Loading...
HomeMy WebLinkAboutPublic Hearing - BOCCGrant County Board Of County Commissioners Please Sign In For The Record PUBLIC HEARING UDC Amendment to Ch 25-24 re: Shrubsteppe Mitigation Banking DATE February 3, 2026 TIME 12: 00 PM Please Print Your Name Clearly NAME 'S UY-\ C L� cSC REPRESENTING V':>.�,k CONTACT INFO: PHONE/E-MAIL https:Hgrantcountywa.sharepoint.coin/teamsIBOCC/Shared DocumentsIGeneraFTemplates/Public Hearings/0 Sign In Sheet, Open Record.docx DEVELOPMENT SERVICES DEPARTMENT 264 West Division Ave. • PO Box 37 Ephrata, WA 98823 (GRANT COUNTY WASHINGTON Y l GRANT COUNTY, WASHINGTON UNIFIED DEVELOPMENT CODE (UDC) 2024 ANNUAL AMENDMENT STAFF REPORT Date: December 31, 2025 To: Grant County Planning Commission From: Jim Anderson -Cook, Director Applicant: Grant County P.O. Box 37 Ephrata, WA 98823 Project Number: P 25-0196 PLANNING DIVISION (509) 754-2011 Ext. 2501 PlanningDivision@grantcountywa.gov Description of Proposal: Amending Chapter 25.24 of the Grant County Unified Development Code to adopt rules establishing a countywide process for certifying and regulating shrubsteppe mitigation banks and to aid in the County's goal of achieving no net loss of ecological functions and values. Approved banks will generate shrubsteppe mitigation credits that provide compensatory mitigation in advance of unavoidable impacts to shrubsteppe, a priority habitat per the Washington State Department of Fish and Wildlife (WDFW). Approved banks will consolidate compensatory mitigation into larger contiguous areas consistent with WDFW guidance for regionally significant ecological benefits. Location of Proposal: Grant County, WA. Zoning: Countywide. Environmental Review: SEPA review was completed by Grant County, and a Determination of Non - Significance was issued on September 29, 2025. Public and Agency Comments: A Public Notice containing information on this project was published in the Columbia Basin Herald on August 8, 2025. Information on this project was also mailed to applicable agencies of jurisdiction and special interest groups for their review and comment. The public, agency, and special interest group comment period ended on October 10, 2025. Reviewing Agencies & Special Interest Groups: Agencies Notified g Response Agencies Notified g Response Received Received Grant County Fire Marshal/Building None Grant County Treasurer's None Official Office Grant County Emergency None Grant County Assessor's None Management Office Grant County Health None Grant County Auditor None District Grant County Sheriff's Office None Grant County Prosecuting None Attorne Y's Office "To foster a thriving, resilient, and safe community through innovative planning, efficient building processes, and robust fire prevention measures. " DEVELOPMENT SERVICES DEPARTMENT 264 West Division Ave. • PO Box 37 Ephrata, WA 98823 DATE: January 26, 2026 'GRANT COUNTY PLANNING DIVISION WASHINGTON (509) 75A--2011 Ext. 2501 %y- PlanningDivision@grantcountywa.gov ?'�����r�%�';2E�#3�/�C i`", y ,:,�-,..iiiiii�y.: .-s , myi-yz�ari�aa"i/.,✓��, _ ��xz:'ssr�i�r��sst,. �, .-yr�r:. z:���:ra;�-�'r��"��s:��i�. i ti FZ STAFF REPORT TO: Grant County Board of County Commissioners FROM: Jim Anderson -Cook, Director SUBJECT: Comprehensive Plan Amendment Application File #P 25-0196 APPLICANT: Grant County P.O. Box 37 Ephrata, WA 98823 AGENT: Grant County Development Services P.O. Box 37 Ephrata, WA 98823 PROPOSAL: UNIFIED DEVELOPMENT CODE AMENDMENT APPLICATION The applicant proposes an amendment to Grant County Unified Development Code Chapter 25.24 of the Grant County Unified Development Code to adopt rules establishing a countywide process for certifying and regulating shrubsteppe mitigation banks and to aid in the County's goal of achieving no net loss of ecological functions and values. Approved banks will generate shrubsteppe mitigation credits that provide compensatory mitigation in advance of unavoidable impacts to shrubsteppe, a priority habitat per the Washington State Department of Fish and Wildlife (WDFW). Approved banks will consolidate compensatory mitigation into larger contiguous areas consistent with WDFW guidance for regionally significant ecological benefits. LOCATION: Countywide. STAFF ANALYSIS AND RECOMMENDATION: After Staff's review of this application along with balancing the Goals and Policies of the Comprehensive Plan, Staff recommended APPROVAL of the Unified Development Code amendment application File #P 25-0196. PLANNING COMMISSION HEARING SUMMARY AND RECOMMENDATION: At their open record hearing held on January 7, 2026, the Planning Commission considered the Staff Report and application materials for the Unified Development Code change request. There were no public comments received about this proposal. Following the public hearing and discussion, the Commission voted 4-2 to recommend APPROVAL of this Unified Development Code amendment request based upon the eight (8) findings of fact as well as plan consistency, process compliance, and clear public benefit. "To foster a thriving, resilient, and safe community through innovative planning, efficient building processes, and robust fire prevention measures. " At this public hearing, the Board of County Commissioners may: 1. Uphold the recommendation of the Planning Commission, or; 2. Uphold the recommendation of the Planning Commission with additional conditions, or: 3. Modify the recommendation of approval with or without the applicant's concurrence so long as the modification does not increase the area or scope of the project, increase the density of the project or increase the adverse environmental impacts of the proposal, or" 4. Deny the requested amendment, or; 5. Deny with prejudice, or; 6. Remand the application to the Planning Commission for further proceedings. If the Board of County Commissioners chooses to UPHOLD the recommendation of the Planning Commission, they may wish to use the suggested motion below. "I make a motion to uphold the recommendation of the Planning Commission and APPROVE the subject Unified Development Code amendment application (File # P 25-0196) amending Chapter 25.24 of the Grant County Unified Development Code to adopt rules establishing a countywide process for certifying andregulating shrubsteppe mitigation banks." , with the eight (8) findings of fact in the affirmafive.;; This motion must then be seconded. A I ilk "I yk 1. Adequate information has been provided to determine the intent and purpose of the proposed amendment; 2. Adequate information has been provided to determine the impacts caused by the change, including geographic area affected if any, and issues presented by the proposed amendment; 3. Adequate information has been provided to determine why the existing Comprehensive Plan policies should not continue to be in effect or no longer apply; 4. Adequate information has been provided to determine if the proposed amendment complies with community vision statements, goals, objectives and policies found in the comprehensive plan; 5. Adequate information has been provided to determine if the proposed amendment supports the Capital Facilities and Transportation elements of the adopted Comprehensive Plan; 6. Adequate information has been provided to determine how the proposed amendment affects the implementation of the Unified Development Code (Titles 22, 23, 24, 25 of Grant County Code) and what changes to the Unified Development Code were necessary to bring them into compliance with the Comprehensive Plan; 7. Adequate information has been provided to determine if the proposed amendment has been subject to any public review; 8. New specific language has been provided for the proposed amendment and in which section of the Comprehensive Plan or Unified Development Code the new language is located. Grant County — Unified Development Code Amendment — Staff Report File #P 25-0196 - 2 - Attachment A December 31, 2025 Planning Commission Staff Report Grant County — Unified Development Code Amendment — Staff Report File #P 25-0196 ' 3 ' DEVELOPMENT SERVICES DEPARTMENT 264 West Division Ave. o PO Box 37 Ephrata, WA 98823 (GRANT COUNTY PLANNING DIVISION WASH€' (509) 754-2011 Ext. 2501 s PLanningDivision@grantcountywa.gov GRANT COUNTY, WASHINGTON UNIFIED DEVELOPMENT CODE (UDC) 2024 ANNUAL AMENDMENT STAFF REPORT Date: December 31, 2025 To: Grant County Planning Commission From: Jim Anderson -Cook, Director Applicant: Grant County P.O. Box 37 Ephrata, WA 98823 Project Number: P 25-0196 Description of Proposal: Amending Chapter 25.24 of the Grant County Unified Development Code to adopt rules establishing a countywide process for certifying and regulating shrubsteppe mitigation banks and to aid in the County's goal of achieving no net loss of ecological functions and values. Approved banks will generate shrubsteppe mitigation credits that provide compensatory mitigation in advance of unavoidable impacts to shrubsteppe, a priority habitat per the Washington State Department of Fish and Wildlife (WDFW). Approved banks will consolidate compensatory mitigation into larger contiguous areas consistent with WDFW guidance for regionally significant ecological benefits. Location of Proposal: Grant County, WA. Zoning: Countywide. Environmental Review: SEPA review was completed by Grant County, and a Determination of Non - Significance was issued on September 29, 2025. Public and Agency Comments: A Public Notice containing information on this project was published in the Columbia Basin Herald on August 8, 2025. Information on this project was also mailed to applicable agencies of jurisdiction and special interest groups for their review and comment. The public, agency, and special interest group comment period ended on October 10, 2025. Reviewing Agencies & Special Interest Groups: Agencies Notified g Response Received Agencies Notified g Response Received Grant County Fire Marshal/Building None Grant County Treasurer's None Official Office Grant County Emergency Non e Grant County Assessor's None Management Office Grant County Health None Grant County Auditor None District Grant County Sheriff's Office Grant County Prosecuting None I INone Attorne Y's Office "To foster a thriving, resilient, and safe community through innovative planning, efficient building processes, and robust fire prevention measures."' Grant County Public None Wanapum Band of Indians None Works Department p US Bureau of Reclamation None Wanapum Tribe None US Bureau of Land Management Colville Confederated None None Tribes Confederated Tribes & Bands of the WA Department of Yakama Indian Nation None Commerce GMA Review None Team WA Department of Ecology SEPA Unit WA Department of Health None & Drinking Water None WA Department of Fish & Wildlife WA Department of Natural 10/10/25 Resources None WA Parks and Recreation WA Department of Commission None Transportation None WA Department of Archeology & WA Department of Historic Preservation None Agriculture None City of Moses Lake None City of Ephrata None City of Quincy None City of Mattawa None City of Warden None City of Royal City None City of George None City of Soap Lake None City of Grand Coulee None City of Electric City None Town of Coulee City None Town of Wilson Creek None Town of Hartline Grant County PUD None None Port of Moses Lake Quincy Columbia Basin None Irrigation District None East Columbia Basin Irrigation District South Columbia Basin None Irrigation District None Natural Resource Conservation None Future Wise None NAS Whidbey Island None Comments: The following is a summary of any public, agency, and special interest group comments received. 1. All public, agency, and special interest group comments can be found in "Attachment B." Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees - 2 - Staff Comments and Analysis: 1. This proposal was processed as a Legislative Action in accordance with Grant County Code § 25.12, Legislative Actions. 2. Application was determined to be Technically Complete on July 1, 2024. 3. On August 11, 2025, Grant County received a letter from the Department of Commerce acknowledging receipt of Grant County's 60-day notice of intent to adopt (2025-S-9741). Grant County has met the procedural requirement outlined in RCW 36.70A.106. On September 12, 2024, Grant County received a letter from the State of Washington Department of Fish and Wildlife Region Two providing comments in response to this proposal on October 10, 2025. 4. A copy of the proposed chapter of the Unified Development Code can be in Attachment A of this Staff Report. 5. The proposed amendment is considerate of the requirements found in RCW 36.70B "Local Project Review." 6. No substantive public, agency, or special interest group comments were received regarding the proposed UDC amendment. Analysis and Recommendation: These Findings of Fact have been developed by Grant County Planning Staff, and it has been determined that this proposal complies with these findings as outlined below and recommends APPROVAL of the proposed amendments: 1. What is proposed to be changed and why? Staff Response: Amendin_g Chapter 25.24 of the Grant County Unified Development Code to adopt rules establishing a county wide process for certifying and regulating shrubstenge mitigation banks. 2. What are the anticipated impacts caused by the change, including geographic area affected if any, and issues presented? Staff Response: There are no anticipated additional impacts should this change take place. 3. Why should the existing Comprehensive Plan policies no longer continue to be in effect or no longer apply? Staff Response: This change, if _granted, will build upon the existing Goals and Policies found in the Grant County Comprehensive Plan. All existing Comprehensive Plan Policies shall continue to be in effect and shall continue to apply. 4. Does the proposed amendment comply with community vision statements, goals, objectives, and policies found in the Comprehensive Plan? Staff Response: This change, if _granted, reaffirms Grant County's responsibility in local government planning and implementation found in 1.6 of the Grant County Comprehensive Plan, specifically developing, adopting and implementing comprehensive plans and development regulations and the processing of land use permits within the unincorporated portions of the County. Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees -3- 5. Do the Capital Facilities and Transportation elements support the proposed amendment? Staff Response: Capital facilities plan LCFP) are one of six elements required by the GMA and are required to incorporate plans for capital facilities of state and/or regional significance, adjacent local govemments, and special districts This does not apply to this proposed amendment. 6. How does the proposed amendment affect the implementation of the Unified Development Code (Titles 22, 23, 247 25 of Grant County Code) and what changes to the Unified Development Code are necessary to bring them into compliance with the Comprehensive Plan? Staff response: A change in Grant County's Unified Development Code is directly relevant to its Comprehensive Plan because the Development Code serves as the regulatory framework that implements the Goals and Policies laid out in the Comprehensive Plan This proposed application amends Chapter 25.24 — Mitigation Requirements & Impact Fees Changes to these sections are the minimum necessary to meet the County's goal of achieving no net loss of ecological functions and values to habitat conservation areas. 7. Has this proposal been subject to any public review prior to submittal? if so, describe the review that was provided. Staff response: A five -member Technical Advisory Group (TAG) was convened by Grant County Development Services in March 2024 to consider the establishment of a Shrubsteppe Mitigation Bank and proposed amendments to GCC 25.24. The Grant County Planning Commission held workshops on the proposed amendments on August 8, 2024, and again on November 5, 2025. Information describing the purpose of the TAG, along with a summary of minutes from six L6) meetings of the Grant County Shrubsteppe Mitigation TAG and the full meetinq minutes, is provided in Attachment C. 8. Has specific suggested new language been provided? Which section of the Comprehensive Plan or Unified Development Code is the new language located? Staff response: See draft 25.24 in Attachment A FINDINGS OF FACT The Planning Commission may want to consider the following criteria in making a recommendation to the Board of County Commissioners. If the Grant County Planning Commission makes a recommendation to either approve, approve with conditions, or deny this proposal, a written record of the case and the findings of fact upon which the action is based shall be included (RCW 36.70.900). The following criteria of approval should be considered and may be used as findings of fact for this proposal: 1. Adequate information has been provided to determine the intent and purpose of the proposed amendment; 2. Adequate information has been provided to determine the impacts caused by the change, including geographic area affected if any, and issues presented by the proposed amendment; 3. Adequate information has been provided to determine why the existing Comprehensive Plan policies should not continue to be in effect or no longer apply; 4. Adequate information has been provided to determine if the proposed amendment complies with community vision statements, goals, objectives and policies found in the comprehensive plan; Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees - 4 - 5. Adequate information has been provided to determine that the proposed amendment does not apply to the Capital Facilities and Transportation elements of the adopted Comprehensive Plan; 6. Adequate information has been provided to determine how the proposed amendment affects the implementation of the Unified Development Code (Titles 22, 23, 247 25 of Grant County Code) and what changes to the Unified Development Code were necessary to bring them into compliance with the Comprehensive Plan; 7. Adequate information has been provided to determine if the proposed amendment has been subject to any public review; 8. New specific language has been provided for the proposed amendment and in which section of the Comprehensive Plan or Unified Development Code the new language is located. Action: The Planning Commission should make a recommendation to the Grant County Board of Commissioners, which may include either to approve, approve with modifications, or deny this request for a Unified Development Code amendment. 1. An amendment to Chapter 25.24 of the Grant County Unified Development Code to adopt rules establishing a countywide process for certifying and regulating shrubsteppe mitigation banks. Motion: If the Planning Commission chooses to uphold the recommendation of Staff, they may wish to use the suggested motion below. "I make a motion to recommend to the Board of County Commissioners to approve the subject amendment (File # P24-0196) amending Chapter 25.24 of the Grant County Unified Development Code to adopt rules establishing a countywide process for certifying and regulating shrubsteppe mitigation banks." This motion must then be seconded. Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees - 5 - ATTACHMENT A Proposed amendments to Unified Development Code 25.24 Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees - 6 - Chapter 25.24 MITIGATION BANK REQUIREMENTS Sections pie Article I. General Provisions — Shrubsteppe Mitigation Banking....................................................1 25.24.010 Background and Purpose.....................................................................................................1 25.24.020 Interagency Review Team................................................................................................... I ArticleII. Certification Process.............................................................................................................1 25.24.030 Decision -Making Procedure................................................................................................1 25.24.040 Purpose of the Prospectus....................................................................................................1 25.24.050 Content of the Prospectus.................................................................................................... 