In an editorial the Chronicle's editorial board supports the court's decision.
By John Henderer, The Chronicle,7/16/98
The Washington Court of Appeals has upheld Lewis County's 1995 decision to allow filling in a floodplain area to build a Chevron gasoline station
The court rejected an appeal from Chehalis-area residents Tammy Baker and Virginia Breen, who contended the county violated its floodplain development ordinance, state and federal regulations
''We find no error,'' wrote Judge David Armstrong in a 10-page, July 10 opinion affirmed by judges Dean Morgan and Karen Seinfeld
Baker first appealed to the county commissioners, and then to superior court
Baker expressed surprise at the ruling. She said she would have to speak to her attorney before deciding whether to appeal to the Washington Supreme Court
Tri-Mountain Resources Inc. received a county permit to place 50,000 cubic yards of fill dirt on 12 acres of floodplain at the Rush Road exit south of Chehalis. The developers built a Chevron gas station on the elevated property
Baker contended the county failed to consider factors within its ordinance, but the court ruled otherwise
''This ordinance does not prevent development in designated flood hazard areas,'' county Building Official Dennis Sabin testified at an appeal hearing. ''It only requires that the county view it and take into consideration certain items. I have done that.''
County commissioners ruled the development would cause ''little if any'' rise in flood elevations
Under regulations of the Federal Emergency Management Agency, the county was required to ''take into account'' flooding hazards
Experts for Baker and the county disagreed over the effects and hazards, but the court ruled this was not necessarily important
FEMA rules don't require the commissioners to ''place any particular weight'' on the hazards information
''At most there was a conflict in the evidence as to the reliability of the FEMA (floodway map),'' the court ruled. ''The board accepted the map and the explanation of Tri-Mountain's expert.''
Baker also contended the county should have required a shoreline development permit because the property is a floodway. Her expert testified it is a floodway because, she believes, the land flooded three times in five years - meeting a definition of the term ''reasonable regularity.''
That didn't convince the commissioners nor the court
The court also ruled Baker must pay the county's ''reasonable'' attorney's fees
The county has not submitted a fee request, waiting to see whether Baker will appeal, said Doug Jensen, county chief civil prosecuting attorney
John Henderer covers county government and environmental issues for The Chronicle. He can be reached by e-mail at jhenderer@chronline.com or by calling 807-8239
OUR VIEWS EDITORIAL, The Chronicle, 7/17/98
Chalk up a victory for developers who want to locate in the lowlands along the Interstate 5 corridor in Lewis County and the state court of appeals, which didn't read anything into the county's floodplain development ordinance.
Like it or not that ordinance doesn't prohibit development in designated flood hazard areas, as noted by county building official Dennis Sabin.
The appeals court on July 10 upheld the county commissions decision in 1995 to allow filling in a Newaukum River floodplain area on the west side of Interstate 5 at the Rush Road exit south of Chehalis. That decision was appealed by Chehalis-area residents Tammy Baker and Virginia Breen on the basis it violated the county ordinance. They earlier lost appeals to the county commission and to superior court.
The disputed fill was on 12 acres used for construction of a Chevron service station.
In allowing the fill, the county contended it would cause "little if any" rise in flood elevations in the area. And the county, in accordance with its floodplain development ordinance requirements, gave due consideration to the effects the proposed development would have on flooding.
In other words, the county abided by its ordinance, the appeals court determined.
Opponents of more filling in the floodplains and floodways in the Twin Cities area might have more successor by staying out of court and focusing on having the floodplain ordinance altered to achieve their goals. In reality, though, it may well be that prudent additional development along Interstate 5 in the Chehalis and Newaukum valleys can be made compatible with the flood control efforts now under way by the county.
Perhaps we can have both filling and flood control. And in doing so better attract business and industrial firms that can provide the family wage jobs that are so needed in this county.
Developers win victory from court
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