Chehalis City Zoning Code

The times at which the environmental review will be initiated will be determined by the applicant on a case-by-case basis (WAC 197-11-055(2)(b));

Receipt by the city of a completed checklist, whether or not part of an application, shall require the city to initiate the applicable SEPA process;

A threshold determination or DEIS should accompany any staff recommendation for any nonexempt action which requires a quasi-judicial decision, i.e., conditional use permit application;

A final threshold determination or FEIS should accompany any planning commission recommendation for any nonexempt comprehensive plan amendment or revision; and

The responsible official will determine when a checklist is complete after consulting with the DRC. Such determination of completeness will occur at a regular DRC meeting. If a checklist is incomplete, a notice of incomplete application will be used to solicit additional specific information sufficient to allow a proper review.

Proposals shall be described in sufficient detail so as to provide an ability to measure any impact of the proposal. Alternatives to the described proposal should be presented in the checklist and/or application. Quantitative aspects of the proposal must be identified, e.g., building size, number of parking spaces, cubic yards of fill, flow rate of storm water system, etc. Qualitative aspects of the proposal should be identified in the checklist. Whether or not identified, such aspects will be subject to such conditions as are determined appropriate by the city;

Nothing in this chapter shall limit the reasonable alternatives to a proposal, or any mitigating conditions identified by the city; and

The responsible official is authorized to allow or require a phased review pursuant to WAC 197-11-060.

Nonsignificant impacts which may occur as a result of studies or the development of site-specific information for the purpose of the SEPA process, and not the implementation of the proposal, will not require separate SEPA review. Appropriate mitigation measures shall be implemented to minimize or eliminate any such impact.

The application number or other identifying procedure or process number;

The location of the proposal is sufficient to identify geographically the locale and vicinity;

The specific nature of the objection and discussion of alternative to the original decision; and

Attachment of, or reference to, any published documents or studies substantiating the objection and/or supporting the alternative.

Threshold determinations should be made within 15 days from the city’s receipt of a complete application and/or checklist. If the responsible official determines that another agency with jurisdiction should be consulted prior to making a threshold determination, the nature of such consultation should be made a matter of record at the earliest DRC meeting. The responsible official should make the threshold determination within 15 days from the receipt of the information requested from an agency, but in no case more than 30 days from the date of a completed application and/or checklist.

If the applicant proposes or agrees in the application that an EIS is required, the responsible official should make a threshold determination within five days of the date of a completed application and/or checklist.

Certain categorical exemptions are modified as set forth in CMC § 17.15.110;

The city will not document that a proposal is categorically exempt. Such a decision will be annotated in the computerized application file for a development permit and such information is available to the public on request;

A threshold decision should be made within 15 days of the city’s receipt of a completed checklist and/or completed application;

A request for early notice will not be valid and need not be responded to if the application or checklist is not complete;

The applicant shall be responsible for the preparation and content of a checklist, EIS, and application. Nothing in this chapter shall require any obligation or responsibility of the city to assist in the preparation of any application or environmental document for private proposals;

If a proposal requires a 14-day comment period under WAC 197-11-340, the responsible official shall, at the conclusion of the comment period, either:

If new information is obtained during the comment period which was not available prior to the threshold determination process, the responsible official is authorized to attach additional conditions to the final threshold determination to mitigate any identified probable impacts, whether or not significant or adverse;

All nonexempt proposals shall be presented for discussion at a DRC meeting. Such meeting shall be an opportunity for all affected city departments to convey conditions relating to other department operations to the responsible official. The responsible official shall consider all conditions presented at any DRC meeting in making a threshold determination;

The responsible official is authorized to attach any reasonable development condition to any threshold determination consistent with WAC 197-11-330. Such conditions should result from a discussion of the proposal at a DRC meeting; and

All DRC meetings relating to the SEPA process shall be open to the public. Whenever the SEPA process provides for a comment period, all comments received by the responsible official shall be reviewed by the DRC and made a matter of record, whether written or oral. Written comments must be directed to the responsible official; oral comments must be presented on the record at a DRC meeting.

The city shall not authorize any nonexempt actions; any action that would have a significant adverse environmental impact; or any action that would limit the choice of reasonable alternatives;

The city shall withhold approval of any exempt action that includes modification of the physical environment if such modification would serve no purpose if nonexempt actions were not approved;

The city may withhold approval of any exempt action that involves the potential for significant financial expenditures by the applicant if such expenditures would serve no purpose if nonexempt actions were not approved.

The application indicates that an EIS will be prepared as part of the application process;

SEPA compliance has been accomplished prior to the submission of the application, and a copy of the document verifying such compliance is attached to the application; and

The application identifies and states that an agency other than the city is lead agency for SEPA compliance.

Be an integral part of, or attachment to, an application and/or checklist for a nonexempt proposal for which the city is lead agency; and

Precede the city’s first threshold determination on any aspect of the proposal.

Be written on a standard form used for this purpose;

State whether the city currently considers issuance of a DS likely, and, if so, state the specific areas of concern, including lack of appropriate information, that cause such a consideration; and

State that if a DS is likely, the applicant may withdraw the application and/or checklist within 10 days from the date of the city’s response, modify or revise the proposal, application and/or checklist to mitigate the areas of concern, and resubmit the application and/or checklist.