2 25.24.060 Mitigation Banking Instrument............................................................................................ 2 25.24.070 Public Notice....................................................................................................................... 3 25.24.080 Review and Approval of Bank Instrument.......................................................................... 3 ArticleIII. Bank Establishment...........................................................................................................4 25.24.090 Design Incentives................................................................................................................ 4 25.24.100 Site Selection....................................................................................................................... 4 25.24.110 Permanent Protection...........................................................................................................4 25.24.120 Credit Description................................................................................................................ 5 25.24.130 Credit Generation................................................................................................................ 5 25.24.140 Release of Credits................................................................................................................ 5 25.24.150 Performance Standards........................................................................................................ 5 25.24.160 Service Area........................................................................................................................ 6 25.24.170 Financial Assurance for Long Term Management.............................................................. 6 ArticleIV. Bank Operation..................................................................................................................6 25.24.180 Monitoring and Reporting................................................................................................... 6 25.24.190 Maintenance Plan................................................................................................................ 7 25.24.200 Adaptive Management......................................................................................................... 7 25.24.210 Master Credit Ledger...........................................................................................................7 ArticleV. Use of Bank Credits........................................................................................................... 7 25.24.220 Use of Bank Credits............................................................................................................. 7 ArticleVI. Compliance with Certification.........................................................................................8 25.24.230 Remedial Actions C'el ,rIxilan .�vzit :Fe f Y,C of Gei4i- eatieii 8 ............................................... 25.24.240 Compliance with Re ucl fired Remedial Actions.................................................................... 8 Article VII. General Provisions - Water Mitigation Banking (RESERVED)...................................9 Chapter 25.24 i December 2025 Amendments Article I. General Provisions — Shrubsteppe Mitigation Banking 25.24.010 Background and Purpose (a) Grant County (County) requires compensatory mitigation for unavoidable, unintentional, or intentional impacts to wildlife species and habitat conservation areas. Compensatory mitigation consists of replacing or providing substitute resources or environments. The County may accept the purchase of mitigation credits through its shrubsteppe mitigation bank program as fulfillment of the requirements for compensatory mitigation, once all available and prudent measures have been taken to avoid, minimize, rectify, and reduce or eliminate over time any impacts to critical areas. The County supports the use of mitigation banking as a regulatory tool to enhance mitigation outcomes for impacts to regulated upland and aquatic habitats, consistent with local, state, and federal regulations. Mitigation banks shall be utilized in accordance with their approved Mitigation Banking Instrument (MBI) and applicable county regulations to support county -approved development projects. (b) The purpose of this chapter is to adopt rules establishing a county wide process for certifying and regulating shrubsteppe mitigation banks and to aid in the Countv's goal of achieving no net loss of ecological unctions and values Approved banks will generate shrubsteppe mitigation credits that provide compensatory mitigation in advance of unavoidable impacts to shrubsteppe, a priority habitat ,per the Washington State Department of Fish and Wildlife (WDFW). Approved banks will consolidate compensatory mitigation into larger contiguous areas consistent with WDFW guidance for regionally significant ecological benefits. 25.24.020 Interagency Review Team (a) The interagency review team (IRT) consists of the County as the IRT chair, County designated staff or hired consultant(s), and may include other relevant parties as deemed appropriate by the County Director_e. , WDFW and Columbia Basin Conservation District) that have technical expertise or regulatory authority in the specific regulated habitat and that choose to participate in the bank program. The IRT assists in the development of the terms and conditions of the MBI by participatin in 'n negotiations with the Mitigation Bank Sponsor (Sponsor) and providing feedback on bank proposals The IRT members assist the Sponsor in identifying any permits or approvals that may be required by their respective agency. The IRT may offer guidance or feedback on the proposed shrubsteppe mitigation bank related to technical feasibility, operational sustainability, durability, and ecologically appropriateness. Article II. Certification Process 25.24.030 Decision Making Procedure (a) All decisions made by the County will take into consideration IRT and public comments submitted to the County as part of the certification process The County will strive to incorporate IRT and public comments on the terms and conditions of the MBI where practical. Ultimately, the County shall be responsible for making the final decisions on the bank proposal and final approval of the MBI. 25.24.040 Purpose of the Prospectus (a) The purpose of the prospectus is to provide a conceptual plan for a bank proiect. The County uses the prospectus to notify interested state agencies, tribes and the local government of the proposed bank Chapter 25.24 1 December 2025 Amendments project. The prospectus initiates dialogue between the County, Sponsor, and IRT members on a proposed bank project. The County uses the prospectus to make an initial determination on whether there are critical issues that may affect the ability of the bank to be certified and promptly notify the Sponsor of specific concerns and if the County is willing to move forward with consideration of a Banking Instrument. 25.24.050 Content of the Prospectus a) At a minimum, the prospectus must contain information on the following elements: 1. The goals and objectives of the ,project. 2. Location of the project, proximity to existing roads and other landmarks, and a vicinity map showing location of the proposed site(s). 3. Detailed site map that includes parcel numbers, total area of the site, mapped habitat areas and fish and wildlife habitat conservation areas associated with the project, presence of rights of way, easements, or other encumbrances. 4. A description of existing conditions of the proposed site(s) including but not limited to: (a) Land ownership; (b) Local land use or zoning designation; (c) Current use, (d) Presence of liens, easements, or other encumbrances. 5. Identification of all buildings, structures, and other built features that would remain on the site after approval of the bank. 6. Discussion and description of any alterations or enhancements proposed for the site based on agency prescribed habitat restoration goals and objectives. 7. Proposed credit generation ratios for the site and total credits anticipated to be generated. 8. Identification and details of proposed permanent protection mechanism, such as a conservation easement. 9. The proposed ownership arrangements and long-term management strategy for the bank. 1.0. The qualifications of the Sponsor to successfully complete the proposed bank project(s), including information describing any such past activities by the Sponsor. 11. Credit descriptions should also demonstrate additionality or otherwise explain hove the impact achieved by the bank would not otherwise occur. 25.24.060 Mitigation Banking Instrument (b) Following acceptance of the Prospectus by the County, a Mitigation Banking Instrument (MBI) will be required from the Sponsor that will function as the contract between the Sponsor and the County on the details of the permitting, establishment, construction, operation, and long-term management of the mitigation bank site. A Sponsor can be a private or public entity. The MBI will include detail on all the physical characteristics, legal obligations, operational procedures, credit generation and credit transaction tracking and reporting, monitoring, and maintenance requirements for a bank. Once the MBI is approved, the Sponsor will be responsible for the site during the Bank Establishment Period which starts when the Conservation Easement is placed on the property. The Bank Establishment period may involve site restoration, maintenance, and monitoring of vegetation. After the Bank Establishment period is completed, the Long -Term Steward will take over responsibility for the site. Requirements for instruments may vary based on the specific conditions of the bank site but at a Chapter 25.24 2 December 2025 Amendments minimum include the following: 1. The goals and objectives of the project. 2. Site location and legal description of the bank project and included parcel boundaries, proximity to existing roads and other landmarks, and a vicinity map showing location of the proposed site(s); 3. A detailed description of existing conditions of the proposed site(s) including but not limited to: La) Habitat assessment including a vegetation survey, existing vegetation conditions, soils mapping and specific WDFW mapped priorityspecies present on the site; (b) Current uses; (c) Presence of liens, rights of way, easements, or other encumbrances. 4. Identification of all buildings, structures, and other built features that would remain on the site after construction. 5. A summary of how the bank meets County and resource agency habitat restoration and preservation goals and how its design and location are ecologically appropriate. 6. A detailed description of the proposed bank site including but not limited to: The bank size and a detailed analysis of existing habitat conditions across the site and actions that will be taken to improve specific wildlife and habitat values. 7. Bank establishment timing and schedules. 8. Documentation of the ownership of bank lands and a legal description of the bank site. 9. A detailed description of Sponsor responsibilities for bank establishment including information on permanent conservation easement placement, site monitoring, protection and reporting, and identification of long-term maintenance and site stewardship responsibilities, in perpetuity. 10. The potential number of credits to be generated by the bank and a credit description. 11. Credit tracking and accounting procedures, including County reporting requirements. 12. Performance standards for determining bank success and credit release process. 13. Monitoring and adaptive management plan and reporting_ protocols, including a clear statement of responsibility for conducting the monitoring and reporting. 14. The ownership arrangements and long-term management plan for the bank with an entity that is qualified to undertake lony,-term stewardship in perpetuity for the site. 15. Provisions for permanent protection of the bank site. 16. Force majeure clause (identification of Sponsor responsibilities in the event of catastrophic events such as wildfire that are beyond the Sponsor's control). 17. A provision stating that legal responsibility for providing the compensatory mitigation lies with the Sponsor once a permittee secures credits from the Sponsor. 18. Default, enforcement and closure provisions. Chapter 25.24 3 December 2025 Amendments 25.24.70 Public Notice (a) It is the County's goal to ensure that accurate information on the proposed bank MBI is made available to the public, and to avoid duplicative processes for public comment. The County shall provide public notice, using an existing public notice process, or in conjunction with the SEPA process as appropriate, to solicit comment on the MBI. 25.24.080 Review and Approval of Bank Instrument (a) Upon final review and approval by the County of the MBI, the Sponsor will sign the agreement, followed by the County. At a minimum, the County shall notify the following entities: The local jurisdiction(s) where the bank site is located, WDFW, local Tribes, and the public. A signed copy of the MBI will be made available on the County's website. Article III. Bank Establishment 25.24.090 Desisn Incentives (a) The goal of this guidance document is to encourage the development of banks which utilize best available science as documented by resource agencies working to protect regulated habitat and species in Washington State to provide significant and sustainable compensatory mitigation. To achieve this, incentives have been built into the certification, bank establishment, and credit generation process to encourage the siting and design of banks that provide significant ecological benefits to regulated habitat and species in areas identified as high priority by WDFW. The County shall make decisions regardingthe application of specific incentives on a case -by -case basis. The County may utilize their In Lieu Fee Program and funds collected therein to support the development of a Mitigation Bank from the onset. Specifically, In Lieu of Fee funds can be applied to the procurement of land approved as a Bank Site or restoration efforts at the approved Bank Site consistent with an adopted MBI. When In Lieu Fee funds are used for acquisition or restoration at a mitigation bank site, the credit — debit accounting system shall explicitly account for those. Credits generated by actionseLunded wholly or partially with In Lieu Fee payments must be debited in applicable credit ledger(s) (., the ILF prograin's and, as applicable, the mitigation bank sponsor's) and reconciled in the applicable registry to prevent double -counting and to ensure compensatory mitigation obligations are met. 25.24.100 Site Selection (a) Banks must be sited, planned, and designed to be self-sustaining over time. The County shall carefully consider ecological suitability, ecological sustainability, and land use compatibility_ when determining if a site is an appropriate location for a bank. The County shall consider whether the bank location conflicts with local or statewide goals for land preservation. Strong preference will be given to sites that meet the goals of the Washington Department of Fish and Wildlife's long-term strategy for priority habitat restoration. Chapter 25.24 4 December 2025 Amendments Site selection preference of a Bank Site will be given to Grant County parcels containing shrubsteppe habitat designated as "Core Habitat" on the WDFW Washington Shrubsteppe Restoration & Resiliency Initiative (WSRRI) Mapping Platform. 25.24.110 Permanent Protection (a) A permanent protection mechanism, such as a conservation easement, placed on the title to the bank property, held by a Land Trust accredited by the Land Trust Accreditation Commission or suitable public agency, must be in place before any credits can be released by the County to the Sponsor for sale. Terms of the conservation easement must be approved by the County to ensure that the conservation values of the bank site are monitored, protected and enforced in perpetuity by a responsible, financially viable third party. (b) In addition to the Conservation Easement, the MBI must include a long-term stewardship plan that will be implemented by the long-term steward in perpetuity after the establishment period is ended. The long-term Stewardship plan will be implemented by the Long Term Steward, supported by a team of stakeholders that are experienced in managing habitat. The plan must include a description of long-term management needs, annual cost estimates for these needs, and identify the funding mechanism that will be used to meet those needs in perpetuity. The MBI may contain provisions allowing the Sponsor to transfer the long-term stewardship responsibilities for the bank site to a land stewardship entity, such as a public agency, nongovernmental organization, land trust or private land manager, after review and approval by the County. This land stewardship entity need not be identified in the MBI, as long as the future transfer of long-term stewardship responsibility is approved by the County and implemented before the final 25% of credits from the bank are awarded to the Sponsor. The owner of a bank property may not complete any conveyance of title, easement, lease, or other interest directly related to the bank without adequate and complete provision for the continued management of the bank property as specified in the MBI. 25.24.120 Credit Description The Sponsor must provide a description of what the credit values represent in the MBI. Credit generation may be based on area ratios of different restoration actions undertaken at the bank, to area of impact at the impact site Credit values may also be based on functional assessment methods determining_ the functions and values at the bank site and the functions and values at the impact site. Credit values are expected to vary based on land use category (i.e., residential, commercial or industrial) at the impact site and the duality of the habitat/mapped habitat present at the impact site. Credit values may be modified or converted to another currency based on the shrubsteppe habitat functions restored at the bank site and the functions impacted at the impact site, if future guidance or policies support other forms of functional assessment methods. Chapter 25.24 5 December 2025 Amendments 25.24.130 Credit Generation a) The County will be responsible for determining the appropriate credit values associated with the restoration actions and long-term stewardship of a bank. These factors will determine the credit use ratios. In all cases the County will determine and approve specific credit ratios based on the overall ecological function and condition of the mitigation area, potential of enhancement, restoration and connectivity to other core shrubsteppe habitat, effectiveness of protection and preservation and other relevant factors that would contribute to the overall improvement and long-term success of the bank 25.24.140 Release of Credits a) The MBI shall include the process and schedule for the release of credits to the Sponsor by the County, which shall be tied to peg forinance standards appropriate for the mitigation activities undertaken.. RM a a. .. a a s+_• .�. a . 1 a a a. .� . a.. a MR IJlJL�1�l�J�)l�J/�[/>,!/��J[I\9�=sR/1�1�i��1JJl�•9�JtlJlt�l!►�5��� 4t�'��t�,sJ/elf/��J/tq! �� J l��aiJii � .. • f • . • • • _ �_ . . • �_ . i _ • . �_ . • . �_ . ..'MM . a . -_ . . T • . • . IMMISIETWITRMIM 25.24.150 Performance Standards a) The development of Performance Standards shall be incorporated into the MBI. Performance Standards are goals, objectives, and commitments of the formed Mitigation Bank. The success of the Mitigation Bank will be derived from the conformance of the established Performance Standards. Examples of Performance Standards include but are not limited to the following percent recruitment of native vegetative assemblages; survival percentage of installed native plantings; reduction percentage of invasive or weedy species; percent increase of overall aerial vegetative species cover; and documented presence of specific wildlife species. Performance Standards are tracked over the established monitoring_ period / bank establishment period stipulated in the MBI, and will continue until a minimum o ten years or the desired ecological uplift is achieved. 