WSR 15-23-080
DEPARTMENT OF COMMERCE
[Filed November 17, 2015, 8:44 a.m.]
Notice of Joint Public Hearing
Department of Commerce and Ferry County
In accordance with WAC 365-199-030, Ferry County has provided notice to the department of commerce of its intent to apply for a determination of compliance with chapter 36.70A RCW. This constitutes one of the initial steps for reverting to partially planning under the Washington State Growth Management Act (GMA) as authorized by RCW 36.70A.040. Jurisdictions who are eligible to revert to partially planning, but who are not in compliance with the GMA, must address any outstanding issues identified by the growth management hearings board or the Washington state courts, and seek a determination of compliance from the department of commerce. Ferry County and the department of commerce will hold a joint public hearing regarding the statement of issues on which the county is out of compliance. The hearing will take place at the Ferry County planning department on December 16, 2015, at 290 147 North Clark, Suite 7, Republic, WA 99166, at 6:00 p.m.
Ferry County provided the proposed statement of issues on which the county is out of compliance:
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Failure to designate and protect bull trout and common loon, including their associated habitats, or provide a reasoned justification for a departure from the best available science (BAS).
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Habitat and species of local importance: The county must consider BAS when making decisions on species and habitats of local importance. Ferry County's critical area protections must designate and protect the associated habitats for species which require protection based on the BAS and the local planning process. The county should use the priority habitats and species list as a starting point when including BAS in the designation and protection of habitats and species of local importance consistent with WAC 365-190-130 (4)(b).
Applicable growth management hearings board or court final orders include:
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Growth Management Hearings Board Case #97-1-0018c (February 5, 2014)
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Ferry County Superior Court No. 12200001
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Court of Appeals Case No. 31331-0-111
If you are unable to attend the hearing and wish to comment, please provide written comments by December 16, 2015, to Dave Andersen at dave.andersen@commerce.wa.gov or Dave Andersen, Department of Commerce, 10 North Post Street, Suite 445, Spokane, WA 99201.
For persons with disabilities needing reasonable accommodation, contact Dave Andersen by December 1, 2015, at (509) 434-4491, TTY (360) 586-0772.