If a public notice is required by some other statute or chapter for any nonexempt action, such notice shall state that a DNS has been issued and, if a comment period is required, when comments are due.

If a public notice is not required for any nonexempt action, the city shall:

Such notice for a DNS shall be in substantially the form identified in WAC 197-11-970. Copies of any DNS will be available at the office of the responsible official for public review during regular business hours.

In addition to the notice requirements identified in subsection (B) of this section, a DS shall state the scoping procedure for the proposal consistent with WAC 197-11-408.

Such notice for a DS shall be in substantially the form identified in WAC 197-11-980.

Testimony of all participants under oath;

A taped transcript in standard cassette format; and

Written findings, conclusions, and a decision on appeal.

A heading in the words “before the hearing examiner of the city”;

A caption reading “appeal of...” (giving the names of all appellants participating in the appeal);

A statement setting forth the legal interest of each of the appellants in the proposal, if any;

A statement in ordinary and concise language as to what is being appealed, including reference to CMC or WAC sections being cited as the basis for the appeal;

A brief statement describing wherein the city’s actions or determinations are not consistent with the regulations cited;

Attachment of copies of the applicable pages of any documents referenced in any appeal statement, including the CMC;

A brief statement describing with reasonable specificity what relief is being sought by the appellants;

A clear and concise description, including quantifying terms and/or measurements, of what significant adverse environmental impact would occur as a result of the proposal, an explanation of why statutory, chapter and/or mitigating conditions would not preclude such impact, and the documentation, evidence, proof, etc., demonstrating that such impact is not speculative and would probably occur;

The signatures of all parties named as appellants and their official mailing addresses; and

A declaration under penalty of perjury that the statements contained in the appeal document are true and correct and signed by at least one of the appellants.

Protecting the public from personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence;

Protecting against publicly financed expenditures to address improper use or improper management of critical areas;

Preventing degradation of the natural environment;

Protecting unique, fragile, and valuable elements of the environment;

Including the best available science in developing policies and development regulations to protect the functions and values of critical areas;

Giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries;

Alerting property owners, potential buyers or lessees, appraisers, assessors, and others to the existence of and the development limitations of critical areas;

Providing city officials with sufficient information to adequately protect critical areas when approving, conditioning or denying public or private development proposals;

Meeting the requirements of the National Flood Insurance Program and maintaining Chehalis as an eligible community for federal flood insurance benefits.

Chapter 17.22 CMC, Frequently Flooded Areas – Flood Hazard Zone (FHZ);

Chapter 17.23 CMC, Wetlands;

Chapter 17.24 CMC, Geologically Hazardous Areas;

Chapter 17.25 CMC, Fish and Wildlife Habitat Conservation Areas; and

Chapter 17.26 CMC, Critical Aquifer Recharge Areas (CARA).

Emergency actions that create an impact on a critical area or its buffer shall be limited to those actions that are required to address the emergency and generally are limited to the actions necessary to remove the immediate threat. Additional actions to permanently address a deficiency generally do not qualify as emergency actions and require full compliance with the procedural requirements of this chapter. Emergency actions also must be carried out in a manner that has the least feasible impact on the critical area or its buffer.

The person or agency undertaking emergency action shall notify the director within one working day following commencement of the emergency activity. Within 14 days, the director shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then the enforcement provisions of CMC § 17.21.090 shall apply.

After the emergency, the person or agency undertaking the action shall submit a critical area report to assess effects on critical areas and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan. The person or agency undertaking the action shall apply for all approvals required by this chapter. Restoration and/or mitigation activities must be initiated within 60 days of the date of the emergency, unless an extension is approved by the director, and completed in a timely manner.

Prior to undertaking such actions, the applicant shall submit a written description of the maintenance activity to the director with all of the following general information:

Increasing buffer widths equal to the width of the right-of-way improvement, including disturbed areas; and

Retention and replanting of native vegetation along the right-of-way and resulting disturbance.

There is no practical alternative to the proposed activity with less impact on sensitive areas;

The activity involves the placement of a small utility facility (e.g., pole, street signs, anchor, or vault or other small component of a utility facility); and

The activity involves disturbance of less than 75 square feet of the sensitive area and/or buffer.

The trail surface shall not exceed five feet in width;

The trail surface shall consist of gravel or pervious materials, including boardwalks;

The trail shall meet all other city requirements including water quality standards;

Sensitive area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and

Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report.

The removal of the noxious weed species designated by Washington State or the local weed control authority, and the following species, when weed control efforts employ hand labor and light equipment, use only Department of Ecology approved herbicides and adjuvants, avoid use of hazardous substances, and do not result in compaction:

Measures to halt the spread of disease or damaging insects consistent with the state Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in-kind or with similar native species within one year in accordance with an approved restoration plan.

The application of herbicides, pesticides, fertilizers, or other hazardous substances, as approved by the city. Provided, their use should be restricted in accordance with state Department of Fish and Wildlife management recommendations and the regulations of the state Department of Agriculture and the U.S. Environmental Protection Agency.

