30E - MILITARY INFLUENCE AREA OVERLAY MIAO DISTRICT
1.
Assist Joint Base Lewis-McChord (JBLM) in the preservation of the operational capability of base operations, while promoting the public health, safety, and general welfare.
2.
Promote compatibility between military operations at JBLM and the use and development of private property within military influence areas by ensuring that Thurston County and JBLM officials coordinate on land use activities within unincorporated Thurston County impacting or impacted by military operations and training activities.
3.
Provide reasonable protection against incompatible land uses in the vicinity of JBLM.
4.
These purposes are achieved by the adoption of reasonable regulations within the overlay district, to the extent that the added restrictions are limited to the following:
a.
The height of man-made structures and objects of natural growth;
b.
Incompatible uses of land; and
c.
Incompatible development activities.
5.
These regulations are in accordance with the objectives of the JBLM Joint Land Use Study, the 2019 JBLM Lighting Study Report, and the laws of the State of Washington.
6.
Figure 1 provides a location map of JBLM.
Figure 1. JBLM Location Map.
(Ord. No. 16575, § 2(Att. A.XXIX), 12-16-2025)
1.
Nothing herein shall require a change or alteration to land uses or structures existing on the effective date of this chapter.
2.
This chapter shall apply to a new land use established within unincorporated Thurston County after the effective date of the ordinance from which this chapter is derived, [December 16, 2025], or the reestablishment of a land use after its discontinuance, except that:
a.
Section 20.30E.070 (imaginary surfaces compatible use standards) applies only to new buildings or structures of at least four thousand square feet.
3.
This chapter shall apply only to that portion of a parcel located within the military influence area overlay.
4.
Parcels located in a military influence area overlay are subject to the requirements of this chapter and are subject to the underlying zoning regulations, as well as all other applicable regulations of Thurston County.
5.
In addition to the standards set forth in this chapter, all uses and structures must comply with all other applicable local, state, and federal regulations, including Title 14, Part 77 CFR [Code of Federal Regulations].
(Ord. No. 16575, § 2(Att. A.XXIX), 12-16-2025)
1.
The community planning and economic development department is responsible for implementing the provisions of this chapter. The department and JBLM will designate and maintain the following positions:
a.
Thurston County Coordinating Official.
b.
JBLM Coordinating Official.
(Ord. No. 16575, § 2(Att. A.XXIX), 12-16-2025)
1.
The area within which Thurston County will coordinate with the JBLM Coordinating Official prior to approval of zoning code and comprehensive plan amendments is described in subsection 20.30E.040(3) and is referred to as the "Military Influence Area Overlay (MIAO)."
2.
The military influence area overlay is designated on the official zoning map for Thurston County, Washington.
3.
Boundary of the Military Influence Area Overlay.
a.
The boundary of the military influence area overlay is a contour representing the outermost extent of the military notification and coordination boundary, all the imaginary surfaces for Gray Army Airfield and McChord Field and those lands designated as "military-critical" and "military-important" in the JBLM Lighting Study Report. The military influence area overlay includes all or portions of other applicable military influence areas located in Thurston County.
b.
"Military-critical" areas include the following:
i.
Military Training Routes associated with VR331 and IR 460/461;
ii.
Special use airspace designated Rainier Military Operations Area and R-6703;
iii.
Helicopter routes to the Shaw-Martin Drop Zone; and
iv.
The Gray Army Airfield and McChord Field Clear Zone Imaginary Surfaces, where they extend off-base.
c.
"Military-important" areas include the following:
i.
All lands within two miles of JBLM base boundaries; and
ii.
The Gray Army Airfield and McChord Field Approach/Departure (glide slope) imaginary surfaces, where they extend off-base and/or beyond the 2-mile contour.
d.
The military influence area overlay is depicted on the map in Figure 2.
Figure 2. Thurston County Military Influence Area Overlay
4.
Coordination Between Thurston County and JBLM.
a.
The requirements of this section are intended to be consistent with RCW 36.70A.530, which prohibits development that is incompatible with military installation missions, and to provide for land use coordination generally between Thurston County and JBLM.
b.
The Thurston County Coordinating Official will notify the JBLM Coordinating Official via electronic mail of all proposed zoning code and comprehensive plan amendments, as set out in paragraph (e) below, for lands located in the military influence area overlay.
c.
Thurston County Coordinating Official responsibilities include:
i.
The Thurston County Coordinating Official will provide notice to the JBLM Coordinating Official at least thirty days prior to any hearing, action, or final decision by Thurston County to consider the proposal, unless a waiver has been granted by the Thurston County board of commissioners to reduce the noticing requirements.
ii.
The notice will include the type of permit or application, specific property location and/or parcel number if applicable, a general description of the proposed action, and a request of the JBLM base commander for written recommendations and supporting facts relating to the proposed zoning code or comprehensive plan amendment.
iii.
The notice will also include the date on which Thurston County will hold a hearing and anticipated timeframe for a final action on the proposed zoning code or comprehensive plan amendment.
iv.
The notice will provide sixty days for a response from the base commander via the JBLM Coordinating Official.
d.
JBLM Coordinating Official responsibilities include:
i.
The JBLM Coordinating Official will confirm via email receipt of the notice.
ii.
Coordination with the JBLM base commander, as provided by RCW 36.70A.530, to determine whether the proposed zoning code or comprehensive plan amendment, if approved, will create an adverse effect on JBLM operations.
iii.
