environmental compliance. The following sections are adopted by reference:

WAC

  • 197-11-600 When to use existing environmental documents
  • 197-11-610 Use of NEPA documents
  • 197-11-620 Supplemental environmental impact statement—Procedures
  • 197-11-625 Addenda--Procedures
  • 197-11-630 Adoption--Procedures
  • 197-11-635 Incorporation by reference—Procedures
  • 197-11-640 Combining documents

PART SIX SEPA AND AGENCY DECISIONS

Section 15. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE.

This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The following sections are adopted by reference:

WAC

  • 197-11-650 Purpose of this part
  • 197-11-655 Implementation
  • 197-11-660 Substantive authority and mitigation
  • 197-11-680 Appeals

Section 16. SUBSTANTIVE AUTHORITY.

  1. Policies and goals set forth in these procedures are supplementary to those in the existing authorization of the District.
  2. Any District action on public or private proposals that are not exempt may be conditioned or denied under SEPA to mitigate the environmental impact subject to the limitations of WAC 197-11-660.
  3. The District designates and adopts by reference the following procedures as the basis for the District’s exercise of authority pursuant to the section:
    1. The District shall use all practicable means, as appropriate under the circumstances and consistent with other District policies and procedures, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:
      1. fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
      2. assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;
      3. attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences;
      4. preserve important historic, cultural or natural aspects of our national heritage;
      5. maintain, whenever possible, an environment which supports diversity and variety of individual choice;
      6. achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
      7. enhance the quality or renewable resources and approach the maximum attainable recycling of depletable
    2. The District recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

Section 17. NO ADMINISTRATIVE APPEALS

The District hereby:

  1. Eliminates, pursuant to WAC 197-11-680 (2), appeals to its legislative body of any decision by a nonelected official conditioning or denying a proposal under authority of SEPA; and
  2. Elects, pursuant to WAC 197-11-680 (3), not to provide for administrative appeals of determinations relating to SEPA.

Section 18. NOTICE/STATUTE OF LIMITATIONS.

The District, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. The form of the notice shall be substantially in the form provided in WAC 197-11-990.

PART SEVEN DEFINITIONS

Section 19. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE.

This part contains uniform usage and definitions of terms under SEPA. The following sections are adopted by reference, as supplemented by these procedures:

WAC

  • 197-11-700 Definitions
  • 197-11-702 Act
  • 197-11-704 Action
  • 197-11-706 Addendum
  • 197-11-708 Adoption
  • 197-11-710 Affected tribe
  • 197-11-712 Affecting
  • 198-11-714 Agency
  • 197-11-716 Applicant
  • 197-11-718 Built environment
  • 197-11-720 Categorical exemption
  • 197-11-722 Consolidated appeal
  • 197-11-724 Consulted agency
  • 197-11-726 Cost-benefit analysis
  • 197-11-728 County/city
  • 197-11-730 Decision maker
  • 197-11-732 Department
  • 197-11-734 Determination of nonsignificance (DNS) 197-11-736 Determination of significance (DS)
  • 197-11-738 EIS
  • 197-11-740 Environment
  • 197-11-742 Environmental checklist
  • 197-11-744 Environmental document
  • 197-11-746 Environmental review
  • 197-11-748 Environmentally sensitive area
  • 197-11-750 Expanded scoping
  • 197-11-752 Impacts
  • 197-11-754 Incorporation by reference 197-11-756 Lands covered by water 197-
  • 197-11-758 Lead agency
  • 197-11-760 License
  • 197-11-762 Local agency
  • 197-11-764 Major action
  • 197-11-766 Mitigated DNS
  • 197-11-768 Mitigation
  • 197-11-770 Natural environment
  • 197-11-772 NEPA
  • 197-11-774 Nonproject
  • 197-11-776 Phased review
  • 197-11-778 Preparation
  • 197-11-780 Private project
  • 197-11-782 Probable
  • 197-11-784 Proposal
  • 197-11-786 Reasonable alternative
  • 197-11-788 Responsible official
  • 197-11-790 SEPA
  • 197-11-792 Scope
  • 197-11-793 Scoping
  • 197-11-794 Significant
  • 197-11-796 State agency
  • 197-11-797 Threshold determination
  • 197-11-799 Underlying governmental action

PART EIGHT CATEGORICAL EXEMPTIONS

Section 20. ADOPTION BY REFERENCE.

This District adopts by reference the following rules for categorical exemptions, as supplemented in these procedures:

WAC

  • 197-11-800 Categorical exemptions
  • 197-11-880 Emergencies
  • 197-11-890 Petitioning DOE to change exemptions 

PART NINE AGENCY COMPLIANCE

Section 21. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE.

This part contains rules for agency compliance with SEPA. The following sections are adopted by reference:

WAC

  • 197-11-900 Purpose of this part 197-11-902 Agency SEPA policies
  • 197-11-904 Agency SEPA procedures
  • 197-11-906 Content and consistency of agency procedures
  • 197-11-908 Critical areas
  • 197-11-910 Designation of Responsible Official
  • 197-11-912 Procedures of consulted agencies
  • 197-11-914 SEPA fees and costs
  • 197-11-916 Application to ongoing actions
  • 197-11-918 Lack of agency procedures
  • 197-11-920 Agencies with environmental expertise
  • 197-11-922 Lead agency rules
  • 197-11-924 Determining the lead agency
  • 197-11-926 Lead agency for governmental proposals
  • 197-11-928 Lead agency for public and private proposals
  • 197-11-930 Lead agency for private projects with one agency with jurisdiction
  • 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city
  • 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies
  • 197-11-936 Lead agency for private projects requiring licenses from more than one state agency
  • 197-11-938 Lead agencies for specific proposals
  • 197-11-940 Transfer of lead agency status to a state agency
  • 197-11-942 Agreements on lead agency status
  • 197-11-944 Agreements on division of lead agency duties
  • 197-11-946 DOE resolution of lead agency disputes
  • 197-11-948 Assumption of lead agency status 

PART TEN FORMS

Section 22. ADOPTION BY REFERENCE.

The following forms and sections are adopted by reference:

WAC

  • 197-11-960 Environmental checklist
  • 197-11-965 Adoption notice
  • 197-11-970 Determination of nonsignificance (DNS)
  • 197-11-980 Determination of significance and scoping notice (DS) 197-11-985 Notice of assumption of lead agency status
  • 197-11-990 Notice of action

Section 23. SEVERABILITY.

If any provision of these regulations or its application to any person or circumstances is held invalid, the remainder of these regulations or the application of the provision to other persons or circumstances will not be affected.

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