Wildfire hazard reduction. Property owners with legally established existing structures may request fire protection measures which are recommended through an adopted wildfire protection plan or from the Washington Department of Natural Resources, Lewis County, or other similar group/agency. These provisions are intended to support fire suppression protection and shall not be used for the development of trails or yard areas. A critical area report may be required. The director shall review the proposal based on:

The applicant submits a report from a certified arborist or professional forester that documents the hazard; provided, that the director may waive this requirement for any trees that are clearly dead or dying, and provides a replanting schedule for the replacement trees;

Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags;

If native vegetation is cut or removed from a sensitive area or buffer, it shall be left within the sensitive area or buffer where practicable unless removal is warranted due to safety considerations, the presence of an established disease infestation or other hazard, or because of access or maintenance needs if the area is a utility or access right-of-way;

The landowner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees shall be species that are native and indigenous to the site and a minimum of one inch in diameter at breast height (dbh) for deciduous trees and a minimum of three feet in height for evergreen trees as measured from the top of the root ball; provided, that the director may allow smaller replacement trees with a higher replacement ratio;

Hazard trees that constitute an emergency may be removed or pruned by the landowner prior to receiving written approval from the city; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this chapter; and

The removal of the hazard tree avoids and minimizes damage to remaining trees and vegetation.

There is no other practical alternative to the proposed development with less impact on the critical areas.

The application of the critical area regulations would unreasonably restrict the ability to provide utility services to the public.

The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site.

The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science.

The proposal is consistent with other applicable regulations and standards.

When a development site is known to be within, adjacent to, or likely to affect one or more critical areas, the applicant shall provide a site evaluation, wetland delineation, or other documentation to support the director’s determination with the project application.

When information is not provided with the application to make a determination, the director will review the publicly available data referenced in CMC § 17.21.040 or other credible information to determine if a site proposed for development or alteration is likely within, adjacent to, or likely to affect one or more critical areas. If a critical area is likely present, the director shall require the applicant to provide a site evaluation prepared by a qualified professional to determine whether or not the species or habitat is present and, if so, its relative location in relation to the proposed project area or site.

When sufficient information is not available to determine whether a critical area exists on a site based on critical area maps, development project files, or publicly available data referenced in CMC § 17.21.040, or the applicant challenges the decision of the director that a critical area exists on the site, a field investigation or site assessment by a qualified professional may be necessary to confirm the existence, location, and classification of a critical area. The cost of a field investigation or site assessment is the responsibility of the applicant.

A site map or set of maps of the project area, including:

A written report, including:

The director may waive selected components of the report or accept an alternative form of the required information if the director determines that sufficient detail will be provided to determine whether all applicable criteria and standards have been met. The director may consult with resource agencies prior to making a decision.

There is no portion of the site under contiguous ownership not subject to critical area regulations where the provisions of this chapter allow reasonable economic use, including agricultural use, forestry use or continuation of legal nonconforming uses;

There is no feasible on-site alternative to the proposed use or activities that will provide reasonable economic use, including location on any contiguous parcel that has been under the ownership or control of the applicant since the effective date of the ordinance codified in this chapter; other allowed uses; continuation of legal nonconforming uses; reduction in size, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to critical areas and associated buffers;

The inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and/or creating the condition of lack of use after the effective date of the ordinance codified in this chapter;

All reasonable methods to avoid or reduce adverse effects on critical area functions and values have been employed, including locating activities as far as possible from critical areas and design that will result in the minimum alteration of critical areas and associated buffers, existing topography, vegetation, fish and wildlife resources, hydrological conditions, and geologic conditions. Where both critical areas and buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical area;

The project includes compensatory mitigation for unavoidable impacts to critical area and buffers in accordance with the mitigation requirements of this chapter;

The proposed activities will not result in adverse effects on endangered or threatened species as listed by the federal government or the state of Washington, or be inconsistent with an adopted recovery plan;

The proposed activities will not result in damage to nearby public or private property and no threat to the health or safety of people on or off the site;

The proposed activities will not lead to degradation of groundwater or surface water quality and will comply with all state, local and federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal.

State the presence of the critical area and/or buffer area on the property and identify that there are limitations and restrictions on uses and actions in or affecting the critical area and/or buffer imposed by this code and by the provisions of the critical areas code and specific conditions of approval. The notice shall indicate that the restrictions run with the land and may be altered only in conjunction with amendment of this chapter or amendment of specific conditions of approval as provided by this chapter.

Provide that management of the critical area is required to include, but is not limited to, maintenance or replacement of vegetation to ensure the long-term viability of a community of native vegetation, control of invasive plant control, and fulfillment of other conditions of approval.

Provide for the right of the public, and specifically the city of Chehalis, to enforce the terms of the restrictions through civil infraction or other legal address.

If a site plan has been approved indicating the extent of the critical area and buffer and permit conditions, a copy of the site plan together with relevant survey information and permit conditions shall be included in the notice filed.

Designation of separate tracts for critical areas and buffers shall be the preferred method of designation and protection of critical areas in plats to provide for integrated management of the critical area and buffer separately from lots. The tract may be:

The director may allow a critical area and buffer to be placed within a protective easement on a parcel with the responsibility for meeting all requirements of preservation and management placed on the owner of the parcel over which the easement is placed. This means of designation shall be used in cases where the size and the ecological functions of the critical area do not require coordinated management or where formation of an incorporated homeowners’ association or other legal entity for management is found to be impractical because of the limited number of lots, or where ownership and management by the city, a qualified special district or a land trust is found to be impractical. This alternative generally will be limited to critical areas and buffers of less than 20,000 square feet and developments of fewer than 10 parcels, or commercial or multifamily development.

