Title 9 PUBLIC PEACE AND WELFARE

Chapters:

9.01 General Provisions

9.04 Weapons

9.08 Land Use Element

Chapter 9.01 – GENERAL PROVISIONS

Sections:

9.01.010 Purpose.

9.01.020 Applicability–Process requirements.

9.01.030 Coordination with the comprehensive plan.

9.01.040 Effective date–Validity under constitutional law.

9.01.050 Definitions.

9.01.010 Purpose.

The purpose of this chapter is to establish the basis and process for determining, to the legal extent allowed, how federal and state agencies will coordinate and consult with Lincoln County in their actions that affect land, water, transportation and natural resource use within the county and in order that the citizens of Lincoln County may preserve their economic stability, customs and culture. This chapter is intended as a positive guide for the federal and state agencies in their formation, development and implementation of administrative actions and rules affecting water, transportation, land and natural resource use in Lincoln County. (Res. 03-62 (part))

9.01.020 Applicability–Process requirements.

Lincoln County recognizes that the protection of private property rights is essential to preservation of the customs, culture and economic stability of its citizens. Federal and state agencies shall fully comply with all case law, statutes, regulations, rules and guidelines concerning the protection of private property rights in Lincoln County, including without limitation: (1) United States Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, dated March 16, 1926; and (2) the Washington State Growth Management Act, Chapter 36.70A.370 RCW, “Protection of Private Property,” which includes legislative guidelines for the Washington State Attorney General. All private property and private property rights of Lincoln County citizens shall be fully protected under the Fifth and Fourteenth Amendments of the United States Constitution and the United States Civil Rights Act, as amended, and this chapter. Federal and state agencies shall, in all actions considered, proposed or taken that involve land and natural resource use, within Lincoln County, consider possible impacts that such action(s) may have on the customs, culture and local economic stability of communities within the county.
Coordinate procedures, to the fullest extent possible, with the county legislative authority on an equal basis and prior to taking action, meet with the county to establish, through a memorandum of understanding (MOU) or other instruments, the process for such coordination including: joint planning, environmental research, data collection, assessments and proposed hearings.
Agencies are to submit proposed alternatives to the county for review and a determination of consistency with existing planning requirements and if needed, consider mitigation measures, of the proposed action, to insure agency compliance with Lincoln County’s custom, culture and economic stability. (Res. 03-62 (part))

9.01.030 Coordination with the comprehensive plan.

The provisions of this chapter shall be afforded appropriate consideration in addition to any existing or as amended development requirements and the policies and goals of the Lincoln County comprehensive plan, adopted pursuant to Chapter 36.70 RCW. (Res. 03-62 (part))

9.01.040 Effective date–Validity under constitutional law.

This chapter shall become effective upon adoption by the board of county commissioners. The validity of this chapter is based upon the rights of the citizens granted by the Constitutions of the United States and the state of Washington and existing federal and state laws mandating that agencies consult and coordinate with local governments in their actions affecting the use of land, water and other natural resources. (Res. 03-62 (part))

9.01.040

9.01.050 Definitions.

For the purpose of this chapter the following terms shall be defined as follows:

“Action” when used with respect to any federal or state agency, shall have the broadest possible meaning in the context of any exercise of authority and shall include, without limitation, any proposal, policy, regulation, rule, consideration, finding, study, or collecting and/or review of data that may lead to any substantive rule, regulation, administrative action or determination.
“Cultural resources” mean places composed of districts, sites, buildings, structures and objects significant in American history, architecture, archaeology, engineering and culture. Places that meet the criteria established by the state or the county for significant historic and prehistoric value, within the jurisdiction of Lincoln County.
“Culture” means socially transmitted behavior patterns, arts, beliefs, institutions and all other products of human work and thought typical of a population or community; and the integrated pattern of human behavior passed to succeeding generations. The historical foundations of the local area and those characteristics that create the basis for how the community is defined.
“Customs” means a practice followed as a matter of course among a people, which by common adoption and acquiescence and by long and unvarying habit has become compulsory and has acquired the force of law with respect to the place. How a given practice is carried out, i.e., the custom of grazing cattle is to graze the open range during the summer and move the cattle in closer during the winter months, etc.
“Federal agency” and/or “state agency” or any combination thereof, means each department, agency, commission or other instrument or vehicle receiving its authority from the executive, legislative or judicial branch of the United States or the state of Washington, respectively, including without limitation, independent regulatory agencies and public corporations, together with each officer, agent or employee thereof in the performance of official duties.
“Private property” means all property protected by the Fifth and Fourteenth Amendments of the Constitution of the United States. (Res. 03-62 (part))

