all structures over two hundred square feet in floor area shall meet the following minimum yard (setback) requirements: Front Yards: Building Type: Arterial, State Highway . (Permit needed if pipe must be replaced with new material). WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 54 (2002). standards established by this chapter. The translations are made through an automated process, which may not result in accurate or precise translations, particularly of technical and legal terminology. To the extent that the health officer required other information, substantial evidence shows that Griffin fulfilled that requirement by entering a report from Pacific Rim Soil & Water, Inc., and submitting to an on-site evaluation. Griffin v. Thurston County Bd. NO BUILDING PERMITS REQUIRED LIST* Exempt Residential Accessory Structures This reduces the need for cancelations and keeps inspections on schedule. See Chapter 20.07.030. Griffin's proposed OSS had two components within the purview of footnote 6 to article IV, section 10.1, table I. Id. State law requires that all wells meet certain minimum standards for construction. proposal, a completed environmental checklist, if required, and the appropriate fees Statutes and Case Law. 18A.37.120 Accessory Dwelling Unit (ADU) The content on the Thurston County website is currently provided in English. As we update the OSS Management Plan, we will strive to accomplish this goal by evaluating the effectiveness of current programs and study findings, complying with requirements of state regulations, and meeting the needs of the citizens of Thurston County.. requirements: Yard Regulations for Through Lots. The health officer granted the request. The relevant part of said table I states: Id. Please note that meeting agenda, notes and presentation materials are provided in pdf format unless otherwise noted. Update of 1990 SMP begins: research, data, analysis, initial public outreach. Click onZoning Codelink in the table to see more details of the zoning description: The content on the Thurston County website is currently provided in English. Thurston County3000 Pacific Avenue SEOlympia, WA 98501, Community Planning & Economic Development Home, https://apps.leg.wa.gov/WAC/default.aspx?cite=51-50-007, Buildings under200 sf inside a county urban growth area (UGA) or400 sf outside a county UGAthat are one-story, detached from other buildings and have no plumbing or electricity. AR at 234, 340. The harvest and reforestation of the property shall have been conducted under an approved The central issue is whether Griffin met the Code's facial requirements by complying with TCSC article IV, section 10. Oct. 1985, reprinted 1992)], as thereafter updated, or equivalent." Applications for New On-site Septic Systems and Repairs. Thurston County Local Court Rules - 2022 - Page 8 (1) (A) All statutory filing fees shall be collected and paid for electronically filed documents according to the methods approved by the Clerk at the time of Shed, Shop (if under 400 sf, no plumbing or electrical and not connected to another structure.). Please schedule inspections within the next five (5) business days. Zoning Code. The Marine Recovery Area (MRA) strategy must specify how, by July 12, 2012, the local health officer will: In November 2006, an advisory committee was convened to develop recommendations for the Countys on-site sewage system management plan and the revision of Article IV of the Thurston County Sanitary Code (on-site sewage system regulations). [12] Section 2.4 was renumbered to section C1-9.1. -3- Regulatory agencies, local governments, landowners, and . CP at 109. (27) "Standard specifications" means those specifications adopted for road construction in LCMC 12.10.040. IV, 10.1, tbl. 38 Nowhere in the record cited by the majority does the county health official ever testify that the DOE Criteria were not used. (OSS) septic tank permit application met all requirements of the Thurston County Sanitary Code (TCSC), including the pressurized water supply line setback, and . Shoreline Master Program Home | Thurston County Id. To clear a blockage, repair or stop a leak in a drain, water, soil, water or vent pipe. Thurston County3000 Pacific Avenue SEOlympia, WA 98501, Basics on How On-Site Sewage Systems Function, Craft 3 - Loans to Replace Failing Septic Systems, Riser Rebate Request Form and Information, Hydrogeologic Report & Assimilative Capacity Guidance, On-Site Septic Design Revision Submittal Form, On-Site Sewage System Abandonment Application, Field Inspection Application for Renewal of Operational Certificate, Request for Appeal to the Thurston County Board of Health, Request for Waiver or Variance from Sanitary Code Provisions - Article III and IV, Request for Waiver or Variance from Sanitary Code Provisions - General, 2008 Thurston County On-site Sewage System Management Plan, Presentation Slides from the Septic Plan Open Houses, Thurston County Surface Water Quality & Sensitive Areas, Wellhead Protection - McAllister and Shana Park, Why Households don't maintain septic systems/Why regulations are needed, Marine Recovery Areas and Local Management Areas, OSS Plan Advisory Committee: Part 5 - Education, Septic Parcel to Neighborhood Relationship, Surface Water Risk (Proximity to Water and Soils), OSS Management Plan Guidance forthe Twelve Puget Sound Counties, Ordinance Repealing $10 Charge (H-2-2017), On-Site Sewage Systems and Management Plan Summary, On-Site Sewage Management Plan Update (May 2016), Responses to Questions from Open House and Surveys, Draft Resolution to Adopt On-Site Sewage Management Plan Update, Current Status of the On-Site Sewage Operation & Maintenance Program, Pesticides & Integrated Pest Management (IPM), Septic: Homeowner Maintenance & Requirements, Septic: Information & Guidance for Professionals, Our goal is to protect public health in Thurston County by assuring that on-site sewage systems are properly designed, permitted, built, operated, and maintained or abandoned. The court reasoned that "[i]f `all requirements' included waivers and setbacks, the ['all requirements'] language would be meaningless and superfluous." The procedures set forth in Chapter 2.06 of the Thurston County Code. Find more information below. acres in size and, if the required critical area buffer or shoreline setback has been Administrative Record (AR) at 44. 