Landscaping, including rockeries not over 42 inches high, provided construction does not alter the buffer or critical area;

Uncovered decks, platforms, porches and similar projections not over 42 inches high;

Building eaves, cornices, chimneys and similar projections no greater than two feet into the building setback;

Impervious surfaces such as driveways, parking lots, roads, and patios; provided, that such surfaces conform to applicable water quality standards and that construction equipment does not enter the buffer or critical area;

Clearing and grading consisting of not over 42 inches of cut or fill.

Avoiding the impact altogether by not taking a certain action or parts of an action;

Minimizing impact by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impact;

Rectifying the impact by repairing, rehabilitating or restoring the critical areas;

Reducing or eliminating the impact over time by prevention and maintenance operations;

Compensating for the impact by replacing, enhancing or providing substitute areas and environments and replacing the ecological processes and functions of the resource;

Monitoring the impact and taking appropriate corrective measures.

Compensatory mitigation shall be provided on site or off site in a location that will provide the greatest ecological benefit and have the greatest likelihood of success. Off-site mitigation is preferred to be as close as possible to the impact area and within the same watershed sub-basin as the permitted alteration. Off-site mitigation sites preference shall be given to sites and restoration activities identified in an adopted shoreline restoration plan pursuant to Chapter 173-26 WAC, a watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a watershed restoration project pursuant to RCW 89.08.460, a salmonid recovery plan, the Salmon Recovery Funding Board habitat project list, or identified by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement pursuant to RCW 77.55.181.

All mitigation sites should be protected in perpetuity through a legally binding mechanism such as a recorded conservation easement, deed restriction, critical area tract, or similar protective instrument.

A description and evaluation of any critical areas that could be altered by the proposed development, including evaluation of ecological processes and functions based on best available science and detailed field assessment of the affected resources;

A description and scaled drawings of the proposed mitigation activities including, but not limited to, clearing, grading/excavation, drainage alterations, planting, invasive plant management, installation of habitat structures, irrigation, and other site treatments;

A description of the ecological functions and values that the proposed alteration may affect and of the specific ecological functions and values the proposed mitigation area(s) shall provide;

A description of required or recommended mitigation ratios and an assessment of factors that may affect the success of the mitigation program;

Specific measurable performance standards that the proposed mitigation action(s) shall achieve together with a description of how the mitigation action(s) will be evaluated and monitored to determine if the performance standards are being met;

A description of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates that project performance standards are not being met;

Cost estimates for the installation of the mitigation program, monitoring, and maintenance as well as for corrective action if mitigation performance standards are not met.

Performance Surety. The applicant shall post a cash performance bond, letter of credit, or other security acceptable to the city of Chehalis in the amount of 125 percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater. The surety shall be based on an itemized cost estimate of the mitigation activity including clearing and grading, plant materials, plant installation, irrigation, weed management, monitoring, and other costs. The conditions of the surety shall be consistent with the purposes of this chapter and the conditions to be fulfilled. In the event of a breach of any condition of any such bond, the city of Chehalis may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The city of Chehalis shall release the bond upon determining that:

Maintenance Surety. The city of Chehalis shall require the holder of a development permit issued pursuant to this chapter to post a cash performance bond, letter of credit, or other security acceptable to the city of Chehalis in an amount and with surety and conditions sufficient to guarantee that structures, improvements and mitigation required by the permit or by this chapter perform satisfactorily, generally for a period of five years after they have been completed. The city of Chehalis shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements and/or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process. The maintenance bond applicable to a compensation project shall not be released until the city of Chehalis determines that performance standards established for evaluating the effect and success of the project have been met. The director may return up to 50 percent of the surety following the first year of monitoring; provided, that the year-one performance standards are met and the risk of subsequent failure is considered low.

Depletion, failure, or collection of surety funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, or monitoring.

Public development proposals may be relieved from having to comply with the surety requirements of this section if public funds have been committed through a budget process with final approval for mitigation, maintenance, or monitoring.

Mitigation banks shall only be used when they provide significant ecological benefits including long-term conservation of critical areas, important species, habitats and/or habitat linkages, and when they are consistent with the city’s comprehensive plan and create a viable alternative to the piecemeal mitigation for individual project impacts to achieve ecosystem-based conservation goals.

Credits from a wetland mitigation bank certified under Chapter 173-700 WAC may be used to compensate for impacts located within the service area specified in the mitigation bank instrument if all the following are met:

Preference shall be given to mitigation banks that implement restoration actions that have been identified in an adopted shoreline restoration plan, watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a salmonid recovery plan or project that has been identified on the Salmon Recovery Funding Board habitat project list or by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement.

The director determines that it would provide appropriate compensation for the proposed impacts.

The proposed use of credits is consistent with the terms and conditions of the approved ILF program instrument.

Projects using ILF credits shall have debits associated with the proposed impacts calculated by the applicant’s qualified wetland professional using the credit assessment method specified in the approved instrument for the ILF program.