Chapter 9.04 – WEAPONS

Sections:

9.04.010 Exemption from RCW 9.41.050(4) declared.

The jurisdiction of Lincoln County is and shall be exempt from the prohibitions set forth in subsection (4) of RCW 9.41.050 as presently enacted and as may be hereafter modified or recodified. This exemption is enacted pursuant to RCW 9.41.050, subsection (7) and shall become effective as of July 18, 1994. (Ord. 94-04)

Chapter 9.08 – LAND USE ELEMENT

Sections:

9.08.010 Agriculture–Livestock–Timber and mineral resource lands.

9.08.020 Cultural resources–Recreation–Wildlife.

9.08.030 Land acquisition and disposition.

9.08.040 Water resources.

9.08.050 Clean air.

9.08.060 Private property rights.

9.08.010 Agriculture–Livestock–Timber and mineral resource lands.

The custom and culture associated with agricultural, livestock production, timber and mineral resource lands in the county is significant to the economic stability, livelihood and general well-being of its citizens. It is important to provide clear policy and guidance to federal and state agencies, when agency actions have potential to negatively impact agricultural, livestock production, timber and mineral resource lands in the county. Therefore, the county shall; be notified by federal and state agencies of proposed projects and/or actions, be provided a detailed statement assessing the specific impacts on the custom, culture, economy and land use of Lincoln County, consider a range of alternatives/land uses in the decisionmaking process and, to the extent required and permitted by law, take appropriate mitigation measures to reduce identified impacts. Also, agency proposals must be consistent with agricultural, timber and mineral resource lands policies and requirements, as designated pursuant to the Growth Management Act, Chapter 36.70A and the Lincoln County comprehensive plan. (Res. 03-62 (part))

9.08.020 Cultural resources–Recreation–Wildlife.

The custom and culture associated with cultural resources, recreation and wildlife in Lincoln County are significant to the livelihood and well-being of county residents. It is the continuing policy of Lincoln County to:

Assure for all citizens a safe, healthy and productive environment, which supports the diversity and range of individual choice; and
Preserve important historic, cultural and natural aspects of county heritage.

It is important to provide a clear understanding to federal and state agencies when actions by such agencies may impact cultural resources, recreation and wildlife in Lincoln County. Prior to any action considered, proposed or taken, affecting cultural resources, recreational or wildlife uses in Lincoln County, the federal and state agencies shall:

Notify the county of the proposed action;
Provide a detailed statement assessing the specific impacts on custom, culture, economy and the environment of the county including, any public health, and safety and welfare issues;
Consider all alternatives prior to a final decision on an action; and
To the extent required and permitted by law, take all appropriate mitigation measures and doing so with the concurrence of the county.

Federal and state agencies shall avoid taking actions that negatively impact recreational, cultural and wildlife opportunities within the county and avoid proposals that are incompatible with our local custom, culture and economic stability or that may otherwise fail to protect private property rights and local determination.
In connection with any action related to sensitive, threatened or endangered plant or animal species, a federal or state agency shall:

At the earliest possible time, give actual notice to Lincoln County of the intent to consider or propose a species for listing or to change or propose an area to be considered for critical habitat;
Base the listing of a species on the best available science relating specifically to Lincoln County and not generalized over a wider geographic area;
List the species, as threatened or endangered, only after taking into account the protection measures that exist in the county or has been proposed to conserve and protect the species;
Only implement a recovery plan if it will provide for conservation of the species;
When designating critical habitat, base the designation on the best available science and, after taking into consideration local economic impacts, exclude as critical habitat all impacted areas unless, based upon the best scientific and commercial data available, and failure to designate would result in termination or extinction of the candidate species;
Complete and forward to Lincoln County, in a timely manner, all information and documentation required by law prior to the designating of a critical habitat;
Consider and directly respond to Lincoln County on the problems a species listing will create for agriculture and all commerce;
Not develop protective regulations or recovery plans if a county plan exist that effectively protects the species, within boundaries of the county;
Protect the species through alternatives with the least impact on the custom, culture and economic stability of the county. (Res. 03-62 (part))