25.24.160 Service Area a) The County will determine the appropriate service area for Proposed banks. Out of service area credit transfers are allowed as long as the regulatory entities involved are aware of and approve the transfer. The Sponsor must provide a detailed text description and a map of the bank's proposed service area in the MBI. Generally, the service area for a mitigation bank would be the political boundary of Grant County and include the local jurisdictions contained within. 25.24.170 Financial Assurance for Lone Term Management a) The County will require financial assurances for the long-term stewardship of a bank site. The Sponsor must provide the department with a written stewardship plan with an estimate of the costs, including an allowance for inflation going forward in time. The Sponsor must document how sufficient funds for the anticipated long-term stewardship costs will be provided. Chapter 25.24 6 December 2025 Amendments Appropriate long-term financing mechanisms include, but are not limited to, nonwasting endowments, trusts, contractual arrangements with future responsible parties, and other appropriate financial instruments. In cases where the long-term stewardship entity is a public authority or government agency, that entity must provide a plan for the long-term financing of the bank site. If the ownership of the site is transferred in the future, the financial mechanism for long-term stewardship must remain with the entity responsible for the long-term stewardship of the bank site. Article IV. Bank Operation 25.24.180 Monitoring and Reportiny, (a) The goal of monitoring a bank site is to: 1. Document changes to the baseline conditions at the site. 2. Document the condition of the site as it develops over time. 3. Provide early identification of problems in the site's development that would trigger potential adaptive management activities. (b) The Sponsor must develop a monitoring plan and include it in the MBI. The monitoring plan must include, but is not limited to: 1. A description of the variables that will be monitored, a description of the methods or protocols used to monitor those variables, and how they will be evaluated. 2. A schedule of monitoring including the time of year, frequency, and duration. 3. A description and map of photo points or other methods such as drone photography, documenting the site conditions. 25.24.190 Maintenance Plan (a) Ongoing, maintenance activities that may be required during the life of the bank should be documented in the MBI These activities may include, but are not limited to, control of invasive species, seeding of native species, fence and signage repair, trail or road maintenance. 25.24.200 Adaptive Management (a) Each MBI must include an adaptive management plan. The adaptive management plan for a bank site must include the following elements, but is not limited to: 1. Identification of potential causes for site failure or changes that would trigger adaptive management. 2. A management strategy to address unforeseen changes in site conditions. 3. The Sponsor's responsibilities and process for reporting and implementing adaptive management activities. Chapter 25.24 7 December 2025 Amendments The Sponsor shall notify the County within thirty days if adaptive management activities are implemented to address unforeseen problems with site conditions. 25.24.210 Master Credit Ledter a) The County shall maintain a master ledger for each bank and must cross-check the Sponsor's annual ledger against the master ledger. The Sponsor is required to submit a copy of the ledger to the County with each credit transaction and then annuallyiftransactions have occurred. The County will apply administrative fees to the Sponsor for bank use fees and recording keeping. The County's administrative fees will not exceed 10% of the mitigation credit fee. The County must notify the Sponsor within sixty days of receipt of the Sponsor's annual ledger if the ledger conflicts with the master ledger. At a minimum the ledger must document the number and date when credits are received and then for each transaction, the date, the name, address and phone number of the purchaser, the permit numbers and regulatory agencies that the credits are being transferred to, a description of the impact and the number of credits transferred. The Sponsor is responsible for reconciling any discrepancies between the Sponsor's ledger and the County's master ledger. If the Sponsor fails to resolve any discrepancies, the County may suspend the further use of available credits. Article V. Use of Bank Credits 25.24.220 Use of Bank Credits (a) Banks are a preferable option for compensating for authorized impacts to regulated habitat areas Use of a bank can help reduce risk and uncertainty as well as temporal loss of resource functions and services when used to compensate for authorized impacts. Banks can also site mitigation in areas that have more value to ecosystem functions. Projects located within the bank's service area are eligible to apply to use credits from a bank to compensate for authorized unavoidable impacts. The permitting agencies determine whether the use of credits from a bank provides appropriate compensation for a debit proiect's unavoidable impacts in the project permitting process. Purchase of bank credits may be a condition of permit approval and be required as a condition before construction may be in. Additionally, the County has the option to utilize previously collected funds associated with its In Lieu Fee program to purchase available bank credit in cases where such funds are unable to be expended on other mitigation related projects within a reasonable period of time. Article VI. Compliance with Certification 25.24.230 Remedial Actions It is the County's goal during the bank establishment period to ensure that the creation and operation of a bank is consistent with the terms and conditions of the certification as specified in the MBI. If a bank does not attain the required conditions or document attainment of performance standards or meet other requirements specified in the MBI, the Sponsor shall implement additional adaptive management activities. If such activities do not achieve compliance within a reasonable time, the County may require remedial actions, which may include additional adaptive management activities or other activities necessary to achieve compliance. Chapter 25.24 8 December 2025 Amendments If the Sponsor determines that the bank will not attain performance standards, the Sponsor shall notify the County. The notification must include:-- (a) A clear statement of the issue; (b) Supporting documentation of the problem, such as photographic evidence, documentation from field reviews, the submitted monitoring report, or the credit release petition; and (c) Recommendations for remedial actions or other alternatives to address the problem. If the County determines that remedial actions are necessary(a) The County shall consult with the signatories and long term steward to determine appropriate remedial actions; (b) During consultation, the signatories and long term steward may recommend remedial actions to the County and may comment on remedial actions proposed by the County; and (c) The County shall consider the recommendations and comments of the signatories, and long term steward if any, and shall make the final decision regarding appropriate remedial actions The County shall issue, in writing, its determination for required remedial actions to the Sponsor, the signatories, and long-term steward. 25.24.240 Compliance with Required Remedial Actions (a) If the Sponsor does not complete the required remedial actions within the schedule specified by the County, the County must send a notice of noncompliance to the Sponsor, signatories, and long-term steward The Sponsor must respond in writing to the County within thirty days of receipt of the notice The response shall include an explanation of why the Sponsor has not implemented the required remedial actions and a proposed schedule for completion. The County, in consultation with the long-term steward, shall determine whether the reasons provided by the Sponsor constitute extenuating circumstances and shall determine whether to extend the schedule for implementing remedial actions If the County determines that the schedule should be extended, the County must notify the Sponsor in writing If the County determines that the schedule should not be extended, the County must notify the Sponsor by certified mail with a return receipt requested that it intends to proceed with one of the following actions: Adjust the total number of potential credits at the bank; or suspend the use and sale of available credits at the bank. Article VII. General Provisions — Water Mitigation Banking (RESERVED) Chapter 25.24 9 December 2025 Amendments ATTACHMENT B Public, Agency, and Special Interest Group Comments Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees - 7 - 5TA 7,p "1 4 State of Washington DEPARTMENT OF FISH AND WILDLIFE REGION TWO Mailing Address: 1550 Alder Street NW, Ephrata, WA 98823-9699 - 509 754-4624 TDD 360 902-2207 Region Two Office Location: 1550 Alder Street NW, Ephrata, WA October 10, 2025 Grant County Planning Division Attention: Jim Anderson -Cook, Development Services Director 264 W. Division Avenue Ephrata, WA 98823 SUBJECT: PLANVIEW SUBMITTAL 2024-S-9741; PROPOSED AMENDMENT TO CHAPTER 25.24 — MITIGATION BANK Dear Mr. Anderson -Cook, On August 11, 2025, the Washington Department of Fish and Wildlife (WDFW) received from the Washington State Department of Commerce a Notice of Intent to Adopt the proposed amendment referenced above, and that the comment period had commenced. WDFW's interest in this proposal is based on our agency's mandate to perpetuate fish, wildlife, and their habitat'. )ArDFW Habitat Program staff review proposed changes to local jurisdictions' land use plans to advise of potential fish and wildlife issues and impacts. In keeping with our role as a technical advisor, we offer the following comments and recommendations. Upon review of the submittal, it appears that the proposal amends Chapter 25.24 of the Unified Development Code (UDC) through the addition of language governing Mitigation Banks. As the county has consistently and substantially engaged us as a partner for more than a year on the development of its shrubsteppe mitigation bank policy, we want to note our gratitude for our ability to contribute to the development and eventual implementation of this policy. We highly value the relationship we have with the county and wish to maintain this collaborative partnership into the future. Our comments are meant to provide assistance in the county's efforts to implement its development in a way that preserves habitat quality and connectivity and ensures the county meets its requirements to maintain No Net Loss (NNL) to ecological functions and valueS2 . For questions on technical guidance, we recommend referring to our Technical Memorandum on Shrubsteppe Mitigation Guidance, dated May 2025. Please feel free to contact us with any questions, concerns, or responses to the below comments. RCW 77.04.012 WAC 365-196-830 WDFW Comments: Proposed Amendments to the Grant County Unified Development Code October 10, 2025 Page 2 of 6 25.24.010 Background and Purpose We are grateful for the county's progressive thinking and sustained efforts to create more effective policies to maintain critical shrubsteppe habitat within its boundaries. We believe that banking instruments, when effectively implemented, can go a long way to help the county meet its requirement for No Net Loss of ecological functions and values3. Throughout our collaboration, the county has committed to maintaining No Net Loss to functions and values of its shrubsteppe landscapes as being the standard by which it will measure the success of the banking policy. We are aligned with the county in this and support the development of this innovative policy in order to meet that goal. To enshrine that commitment, we recommend including language establishing the NNL standard in this section. This section does not change any existing policy within the UDC but succinctly commits to and describes the overarching goal of this program. The purpose of this chapter is to adopt rules establishing acounty-wide process for certifying and regulating shrubsteppe mitigation banks and to aid in the County 's goal of achieving no net loss of ecological functions and values. Approved banks will generate shrubsteppe mitigation credits that provide compensatory mitigation in advance of unavoidable impacts to shrubsteppe, a priority habitat per the Washington State Department of Fish and Wildlife (WDFW). Approved banks will consolidate compensatory mitigation into larger contiguous areas consistent with WDFW guidance for regionally significant ecological benefits. 25.24.050 Content of the Prospectus We are grateful for the county's establishment of guidelines for bank prospectuses. We are largely satisfied with the listed requirements and only want to recommend a minor addition to the list explaining how the bank would prove additionality, meaning that bank's mitigation would create ecological uplift which would not otherwise happen. 11. Credit descriptions should also demonstrate additionality or otherwise explain how the impact achieved by the bank would not otherwise occur. 25.24.090 Design Incentives As written, the code allows the County to use In -Lieu Fee (ILF) funds to support the development of a mitigation bank, including procurement of land or restoration at a bank site. However, the section does not address how those ILF payments will be reconciled within the credit —debit accounting system to prevent "double-dipping" (i.e., credits being generated and sold after they have already been funded in part by ILF payments). This creates a risk of over -crediting and undermining the integrity of the program. 3 WAC 365-196-830(4) WDFW Comments: Proposed Amendments to the Grant County Unified Development Code October 10, 2025 Page 3 of 6 Based upon our conversations with the county and its consultants, it is our understanding that the county recognizes the potential for double-dipping, and that any use of the county's ILF funds toward the establishment of a Mitigation Bank will be accounted for within the bank registry and will properly retire the appropriate number of credits. Accordingly, we support this policy and offer the following language amendment only as a formal clarification and requirement. The county may utilize their In Lieu Fee Program and funds collected therein to support the development of a Mitigation Bank from the onset. Specifically, In Lieu of Fee funds can be applied to the procurement of land as a Bank Site or restoration efforts at the approved Bank Site consistent with an adopted MBI. When In Lieu Fee fiends are used for acquisition or restoration at a mitigation bank site, the credit —debit accounting system shall explicitly accountfor those. Credits generated by actions ficnded wholly or partially with In Lieu Fee payments must be debited in applicable credit ledger(s) (e.g., the ILFprogram's and, as applicable, the mitigation banksponsor's) and reconciled in the applicable registry to prevent double -counting and to ensure compensatory mitigation obligations are met. " 25.24.120 Credit Description Based upon the language within this section, we have some concerns over the credit generation process that the county has outlined. Our concerns pertain mainly to conflating terminology and the use of land use categories within credit valuation. The amendments we recommend are aimed at improving the generation process through increased clarity and firmer grounding in the scientific basis. We believe that these changes will protect the integrity of bank credits, increasing developer confidence in their value and through that the success of the banking program. The section suggests that credit values are expected to vary based impact site characteristics not just based on habitat quality and quantity but also land use category. This appears to conflate the terminology for two different concepts credit value, which is derived from bank -side characteristics, with debit ratios, which are derived from impact -side characteristics compared to how they are commonly used in Washington regulatory contexts. Per the Department of Ecology's Credit Guide 4, Credit values should reflect the ecological gain at the bank site, while debit ratios reflect specific characteristics of the impact site. While the county may be broadly referring to overall mitigation ratios as a combination of the two, it could result in some uncertainty for operators seeking to develop a Mitigation Banking Instrument (MBI). If our understanding is accurate, we would recommend clarifying the use of these terms with those used by the Department of Ecology. 4 Credit Guide for Wetland Mitiiation Banks WDFW Comments: Proposed Amendments to the Grant County Unified Development Code October 10, 2025 Page 4 of 6 Regarding variables impacting debit ratios, we are concerned by the inclusion of land use category. Current VWDFW management recommendations do not treat land use category (or zoning designation) as a variable that equates to ecological value. Whether habitat falls within a residential, commercial, or industrial zone does not inherently diminish its ecological functions or values. We have recently discussed this topic in meetings with the county, and it is our understanding that the exact policy is yet to be determined. While we understand the county's efforts to align this mitigation banking policy with its housing goals, there is some danger in using non -scientific variables to determine debit ratios, and it is vital that any methodology that uses these variables still demonstrate overall No Net Loss to functions and values. As written in our Technical Memorandum, we recommend the use of an Ecological Integrity Assessment (EIA) in the determination of credit value. An EIA provides a science -based framework that can more accurately capture habitat quality and ecological nuance. We look forward to collaborating on this more in the future. 25.24.130 Credit Generation Based upon our most recent conversations with the county, it is our understanding that the county will ultimately maintain the registry of all mitigation banks operating within its borders. In this regulatory role, it will determine the ultimate mitigation ratios (which are based upon the credit generation and credit debiting policies) and will judge proposals in line with Best Available Science and hold them to a standard of No Net Loss to ecological functions and values, as described in section 25.24.090. Accordingly, we support this policy. 