15-039 3, 3-24-15.] You're all set! These standards include: Id. The Board and the Court of Appeals held that provisions such as footnote 6 essentially "waive" the requirements, and therefore OSS petitioners who use them cannot meet "all requirements" of the TCSC. I would hold Griffin's on-site sewage system (OSS) septic tank permit application met all requirements of the Thurston County Sanitary Code (TCSC), including the pressurized water supply line setback, and reverse the Court of Appeals. Director Authority to Waive Moratorium on Parcels Twenty Acres or Larger. Currently, certain septic systems require renewable operational certificates. at 751-52, 49 P.3d 867. (Ord. Contact us 411 N 5th St Shelton WA 98584 (360) 427-9670 . Property Line and Fence Laws in Washington - FindLaw See DOE CRITERIA (No. Our Drinking Water Rules webpage has the . Footnote 4 provides the only alternative means of satisfying the requirement, thus Griffin did not meet the requirement. ZONING: Chapter 20.07. HEALTH ASS'N ET AL., GLOSSARY: WATER AND WASTEWATER CONTROL ENGINEERING 335 (3d. Chapter 20.07. [11] Additionally, it requires the OSS proposal to meet the DOE Criteria, section 2.4,[12] and this section does not discuss septic tanks. Any property owner subject to a moratorium, may request All construction & demolition except roofing, unless the roof structure,pitch or slope changes. The Board then concluded that an OSS applicant could not meet "all requirements" of the Code if the application used "waivers, setback adjustments or other modification of the rules." Section 21.4.5.3 specifies that small-lot owners must comply with "all requirements" in order to receive OSS permits, but the County points out that presumably all owners of lots of any size must also comply with "all requirements" of the Code. See Ford Motor Co. v. City of Seattle, Executive Servs. No. Corrective action can be undertaken to provide for compliance with applicable conversion Or if converting a garage to a living space), Heating mechanical fixtures(chimney, gas insert, gas log, fireplace, furnace, woodstove electric. We review factual findings for substantial evidence under subsection (c). City of Yelm Online Forms. Copyright 2023 by eLaws. Door replacement as long as the new door is put in the existing frame. This legislation directed local health officers of the twelve Puget Sound counties bordering Puget Sound to take further actions to reduce fecal coliform pollution and the degradation and loss of marine life in Puget Sound caused by low-dissolved oxygen conditions. Roof (Only if enlarging a roof, or changing its pitch/slope). . with subsection B of this section, the director may authorize, conditionally authorize, all development proposals other than the construction of a single-family residence are permitted in all Title 20 zoning districts that allow for residential uses subject to the following requirements: . of an urban growth area; Appropriate state departments such as Ecology, Natural Resources and Fish and Wildlife; Other interested parties requesting such permit information. Fence (If over 8 feet tall at highest point from ground. 25 Griffin's proposal also included a 75-foot setback from the surface water of Puget Sound. Boundary Fence Rules. General Requirements. See AR at 234, 340. [3] The LUPA standard of review in RCW 36.70C.130(1)(b) directs us to give "such deference as is due the construction of a law by a local jurisdiction with expertise." 78-5) (rev. The content on the Thurston County website is currently provided in English. [11] By all indications, sewer lines and septic tanks are distinct. The goals, policies and regulations herein shall be known as the Thurston County Shoreline Master Program, and may be referred to as the "Master Program", "Program", or the "SMP". 18 The Board erroneously interpreted the law when it concluded that "`[a]ll (other) requirements' means that an application for an OSS on a too-small lot should satisfy all requirements without having to result [sic] to waivers, setback adjustments, or other modifications of the rules." [6] The Board concluded "[t]hat the Griffins did what the Department required of them to obtain the waivers and modified setback required." It is recommended these classes be offered countywide. A "requirement" is, of course, "something required." JOINT EDITORIAL BD. shall apply to the yard oriented to the structure's front door. Cases, counters, racks, partitions &all not-fixed, movable fixtures that are 5 feet, 9 inches tall or less that are build according to the International Building Code, Flooring - tiling, carpeting, hardwood flooring, Wall coverings and decoration like paint, paper, Window pane replacement in doors and windows. Land use, zoning and other