Commissioners reverse fill ban
John Henderer 3/26/97
The ChronicleTOLEDO - Nearly as suddenly as it thundered into Lewis County, a ban on filling in the 100-year floodplain evaporated Tuesday.
The county Board of Commissioners voted unanimously evening to lift the ban it had enacted Monday, after commissioners learned Monday's swift action ran afoul of public hearing procedures.
Commissioner Russ Wigley, who initiated the ban, apologized for the confusion at the end of a regularly scheduled public hearing in Toledo on a proposed flood control zone.
"I wish to extend my apologies to any inconvenience that this may have had to anyone in Lewis County," Wigley said, initiating a motion to undo the ban.
Fill consists of dirt or rock placed on a development site usually to raise buildings above the floodplain. Some citizens have complained that filling raises floodwaters and worsens damages for neighbors.
Wigley said Monday's action made the county a legal target by opening itself to lawsuits from developers. Officials said no complaints were lodged, but they reversed course to protect the county.
County Prosecutor Jeremy Randolph explained that Monday's action violated legal procedures to change an ordinance. Randolph normally attends commission meetings, but he missed Monday's because he was working to prosecute a suspect in Saturday's fatal freeway shooting in Centralia.
Moreover, Randolph explained that Wigley, a political freshman, is not familiar with all the "goofy" legal requirements to change a county ordinance.
The commission must publicly announce its intent to change ordinances and schedule a public hearing to allow citizens to air any concerns.
That did not happen Monday.
Chehalis-area resident Tammy Baker had spoke to commissioners for 15 minutes Monday, complaining of double standards regarding enforcement of the county's Flood Damage Prevention Ordinance. Baker accused neighboring property owner Betty Hamilton of diverting sewage outfall and stormwater onto Baker's mother's property near Rush Road and Exit 72. She did not blame developer Jerry Chambers for the stormwater problem, as was reported earlier.
Moments after Baker's testimony, Wigley initiated a ban on fill permits.
Commissioners Richard Graham and Glenn Aldrich, who voted Sept. 11, 1995, to approve the ordinance, voted Monday with Wigley to approve the ban and Tuesday to undo it.
Property owners in Lewis County must obtain a "Floodplain Development Permit" to build in the 100-year floodplain. Building is allowed in the floodplain because federal officials have calculated that filling there would not raise floodwaters more than a foot.
Last year, the county granted 59 permits to place fill in the floodplain, an increase from the seven-year average of 33.
Some citizens Tuesday questioned the need for a public hearing because commissioners acted Monday before the public, during a regular commission meeting.
"That was a public meeting, not a public hearing," Randolph said, explaining that the general public had no way of knowing ahead of time that a county ordinance would be affected.
A public hearing requires the county to advertise the proposed action through a local newspaper.
"So are you announcing a hearing?" asked Doty resident Phil McBride.
"Not at this time," said Commissioner Glenn Aldrich.
In an interview afterward, Wigley said he is not planning to initiate a public hearing to ban filling any time soon.
"I'd kind of like a little time to think about it," he said.