25.24.140 Release of Credits We are grateful for the county's efforts to set guidelines on the staging of credits when released (or debited) from a bank. We acknowledge that the code language is fungible and leaves the county with discretion to establish more elaborate release schedules, but as written, we have concern over the nature of the policy as described in this proposal. As written, this section allows up to 75% of bank credits to be released upon completion of administrative steps (MBI approval, easement, stewardship account), without any demonstrated ecological performance. This policy, if implemented at the most literal level, particularly for enhancement and restoration activities, would allow the bank sponsor to recoup nearly all their expenses before a single acre of land is mitigated. This creates a significant risk of spatiotemporal ecological loss and over -crediting if the bank does not achieve its performance standards. Standard practice in mitigation banking ties credit releases to the achievement of ecological milestones (or performance standards) and not just to administrative requirements. For example, Washington's wetland banking rules releases credits in stages: up to 14% at preconstruction when 5 WAC 173-700-330 through -335) WDFW Comments: Proposed Amendments to the Grant County Unified Development Code October 10, 2025 Page 5 of 6 site protections and financial assurances are in place; up to 3 0% after construction and as-builts; and up to 50% as key ecological performance standards (e.g., hydrology) are met, with the remainder released only after all standards are achieved and long-term management is secured. Ecology may allow earlier timing (not larger amounts) if approved function -boosting actions are completed, but total releases cannot exceed these caps. In practice, full release typically spans several years to ensure durable outcomes. An example of such a system is outlined in our Technical Memorandum. While wetland banking and shrubsteppe mitigation are operationally different, the same principle applies to credit release stages. There are significant risks associated with releasing credits during the bank establishment phase, as it allows the bank operator to recoup costs before completing the work. It allows for the sale of credits signifying ecological uplift before that uplift occurs. When credits are released in bulk prior to bank establishment, they must be backed by performance security separate from the long-term stewardship endowment in order to guarantee the financial resources necessary to achieve mitigation. Grant County already requires a Mitigation Security for development undertaken prior to the completion of mitigation per GCC 24.08.180, which we understand to apply here. Based upon our conversations with the county, it is our understanding that the proposed 75%/25% split was written largely due to the structure of the site selected for the proposed pilot Mitigation Bank and will be removed from the final version submitted for review to the Planning Commission. The pilot bank would manage parcels which are largely existing shrubsteppe and thus most work activities would be preservation. It is our understanding that under this policy, credit release schedules will be proposed and adopted specific to each MBI. We support this policy as we believe it allows for more flexibility in determining appropriate release schedules. As it relates to release policy, our recommendation is to structure the credit release schedule to incentivize achieving performance standards, and to require a Mitigation Security if this is not the case. Accordingly, we recommend striking the language within section 25.24.140 and replacing it with the following: 25.24.140 Release of Credits (a) The MBI shall include the process and schedule for the release of credits to the Sponsor by the County, which shall be tied to performance standards appropriate for the mitigation activities undertaken. oif �504 Ar laQQ Aftha nraid;+ aanar-Ataj vnpu �V 11V1 a,��Vu lllw 7 . .I 0 1� arm c4oinr�c.J-►ir orX4- ic. �nA T �T� V µll\.L 1 VL11 1 1 \rLllti V is WDFW Comments: Proposed Amendments to the Grant County Unified Development Code October 10, 2025 Page 6 of 6 Per GCC 24.08.180, mitigation banks are required to secure performance bonds or other mitigation securities when performing restoration or other similar activities prior to completion of mitigation. 25.24.150 Performance Standards We are grateful for the county's establishment of performance standards and a monitoring period, though we have some concerns on over implementation. Ten years is a short time for monitoring efforts in the shrubsteppe ecosystem. Sagebrush and Bitterbrush plants take many more years to establish and grow to a size that confers effective habitat to the many priority species that utilize the ecosystem. It is not uncommon for restoration efforts to struggle, stall, or fail, and setting an arbitrary period of ten years confers a significant degree of risk toward the success of the effort. It is our recommendation that monitoring not be limited to an arbitrary time period. Monitoring should continue until all performance standards are achieved and demonstrated to be sustainable. Best practice is to require that performance metrics be met for at least three consecutive years before the bank is considered successful. Otherwise, there is a risk that short-term gains will be counted as success, even if the site is not ecologically stable. We recommend: (a) Performance Standards are tracked over the established monitoring period/bank establishment period stipulated in the MBI, «T,.;%VX %�T-ni -allyol*es to At least PN 4 and will continue until a minimum of ten years or the desired ecological uplift is achieved. We would like to thank you for the opportunity to review and provide comments on these proposed Unified Development Code amendments. If you have any questions or would like to schedule time with WDFW staff to discuss our comments, I can be reached by email at brian. aston(cdfw.wa.gov or at (509) 431-03 3 9. Sincerely, Brian Gaston WDFW Region 2 Habitat Program Manager cc: Kara Whittaker, WDFW Land Use Conservation & Policy Section Manager Cole Webster, WDFW Land Use Conservation & Policy Planner Mallory Hirschler, WDFW Assistant Region 2 Habitat Program Manager Paul Christianson, WDFW Region 2 Land Use Lead Eric Pentico, WDFW Habitat Biologist ATTACHMENT C Grant County BhrubateopeMitigation Technical Advisory Group Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees -8- THE PURPOSE OF A TECHNICAL ADVISORY GROUP A Technical Advisory Group (TAG) is a group of subject matter experts convened to provide. specialized, evidence -based advice that guides the technical direction, standards, or policies of a program or organization. It does not usually make binding decisions itself, but its recommendations strongly influence how leaders design, implement, and improve complex technical work. Core Purpose 1. Provide expert technical guidance so that programs, policies, or standards are scientifically and technically sound. 2. Inform strategic and operational decisions (for example, what methods, tools, or priorities to adopt in a policy). 3. Help interpret complex or evolving evidence so non -experts (managers, policymakers) can act on it appropriately. Typical Functions 1. Review and advise on technical documents, guidance, and standards before they are finalized. 2. Identify emerging challenges, gaps, and needed updates in a technical area and recommend responses. 3. Recommend or assess methodologies and performance measures to ensure high -quality, effective practice. Role in Governance 1. Serve as an advisory (not policymaking) body that informs, but does not replace, formal decision -making structures. 2. Increase transparency and credibility by documenting expert reasoning and providing independent, evidence -based viewpoints. 3. Support alignment with external standards when relevant. Membership Characteristics 1. Composed of recognized experts In relevant disciplines. 2. Members are typically expected to be independent, declare conflicts of interest, and provide unbiased advice in a personal capacity. 3. Group size and composition are chosen to cover the range of expertise needed for the TAG's remit while remaining workable for discussion and consensus. Benefit to Grant County 1. Improves technical quality and relevance of policies, programs, and guidance. 2. Helps the County stay current with evolving science, technology, and best practices. 3. Build trust among stakeholders by showing that complex decisions are informed by independent, high-level expertise. Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees - 9 - SUMMARY OF THE GRANT COUNTY SHRUBSTEPPE MITIGATION BANK TECHNICAL ADVISORY GROUP The Grant County Shrubsteppe Mitigation Bank Technical Advisory Group (TAG) meetings document the step-by-step development of a pilot shrubsteppe mitigation bank, including goals, policy framework, credit ratios, monitoring, and governance arrangements. Across six meetings (March 2024—January 2025), the TAG refines county code updates, a mitigation guidance document, and the practical design of banking instruments, with recurring focus on habitat quality, landowner feasibility, and the role of WDFW and the Conservation District. [1][2][3][4][5][6] Overall Objectives and Context 1. Establish a Mot shrubsteppe mitigation bank that is sustainable, economically viable, and supports preservation and restoration of shrubsteppe while providing predictable mitigation options under Grant County code.[1] 2. Align the bank with WDFWs Shrubsteppe prioritizing defense of core habitat, expansion corridors and connectivity.[1] Key Policy and Program Design Themes Restoration and Resiliency Initiative (WSRRI), of adjacent areas, and maintenance of habitat 1. County Critical Areas Ordinance (CAO) updates (chapters 24 and 25) are drafted and iteratively revised to codify mitigation hierarchy, ban king/perm ittee-responsible mitigation (PRM), and in -lieu fee (ILF) options, with deadlines to meet 2024 code update cycles. [3][6] 2. A separate shrubsteppe mitigation guidance document is developed as a "living" resource to guide future bank sponsors on site selection, habitat types, service areas, credit generation, and acceptable land uses, distinct from but referenced by County code. [2][3] Credit Ratios, Economics,!2nd Landowner Feasibility 1. TAG repeatedly discusses credit generation ratios (e.g., 1:1 7 2:1 7 3: 1) and impact ratios, balancing WDFW's preference for higher ratios (such as 2:1 minimum) with the need to keep banking economically attractive and competitive with scattered PRM.[5][6][2] 2. - Ratios are stratified by habitat quality and level of protection (e.g., removal of grazing vs continued use) and are intended to "bake in" ecological uplift while allowing ranchers and landowners enough economic incentive to participate. [2][1] Governance, Roles, and Long -Term Stewardship 1. Grant County is positioned as bank sponsor and decision -maker, with WDFW, the Conservation District, and others participating as technical advisors, not regulators, and potentially transitioning into an Interagency Review Team —type structure. [3][2][1] 2. Conservation easements or deed restrictions held by a third party land trust or similar entity, paired with an endowment, are envisioned to secure long-term site protection, monitoring, maintenance, and response to disturbances such as fire or invasive species outbreaks. [5][2][1] Monitoring, ILF, and Implementation Details 1. Monitoring concepts include a roughly 10-year intensive monitoring period (varying by restoration vs preservation) followed by ongoing easement monitoring, with ideas such as drone surveys and use of WDFW best available science guidance. [3][5] Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees _10- 2. ILF is framed mainly for large-scale projects (e.g., major solar) that could otherwise exhaust bank capacity at once, with discussion of fee basis (market value of suitable mitigation land), timelines for expenditure (around six years), and IRT involvement in project selection.[s][s] 1. Grant County TAG 1 Meeting Notes from 3.28.2024 2. Grant County TAG 6 Meeting Notes from 1.14.2025 3. Grant County TAG 3 Meeting Notes from 5.21.2024 4. Grant County TAG 5 Meeting Notes from 12.2.2024 5. Grant County TAG 2 Meeting Notes from 4.22.2024 6. Grant County TAG 4 Meeting Notes from 6.25.2024 Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees f G'Ka""'ANT COUNTY s 3 Meeting Notes Grant County Shrubsteppe Mitigation TAG Meeting # 1 March 28, 20241 9:00 - 10:30 (PST) Agenda /Meeting Notes: 1. Introductions f Attendees - a. Grant County — Chris Young b. Consultant Team (Ardurra/Habitat Bank) — Shane Slate, Victor Woodward, Vince Barthels, Zach Woodward c. WDFW — Eric Pentico, Ben Turnock, Julia Michalak, Amanda Barg d. Conservation District — Kristina Ribellia, Kaley Wisher, Harold Crose e. Local Biologist (Ecosystems Northwest) — Dennis Beich 2. Project Team Goals — Chris Young provided an overview of Grant County's objectives with this contract to establish a shrubsteppe (SS) mitigation bank. Ultimately, the goal or purpose of the mitigation banking program is to support efforts to locate appropriate SS mitigation that is sustainable, is economically viable, is beneficial to the preservation and restoration of SS Habitat and provides mitigation options to applicants under Grant County code requirements. Our team will assess potential mitigation needs in the next 5-10 years, identify most valuable areas for protection and restoration of SS habitat in Grant 1..0 y, locate and negotiate with landowners on suitable mitigation bank sites, and develop the banking program framework and agreements in Grant County. The goal will be to have a "Pilot," mitigation bank approved by the County based upon the updated Grant County Critical Areas Code related to SS impacts and mitigation. 3. History and findings of existing TAG - What consensus has been reached, what are the outstanding issues and questions to date, what are the biggest challenges? a. Agency opinions about status of SS in Grant County. Eric (WDFW) provided some background related to the segmentation of the shrubsteppe habitats being impacted by development and how establishing mitigation banking could provide the opportunity to establish/protect more valuable and utilized habitat corridors. Right now mitigation that is being proposed is in 5 acre parcels that are separated from other habitats. There are also no monitoring or reporting on most of these mitigation projects. b. What are considered the major SS threats in Grant County that would impact development of a banking program? 1 GN RA N "'IN C 0 U N T Y W A S H( N G T o N The group mentioned: Agriculture (grazing, chaining to remove shrubs, producers leaving the NRCS based CRP program), fire, new land development, solar power/support power infrastructure projects. Chris inquired on who is the agency with approval authority for a bank of this type? The consensus was that WDFW would be the main agency driver, but it would do so in a technical advisory role supporting the County as lead/final decision maker. According to Habitat Bank, WDFW has been an advisor, and an interagency team member on past mitigation bank projects in WA state, however they only advise in a technical role or sign bank agreements in a non- binding way as a sign of support and agreement. 4. Determining Mitigation Hierarchy (preservation vs. restoration actions] - a. Current strategy for prioritizing mitigation actions (preservation of core habitat, creating/extending corridors, expanding core habitat etc.) The group discussed the merits of preservation since restoration/creation of shrubsteppe habitat is very difficult and has a low rate of success. Vegetation establishment is a challenge in and lands. A brief discussion was also had regarding consideration of property taxes implications and other potential consequences to landowners associated with taking land out of conservation or ag uses and converting it to a mitigation bank. Amanda provided the following to represent WDFW's priorities, which were taken from Washington Shrubsteppe Restoration and Resiliency Initiative's (WSRRI's) prioritizing actions: WSRRI's approach to prioritizing actions within remaining habitat is built around: Defending high -quality core habitat from encroachment of threats, like development, conversion, loss due to wildland fire, and invasive annual grasses, must be the highest priority for WSRRI; Taking action in lesser -quality habitat surrounding and adjacent to core areas, to expand the footprint of high -quality habitat; and Connecting the core, by maintaining open and viable linkages between core areas, will allow wildlife to move across the landscape and access high -quality habitat, allow for demographic and genetic exchange between populations, and increase habitat resilience and viability. b. Agency input on targeting specific locations for mitigation actions in Grant Co. Amanda (WDFW) mentioned utilizing the newly added biodiversity corridors in PHS data and provided the information to obtain this GIS data from WDFW. Based on the Map that Chris Young shared, the northern portion of the County contains a large geographical area of SS. Ultimately Habitat Bank/Ardurra would locate a pilot bank project based on WSSRI criteria listed above and on the ground knowledge and direction from WDFW staff working in Grant 411 R� GRANT COUNTY County. This could be a bank focused on preservation of very high quality habitat within core areas or to preserve connected corridors that are critical and under private ownership or threat. c. Establishing predictable mitigation ratios based on restoration/preservation actions for a mitigation bank program. This topic was tabled for discussion in a future TAG meeting. 5. Site protection, monitoring, and maintenance - a. What level of protection is needed and what are the options for these protections, what are allowable or compatible uses, who are potential easement holders? A discussion of the challenges associated with long term stewardship of protective covenants (both conservation easements and deed restrictions) was had. This an issue that could be improved upon within the County though the steps taken to establish a banking program. Zach from Habitat Bank knows that there are examples of both conservation easements and deed restrictions being used in other County mitigation programs and this program could borrow from the lessons learned about long term protection and site stewardship from alternative mitigation � pr o,VI U s a; id the state banking p ogra�m. b. Short term monitoring requirements, long term monitoring requirements Eric (WDFW) mentioned that the current issue with monitoring is that for the most part it simply isn't happening. However, this is regarding permittee responsible mitigation and a mitigation banking program would establish a clear standard for monitoring. c. Maintenance requirements Discussion of long-term stewardship of protective covenants potential being a challenge we will need to overcome. Can be accomplished through appropriate endowment. d. Reporting requirements This is a topic that will need to be addressed in future TAG meetings as the pilot program begins development. 6. Next steps and future discussions - a. Schedule next meeting April 22nd 1-3 PM PST Stakeholder groups need to decipher who their representative on the TAG will be to ensure proper structure. All are invited to participate but a lead for each agency/group should be assigned. At the next TAG, the Consultant Team will present a conceptual pilot SS Mitigation Bank Program for discussion. 3 TAG Meeting Notes 4.22.24 The Biden Administration announced 7 billion in solar funding to be released. We need to establish ratio structure prior to talking to Landowners since this would dictate how credits are structured and what the costs are. MBI Agreement (Bank Sponsor) will be the county. WDFW can sign on as an interested party if they choose. Amanda mentioned that they are advisory only and not technical so they would not be able to sign as an administrator of the banking program. The conservation easements that are established on the banking ground can be done in phases but the easement must be managed by 3 rd party. Still no determination whether this will be the Conservation District or not. The fee structure should also contain an endowment amount to create and grow the endowment for future sustainabiLity. Action Items: Credit Generation Ratios, i.e. 1:1 1 2:11 3:1, etc. Costs of mitigation per acre ($$/acre) based on quality and species? The higher the quality of SS and species - the higher the cost per acre. This initiative will start out as a Pilot Bank so we don't necessarily need all information up front and we can change as we develop the program. WDFW was concerned about not having "their" ratios established until end of 2024. Think about a Restoration option and how those ratios would work. Land Trust —do we need one to manage this? Monitoring Plan: • Drone Semi-annual observation? • WDFW (BAS) monitoring/Lands guidelines • Depends on how the Landis used; protection vs. restoration, grazing, etc. Example is a portion was to be used for controlled grazing. The area used for controlled grazing could have the conservation easement reflect the specific requirements for this area to be grazed along with the monitoring plan, etc. We can establish one bank and then use the "umbrella" bank option for future areas (banks). GRANT COU Grant County Shrubsteppe Mitigation TAG Meeting #3 May 21., 2024., 1:00pm (PST) Meeting Notes: 1. Introductions/Attendees a. Grant County - Chris Young b. Consultant Team - Shane Slate, Victor Woodward, Vince Barthels, Zach Woodward c. WDFW - Eric Pentico, Ben Turnock, Amanda Barg d. Conservation District - Kristina Ribellia, Kaley Wisher e. Local Biologist (Ecosystems Northwest) - Dennis Beich 2. Quick Recap of TAG Meeting #2 and other shrubsteppe related meetings a. Chris participated in the April 26th wind and solar workshop meeting and mentioned that the there is uncertainty in how the Least Conflict Solar Siting tool fits into the picture as it seems to present solar project practicability issues (proximity to distribution, etc) that are eliminating its use in Grant County. Additionally, there seems to be a gap in appropriate guidance and resources for solar projects on how to properly address cultural resources and correctly move through the process. b. Eric discussed a recent WDFW meeting related to the solar/wind guidance document and mentioned that preparing guidance to properly quantify and consider cumulative impacts is proving to be a challenge. c. Ben mentioned that WDFW had a mitigation related meeting (internal) regarding the solar/wind guidance and trying to quantify and identify potential mitigation structures. 