The impacts are located within the service area specified in the approved ILF instrument.

Nonconforming lots with an area of 2,000 square feet or more available for a building area unrestricted by critical areas or buffers shall comply with the standards of this chapter. The “building area” means the entire area that will be disturbed to construct a structure containing an allowed use and normal appurtenances, including parking and landscaping.

Nonconforming lots that do not meet the requirement of subsection (F)(1) of this section shall provide the maximum setback and buffer dimension feasible while providing for a building envelope of at least 2,000 square feet on the lot. The building area shall generally be located on the portion of the lot farthest from the required critical area or buffer and/or the least sensitive portion of the lot.

The area between the structure and the critical area shall be maintained or planted in native trees and understory vegetation.

The pre-violation structure, functions, and values of the affected critical area shall be restored, including water quality and habitat functions.

The prehistoric soil types and configuration shall be restored to the extent practicable.

The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration.

Information demonstrating compliance with other applicable provisions of this chapter shall be submitted to the director.

Where a structure is to be constructed or substantially improved, the elevation in relation to mean sea level, of the lowest floor (including basement), provided on a current FEMA elevation certificate; and

Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in CMC § 17.22.190, provided on a current FEMA floodproofing certificate; and

Where development is proposed in a floodway, an engineering analysis indicating no rise of the base flood elevation; and

Any other such information that may be reasonably required by the floodplain administrator in order to review the application; and

Description of the extent to which a watercourse will be altered or relocated as a result of proposed development.

The permit requirements of this chapter have been satisfied;

All necessary permits have been obtained from federal, state, and/or local governmental agencies from which prior approval is required;

The site is reasonably safe from flooding;

The proposed development is not located in the floodway. If located in the floodway, ensure the encroachment provisions of CMC § 17.22.220 are met;

Notify FEMA when annexations occur in the special flood hazard area.

Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administrator.

Ensure that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained.

The developer shall provide to the floodplain administrator the actual elevation of the lowest floor (including basement), in relation to mean sea level and certified by a licensed land surveyor, using a current FEMA elevation certificate; and

The developer shall provide to the floodplain administrator the actual elevation of floodproofing, in relation to mean sea level and certified by a licensed land surveyor, and the floodproofing construction certification, certified by a licensed professional engineer or architect, on a current FEMA floodproofing certificate.

The floodplain administrator shall maintain such floodproofing certifications.

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant;

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in CMC § 17.22.020, or conflict with existing local laws or ordinances;

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

For the repair, rehabilitation, or restoration of historic structures, upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; and

Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in Chapter 17.21 CMC in the definition of “functionally dependent use.”

The danger to life and property due to flooding or erosion damage;

The danger that materials may be swept onto other lands to the injury of others;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site;

The susceptibility of the proposed facility and its contents to flood or erosion damage and the effect of such damage on the individual owner;

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

The relationship of the proposed use to the comprehensive plan, growth management regulations, critical area regulations, the shoreline management program, and floodplain management program for that area;

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges;

The potential of the proposed development project to adversely affect federal, state or locally protected species or habitats;

The importance of the services provided by the proposed facility to the community;

The necessity of the facility to have a waterfront location, where applicable; and

The compatibility of the proposed use with existing and anticipated development.

The reconstruction, rehabilitation, or restoration of a historic structure, as defined in Chapter 17.21 CMC.

The floodplain administrator may grant variances to allow at-grade detached accessory structures, as defined in Chapter 17.21 CMC, that exceed the size limit requirement in CMC § 17.22.195 when the applicant can demonstrate an exceptional hardship if the variance were not to be granted.

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided;

The bottom of all openings shall be no higher than one foot above the lowest grade;

Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters, and do not become obstructed during a flood event;

A garage attached to a residential structure, constructed with the garage floor slab below the flood protection elevation, must be designed to allow for the automatic entry and exit of floodwaters; and

Engineered openings that provide a coverage area shall have an evaluation report from the International Code Council or be designed and certified by a licensed engineer or architect.

The interior grade of the crawlspace below the base flood elevation is no more than two feet below the lowest adjacent exterior grade;

The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall, does not exceed four feet at any point;

The crawlspace contains an adequate drainage system that removes floodwaters from the interior of the crawlspace, such as natural drainage through porous, well-drained soils, and/or constructed drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means;

Any building utility systems within the crawlspace are elevated to the flood protection elevation or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. In particular, all ductwork is elevated above the flood protection elevation or sealed from floodwaters;

The velocity of floodwaters at the site does not exceed five feet per second for any crawlspace; and

All other minimum criteria set forth in this section are satisfied.

The lowest floor, including basement, along with mechanical equipment and utilities, elevated to the flood protection elevation. The space below the lowest floor shall meet the same standards as described in CMC § 17.22.180(B) and (D); or

Be floodproofed so that below the flood protection elevation the structure is watertight with walls substantially impermeable to the passage of water; and:

Repairs, reconstruction, or improvements to a structure which:

Repairs, reconstruction, or improvement to an existing farmhouse pursuant to WAC 173-158-075 or substantially damaged residences pursuant to WAC 173-158-076.

Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to one foot above the depth number specified in the FIRM (at least two feet if no depth number is specified); or

Together with attendant utility and sanitary facilities, be completely floodproofed to or above the flood protection elevation so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect;

Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;

Determination of the wetland category and wetland buffers, including a description of methodologies;

Field identification and delineation of wetland boundaries. For on-site wetlands, the assessment shall include the dominant and subdominant plant species; soil type, color and texture; sources of hydrology (patterns of surface and subsurface water movement, precipitation, etc.), topography, and other pertinent information;

Identification of critical areas and buffers within 300 feet of the site and an estimate of the approximate acreage for each. The assessment of off-site wetlands shall be based on available information and shall not require accessing off-site properties;

A detailed description of the effects of the proposed development on wetland and buffer function and value, including the area of direct wetland disturbance; area of buffer reduction or averaging including documentation that functions and values will not be adversely affected by the reduction or averaging; effects of storm water management; proposed hydrologic alteration including changes to natural drainage or infiltration patterns; effects on fish and wildlife species and their habitats; clearing and grading impacts; temporary construction impacts; and effects of increased noise, light or human intrusion;

A mitigation plan, if applicable, prepared pursuant to CMC § 17.23.054.

The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind;

The dumping of, discharging of, or filling with any material;

The draining, flooding, or disturbing of the water level or water table;

Pile driving;

The placing of obstructions;

The construction, reconstruction, demolition, or expansion of any structure;

The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a wetland;

Class IV General Forest Practices under the authority of the 1992 Washington State Forest Practices Act rules and regulations, WAC 222-12-030, or as hereafter amended;

Activities that result in:

For wetlands that score six points or more for habitat function, the width of the buffer can be reduced if both of the following criteria are met:

For wetlands that score three to five habitat points, only application of the measures in the table below are required to reduce the buffer width to those required for moderate-impact land uses.

If an applicant chooses not to apply the measures in the table below or is unable to provide a protected corridor where available, then high-impact buffer widths must be applied.

Significant developments shall include built public infrastructure such as roads and railroads, and private developments such as homes or commercial structures. The director shall evaluate whether the interruption will affect the entirety of the buffer. Individual structures may not fully interrupt buffer function. In such cases, the allowable buffer exclusion should be limited in scope to just the portion of the buffer that is affected. Where questions exist regarding whether a development functionally disconnects the buffer, or the extent of that impact, the director may require a critical area report to analyze and document the buffer functionality.

Temporary Markers. The outer perimeter of the wetland buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary high-visibility fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the director prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.

Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a wetland or buffer.

Fencing.

Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife.

Passive recreation facilities designed in accordance with an approved critical area report, including:

Educational and scientific research activities.

Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way; provided, that the maintenance or repair does not increase the footprint or use of the facility or right-of-way.

The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources.

Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary; provided, that the drilling does not alter the groundwater connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column would be disturbed.

Enhancement of a wetland buffer through the removal of nonnative, invasive plant species. Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds should be handled and disposed of according to a noxious weed control plan appropriate to that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species.

Repair and maintenance of legally established nonconforming uses or structures, provided they do not increase the degree of nonconformity.

All Category IV wetlands less than 4,000 square feet that:

Wetlands less than 1,000 square feet that meet the above criteria are exempt from the buffer provisions contained in this chapter.

The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower rated area.

The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower-functioning or less sensitive portion.

The total area of the buffer after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge.

The buffer at its narrowest point is never less than either 75 percent of the required width or 75 feet for Category I and II wetlands, 50 feet for Category III wetlands, and 25 feet for Category IV wetlands, whichever is greater.

There are no feasible alternatives to the site design that could be accomplished without buffer averaging;

The averaged buffer will not result in degradation of the wetland’s functions and values;

The total buffer area after averaging is equal to the area required without averaging and all increases in buffer dimension for averaging are generally parallel to the wetland edge;

The buffer at its narrowest point is never less than three-fourths of the required width except where the director finds that there is an existing feature such as a roadway that limits buffer dimension, or an essential element of a proposed development such as access that must be accommodated for reasonable use and requires a smaller buffer.

Agricultural activities in and around critical areas that are addressed by the implementation of the VSP work plan, or existing and ongoing agricultural activities, provided they implement applicable best management practices (BMPs) contained in the latest edition of the USDA Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG); or develop a farm conservation plan in coordination with Lewis County Conservation District. BMPs and/or farm plans should address potential impacts to wetlands from livestock, nutrients, chemicals, soil erosion, sediment control, and agricultural drainage infrastructure. BMPs and/or farm plans should ensure that ongoing agricultural activities minimize their effects on wetlands, water quality, riparian ecology, salmonid populations, and wildlife habitat.

Those activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and regulations, WAC 222-12-030, where state law specifically exempts local authority, except those developments requiring local approval for a Class IV general forest practice permit (conversions) as defined in Chapter 76.09 RCW and Chapter 222-12 WAC, provided conditions of that permit are met.

Conservation or preservation of soil, water, vegetation, fish, shellfish, and/or other wildlife that does not entail changing the structure or functions of the existing wetland.

The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources.

Drilling for utilities/utility corridors under a wetland, with entrance/exit portals located completely outside of the wetland buffer; provided, that the drilling does not alter the groundwater connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column will be altered. Trenching is not allowed by this provision.

