ELR Citation: ELR 21308
No(s). 57059-1 (Wash. Mar 28, 1991)

The court holds that an intermediate state court properly required a county agency to issue a building permit for construction of a sawmill without mitigative restrictions that the agency imposed under the State Environmental Protection Act (SEPA). The agency determined that the project did not constitute a major action significantly affecting the quality of the environment under SEPA and that,therefore,an environmental impact statement need not be prepared for the project. In response to public comments, the agency added mitigative restrictions to its determination of nonsignificance (DNS). The court first notes that the agency had authority to attach mitigative restrictions to the permit both before and after issuing the DNS. The court holds,however, that the record furnished by the agency for its decision was inadequate to support the permit restrictions. The record fails to address specific, proven environmental impacts; there is no citation in the record to any identifiable agency policy upon which the restrictions were based; and there is no indication that the county actually considered any such policies. Finally, the court holds that the county is not entitled to a remand to identify these policies.

Counsel for Petitioners
John F. Raymond, Mark Huth
Jefferson County Prosecutor's Office
P.O. Box 1220, Port Townsend WA 98368
(206) 385-9180

Counsel for Respondent
Erwin P. Jones
441 W. Washington, Sequim WA 98382
(206) 683-3325