3. Draft adjustments to Grant County CAO for Group Discussion a. Language utilized was discussed and it was mentioned that this is just our starting point, and it is based off of wetland mitigation guidance to get the ball rolling. b. In -lieu fee (ILF) was discussed and how it would fit into this process and the CAO. WDFW voiced concerns based on past history and difficulties in implementing the funds and how there is a temporal loss issue to be considered. It was mentioned that the Oregon White Oak guidance materials attempt to address some of these temporal loss considerations and could be an example. c. Chris mentioned that the County is considering multiple mitigation avenues to ensure they are able to provide the appropriate mitigation options to developers of all scales. /��,j ARDURRA HABITAT BANK LlC GRANT COUNTY adYr ' A S H R N L T 0 S d. Vince requested that the TAG provide input on how an ILF and other mitigation options should be worded/codified in the CAO. How do we spell out the steps in a valuable way? e. Zach brought up that the CAO will reference the instrument(s) that define how the mitigation bank or ILF program operates. So, the program itself will be defined outside of the CAO language but be very thoroughly describe in the banking instrument as the certification document. f. Mitigation hierarchy and site protection methods were discussed by the group and how they fit into the proposed program. It was mentioned that site protection has recently raised a large amount of confusion due to lack of codification. g. Ratios were discussed and how to apply the concept to banking and RRM mitigation to help emphasize an appropriate mitigation type hierarchy. Especially as it pertains to the differences between small scale segmented habitat vs large scale projects with interconnected habitats. h. Chris emphasized that the CAO edits need to consider the County's customers, be consistent, and understandable. i. CAO edits need to be finalized and in by June 28th to be incorporated this year. 4. Potential Mitigation Guidance Document Outline for Group Discussion a. A draft outline of a potential guidance document for Shrubsteppe mitigation was discussed by the group. This is outline was based off examples provided in USAGE and Ecology guidance. b. The big difference in this instance compared to wetland mitigation banks is that the County is fully the lead without outside oversight like wetlands have with USAGE/Ecology. In this scenario, WDFW is a technical advisor rather than a regulatory presence, so the burden falls on the County to develop a proper shrubsteppe mitigation framework. c. This makes development of an Interagency Review Team (IRT) of sorts all that much more important to ensure the County receives the technical input it needs to support the banking endeavor. The role of the IRT was discussed. 5. Potential Monitoring Requirements for Group Discussion a. Zach presented a high level overview of potential monitoring requirements. The type of mitigation implemented (enhancement, creation, vs preservation) needs to be considered with establishing monitoring requirements. The initial monitoring period may be vastly different in duration based on the level of change/effort. It is anticipated that monitoring may not be as rigorous as required for wetland mitigation banks based on the difference in needs. A general idea would be a 10 year monitoring period with level of ��` ARDURRA HJL ABITAT BANK LLC GRANT COUNTY W A S H t N G T 0 N monitoring requirements being adjusted by mitigation type. Long term (past initial 10 year monitoring) monitoring would still happen through the conservation easement monitoring. b. Ben brought up how to consider impacts to preservation components. For example, if you had a fire impact, newly introduced invasive species taking over, etc. How do we address these types of impacts? Consideration of funding endowment insurances for these risks, or other funding opportunities for large scale fire impacts. The maintenance plan for the bank should incorporate invasive species control (cheatgrass for example). c. Amanda mentioned the Shrub -Steppe and Grassland Restoration Manual for the Columbia Basin (wa.govI which has monitoring requirements/guidance. 6. Draft Press Release for Group Discussion a. The press release was presented and briefly discussed. Timing of the press release was brought up. Chris mentioned that there is currently a placeholder on the County's website for the program, so he is working to ensure that Grant County residents remain informed on our process and that there is a public involvement and transparency component. b. Amanda mentioned that WDFW has a communication specialist and that we could have her review the release and also brought up the potential of a joint public notice/press release. 7. Next steps and future discussions a. Schedule next meeting -Tuesday June 25t" @ 2pm PST b. Action Items - If any TAG members have any comments on the materials provided and discussed please provide them to the consultant team for utilization and incorporation in the draft documents. Please help focus on the proposed CAO edits and any suggestions. ARDURRA �,,% HABITAT BANK lLC 4, GRANT COUNTY W A S H I N G T 0 N Grant County Shrubseppte Mitigation TAG Meeting #�4 June 25, 2024, 2:OOpm (PST) Meeting Notes: 1. Attendees a. Grant County - Chris Young, Jim Anderson -Cook b. Consultant Team - Shane Slate, Victor Woodward, Vince Barthels, Zach Woodward, Chad Kauppi c. WDFW - Ben Turnock, Amanda Barg, Paul Christianson, Christine Davis d. Conservation District - Kaley Wisher, Harold Crose e. Local Biologist (Ecosystems Northwest) - Dennis Beich 2. Review of Chapter 25.02 definition updates a. Ben raised a question on the operational life of a mitigation bank as it pertains to the differences between a shrubsteppe bank vs a wetland mitigation bank (the wetland banks have more established standards and monitoring requirements). Zach clarified the difference I a bank and what irTerence between the operational i i o' happens after that point. Basically, the operational phase of the bank ends when all credits are sold (timeline governed by the banking instrument), at which point operation of the bank moves over to long-term management of the protected land. b. Discussion was had regarding how the mitigation habitat would be defined (cover, plants, etc) and how it will be maintained. This included a brief discussion on what will happen if fire occurs in the mitigation bank site (s) as it regards to fire protections, response, etc. c. Victor mentioned who is responsible for the operation phase (sponsor, landowner) but in the following stages (during the maintenance stage), activities would be transferred to a 3rd party (land trust for example). Such as any response that may occur after a fire or other disturbance activities that may occur. d. Kaley asked if the wording is such that you have to maintain a certain level of shrubsteppe on the ground or is worded so that there is an area set aside for Shrubsteppe? Is their allowance for natural functions and cycles to occur as opposed to us trying to control the shrubsteppe. Victor mentioned guidance from WDFW will be utilized in defining that for the mitigation bank within the bank's instrument. e. Amanda asked the question on where base definitions come from. For example, many use Websters. Chris mentioned that they utilize the Planners definitions and Zach contributed that many were pulled for WA guidance. /� j' nRDURR/4 HABITAT BANK LLC GRANT COUNTY' W A S H I N G T 0 N 3. Review of Chapter 24.08 updates a. 24.08.160(e) (SJ (a) Dennis brought up for discussion regarding the minimum fee calculation for in lieu fee and the mention of 2-acres per 1-acre. Victor clarified that the intent of the statement fora 2:1 ratio. Dennis further brought up that as written the ILF seems to penalize small landowners (whose impact is less than an acre) that minimize impacts. Chris began a discussion to clarify utilizing a current solar project nearing review as an example of the large scale impacts that would require in -lieu fee. ILF is intended only for those large scale projects which would empty out a mitigation bank in one shot. Dennis further asked if the fee is based on value of impacted land or value of potential mitigation land? Victor responded that the fee would be based on the market value of potential mitigation land (acceptable shrubsteppe habitat or mitigation bank site). Looking at only the value of the land that needs to be acquired for appropriate habitat and the fair market value of the core shrubsteppe area. b. Jim asked if the intent within the document for ILF collected fees to expend those amounts within 5 or 6-years. Vince clarified that it was intended to be 6-years to mirror similar timelines associated with traffic impacts fees, etc. c. Ben asked if the IRT is involved in ILF project/site selection. Chris replied that the County sees the IRT being involved in evaluations for large scale project that would utilize the ILF program and where the mitigation funds may be utilized on the landscape, etc. d. On the subject of PRM ratios, Dennis raised the question regarding the 1: 1 ratio for core mapped habitat. How do we ensure that functions of the impacted habitat are considered vs the core preservation areas to ensure an equal or uplift in habitat function? e. Amanda mentioned that Ben is working on an alternative table regarding ratios and how to approach them. Ben shared his table and considerations behind it with the group. The approach starts with the WDFW recommended 2:1 for in -kind and then raised the ratio for out -of -kind mitigation. Discussion was had regarding ratios for mitigation banking as it eliminates the temporal loss, etc. Net loss needs to be considered when thinking about preservation, etc. which brings in the WDFW consideration of 2:1 even for banking. f. Zach mentioned that in order for successful banking we want to incentive use of the banking program, we must be able to show favorable credit ratios. If all the ratios are 2:1, it does not incentivize the bank. This will warrant further discussion during development of the banking instrument for the mitigation bank. g. Amanda brought up in section 24.08.360(d) it could be helpful to include reference to utilizing a functional assessment. Such as, the i\/ A ik - HABITAT BANK LLC GRANT COUNTY assessment provided within the WDFW shrubsteppe management recommendations. h. Under 24.08.350(2)(D) Amanda request we don't directly mention WDFW and utilize a broader statement regarding the applicable entities. i. 24.08.160(E) (5) Dennis mentioned adding a section for considering sensitive/listed species presence to allow the official to increase ratios at their discretion. j. Additions to exceptions under 240.08.350 where introduced. Amanda mentioned instances where defensible space for fire resulted in extra impacts associated with new developments and that it should be included in mitigation. For existing structures that need defensible space it is a different subject and that habitat is probably highly disturbed already. On the maintenance subject there are types of "maintenance" that typically involve trenching which can have large impacts to PHS listed species/habitats. Therefore, maintenance exemptions can actually have large impacts so without prior review there can be issues and large impacts. Burrowing species are the major concern in these types of activities. k. Jim brought up ideas regarding 23.08.357 for Solar Energy Facilities on how to connect it to ILF use. Amanda and Jim will connect offline to work this subject. 4. Review of Chapter 25.24 updates a. Presented this chapter which is an outline or placeholder for the Mitigation Bank Requirements & Impact fees which will be defined later. b. Chris mentioned that all of these edits still have to go through the public process and there will be additional edits/opportunities through December. 5. Upcoming Planning Commission Meeting a. The planning commission meeting will be hosted online in August and it would be helpful to have TAG members to support. The Planning Commission Workshop is scheduled for August 7, 2024, from 6:30 to 10:00 PM. The meeting will be available virtually or in person and if interested in attending virtually you can access the meeting link from the Planning Commission Agenda on the website: https:llwww.qrantcountZwo.gov/`Ag ndaCenter/Planning- Commission-3 /�,r'" ARDURRA HABITAT BANK PLC TAG #5 M EETI N G N ®TES — 12/2/2024 Habitat Bank reports that they looked at approximately 12 sites in North County and the BeazLey Hill area and focused on core and species. The BeazLey Hill area seems the most promising and in speaking with Landowners, many have already been approached with using their land for alternative energy options. * Tough to compete against this The owners are interested with preserving open space but having the option for grazing their Land. It is evident that current grazing through Leased options is uncontrolled. i Habitat Bank recommends the Pilot Bank be established in the BeazLey Hill, area if possible. • Need to nail down appropriate ratios • Stewardship • And whether we want one Large site or several small sites — umbrella bank format. It makes sense to do multiple smaller sites as this is what seem ' s to be really available and also provides f LexibiLity, such as if one bank site experiences a fire, etc. We need to focus on the fact that our goal is to have the bank option priority over the in -Lieu -fee option and permittee mitigation. In order to do this we need to incentivize the bank and not make the ratios too arduous. Mitigation Banks are considered the "Gold Standard" in mitigation so we need to keep this in mind. Temporary versus permanent impact discussion. Temporary impact is really permanent impact even though the use and/or impact has a finite duration. We should not address temporary impacts from this perspective as it will complicate things. Impacts are impacts. There are temporary impacts associated with any development and these can be mitigated through the process, such as Lay down areas and site access. These areas can be restored once the development is complete and are really associated with large-scale solar or other complicated sites. Debit ratios are not recommended to be included as well. There was a Lot of discussion on the IRT and a Lot of good questions. • This is hard to nail down a definitive IRT since each project maybe substantially different where the IRT members need to change It was agreed that both WDFW and CBCD representation will always be needed. Will there be management plan updates, such as with grazing (Haley concern). There was a Lot of discussion regarding who would write, review and approve grazing plans. Also, the species element needs to be included since uncontrolled grazing could upset this. ALL projects would need to have an "adaptive" management plan that captures these concerns and these are typical in the banking business. There was some discussion regarding phase 2 codification and Victor reminded everyone that we would like to get the PoLit Bank up and running prior to actual codification. Question: Should the County's Noxious Weed Board have a seat at the IRT table? Next meeting was determined to be January 14 th from 1 to 2 GRANT COUNTY W A 5 H 1 N G 7 O N Grant County Shrubsteppe Mitigation TAG Meeting #6 January 14, 2025., 1:00pm (PST) Meeting Notes: 1. Attendees/Introductions a. Grant County - Jim Anderson -Cook b. Consultant Team - Shane Slate, Victor Woodward, Vince Barthels, Zach Woodward c. WDFW - Eric Pentico, Ben Turnock, Carmen Andonaegui, Paul Christianson, Michael Ritter d. Conservation District - Kaley Wisher, Deanna Elliot, Wade Haughton, Harold Crose 2. Questions/Comments on Mitigation Bank Guidance Document a. Ben asked how the document will be incorporated into County code. It will be encompassed in chapter 25.24. The guidance will be updated as need or wanted by the County. b. Ben asked about the credit ratios and how they relate to the mention of ratios within current code. Vince and Zach explained that the ratios in the code relate to permittee responsible mitigation while guidance document refers to the bank only and in particular credit generation. When the pilot bank is established the banking instrument will detail the impact ratios required for purchase of credits to offset impacts. Zach explained how the ratios in the guidance bake in a ratio. c. There was discussion of impact ratios/generation ratios and how they compare to the 2:1 ratio suggested by WDFW. Zach and Jim provided input on how the ratios need to be set in a manner that makes it practicable to have applicants actually utilize the bank over the patch work of permittee responsible mitigation options. d. Kaley asked if there was a reference source to the generation ratios selected. Vince explained that we attempted to stratify the generation ratios based on the habitat quality and imposed limitations of use. Zach added that WSSRI goals and objectives were utilized to select sites and to guide the hierarchy of ratios. That paired with the economics and considerations of the level of protections was utilized to establish the ratios. Victor added that the guidance is aimed for future bank sponsors who may establish a bank within the County. To attract potential sponsors, establishment of a bank needs to palatable and profitable from a business perspective. The guidance directs potential sponsors to the correct land areas, habitat types, etc. e. Ben asked if the required credits/impact ratios will be included in County code? Jim explained how these items will be included in the /��/ ARDURRA HABITAT BANK LLC GRANT COUNTY W A S H I N G T 0 N guidance. The use of Article V 25.24 will allow the County to put in how they will require the purchase of credits for impacts to shrubsteppe habitat, etc. Jim added that the establishment of the Credit Generation table really affects the ability to talk to landowners about shrubsteppe banking and the ability to convey to the landowners what they can still do with their land if they participate in the bank and at what level the bank would be able to generate credits in those agreements with landowners. f. Kaley asked a question regarding the ratio hierarchy when considering utilizing grazing as a management too/ to increase habitat and if we should consider flipping our view. Vince explained that the team considered removing disturbance as more beneficial in this case. The current generation ratio table is based on the thought process that removal of grazing will provide higher shrubsteppe habitat function. Kaley added that landowners who think of removing grazing will want to know how to reduce increased risk of fire danger. Zach added discussion related to the proposed endowment fund that will further protect the land (paired with the conservation easement in perpetuity) allowing funds to be available to restore the bank site (s) if/when there are large scale natural impacts (such as fire, invasive species, etc). g. Harold and Deanna brought up that the ratios may not be weighted enough to favor ranchers well enough to be economically feasible to the landowner to work with a bank. The subject of grazing was further discussed at length and realized that there are a lot of intricacies to the subject where grazing in some cases may be a benefit and others can be a negative. h. It was mentioned throughout conversations that the guidance document is intended to be a living document that will be updated as the pilot bank and available science progresses in the future. i. Kaley asked about the Service Area section and what the defined service area is? Currently it is limited to Grant County. Kaley inquired about future use of nearby Counties such as Douglas and Adam counties. Vince provided clarity that cross County credit purchases may be allow but there is more work between the local jurisdictions that would be involved. Jim mentioned that cities under 25,000 people will soon be able to directly adopt the County's CAO. j. Kaley also asked about how the protective covenants will stop or allow modifications to property structures (fences, gates, access points, watering, etc). Victor mentioned that those flexibilities will need to be considered and incorporated into the banking instrument, accepted grazing management plan, and conservation easement. k. Ben brought up the following questions: /��,,. HABITAT BANK PLC GRANT COUNTY fi W A S H I N G T 0 N i. Role of the IRT in this guidance -document? 