Notifying the Thurston County Coordinating Official within sixty days of receipt of notice if the base commander has determined the proposed zoning code or comprehensive plan amendment will have adverse effects on JBLM operations.
iv.
Failure of the JBLM Coordinating Official to provide a written response to the Thurston County Coordinating Official within sixty days of the JBLM Coordinating Official's receipt of the Thurston County Coordinating Official's initial notification, shall be deemed an indication that the proposed zoning code or comprehensive plan amendment does not create an airport obstruction or interference with JBLM operations or otherwise have adverse effects on JBLM operations.
e.
Zoning code and comprehensive plan amendments include the following:
i.
A proposed amendment to the comprehensive plan;
ii.
A proposed change in zoning map classification; and
iii.
A proposed change to the development regulations or graphics in the zoning code.
f.
The Thurston County Coordinating Official will meet on a regular basis with the JBLM Coordinating Official in order to remain abreast of any changes in mission or training operations that could have off-post impacts on Thurston County, its residents, or businesses. In the event that a change in mission or training operations necessitates amendments to this chapter, the department will prepare an amended ordinance for consideration by the county commissioners.
(Ord. No. 16575, § 2(Att. A.XXIX), 12-16-2025)
1.
No non-residential development shall be approved within the military influence area overlay that produces light emissions that would interfere with pilot vision and training at Joint Base Lewis-McChord. Light emissions will be reviewed with the corresponding land use or building permit. This is achieved through the following limitations on exterior lighting:
a.
Used in conjunction with street, parking, signs, or use of land and structures shall be arranged and operated in such manner that it is not misleading or dangerous to aircraft operating from JBLM;
b.
Except for lighting provided in association with residential development, exterior lighting must be fully shielded so that all light emitted by the fixture projects below the horizontal direction and contain shielding permanently affixed to the fixture.
(Ord. No. 16575, § 2(Att. A.XXIX), 12-16-2025)
1.
The final building permit, zoning permit, site plan, or plat of any subdivision, short subdivision or large lot subdivision, which is on or within the military influence area overlay shown in Figure 2, shall contain a notice in accordance with paragraph (2), below.
2.
The approval documentation associated with the types of applications identified in paragraph (1) shall include a notification statement that states:
a.
The property and its subsequent occupants could experience military training impacts, including impacts related to noise, vibration, odors, flight safety hazards, and other impacts related to operations associated with JBLM. The property may be subject to additional development regulations or limitations due to the property's proximity to the installation. Information related to such regulations or limitations is available in the Thurston County Community Planning and Economic Development.
(Ord. No. 16575, § 2(Att. A.XXIX), 12-16-2025)
1.
Certain properties within Thurston County are located within the JBLM Imaginary Surfaces as indicated in Figure 3.
a.
Section 20.30E.070 (imaginary surfaces compatible use standards) applies only to new buildings or structures of at least four thousand square feet square feet.
Figure 3. JBLM Imaginary Surfaces Located Over Unincorporated Thurston County
2.
Applications for proposed development within the imaginary surfaces shall be transmitted to the JBLM Coordinating Official with a request for a determination of whether the proposed development constitutes a prohibited use according to paragraph (3), below. If the JBLM Coordinating Official does not provide a determination or request additional review time within ten business days of receipt of the application, the proposed development is considered to comply with the imaginary surfaces criteria in (3).
3.
The following uses and structures are prohibited within the imaginary surfaces, upon a timely determination by the JBLM Coordinating Official that one or more of the following conditions is met:
a.
The proposed development protrudes above the planes or surfaces as contained in Title 14, Part 77 CFR [Code of Federal Regulations].
b.
The proposed development includes one or more of the following uses or the use interferes with pilot vision, communication, radar, or otherwise interferes with the safe and effective operation of JBLM aircraft:
i.
Sanitary landfills;
ii.
Feeding stations;
iii.
Sand and gravel dredging operations;
iv.
Storm water retention ponds;
v.
Renewable energy facilities, including solar PV energy systems;
vi.
Created wetlands; or
vii.
The growing of vegetation determined to be a wildlife attractant.
c.
Structures are proposed within ten feet of approach/departure or transitional surfaces;
d.
Proposed development produces steam, dust, smoke, light emissions, glare, or other visual impairments, has explosive characteristics, or otherwise interferes with pilot vision or the operation of JBLM aircraft; and
e.
Proposed development produces electrical emissions that interfere with navigation equipment or radio communication between aircraft, JBLM, or other air traffic control facility.
4.
After due consideration of a determination provided by the JBLM Coordinating Official, the county will deny any proposed development JBLM determines does not comply with the criteria in subparagraph (3), except in the event the county determines that to deny the application would create a legal liability for the county.
5.
Further, no condition shall be maintained that attracts wildlife into a Department of Defense Airport Imaginary Surface, pursuant to 14 C.F.R. 77.21, and that the JBLM Coordinating Official determines may create a hazard to military operations.
(Ord. No. 16575, § 2(Att. A.XXIX), 12-16-2025)
Nothing herein is intended to, and should not be interpreted to, authorize or require approval by Joint Base Lewis-McChord.
(Ord. No. 16575, § 2(Att. A.XXIX), 12-16-2025)
If any section, subsection, or clause of this chapter shall be deemed unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses, shall not be affected thereby.
(Ord. No. 16575, § 2(Att. A.XXIX), 12-16-2025)