City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

Title 17E
Chapter 17E.050
Section 17E.050.110

Title 17E Environmental Standards

Chapter 17E.050 SEPA

Article III. Categorical Exemptions and Threshold Determinations

Section 17E.050.110 Mitigated Determination of Nonsignificance (DNS)
  1. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to or clarification of, the proposal made by the applicant.
  1. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
    1. follow submission of a complete permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
    1. precede the agency’s actual threshold determination for the proposal.
  1. The responsible official or a designee shall respond in writing to the request for early notice within fourteen days unless otherwise agreed to:
    1. be written; and
    1. state whether the City of Spokane currently considers issuance of a DS likely, and if so, indicate the general or specific area(s) of concern leading the City of Spokane to consider a DS; and
    1. state that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
  1. As much as possible, the lead agency should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
  1. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the responsible official shall base the threshold determination on the changed or clarified proposal and should make the determination within fourteen days of receiving the changed or clarified proposal unless otherwise established by agency procedures.
    1. If the responsible official indicated specific mitigation measures in the response to the request for early notice and the applicant changed or clarified the proposal to include those specific mitigation measures, the responsible official shall issue and circulate a DNS pursuant to WAC 197-11-340(2).
    1. If the responsible official indicated areas of concern but did not indicate specific mitigation measures that would allow the issuance of a DNS, the responsible official shall make the threshold determination, issuing a DNS or DS as appropriate.
    1. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X-decibel" or "construct two-hundred-foot stormwater retention pond at Y-location" are adequate.
    1. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
  1. A mitigated DNS is issued either under WAC 197-11-340(2) requiring a fourteen-day comment period unless otherwise established by agency procedure and public notice pursuant to SMC 17E.050.160, or under WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.
  1. 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 prescribed by the City of Spokane.
  1. If the City of Spokane’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City of Spokane should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
  1. The City of Spokane’s written response under subsections (B) and (C) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the City of Spokane to consider the clarifications or changes in its threshold determination.

Date Passed: Monday, February 21, 2005

Effective Date: Wednesday, March 30, 2005

ORD C33583 Section 3