1. Vince mentioned we would like to move the current TAG to the established IRT comprised of the County, WDFW, and the Conservation District. ii. Will the County hold funds for the bank or will it go directly to the bank? 1. Jim mentioned that in the case of the banking the County would at most be a temporary hold transferred to the banking sponsor. iii. Ben asked if how to hold the bank successful by the County? 1. This will be part of the future process, but one key component will the 3rd party conservation easement holder and their oversight. The County could then hold that 3rd accountable. iv. WDFW will send us some comments/language suggestions/questions and we can continue discussing them at next meeting 3. Next steps: a. Follow up meeting to continue discussion Thursday 23rd @ I pm- 2:30pm b. Please send further comments to Vince to help us be able to respond and discuss at the follow up. /�� ARDURRA HABITAT BANK LLC ATTACHMENT D Grant County Planning Commission Minutes Grant County Unified Development Code Amendment — Staff Report File #P 25-0196 — Chapter 25.24 Mitigation Requirements & Impact Fees - 12 - GRANT COUNTY PLANNING COMMISSION Chairman: Bill Bailey Vice Chairman: Elliott Goodrich Board Members: Carol Dawson, Patricia Jackson, Richard Leitz and Sandra Marcusen Secretary: Doris Long COMMISSIONERS' HEARING Room - GRANT COUNTY COURTHOUSE, EPHRATA, WASHINGTON AuGUST 7, 2024 @ 7:00 P.M. 7n74 AffAnri;;nrtz lmzmK =411M �mmmm��ao���� �mmA��mmo���� L TAM I gtkyAn P=Present A=Absent C=Canceled NM=No Meeting Held At 7:04 p.m. Chairman, Bill Bailey, opens the workshop. I Board Action: Approval of the October 4, 2023, Planning Commission Meeting minutes, Mr. Goodrich moves to approve the meeting minutes as presented. Ms. Marcusen seconds the motion. ACTION: - Elliott Goodrich moves to approve the meeting minutes as presented. Sandra Marcusen seconds the motion. Voted on and passes unanimously. Election of 2024 Planning Commission Officers Mr. Goodrich moves to nominate Mr. Bailey to retain his position as Planning Commission Chairman. Ms. Marcusen seconds, the motion. ACTION: Elliott Goodrich moves for Bill Bailey to act, as Planning Commission Chairman for the year 2024. Sandra Marcussen seconds the motion. Voted on and passes unanimously. Ms. Marcusen moves to nominate Ms. Freeman to act as Planning Commission Vice -Chairman. Mr. Goodrich seconds the motion. ACTION: Sandra Marcusen moves for Susan Freeman to act as Planning Commission Vice -Chairman for the year 20240 Elliott Goodrich seconds the nomination. Voted on and passes unanimously. Planning Commission Workshop Minutes August 7, 2024 Mr. Bailey informs the audience how the workshop will proceed. Deputy Director, Jim Anderson -Cook, introduces Vince Barthels. Director, Chris Young, provides some background information for the shrubsteppe mitigation banking initiative.:fie explains that a stakeholder working group was established with the intention of providing some viable otions for customers besides the "' A "preserve and protecti, options that the Critical Areas Ordinance p allows. After a year, the Board of County Commissioners allowed a Request For Quotes in order to retain a consultant group to perform a feasibility study of the shrubsteppe mitigation bank-. Ardurra, Vince Barthels, and Habitat Bank LLC, Victor Woodward, are the consultant groups to be hired from that RIF-4Q. The mitigation bank, is comprised of two components. the framework- and structure, which will be handled by Ardurra, and the establishment of the actual bank, which Will be handled by Habitat Bank LLC. Vince Barthel reports that he is the Environmental Services Manager for Ardurra and introduces Victor Woodworth of Habitat Bank-. Mr. Barthel presents the following PowerPoint. HABITAT BANK LLC W 71 A RDURRA Oleo ........ 11,1111 lump-Tvr- 'Mwii W I ffl� k e% 6 Planning Commission Workshop Minutes 2 August 7.2024 • Atypical 5-acre parcel owner, constrUCtS a homestead across 2.5 acres of shrubsteppe habitat. • With a 1:1 conservation ratio we end with a net loss of 2.5 acres and the fragmentation of the remaining 2.5 acres. • This process gets repeated... A` The fragmentation and net loss compoun slowly degrading the habitat. •—_ as J , - =-� - _. • m, 0 ta.- wg.- 6.4.. Ea Na X I 1;1 -.7,-.1 _* -■- - I , " � ' r, , . 1. . :.,a :;;; :a. :,a :a. *a "all A ': �4 Z. a so.. -,a a, :.a Ise. -..a. a. :.a s a so w: 'a "R it 1• ,12 it I a I is 4 2 a 11 V so a ■as N. - w, se: ,,, : a �,a . A. m. mi. as "low; o: 6.10*6 I'll 11186"No4io go "It 42 swo w,% "I"'Iii a ** a sIt x #-, It Its a me sawwooNara e'so me am o :,4- :",. :.*a 4 a 11,N I "IF 11 wo * on a % 1. . 1, Ar. 0 10 It a *4 a me 6.4Eme. Noun R 4 *V-i we a : I Is mf{ Ea ft ma :46 :a. I$,. .a. :a. :a. :a- :a. 14141*110814*110 a- :a. :a. :.a :a. :,a : :,.. as w*v 0. # vl�s . * a % & No se 0 so * so so a 'm a as a .0 4 so 4 am It .4 we -a a a , : : : . -• -a. a a 'o M . i , . :.a :.* '.As w`.* -o-ess 4 NI a 6 a 6 III a o.o. o.6- wa- 6 am IF 6 as a a 66:6 86 ...:a * *6 a as • ow 11a 1 am 0 as 6 *a * I,; . .6 am a *so a. a. eq. $4. a y�x a 4 %:a x m 4 a a as as %* 8 1 saw go 04 a a, a so N. a am, '*owe x we oR so we law a is a 41, . . . . . . a- 04 ;,il, 01ass .6 a as *:a 6 ",a w, a 4 ram., a'. v0s's *: N . , v•9 x 6 • . I. fw a at A *.* 6 a... way• e, 'a. :,. . 4: News : a saw 6: I ... a I's I's 4. - * am a 4 a- *a. I as -a.. *19 *4 .:.. a A V 4. ex . .. .. we New. -0 :e a •a a-*. I a :so am 6 Is am am me owes ... ... as. a 0, a a, a No * saw 4 we am a % a a, a we a 4 m.4! 4.0! 0:6.. 1, a I, a a a , a 41: Re , 4 0 '.a a 'A 4 * s It a "so gas %a- .*%voasms ,a a I. a jk a V 'a C a -a z�_* owes 4 8 . am ems0t.'s w IN IN. s: 0: a oat - 1, a `s - o" 's so -*000s a so ■as w, 4 '#I: we a as: we INmw a owes a in 1, 1. *.a,.* .4: so No, am N a.-- at a. we w. 6.* *-a swogoov&o.wo 4 4 a a, :as :so .5 we a 6 : a 1 Me, x so . 11,v x we % % . a 10*wwsw*1. a 1110 m lo: -.%, . v 4 e v as a lP 0 a;,t 6 '.It we N: sm: amam : sm: am: se: *8.6 so: •I so see we soet o-4 saw a %a .4 .4 A.".* as 6 aaEl as a a w some ols we a .6 -a -.4 • *1 we a a so ...over ... ..a and over... ...and Wee', This is a depiction of a -basically common dte-velopment scenario -where a -)-acre piece of land is being developed. The developer we. ould like to preserve or coif see cove, about half the property. As that keeps on _j V Ott re loshrubsteppe and the properties become fragmented from the rest of the habitat. As reoccur g. incI Z� history has basically presented, it becomes more and more ineffective. Washington State ��►� pIriaCOmerce WAC 365-196-830 — Protection of critical areas. • Desicfnation of critical areas and the adoption of regulations for the protection of such areas. RCW 36.70A.172 — Cr RdGai. areas designation and protection include the best available, science in devetoping policies and fa deveatopmeInt regulations to protect the functions and values of critical, areas, A 0 1- Cu, nty and the aricuLtural Uses are not exempt, however, Grant o Columbb Basin C'onservation District participate in the Votuntairy St-ewalrdship Program (VSPI-Work Plan and Monit[orin_ Plat'l, American Badger These WACs essentially lay the foundation for what's being discussed . critical areas and protection. I '. Planning Commission Workshop Minutes Auoust 7. ?0')4 a Chapt-er 24.088 - Critical Ar�Cas Ordinance I -r Chapter 25.24 — Guidance Frat tework 0 'nitions Chapter 25.02- Defi i These a -.re the Code sections to be discussed toni(,�ht- 4_ TAG (Techni aL Advisory Group) • County Building and Planning Division • WDFW (Washington Department of Fish and Wildlife) Conservation District • Development Community • Grant County PIED (Public Utility District) igebrwSh S0j-rrbwIN .0 Ao 49 _k Sage Thrasher Through a series of four meetings, this group helped to develop and vet some of the ordinance modifications that are to be presented. Planning Commission Workshop Minutes 4 August 7, 2024 W ashington Shrubsteppe Restoration & Re s i Li e n cy I n iti ative 30-year Strategy The "Core" Principle • Defend the Core • Grow the Core • Connect the Core N -J Sagebrush Lizard In 2021 WDFW came out with the Washington Shrubsteppe Restoration and Resiliency Initiative 30-year Strategy. With the WSRR1 they also developed maps to map the Core Areas; the Growth Opportunity Areas for the Core and the Core. jL.1 Five Key Elements * Community Engagement * Habitat Protection Habitat Restoration Species Management Fire Management • Conversion to Cropland • Wind and Solar Power Residential Development Soil Disturbance Invasive Plants • Increased Fire Frequency and Intensity Excessive Grazing Roads and Transmission Lines These are some of the threats to shrubsteppe. The focus tonight will be, for the most part, on development, Whether that's residential, commercial., industrial or even other infrastructure, solar, wind. etcetera. Planning Commission Workshop Minutes 5 August 7, 2024 Zn Current: On -site 11 • Avoid • Minimize impacts * Restore • Reduce by preservation • Compensate to Monitor Permittee Responsible Mitigation • Onsite • Prevention with enhancement • Prevention only • Offsite • Prevention with enhancement • Prevention onLy. Proposed: In -Lieu of Fee or Banking • Pay a fee in Lieu of the impact • Purchase bank credits Many of these amendments apply directly to Chapter 24.08 and Chapter 25.24. The first column is what is currentiv contained in Chapter 24.08, 1:1 on site preservation. The slide below represents mitigation Z=1 sequencina, which means avoidance. minimize and rn'tiorate. WDFW has a blanket statement on unavoidable tr I impacts to shrubsteppe, and they prefer a 2:1 ratio. The middle column is Permittee Responsible Mitigation and is broken into two different subsets, Onsite and offsite. These are in turn broken down into two subsets, preservation, which means the ground is locked up in perpetuity with. no other development in the area., or with enhancements. Enhancements could be weed control, plantings, fencing, possibly signage. One thing not mentioned on the slide is rehabilitation or restoration, which could possibly be replanting a farm Meld. into shrubsteppe vegetation. The right-hand column covers proposed In -LieLt of Fee or Banking. Currently there is only one option; I : I on site or offsite. A few more options are being presented to bring forth consistency and streamline the process, through pen-nittee responsible on site or offsite, and the In -Lieu of Fees program that would ultimately feed into a banking program Planning Commission Workshop Minutes 6 Auaust 7, 2024 Mitigation is accounted for at a 2:1 ratio in another approved location This represents the most accepted mitigation ratio that is endorsed by WDFW- a 2:1 ratio. If a 10,000 square feet area is being developed, a 20,000 square feet mitigation area will be necessary. Permittee pays a fee to a designated third party. This will evolve into and sustain the mitigation banking program These are generally -facilitated through a Developer" s Agreement, which has regulatory oversight by the County With input from WDFW. A fee per acre is established depending on the habitat that is goinp, to be impacted. The fees that are collected can be used for conservation, and specifically a banking program. Planning Commission Work -shop Minutes August 7, 2024 THERE IS A COMFIED PROCESS FOR, WATER AND WETLANDS BUT NOTHING FOR HABITAT CRITICAL AREAS (HCAS) CY0 Bank Site SeR Credits Restored Habitats Pay for Credits mitigation Banker Permittee -o-1 -;ncy to i-niflate a pilot I wnic'rl that establishes a shrubsti. er)pe batik. '11 _e Col-tntv �N' fld Na .eii,pf G Ir a Ini t C r% 1 1 R. An fl_A' s 9- It. A e_ I 1 t. S. th-.,--, re( tilato-ry7 oversight with inpUt ti'0111 WDFW, the Conservation District and other stakeholders. lutbat-,& is Me service area is oenerall-y a aeographie area that is being de Pvelo ed, and woud title he bank. Thle typdeal 1v a large site that could be 1,000 acres or better. UaAA- tilizing a bank gets 'ay ro fm the off`.-sitepermutee respo-tisib le, mitigation, that is checked boar ded and fragmented. It is consolidatino resources into a much larcTer ee or a developer to use the bank is that once the f ner Y'" site. IC Ua�,�,� is ge I ally held b third party. The bene! t E is paid, arn-a approved by the regulatotir official, the liability for mitigation is removed f rom the developer and transfers to the bank. The bank can be composed of land owned by the bankerand land o-%'--V'-ned in a conservation easement. Planning Commission Workshop Minutes 9 August 7, 2024 Shrubsteppe acres lViiiigation Ratios .are Dependent on Location and Shrubsteppe impacted Claseificstion (Required mitigation area : impact area) Mitigations Actions = Preservation with Enhancement or Re-establishment Shrubsteppe or other Shrubsteppe Classification Core GOO Corridor haVAnt(outside of core, GOA and corridors Core 2:7 2:1 3:1 4:1 Grawth Opportunity Area (GCA) 21 2:1 2:1 3:1 Corridor 2:1 2:1 2:1 2:1 Shrubsteppe or other habitat (outside of core, GOA, and 2:1 2:1 2:1 2:1 corridors Mitigations Actions ;.:Preservation 0nly Shrubsteppeior other Shrubsteppe classification Core GOA Corridor habitat (cutside of core, ----GOk and corridors) Core 2:1 3.1 4:1 6:1 IGOA 2:1 2:1 3:1 4:1 Corridor 2:1 2-A 2:1 &1 Shrubsteppe orother habitat {outside of core, GOB and 2:1 2:1, 2:1 2:1 corridors This table was vetted through the TAG working groups. w ►Fw had some input on the development of the table. This goes back to the 3 mapped areas mentioned earlier. In the first column the mapped areas are the Core, Growth opportunity Area and Corridor. The table tries to focus on where the impacts are occurring. The mapped area must be validated though a habitat assessment. The map is only a visual tool. This only pertains to permittee responsible mitigation. For enhancement mitigation, if the properly is located in the Growth opportunity Area and the offsite location is in the Corridor, the swap would be 2:1. That is assuming there is some enhancement being done. If mitigation property was being purchased for preservation only, then the ratio would be 3:1. For permittee responsible mitigation measures, the ratio varies from 2:1 to 6:1. The ratios are dependent on the quality of the shrubsteppe; Core being the highest, Growth opportunity Areas are second and Corridor is third. Planning Commission Work -shop Minutes 9 August 7, 2024 • Shrubsteppe is an important 0 More options to protect and mitigate ecosystem that needs protection. are needed for sustainable growth. Current mitigation options are not enough. 0 Establishing a Mitigation Bank will allow continued • Bring consistency growth without compromising critical habitat. ALI Incorporate best available science Streamline Permitting Process t Sage, grouse Shrubsteppe is important habitat. The intention is to bring forth additional mitigation options that provide development options that are viable to help preserve shrubsteppe. The proposed options incorporate best available science, and involves regulatory agencies,, to ultimately establish a process that brings consistency and streamlines the process. Discussion follows the presentation. Mr. Bailey asks where is the mitigation ground going to come from? If it is farm ground, that would be counterproductive to -what Grant County is all about. Mr. Woodward explains WDFW is a big player in this entire process. They are d1rectinv, a lot of the actions, both at the County for regulating, but also on how to properly mitigate for the impacts. The strategy that they're wanting adopted is to focus on the high. -quality Core shrubsteppe areas, and preserve those through the mitigation process. It isn't to convert agricultural land through this process. WDFW really wants to find the corridors, and the areas of high quality shrubsteppe, that might be at risk for conversion and protect those areas through this mitigation process. Mr. Bailey asks if this ground has been identified. Mr. Woodward replies that the TAG groups are working to gather the information and provide direction on t:� L-*� where to look for the property. Conversations are starting to happen with landowners in the areas that they believe WDFW would be most interested in having protected. Part of the challenge of creating a bank is satisfying the needs of the County and doing it in a way that is agreeable to WDFW. doing, is a great deal of discussion related to the mapped shrubsteppe areas of Core, Growth Opportunity Area and Corridor, mitigation ratios and how they are applied during the development of property, the Critical Areas Ordinance and the land banking process. Planning Commission Workshop Minutes 10 August 7, 2024 Harold Crose, Senior Technical Advisor with the Columbia Basin Conservation District, explains how the Voluntary Stewardship Program interacts with some of the discussions taking place. Agricultural lands and activities were not subject to any of the critical area requirements until July of 2011 when the Supreme Court of Washington determined .that agricultural lands are subject to critical areas. The Growth Management Act states that those land have to be maintained at the same level as July of 2011. There are ways of determining the quality of rangeland. He worked with the Natural Resource Conservtion Service for 41 years. Through the soil survey and range management efforts, a scale called the Ecological Site Description for Rangelands was developed. This scale could tell a person what would have been on a site pre - entry of development in pristine condition. This is important because if the County were ever to use a gradation system, or determine what land is worthy of investing public or private dollars into enhancement, this scale would determine what the condition would be. Currently 75% of Grant County rangelands are deteriorated well beyond what an Ecological Site Description would determine should be there due to invasive species. He believes a 6-8 inch precept zone is better off left alone, than to disturb it anymore. The likelihood of rehabilitating the ground back to what it had been in past history is minimal at best. Additional discussion related to protecting shrubsteppe habitat and how it would be enforced. Mr. Goodrich asks Staff what the goal date is to have the changes implemented. Mr. Anderson -Cook answers the formal hearing for all of the proposed UDC amendments will be held October 2nd with the Planning Commission. There are 9 UDC amendments, and tonight they are discussing 3. Another workshop will be held in September to discuss the other 6 amendments, which should go fairly quick, but they better do this one again. The Planning Commission needs to provide him with some guidance, so he knows what they want to act on during the October 2nd hearing. Mr. Bailey continents that this is going to restrict development, whether it be homes, dryland wheat, or even solar. who is really going to make the rules? Are the rules already established and the Planning Commission doesn't have a choice, or do they get to have input as to what is going to be part of the Code? He has watched Washington Department of Fish and wildlife for 35 years and every time development comes up, they have a negative comment. The Planning Commission did not receive information to tell them how many acres of shrubsteppe habitat are in the County, and how many of those acres are State, federally or privately owned? What is Core or Corridor? The Planning Commission needs to have this type of information, if for no other reason but to help -therm understand what is being talked about. when he first looked at the information ernailed, he didn't know how the Planning Commission was going to do something like this, and it didn't seem to fit. He still doesn't understand it well enough to say that it does fit. His inclination is that the Planning Commission needs to change it. They need to snake sure the changes are something they can live with as a Planning Commission making a recommendation to the County Commissioners, and be able to face folks, friends, neighbors, business associates, whoever and say -we did this for your own good. He is having a hard time with that and wants a lot more information. More workshops are needed. Asa Planning Commissioner, he wants to snake sure that when they are done, they get the best deal they can make for the people of the County. Mr. Goodrich states that he agrees with Mr. Bailey. He sees their opportunity as being in the ratios, because they aren't taking away options, but adding an option. As the first people doing this process, it is important to push as hard as they can to get the ratios as low as possible and provide as many options as possible for mitigation. Mr. Bailey states he is concerned that the citizens of the County are not going to be aware of what is happening to their property. Planning Commission Workshop Minutes .11 August 7. 