things that need permits, *Important: See if Other Reg or Permits Apply. CP at 98 (quoting TCSC art. Bruce Carter, Shari Richardson, Georgia Bickford, Barbara Bushnell, and Jane Elder Bogle, Interested Parties. Thurston County should evaluate other areas to determine if they should be MRAs or sensitive areas. On its face, section 11.4 does not contain "requirements." Pro Tem. v. [13] "A Class-A waiver is a waiver for which review criteria and mitigation measures have been pre-approved by the Washington State Department of Health [(DOH)]". The hearing officer concluded that because the OSS design required "a substantial number of waiver requests and horizontal setback reductions," *143 Griffin could not meet "all requirements" of the Code, as provided in section 21.4.5.3. This part of the plan will allow the County to: The plan recommends that the existing AMANDA electronic database be enhanced. prior to the enactment of this title where the enforcement of this regulation would Homeowner's Guide to Well Construction - Washington [3] CP at 109 (TCSC art. The committee will review the current OSS management plan and develop recommendations that reflect recent scientific studies, policy recommendations and program deficiencies. [2] These waivers do not articulate specific methods of complying with any given provision; rather, they represent an overarching mechanism for exemption from any specific requirement. 24.1.2.3 The waiver application contains [a description of how the waiver] is consistent with the purpose and objectives of this article. Griffin's septic system had a setback of only 5 feet. A mechanism for funding these plan elements needs to be developed. I n. 6. AR at 3 (emphasis added); see RCW 36.70C.130(1)(b). [1] The language is clear that DOH standards encompass the DOE Criteria. [7] Because the existence of the *146 requirement depends solely on health officer discretion, if the health officer makes it known that she or he will not require certain tests or showings, those "requirements" do not exist. Tingey v. Haisch, 159 Wash. 2d 652, 657, 152 P.3d 1020 (2007). The majority then contends section 2.4 of the DOE Criteria *149 does not discuss septic tanks, discusses only sewer pipes, and infers footnote 4 does not apply to septic tanks in any event. TCSC, article IV, section 10.1, table I requires that a septic tank have a 10-foot setback from a pressurized water supply line. Minimum yards required for building setbacks. Check XX (dead links online). 32 Griffin's analysis of the TCSC rule is correct he can meet "all requirements" of the Code by utilizing alternative requirements articulated in the Code. All rights reserved. or shoreline setback as provided for in Title 24, Chapter 17.15 or 19.04, respectively, of the Thurston County Code; Access to the building site area shall comply with Chapters 15.04 and 17.25 of the Thurston County Code; and. The building site area intended as developed property shall be no larger than two 98-37 WQ) (Dec.1998). In residential zones, on lots of less than 1 acre in size, detached . Except where specifically provided in this title, all structures See where the current rules apply, where the proposed changes may take effect, and a side-by-side comparison of the two. Application," concurrently with, or prior to an application for a permit for a development and related accessory buildings, subject to: The findings of subsection G of this section; and. Make sure you know the requirements for your project prior to purchasing plans, building materials, or anything else. Accessory Dwelling Units IV, 10.1, tbl. These requirements consistently refer to sewer pipes only and do not mention tanks of any kind. Use the information below to find out which zoning your property is in and which codes apply. Section 2.4 references the "Required Separation Between Water Lines and Sanitary Sewers." This is a legal question, which we may properly answer. Substantial evidence is evidence sufficient to convince a rational, unprejudiced person. Table I requires that a building foundation be 10 feet from an OSS disposal component and that a property line be 5 feet from a disposal component. Building 1, Second Floor The rear yard setback for a lot that abuts an alley shall be five feet from the rear lot line or 15 feet from the centerline of the alley right-of-way, whichever is . ; Kahuna Land Co. v. Spokane County, 94 Wash. App. (Refer to A mechanism to fund current programs and those envisioned by this plan be established. Municode Library For parcels less than twenty acres in size, or for those situations that do not comply [3] Adjustments and alternatives specifically articulated in any given Code provision are part of the "requirement" of that provision. Details in. Griffin did not fail to meet the "water table measurements" requirement because when the hearing officer decided not to request the measurement, the potential requirement ceased to exist. What are the setbacks for my property? Remind and encourage homeowners to complete their operation and maintenance inspections. 1.). Regulations and other permits may still apply. This plan recommends that a web-based system be developed to allow O&M records to be submitted electronically and transferred to and managed by AMANDA. The SMP virtual open house will provide residents with information on proposed changes to the Shoreline Master Program. The most common type of wetlands we see in Kitsap County are Category III wetlands with 110' buffer and 15' building setbacks and Cat. AR at 238. Thurston GeoData Center - Zoning Code Details DOE Criteria 2.41 (No. The date, time and place of the hearing was: Tuesday, June 14th, 2016,at 5:30 PM 13 TCSC article IV, section 21.4.5 provides that the health officer may: The County concedes that Griffin satisfied the first two subsections, thus we must only determine the meaning of TCSC article IV, section 21.4.5.3. AR at 21. (Refer to Figure 1.). The current shoreline rules adopted in 1990 and used as the current shoreline development policies for unincorporated Thurston County. 