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Shaw Island advocates ask council to postpone hearing, citing SEPA appeal timing
Summary
A Shaw Island group urged the county to continue a planned May 20 hearing on an essential public facility application because state law requires SEPA appeals be heard simultaneously with project approval hearings; council did not take action to add the item to the agenda.
A representative of the Shaw Island Alliance told San Juan County Council on May 13 that a May 20 hearing on a Shaw Island Essential Public Facility application should be continued because state rules require that a SEPA (State Environmental Policy Act) appeal be heard at the same time as the project approval hearing when the county allows administrative appeals.
Kyle Loring, speaking for the Shaw Island Alliance, said the county’s Department of Community Development issued a mitigated determination of non-significance (MDNS) and the county’s administrative appeal period extends beyond May 20. Loring argued that, because the county allows administrative appeals to the hearing examiner, “those hearings have to occur at the same time,” and holding the project hearing on May 20 while the SEPA appeal period is still open would be premature and legally vulnerable to an appeal.
Loring said he had raised the concern previously to county staff and the Development Department but had not received a response; he urged council to address the scheduling error at the May 13 meeting so that members of the public would not need to attend the May 20 hearing.
Council did not schedule the requested item for discussion at the May 13 meeting; there was no council action recorded in the transcript to continue the May 20 hearing. Loring warned council that holding a premature hearing could result in an avoidable appeal and asked the council to postpone the hearing to allow the SEPA appeal period to close or to consolidate the hearings.
What’s next: The council did not act during the May 13 meeting to add this item to the agenda; interested parties may monitor the county calendar or follow up with county staff regarding hearing scheduling and SEPA appeal timelines.