2024 Mr. Young replies that it is important to understand that this initiative is brought forward by Staff. It isn't mandated by State statute. Staff will provide the information that has been requested. Deputy Director, Jim Anderson -Cook is presenting the proposed amendments for Solar Energy Facilities. He explains he feels it is important to highlight a strike out in Chapter 23.08.3 )57 Section 1-1. He reads the following proposed strikeou-t: "Additionally, solar energy./acilities that will hnpactfish and wildlife habitat areas, including but not limited to priority habitat areas, must comply -with the protection and mitigation requirements fiound in the [Vashington.De partment of Fish and TVildlifg TVind Power Guidedines published in April 2009, or as amended hereafter. These (Yuidelines are changing and will be published in December of this year. The tables that were presented to the Planning Commission are lesser than the tables that will be in the new wind and solar guidelines. Mr. Anderson -Cook continues to read "In the event a solar energy fiacilily proponent chooses to utilize thefte in lieu prograin of must be identified as the ,t�red by) TVDFW TVind Power Guidelines, a qual�fying entity m recipient of thefitnd-s% The quali�ing recipient mitst be a bonafide and verifiable conservation oraanization within with specialization or focus on lands and habitat conservation. " This does not exii,st so this is what they are trying to stand up. The people who would like to develop solar do not have the option to do a pay in lieu and enter into a binding agreement with Fish and Wildlife. This is a tool to use to mitigate if a project is impacting critical areas. Mr. Anderson -Cook presents the following PowerPoint. Planning Commission Workshop Minutes 12 August 7, 2024 SOLAR ENERGY FACILITY- 23.08357 Defined limitations on parcel area conversions for non-agricultural uses. Amended setback distance from residences. Amended to reflect changes to Grant County Critical Area Ordinance and updates to WDFW Wind and Solar Guidance. Amended to include baseline site assessments and soil monitoring for decommissioning agreements. —_ Parcel Area conversion Limits Current code only considers permanently placed structures, ie. Slabs, footings, posts, columns, etc. towards the 20% conversion limits for AG Rangeland and Dryland. This is industry standard and widely used by Energy Citing Councils nationwide. Proposed changes to the code would require the Solar Panel that cantilever's it's supporting structure to be taken into consideration as part of the 20% conversion limitation. In both cases, the conversion limits are on aparcel-by-parcel basis and would include parcels that contain Battery Storage facilities, Substations and Operations & Maintenance Facilities. _Ao. To ca.] culate the so Liare feet of a parcel of AG land being converted under the current (-'ode,, the ..t z sq. ii. col u-.tniis supporting the solar rack, which are at'25' on. center, would. be counted over the parcel area. 1) j area. As proposed, the 26.,.)-' sq. ft. of the solar panels would be counted and calculated as the conversior This is an example of a proposed solar prqjject demonstratincy the conversion of around uncter tne currem tocte, compared. to the proposed Code. cyust -1. Planning Commission Work -shop MAu Minutes 14 t:: 7, 20'24 Parcel Area Conversion Limits Example Project — 2,061 Acres across 8 Parcels Current Code — 1,110,727 sq. ft. of converted lands, all parcels compliant. Proposed Code — 34,572,000 sq. ft. of converted lands, ONE parcel compliant, not to industry or Energy Citing Council standards. It's important to keep in mind that the intent of the code was to reduce the impact to be able to return the lands to their original condition upon decommission, or as near to as possible. Setback Distances to Residences Nonparticipating Residence: a residence located on nonparticipating property that is existing and occupied on the date an application for a permit to develop a specific project is filed with the County. Proposed: In no case shall any component of a solar energy facility be constructed within 1,000 feet of any nonparticipating residence. Current: In no case shall any component of a solar energy facility be constructed within 100 feet of any off -site residence. z-ct dc-monstnafincy the' potential impact to a project wnen ine T his is an exam.ple ofa proposed solar pjoj,,,,, %,111 LL xl.-Lc� I.X-L Y%. proposed- setback. distances to residences are applied. The participatlino and nonparticipating latiauage is important, because there. are landoN-v-ners that choose to live. in the middle of the solar development. Create a baseline assessment so the site can be returned to the condition it was betore tne sour cieveiopment. Planning Commission Workshop Minutes 16 August 7, 2024 ENERGY STORAGE SYSTEMS - 2108,A65 New allowed use in certain zoning designations via DUP or CUP. Either stand alone or co -located with a Solar Energy Facility. Typical stand alone is interconnected to an existing utility substation. By storing energy during times of excess and dispatching during times of need, energy storage increases reliability and controls costs for Grant County consumers. When co -located with a Solar Energy Facility, energy storage systems dispatch energy to the grid when demand is higher or solar generation is unavailable, such as night or days of cloud cover. ENERGY STORAGE SYSTEMS - 23.08.165 Energy Storage System facilities of any size shad be an allowed use, subject to discretionary review, in certain zoning districts as specified in Tables 3, 4 and 5 of GCC § 23.04. As specified in Tables 37 4 and 5 of GCC § 23.04, Energy Storage System facilities with a nameplate rating that exceeds 10 Megawatts (MW) shall require conditional use permits in the same zoning district. In addition to the energy storage devices, an ESS may include other accessory structures and equipment including substations, switchyards, electrical infrastructure, generators, distribution lines, communication infrastructure, transmission lines and other appurtenant structures or facilities. _ T tir i . Tlico e mmuniClation anct e his s a..." example of a battery storage system. It is very sophisticated technol-ou. in is C, of the art. The Washington. State Fire Code, protection systems that are buill inside of the cabarc tat se adopted this vear, contains elements specifically targeting energy, stora(ye systems. Discussion takes place. Mr. Goodrich comments that he -finds it odd that more restrictions are placed on. a solar prolect than a dairy or feedlot, which would have a larger impact than solar would. Ms. Marcuseji states that she attended a PUD nneeting where it was said that by 2030 they were going to be z::� carbon neutral by using solar. She is pro -solar and feels it would be advantageolus to add to the power. (Mr. Anderson -Cook explained earlier that EFSEC (Energy Facility Site Evaluation Council) is a State agency that developers have the option to go to for permitting and site enerav facilities, thereby circumventing Countv processes and Codes.) Mr. Anderson -Cook points out that WDFWs recommendation for proposals that are being processed through EFSEC, are the same proposals as permitting through the County. Staff prefers that the proposals be processed through the County offices to keep the permit revenues in Grant County and allowing their input on the projects. The proposed mitigation amendments presented earlier are important to solar development. A solar development is going in front of the Rearings.Exam.iner next week, with. 995 acres of shrubsteppe being impacted, and because of this initiative there is the opportunity to do pay in. lieu. Discussion takes place among Staff, the Plarming Commission and audience members, which. includes how the I mitigation fees would be calculated, what ability the Planning Cornmissi*on would have in modifying the -1 proposed amendments, and why make the solar regulations more restrictive. Planning Commission Workshop Minutes 48 August 7, 2024 PatrIck Boss cornments that lie represents scl-verall Po-11 Dis-IrIcts in the County,. Couln-tv need.-s more ower P solar is he only anwe.A coupe off D icts arelookI 'ng at dni g %owewcorn*nd c-% cle gas 4 Wirbines. and sollar, and bw,-,L-erieF-.. Larae pr(-:�;ects, su(.,,'-,. as ste-el' n.-i.anuffictui,ers. and processors. are currently looking atro-ijuld the Cour-olLy, and if the Coturav doesn't'n-ave molre power they` are (yoing 'to mIss ot-tt on. -it ef v for opportunitgro�mth. "I z::), DisIC-lussion takes place rePi'ardin-o the nee�,-J to be able to store energy and nnaximize the energv productiol-I capatv f T d like to see other t�--rpes of energN--y storacye inctude.d, along wi-th battery ivIr, Baile-3v comments that he woialcl storaa e. General discussion take place. Mr. Bailev, closes the work-shop al 9: 22 pm, v Respectfully submitted: Long, Secreta, yl Appro-ved b-ly Y Hill Bail-ev, Chairmap, Pla,nning Commission Workshop Minutes .19 Au54ust 7. 20-2.4 GRANT COUNTY PLANNING COMMISSION Chairman: Elliott Goodrich Vice Chairman: Bill Bailey Board Members: Carol Dawson, Susan Freeman, Patricia Jackson, Richard Leitz and Sandra Marcusen Secretary: Doris Long COMMISSIONERS' HEARING Room - GRANT COUNTY COURTHOUSE, EPHIIZATA9 WASHINGTON NOVEMBER 59 2025 * 7:00 P.M. '?n?'; A1l-tPnr1;;nrtn NAME JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC BAILEY NM NM NM NM NM NM NM NM P P P NM DAWSON NM NM NM NM NM NM NM NM A A A NM FREEMAN NM NM NM NM NM NM NM NM P P P NM_ GOODRICH NM NM NM NM NM NM NM NM Zoom P P NM JACKSON NM NM NM NM NM NM NM NM P P P NM LEI17 NM NM NM NM NM NM NM NM A A P NM_ MMCUSEN L NM I NM I NM NM NM NM NM NM P P P NM P=Present A=Absent C=Canceled NM=No Meeting Held At 7:00 p.m. Chairman, Elliott Goodrich, opens the workshop. Board Action: Approval of the Planning Commission Meeting minutes. Ms. Freeman moves to accept the October 8, 2025 minutes as presented. Ms. Jackson seconds the motion. ACTION: Susan Freeman moves to approve the October 8,2025 meeting minutes as presented. Patty Jackson seconds the motion. Voted on and passes unanimously. Planning Director, Jim Anderson -Cook, explains that the workshop will begin with Shrubsteppe Mitigation Banking, which was previously presented as file P 25-0196 for the purpose of standing up Grant County Unified Development Code Chapter 25.24 — Mitigation Banking and Impact Fees. Chairman Goodrich clarifies the purpose of the proposed Code revision. This is to simply establish the structure. It's not the Code that will establish the ratios that people have to use to mitigate for their projects. This is how credits are created, not how credits are used. Mr. Anderson -Cook reinforces that Chapter 25.24 would create the framework for bank establishment and governance, while project -level mitigation ratios and usage live in Chapter 24.08 (Critical Areas Ordinance) and other guidance, which includes in -lieu fee mitigation and "Table 5" for on -site and off -site mitigation. Consultant Vince Barthels, Northwest Environmental Services Director at Ardurra, presents a PowerPoint and explains mitigation banking as being a sponsor who restores or preserves a site and generates credits; permittees buy credits to offset regulated ecological impacts; and a regulatory body oversees establishment, operations, and long-term stewardship. The central instrument is the Master Banking Instrument (MBI). It is the enforceable proposal a sponsor submits to the county. An MBI is where the ratios by which credits are generated are established via site -specific, restoration -type tailored credit generation (shrubsteppe restoration vs. preservation). He states that those ratios do not appear in Chapter 25.24 itself. Planning Commission Workshop Minutes 1 November 5, 2025 Mr. Goodrich clarifies that the ordinance dictates how someone applies to create a bank. The negotiation during MBI review determines how many credits your acres would generate. Then you're at liberty to sell those credits to projects that need them under the Critical Areas Ordinance. The market value is not set by the County; technical review governs credit quantities, while the Critical Areas Ordinance governs project -level usage ratios. Mr. Bailey asks whether banks own their sites and how large they should be. Mr. Barthels answers generally larger, 1,000 acres or better, but notes that smaller scales may be feasible. Mr. Anderson -Cook reports that a banking sponsor is "champing at the bit" to pilot a bank on approximately 1,000 acres consisting of approximately 750 acres held in CRP and 250 acres of core shrubsteppe. The sponsor is planning on active restoration, the placement of a conservation easement, and operating as a for -profit bank. Mr. Leitz asks about wildfire risk, what happens to the credits when the property bums. Mr. Barthels describes standard instruments that are used to protect the bank such as conservation easements, long-term stewardship, and dedicated endowments designed for restoration and contingencies. Mr. Anderson -Cook confirms that this ordinance will establish that when a person applies, they must have a set - aside endowment. Mr. Leitz asks what percentage of Grant County has to be shrubsteppe to satisfy Fish and Wildlife. Mr. Anderson -Cook explains the purpose is not to hit a number, but to provide tools to help customers mitigate shrubsteppe disturbance. There are 3 possible tools, which are to mitigate on or off site, do an in lieu of fee under a Development Agreement or a mitigation bank. Mr. Barthels provides a list of key terms. • Regulatory Agency — is Grant County. • Interagency Review Team (IRT) — is composed of the Planning Department staff, possibly consultants or may be an agency such as WDFW, or the Conservation District. There is discussion regarding the Interagency Review Team (IRT); who participates, how it functions, and how conflicts are managed. Draft language identified the County (Planning Director as Chair), County staff or hired consultants, and "may include" agencies such as WDFW or the Columbia Basin Conservation District. Mr. Goodrich would like to add optional representation from commercial interests, like 9 developers, agriculture, _L 1 or related groups, as long as it is in general terms and at the Planning Director's discretion. Mr. Anderson -Cook cautions the more that are involved, the harder it is to get consensus, favoring the "may include" structure that preserves flexibility and discretion. The Planning Commission suggests removing named agencies to avoid locking the process. They would like to see "Other relevant parties as deemed appropriate by the Planning Director," which would enable inclusion of geologists, biologists, cultural resource experts, or Tribal consultation. The Planning Commission and Mr. Anderson -Cook agrees on the following language: "The Interagency Review Team consists of the County as the IRT Chair, County - designated staff or hired consultants, and may include other relevant parties as deemed appropriate by the County Director." There is discussion as to whether mitigation banking would "decrease land balance" for agriculture or erode values. It is noted that the mitigation bank would be Rural Resource non -irrigated land, lower productivity ground. Planning Manager, Michelle Mercer, explains that in Benton County there is another taxing designation, Open Open Space, that could be a better economic value than Current Use for farmers not using particular parcels. If the County chooses to establish that program, landowners could get mitigation revenue plus better tax incentives. Mr. Barthels continues covering the key terms. Planning Commission Workshop Minutes 2 November 5, 2025 • Mitigation Bank Sponsor — the individual or party who is accountable for the bank site. • Site Selection — 10% of Grant County is in poor habitat, so the banks will likely be in poor habitat. • Prospectus — is the proposal, the first step, the preliminary plan. • Mitigation Banking Instrument (MBI) also called the Master Banking Instrument — is the master document. It contains everything from baseline conditions, surveys, what the plan is, how it is going to be monitored, and performance standards. It is the blueprint for the bank. • Service Area — is Grant County. • Performance Standards — generally have to do with planting. Performance standards are attributed to vegetation and habitat structure. • Permanent Protections — perpetual endowment funds and bonding. • Long-term Stewardship - endowments are typically stewarded by nonprofits, accruing interest,, designed to finance restoration. • Credit Ledger — is like a checkbook ledger managed by the County. For example, if the MBI is targeting 100 credits, an initial release might be 25% of the ledger, with staged releases contingent upon performance standards being met as negotiated under the MBI with County oversight. • In Lieu of Fees Program (ILF) — collected in lieu of fees money can be applied to a banking program. There is discussion related to the In Lieu of Fees Program. ILF funds paid by developers are held in escrow by the County and may be applied to items such as plantings, studies, or IRT costs. ILF-funded improvements must be deducted from the bank's ledger to avoid double counting. The amount of cash used is equaled to credits and wiped off the credit ledger. Mr. Barthels briefly summarizes the 6 articles of Chapter 25.24. 1. General Provisions: provides the purpose, establishes Grant County as the authority and the IRT composition. 2. Certification Process: what is in the prospectus, what is in the MBI, what are the public notice requirements for a bank site. 3. Bank Establishment: how the site is selected, what are the performance standards, and how the credits are generated. 4. Bank Operation: what is the maintenance, what is the monitoring, and how is the ledger reviewed. 