Enhancement of a wetland through the removal of nonnative, invasive plant species. Removal shall be restricted to hand removal unless permits from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments or mechanical methods. All removed plant material shall be taken away from the site and disposed of properly. Plants that are on the Washington State Noxious Weed Control Board list of noxious weeds should be handled and disposed of according to a noxious weed control plan appropriate to that species. Revegetation with appropriate native species to achieve natural densities is allowed and encouraged in conjunction with removal of invasive plants.

Educational and scientific research activities that do not result in altering the structure or functions of the wetland.

Normal and routine maintenance and repair of any existing, legally established public or private facilities within an existing right-of-way; provided, that the maintenance or repair does not expand the footprint of the facility or right-of-way and has no adverse effect on the wetland or buffer.

Storm water management facilities. A wetland or its buffer can be physically or hydrologically altered to meet the requirements of a low impact development (LID) methodology or flow control BMP if all of the following criteria are met:

Storm water LID BMPs required as part of new and redevelopment projects may potentially be authorized within wetlands and their buffers. However, these areas may contain features that render LID BMPs infeasible. A site-specific characterization is required to determine whether an LID BMP is feasible at the project site.

There is no reasonable location or route outside the wetland or wetland buffer based on analysis of system needs, available technology and alternative routes. Location within a wetland buffer shall be preferred over a location within a wetland.

Facilities parallel to the wetland edge are located as far from the wetland edge as possible and in a manner that minimizes disturbance of soils and vegetation.

Clearing, grading, and excavation activities are limited to the minimum necessary, which may include placement on elevated structures as an alternative to fill, where feasible.

Impacts on wetland functions are mitigated in accordance with CMC § 17.23.053.

Trails shall not exceed five feet in width and shall be surfaced with gravel or pervious material or constructed as a boardwalk using nontreated pilings. Trails or facilities shall be placed on an elevated structure as an alternative to fill;

The trail or facility is located in the outer 50 percent of the buffer area unless a location closer to the wetland edge or within the wetland is required for interpretive purposes;

The trail or facility is constructed and maintained in manner that minimizes disturbance of the wetland or buffer and is located to avoid removal of mature trees;

Impacts on wetland functions are mitigated in accordance with CMC § 17.23.053.

Reestablishing wetlands on upland sites that were formerly wetlands.

Rehabilitating wetlands for the purpose of repairing or restoring natural and/or historic functions.

Creating wetlands on disturbed upland sites such as those consisting primarily of nonnative, invasive plant species.

Enhancing significantly degraded wetlands.

Preserving Category I or II wetlands that are under imminent threat; provided, that preservation shall only be allowed in combination with other forms of mitigation and when the director determines that the overall mitigation package fully replaces the functions and values lost due to development.

Mitigation Banks. Credits from a wetland mitigation bank certified under Chapter 173-700 WAC may be used to compensate for impacts located within the service area specified in the mitigation bank instrument if all the following are met:

In-Lieu Fee (ILF) Mitigation. Credits from an approved in-lieu fee program may be used when all the following apply:

Permittee-Responsible, Advance Mitigation. Advance mitigation is a form of permitteeresponsible mitigation implemented before a permitted impact takes place. It is designed to compensate for impacts expected to occur in the future. The applicant proposing the advance mitigation is the only one who can use the credits generated. Credits cannot be sold or transferred to another applicant. Advance mitigation proposals should be developed in accordance with state and federal rules and guidance on advance mitigation (Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation, Ecology Publication No. 12-06-015, and Chapter 4.2 of Wetland Mitigation in Washington State – Part 1: Agency Policies and Guidance, Version 2, Ecology Publication No. 21-06-003, or as revised).

Permittee-Responsible, Concurrent Mitigation. Concurrent mitigation is a form of permittee-responsible mitigation implemented at the same time permitted impacts are occurring. The permittee is responsible for implementation and success of the compensation. Concurrent mitigation may occur at the site of the permitted impacts or at an off-site location, usually within the same watershed. Permittee-responsible, concurrent mitigation shall be used only if the applicant’s qualified wetland professional demonstrates to the director’s satisfaction that the proposed approach is ecologically preferable to use of a bank or ILF program, consistent with the criteria in this section.

The director may authorize a one-time temporary delay in completing mitigation when the applicant provides a written explanation from a qualified wetland professional as to the rationale for the delay. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, or general welfare of the public. The request for the delay shall include a written justification that documents the environmental constraints that preclude timely implementation of the compensatory mitigation plan.

The rationale for site selection;

General description and scaled drawings of the activities proposed including, but not limited to, clearing, grading/excavation, drainage alterations, planting, invasive plant management, installation of habitat structures, irrigation, and other site treatments associated with the development activities and proposed mitigation action(s);

A description of the ecological functions and values that the proposed alteration will affect and the specific ecological functions and values the proposed mitigation area(s) shall provide, together with a description of required or recommended mitigation ratios and an assessment of factors that may affect the success of the mitigation program;

Overall goals of the plan, including wetland function, value, and acreage;

Description of baseline (existing) site conditions including topography, vegetation, soils, hydrology, habitat features (i.e., snags), surrounding land use, and other pertinent information;

Field data confirming the presence of adequate hydrology (surface and/or groundwater) to support existing and compensatory wetland area(s);

Nature of mitigation activities, including area of restored, created, enhanced and preserved wetland, by wetland type;

Detailed grading and planting plans showing proposed post-construction topography; general hydrologic patterns; spacing and distribution of plant species; size and type of proposed planting stock; watering or irrigation plans; and other pertinent information;

A description of site treatment measures including invasive species removal, use of mulch and fertilizer, placement of erosion and sediment control devices, and best management practices that will be used to protect existing wetlands and desirable vegetation;

A demonstration that the site will have adequate buffers sufficient to protect the wetland functions into perpetuity.