9.08.020

9.08.030 Land acquisition and disposition.

Land use and natural resource management is very significant to the protection of the traditions, culture and economy of Lincoln County. In addition, much of the tax base for vital public functions, such as funding of public schools, public health and the administration of county government is dependent on land use and natural resource management. When land (including any interest in land) is acquired or held in trust by federal and state agencies, it may be removed from this tax base and impact the citizens of Lincoln County. For these reasons, it is the policy of the county that all federal and state land acquisitions, including by forfeiture, donation, purchase, eminent domain or trust, arid disposals, including adjustments and exchanges, be performed as not to negatively impact the citizens of the county.
To the extent required and permitted by law, federal and state agencies, prior to acquiring any lands or interest in lands within the county shall: (1) notify the county of proposed acquisitions; (2) provide a detailed statement assessing the specific effects on the traditions, culture, economy and environment of the county; (3) consider any and all alternatives to the taking of such actions; and (4) to the extent required and permitted by law, with the county’s concurrence, take appropriate mitigation measures, such as payments in lieu of taxes;
Before any federal or state agency pursues any disposition, adjustment or exchange of lands within Lincoln County, the county is to be notified of, consulted about, and otherwise involved in all federal and state land dispositions, adjustments, and exchanges.
All lands acquired by state and/or federal agencies within the county should be considered for diverse use (e.g., agriculture, forestry, conservation, grazing, restoration, etc.) to help protect the traditions, culture and economic stability of Lincoln County. (Res. 03-62 (part))

9.08.040 Water resources.

The county recognizes that conservation and development of water resources are essential for the protection of the custom, culture and economic stability of its citizens and the protection and use of their environment. To the extent permitted by law, federal and state agencies shall avoid taking actions affecting water rights and water resources that are incompatible with local traditions, culture and economic stability or preservation and use of the environment, or that will otherwise fail to protect private property rights and local determination.
Any federal or state action that has or could have the effect of changing existing water rights or water uses within the boundaries of the county shall be considered in relationship to the historic and current use of water by humans, vegetation, livestock and wildlife. It is the intent of the county to assist federal and state agencies in the planning and management of the county’s natural, cultural, economic and environmental resources related to water use. Since the regulation of any aspect of water rights or water use may impact the ability of county citizens to use land and natural resources, all federal and state agencies shall, when taking any action related to restricting or limiting water use or water rights: (1) notify the county of proposed actions; (2) provide a detailed statement assessing the specific effects on the custom, culture, economy and environment; (3) consider all alternatives prior to the taking of such actions; and (4) to the extent required and permitted by law, take appropriate mitigation measures and be adopted with the concurrence of the county. (Res. 03-62 (part))

9.08.040

9.08.050 Clean air.

Lincoln County recognizes that clean air is essential to the protection of the health and safety, custom, culture and economic stability of its citizens.
All federal and state agencies shall, prior to taking any action impacting air quality within the boundaries of the county, shall: (1) notify the county of the proposed action, (2) provide a detailed statement assessing the specific effects on the custom, culture and economy stability of the county, (3) consider all alternatives prior to the taking of such action, and (4) to the extent required and permitted by law, take appropriate mitigation measures that are adopted with the concurrence of the county.
Any proposed designation of federal or state pollution nonattainment areas and any other federal or state action that has any effect on air resources within Lincoln County shall be coordinated with the county and shall comply with all county air quality standards, development requirements and the county comprehensive plan.
It is the intent of the county to assist federal and state agencies on planning and management issues related to air quality. (Res. 03-62 (part))

9.08.060 Private property rights.

Lincoln County recognizes that the protection of private property rights is essential to preservation of the customs, culture and economic stability of its citizens. Federal and state agencies shall fully comply with all applicable federal and state constitutional provisions, case law, statutes, regulations, rules and guidelines protecting private property rights in Lincoln County. (Res. 03-62 (part))