5. Use of Credits: how and where credits are applied to the service area. 6. Compliance: enforcement mechanisms to make sure the mitigation bank sponsor is held accountable to their MBI. Chapter 25.24 governs bank establishment and operations, including the application process via the MBI; how credits are generated, tracked, and transferred; oversight and compliance; and long-ten-n stewardship via conservation easements and endowment requirements. It does not set project -level mitigation ratios, determine credit market value, or compel usage, those functions remain with Chapter 24.08 and the marketplace. Mr. Goodrich would like to discuss tokenized credits. He explains that he is concerned about solar farms as they are not indefinite, while bank credits exist in perpetuity. Each credit should be assigned a unique token in the ledger signifying ownership of the credit. When the life cycle of the solar farm ends, and the site is reverted back to its original state, those credits should be able to be sold to whoever needs them. There is an infinite need for shrubsteppe ground to be preserved in perpetuity, so there needs to be an instrument in place to prevent the credits from disappearing after the project that required the mitigation is finished. The Planning Commission, Mr. Barthels and Mr. Anderson -Cook discuss the concept. Planning Commission Workshop Minutes 3 November 5, 2025 Climate Resiliency Element Update: House Bill 1181 Mr. Anderson -Cook introduces Annie Murai and Kara Odegard, of Measure Meant, who are consultants that he has been working with for a climate resiliency update to the Comprehensive Plan as required by House Bill 1181. Ms. Murai and Ms. Odegard are attending and presenting via the Zoom platform. Ms. Odegard explains that this is part of the Growth Management Act (GMA), as amended in 2023 by House Bill 1181, which requires that all Planning jurisdictions include climate considerations in their Comprehensive Plans. Grant County must adopt a Resilience Sub -Element. The work is funded by the Climate Commitment Act and is administered through the Department of Commerce. The plan that is being developed for Grant County is a community -driven plan. The three requirements for the Resilience Sub -Element: • Addressing climate -related hazards. • Protecting natural areas critical for habitat. • Ensuring community resilience - protecting people, infrastructure, and economic systems. The eleven sectors the state highly encourages evaluation of: • Agriculture • Buildings and Energy • Cultural Resources & Practices • Economic Development • Ecosystems • Emergency Management • Human Health • Transportation • Waste Management • Water Resources • Zoning & Development The contract period to produce the County's draft Climate Element is from January — December 2025. Ms. Murai explains the Climate Advisory Team (CAT) is made up of interdisciplinary experts across the eleven sectors, including city representatives and planners, Public Works, experts in natural resources, energy health and wellbeing from throughout the County. The CAT met monthly and chose to co -create the process and help do the work. Four focus group sessions were hosted across the sectors covering infrastructure, economic development, community and health, and natural resources to validate vulnerability assessment results and to brainstorm policy solutions. One on one informational interviews were conducted with those who couldn't make the commitment to the CAT, or if additional expertise was needed, including four Tribal representatives. They participated in the Umani Festival (a Hispanic heritage festival) in Moses Lake where over 100 participants took a survey and responded with open ended ideas around what policy solutions would support them in addressing temperature and precipitation changes. They also have a few "meetings in a box" scheduled so that community -based organizations can facilitate conversations with their constituents and then provide feedback. The Climate Impact Report is the backbone of the project and all of the data in the Report is available on the Planning Department's website. The primary climate drivers for Grant County include the projected increase in the frequency and duration of drought; diminishing snowpack affecting streamflow; potential increases in storm magnitude causing flooding in certain areas; and rising year-round temperatures with higher nighttime lows. They find that often the temperature and precipitation indicators are very important for the agricultural community. It is noted that the Comprehensive Plan is a 10-20 year Planning document, but the guidance from the Department of Commerce was to look at future climate projections throughout the century. Ms. Murai explains the vulnerability assessment process follows the State guidance. High -vulnerability assets cluster in infrastructure power, housing, water delivery, and roadways followed by health and emergency Planning Commission Workshop Minutes 4 November 5. 2025 management, with disproportionate impacts on farm workers, low-income residents, those with pre-existing conditions, children, and seniors. Also categorized are nine natural resource items and four economic/cultural resources. Surface water resources such as ephemeral springs and creeks scored very high, as many are drying up. Non -irrigated crops scored highly, reflecting less capacity to manage drought without irrigation infrastructure. Traditional plant food & medicines scored highly vulnerable as well. The intent is to create Goals and Policies for the Climate Element that will address the highest scoring vulnerabilities. Twelve policy priorities from the CAT ranked in order of which received the most support in their meetings. • water conservation • reduced reliance on groundwater • ecosystem preservation • viable solutions for the unhoused community • enhanced public transit • accessibility to fresh food • education and outreach • energy & transmission permitting improvements • ecosystem preservation • economic diversification • passive building systems • economic growth • resilience centers Ms. Odegard explains the Climate Element is part of the broader Comprehensive Plan update, due by June 2027. Climate work began earlier due to grant timing. Mr. Goodrich explains that the County uses the Comprehensive Plan as the guide to establish its Code. This Climate Element is going to be added to the Comprehensive Plan. Discussion takes place including how the Climate Element could be used to the County's benefit, to make developing easier and not harder, preferring broader goals. Mr. Goodrich asks what the Planning Commission's meeting schedule will be for the next few months. Mr. Anderson -Cook replies they will start meeting monthly as they work through the periodic Comprehensive Plan update. He will meet with Ms. Mercer to evaluate the "token system" and whether re-publication/re- notification is required. If not, the plan is -to present a revised Chapter 25.24 for the Planning Commission to make a recommendation to the Board of County Commissioners. In January there will be a workshop to review wind energy. The County is currently under a moratorium for Wind. We don't have a wind ordinance, and we have developers that have signed leases with property owners. . Mr. Goodrich reports that Carol Dawson stepped down from the Planning Commission acknowledging her service. Chairman Goodrich closes the workshop at 8:45 pm. Approved by: Elliott Goodrich, Chairman Doris Long, Secretary Planning Commission Workshop Minutes 5 November 5, 2025 GRANT COUNTY PLANNING COMMISSION Chairman: Elliott Goodrich Vice Chairman: Bill Bailey Board Members: Susan Freeman, Patricia Jackson, Richard Leitz, Sandra Marcusen and Stephen Phipps Secretary: Doris Long COMMISSIONERS' HEARING Room - GRANT COUNTY COURTHOUSE, EPHRATAq WASHINGTON JANUARY 7, 2026 g 7:00 P.M. 2026 Attendance At 7:00 p.m. Chairman, Elliott Goodrich, opens the e --ting. l_� Mr. Elliott announces the Commissioners who are,��ptesent and Stephen Phipps as the newest member of the Planning Commission. Planning Commission Meeting Minutes 1 January 7, 2026 Development Services Director, Jim Anderson -Cook, provides a summary of activities conducted for the 2027 Comprehensive Plan update. He explains that the mandated update is required to be completed and ready to adopt by June of 2027. The bulk of the work will be done through 2026 into 2027. There has been 30 stakeholder interviews held with various representative organizations from throughout the County. The main concerns that were brought up during the interviews are: 1. Power Availability: Impacts on the limitation of available electricity to support demands of growing (high load dependent) economic industries. 2. Water Concerns: Includes 1) depletion of the aquifer 2) availability of potable water for domestic use 3) water quality of Moses Lake 3) expanding irrigation supporting expansion of agricultural growth. 3. Transportation Safety and Connectivity: Includes 1) Infrastructure and growth patterns requiring vehicle -dependence 2) Emergency service access to unincorporated residential communities. 4. Environmental and Resource Preservation: Concerns of expanded industry and renewable energy development. f 5. Economic Development and Work Force: Need to diversify employment opportunities. 6. Housing Diversification and Affordability: Housing development ne-, eded for various incomes and family types. Concern over rising housing costs, and daily cost �oohiving. 7. Expanded Tourism: Opportunity to develop and promote the County's tourism and recreation offerings. 8. Collaboration Opportunities Between Public Agencies: Emphasis on communication and integrated strategy serving shared outcomes. 9. Industrial Demand: Opportunity to assess Industrial land. demand region -wide and develop a countywide industrial lands policy. A great deal of feedback concerning industrial land availability was received from the Mattawa, Quincy and Warden areas, as well as the rural lands around Priest Rapids Dam. A website has been created, and community open houses are scheduled to be held in Moses Lake, M attawa and Grand Coulee. Mr. Leitz asks who has the say about Zoning, whether it is Giant `County or the Department of Commerce. Mr. Anderson -Cook explains, it is the County. Every 10 years the mandated update is the one opportunity for a countywide lands analysis to be perforr : -bd allowing for incorrect Comprehensive Plan Land Use and Zoning Designations to be corrected. During the years in-bdwe"downels apply for site -specific land use designation changes, and it is the applicant's responsibility to prove that the wrong designation was established during the periodic update. Discussion takes place regarding the Goals and Policies of the Comprehensive Plan including possibly structuring the Plan to allow for: a little snore flexibility, maintaining the ability to be able to adjust to the needs of the people of Grant County, the affordability of property and housing, future power generation and economic growth and opportunity for the smaller communities in the County. Chairman Goodrich reports that the Board of County Commissioners are going to be more diligent about enforcing term limits for their co" nmmissions and boards. The Planning Commission also needs to update their Rules of Procedure that are Located in the Grant County Code. These items will be discussed at the next meeting. P 25-0196 Amendment of Chapter 25.24 - To establish a Mitigation Bank to offset development impacts to shrubsteppe habitat. Mr. Anderson -Cook explains that this application is to amend Chapter 25.24 of the Grant County Unified. Development Code to adopt rules establishing a countywide process for certifying and regulating shrubsteppe mitigation banks. The Planning Commission has previously reviewed the suggested language in the original application materials. Planning Commission Meeting Minutes 2 January 7, 2026 Language has been incorporated into 25.24.020 -Interagency Review Team, at the Planning Commission's request. It is specific to who the Interagency Review Team is going to consist of; Parties as deemed appropriate by the County Director has been added. The Section now reads: The interagency review team (IRT) consists of the County as the IRT chair, County designated staff or hired consultant(s), and may include other relevantparties as deemed appropriate by the County Director (e.g., WDFW and Columbia Basin Conservation District) that have technical expertise or regulatory authority in the specific regulated habitat and that choose to participate in the bank program. The accepted comments and suggestions for text edits received from WDFW have been incorporated into the revisions. Mr. Goodrich asks Mr. Anderson -Cook to display the final ratio requirement. Mr. Anderson -Cook reads from the WDFW letter: 25.24.130 Credit Generation Based upon our most recent conversations with the county, it is our understanding that the county will ultimately maintain the registry of all mitigation banks operating within -its borders. In this regulatory role, it will determine the ultimate mitigation ratios (which...are based upon the credit generation and credit debiting policies) and willjudge proposals in line with Best Available Science and hold them to a standard of No Net Loss to ecological functions, and values, as described�n section 25.24.090. ,4ccordingly, we support this policy. He states that the credit generation and ratios will be decided by the IRT and the County. This was a significant win. Ms. Marcusen asks what law requires Grant County to preserve shrubsteppe habitat. Mr. Anderson -Cook replies that the Director of Fish and Wildlife has determined that shrubsteppe habitat is a protected habitat (a critical area) in the State of Washington P' ' the Growth Management Act the County is required to protect critical areas. Ms. Marcusen explains that she is not going to be able to vote for this. She cannot support something that is a directive and not a law. When the Planning Commission signs this, it will become enforceable, and it is a land grab. Discussion takes place during which Planning Manager, Michelle Mercer, points out that the amendment being heard is not about protecting shrubsteppe. It. is` a voluntary program that would provide landowners an avenue to generate revenue for property that is notbeing utilized, and that they would like to protect and preserve. There is no public in attendance. Ms. Marcusen recuses herself from doting. Mr. Bailey moves to recommend approval to the Board of County Commissioners of Unified Development Code Amendment P 25-0196 as presented. Ms. Jackson seconds the motion. - The motion is voted on and passes. Mr. Goodrich, Mr. Bailey, Mr. Phipps and Ms. Jackson vote in favor of the motion. Mr. Leitz votes in opposition. Ms. Marcusen abstains from voting. Board Action: ACTION: BILL BAILEY MOVES TO RECOMMEND TO THE BOARD OF COUNTY COMMISSIONERS THAT THE UNIFIED DEVELOPMENT CODE AMENDMENT TO CHAPTER 25.249 MITIGATION REQUIREMENTS AND IMPACT FEES, TO ESTABLISH A MITIGATION BANK TO OFFSET DEVELOPMENT IMPACTS TO SHRUBSTEPPE HABITAT, BE APPROVED WITH 8 FINDINGS OF FACT. PATTY JACKSON SECONDS THE MOTION. Planning Commission Meeting Minutes 3 January 7, 2026 VOTED ON AND PASSES WITH 4 IN FAVOR, I OPPOSED AND I ABSTAINING. General discussion takes place. Chairman Goodrich closes the public hearing at 8:07 pm. Approved by: Elliott Goodrich, Chairman Planning Commission Meeting Minutes 4 January 7, 2026 AFFIDAVIT OF P UBL ICA TION STATE OF WASHINGTON COUNTY OF GRANT I, Blaze Griffith -Steele, do solemnly swear that I am the Principle Agent of the Columbia ' p g mbla Basin Herald, a newspaper established and regularly published five days a week in the English y g language, in and of general circulation continuously for more than sixprior the 3 (6) months p 1st day of March, 1944; that said newspaper is printed in an office maintained at its lace of publication ' p p lication in the City of Moses Lake, Washington; that said newspaper was approved and designated � "a, PP g a� a 1eg�.j newspaper by the order of the Superior Court of the State of Washington for Grant County ty on the 31 st day of March, 1944; and that said order has not been revoked and is in full force and effect. That the annexed is a true copy of Legal Notice # 01044/44978 Unified Development Code Amendment - Grant County Planning File P 25-0196 as it was published in regular is p g sues (and not in supplement form) of said newspaper once each DAY fora period of 1 consecutive lve DAY commencing on the 16TH of JANUARY 2026 and ending on the 16TH of JANUARY 20 26 both dates inclusive and that such newspaper was regularly distributed to its subscribers du ring all of said period, that the full amount of fee charge for the foregoingpublication is the sum o p f $44.58 . laze ri -Steele A Subscribed and sworn to before me this 16TH DAY OF JANUARY2026, LMBob tc ar son Notary Public :. State of Washington y Appointment Expires 1114029 Commission Number 21034179 rotB Rey ary Public in and for the State of Washington Residing in Moses Lake, Washington GRANT COUNTY BOARD OF COUNTY COMMISSIONERS EMAIL To: Legals Columbia Basin Herald Fax: (509) 765-8659 Phone: (509) 765-4561 Re: Public Hearing Notice ❑ Urgent ❑ For Review ❑ Please Comment From: Jim Anderson -Cook Development Services Director Pages: 1 (including coversheet) Phone: (509) 754-2011, ext. 2522 Date: January 81 2426 p Please Reply ❑Confidential Grant Count Development Services n January 16, 2026, and bill y al six - Please publish the following o �' the ad in 9 pt font and your norm Affidavit of Publication. Please place above. We also require an Aff tact me at the number listed at columnar, as shown. Feel free to con column format, vOTICE IS HEREBY GIVEN ['HAT AN OPEN RECORD 'UBLIC MEETING WILL BE IELD February 3, 2026, at 12:00 '.m. in the Grant County 'ommissioners Hearing Room, ourthouse, Ephrata, WA to consider to following Unified Development ode Amendment applications: File #P 25-0196 Unified Development Code (UDC) Amendment from Grant County. The applicant proposes an amendment to Chapter 25.24 of the Grant County Unified Development Code to adopt rules establishing a Countywide NOTICE IS HEREBY EN THAT AN OPEN RE. process for certifying and CORD PUBLICEN MEETING regulating shrubsteppe WILL BE HELD February mitigation banks. At their 3, 2026, at 12:00p.m, in regularly scheduled public the Grant County Com- hearing on January 7, 20269 missioners Hearing the Grant County Planning ,Room, "Courthouse, Ephra Commission conducted an open ta, WA to consider the following Unified Devel- record public hearing to consider file P 26-0196. The opment Code Amendment Planning Commission applications: • File P 25- 0196 Unified Development recommended approval of the proposed UDC Code (UDC) Amendment o ,from ..::from Grant County. The y amendment. Proposes an JAny interested persons may appear amendment to Chapter ticipate in the hearing 25.24 of the Grant County please call in to the hear- egarding these matters. Unified Development Code ing at 1 (253) 205-0468 and to adopt rules establishing enter Grant County is Providing access to this the meeting I.D (940 a Countywide process for 4827 7440), meeting ass - g p chedreled heating via Zoom. To articipate in the hear ngplease certifying and regulating word (26229323). You will shrubste e pp mitigation be joined to the meeting in call in to the hearing at 1(253) 205-0468 and enter the meetingID (940 4827 banks.. At their regularly a muted scheduled public hearin a as tim status until such the hearing allows 7440), meetin password (26229323). You will bejoined on January 7, 2026, the for Grant County plan_ O public testimony. If you have �o the meeting in a fnzcted'statccs until znl Duch time as the hearing allows any questions Wing Commission conduct- about this procedure, ed an open record public forpublic estimon � I o .� fy u have any questions please call the Commis. hearing to consider file sioner's Office in advance P 26-0196. rbout thisprocedure, please call the ommissioner's Office in advance of the The • Planning of the hearing. Barbara Commission recommend- J. Vasquez, CMC Admin. �earin g ed approval of the pro- istrative Assistant & posedUDC amendment. Clerk of the Boar d Grant ,arbara J. Vasquez, CMC ,dministrative Assistant Any interested persons CountyCO may appear regarding Commissioners these & Clerk of te Board Grant County matters. Gra#0104 Count is 4/44978 y providing ac- Pub: January 16, 2026 ommissioners. cess to this scheduled hearing via Zoom. To par.