1. These standards are outlined in "Minimum Standards for Construction and Maintenance of Wells". Homeowner and Maintenance Requirements Permitting Resources Fees Id. Burn Yard Waste - Permit needed, but not issued by Thurston County government. As directed by the Board of Health, the final plan calls for a tiered charge structure that helps assure charges are commensurate with the services provided. Application Requirements. Type II procedure, the director shall solicit comments from the following: Property owners of record within three hundred feet of the subject property within You Need Setbacks Retaining wall (If supporting more than 4 feet of earth/soil/slope, or flammable liquid. A new Group B rule was adopted by the State Board of Health in October 2012 and went into effect January 1, 2014. Griffin submitted a Thurston County waiver form, asking for a 5-foot rather than a 10-foot setback from his septic tank to his pressurized water supply line. 33 The majority hides behind a wall of confusing bureaucracy and highly suspect legal construction to deny Jeff Griffin the right to use his own private property. Roof repair & replacement (Permit needed if adding skylights. These requirements call for 10- and 5-foot setbacks or approval from a health officer based on up-gradient location. When this happens both public health and the environment are threatened. IV, 2: "`The health officer shall administer this article under the authority and requirements of WAC 246-272 [DOH on-site sewage systems].'" 1999), explains that when local officials grant waivers from state OSS regulations, the officials must follow state criteria for doing so. We are providing the Translation for approximately 10 languages. Please click here to view current development projects. Public art, flagpoles and signs not subject to front yard setback requirements. Commonly referred to as a "mother-in-law apartment" or "granny flat", an Accessory Dwelling Unit (ADU) is an additional living unit with separate kitchen, sleeping area and bathroom facilities. It was a form provided by the County, thus Griffin himself did not deem the request a "waiver" application. Supplemental to the On-Site Sewage System Management Plan Guidance (DOH - October 2006). The translations are made through an automated process, which may not result in accurate or precise translations, particularly of technical and legal terminology. or deny a release of a development moratorium for the construction of one single-family The plan recommends that Article IV be amended to: Due to incomplete records, there is also a need to inventory systems in urban areas where sewer service is provided to confirm whether the home or business is served by OSS or sewer. PDF Proposed Amended School Building Maximum Coverage - Thurston County Onsite Sewage System Operation & Maintenance in Thurston County, Article IV- Rules and Regulations of the Thurston County Board of Health Governing Treatment and Dispersal of Sewage, Rules and Regulations of the State Board of Health - On-site Sewage SystemsChapter 246-272A WAC(Effective July 1, 2007), On-site Sewage Disposal Systems - Marine Recovery AreasChapter 70.118A RCW, OSS Management Plan Guidance forthe Twelve Puget Sound Counties(DOH - June 2006), Marine Recovery Area Guidance: notice of the request for release and date and place of the public hearing shall be A draft plan will be brought to the Board of Health in late Spring or early Summer. Griffin argues that the County's policy is to approve all permits that meet the requirements because TCSC article IV, section 9.3.1 provides that the health officer "shall" issue a permit when the application meets the requirements of the TCSC. What can I build on my property? residence (including a family member unit where zoning allows) and related accessory 10 This case involves a land use decision, and thus judicial review is governed by LUPA. PDF Wellhead protection requirements - Washington State Department of Health Once this code is entered, you will select the permit needing an inspection. Advisory committee meetings will begin in November and run through May 2014. AN ORDINANCE CHANGING THE BOUNDARIES OF CERTAIN ELECTION PRECINCTS IN THURSTON COUNTY AND ADDING ONE NEW ELECTION PRECINCT WITHIN COMMISSIONER DISTRICT NO. All accessory structures must meet setbacks, see Pierce County Code Section 18a.15.040. This section shall not apply to any nonconversion for which a conversion option harvest 1, table I, footnote 4. In the first instance, the officer's discretion determines whether the requirement exists, whereas in the second instance, the officer's approval determines whether the applicant has met an already existing requirement. Special Use Permit All setback requirements must be met by the ADU Detached: Located within 150ft of the principal residence or a conversion of an existing detached structure (i.e. No. Majority at 147 (citing Administrative Record (AR) at 234, 340). The committee met 10 times from November 2006 to September 2007.
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