The project does not meet the performance standards identified in the mitigation plan.

The project does not provide adequate replacement for the functions and values of the impacted critical area.

The project involves establishment of forested plant communities, which require longer time for establishment.

Number and location of vegetation sample plots used to document compliance with performance standards;

Measurements of the percent survival of planted material, plant cover, stem density, presence of invasive species, or other attributes;

For sites that involve wetland creation, reestablishment or rehabilitation, hydrologic observations of soil saturation/inundation as needed to demonstrate that a site meets the wetland hydrology criterion;

Representative photographs of the site;

A written summary of overall site conditions and recommendations for maintenance actions if needed;

Other information that the director deems necessary to ensure the success of the site.

Subdivision of land shall ensure that each lot has sufficient and accessible building area outside wetlands and buffers. Lots in subdivisions shall be oriented whenever feasible to provide a rear yard of at least 20 feet between the buffer area and buildings. Wetland and buffer boundaries shall be shown on the plat.

Fencing shall be provided at the perimeter of residential development to limit domestic animal entry into wetlands and buffer areas.

Activities that generate noise shall be located as far from the wetland and buffer as feasible. Roads, driveways, parking lots and loading areas, mechanical or ventilating equipment shall be located on sides of buildings away from the wetland, or separated by noise-attenuating walls.

Light penetration into buffer areas and wetlands shall be limited by locating areas requiring exterior lighting away from the wetland boundary or limiting light mounting heights to a maximum of four feet. Windows that will be lit at night should be minimized on the side of buildings facing wetlands and buffers or screened as provided for in subsection (C) of this section.

Maintaining adequate cover of native vegetation including trees and understory; if existing tree cover is less than a relative density of 20, planting shall be required consisting of seedlings at a density of 300 stems per acre or the equivalent;

Provide a dense screen of native evergreen trees at the perimeter of the buffer if existing vegetation is not sufficient to prevent viewing adjacent development from within the buffer. Planting shall be required equivalent to two rows of three-foot-high stock of native evergreens at a triangular spacing of 15 feet, or three rows of gallon containers at a triangular spacing of eight feet. Fencing may be required if needed to block headlights or other sources of light or to provide an immediate effective visual screen;

Provide a plan for control of invasive weeds, and remove existing invasive species;

Provide for a monitoring and maintenance plan for a period of at least five years, except this provision may be waived for single-family residential lots.

Maintaining adequate cover of native vegetation including trees and understory; if existing tree cover is less than a relative density of 20, planting shall be required consisting of seedlings at a density of 300 stems per acre or the equivalent;

Provide a dense screen of native evergreen trees at the perimeter of the buffer. If existing vegetation is not sufficient to prevent viewing adjacent development from within the buffer. Planting shall be required equivalent to two rows of three-foot-high stock of native evergreens at a triangular spacing of 15 feet, or three rows of gallon containers at a triangular spacing of eight feet. Fencing may be required if needed to block headlights or other sources of light or to provide an immediate effective visual screen;

Provide a plan for control of invasive weeds, and remove existing invasive species;

Provide for a monitoring and maintenance plan for a period of at least five years, except this provision may be waived for single-family residential lots.

Sensitive Sloped Areas. Slopes exceeding 30 percent with a vertical relief of 10 or more feet except areas composed of competent rock and properly engineered slopes designed and approved by a geotechnical engineer licensed in the state of Washington and experienced with the site;

Areas designated by the Natural Resources Conservation Service as having severe limitation for building site development;

Areas that show evidence of historic failure or instability, as determined by the city, including but not limited to back-rotated benches on slopes; areas with structures that exhibit structural damage such as settling and racking of building foundations; and areas that have toppling, leaning, or bowed trees caused by ground surface movement;

Slopes greater than 15 percent that have seasonal or perennial springs or groundwater seepage caused by a more permeable geologic unit overlying a more impermeable unit;

Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action including slopes exceeding 10 feet in height adjacent to streams, and lakes with more than a 30 percent gradient;

Areas located in a canyon or active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding;

Areas that are at risk of mass wasting due to seismic forces; and

Slopes that are parallel or sub-parallel to planes of weakness (such as bedding planes, bedrock fracture patterns, and faults) in subsurface materials.

Those along shorelines that are potentially subject to channel movement due to bank destabilization and erosion, rapid incision, and shifts in location of watercourse; or

Those areas with soils groups designated in the Natural Resources Conservation Service “Soil Survey of Lewis County, Washington” as very severe or severe.

Areas subject to surface faulting during a seismic event;

Areas with underlying deposits indicatively classified by Washington State Department of Natural Resources as moderate or high risk of liquefaction during a seismic event;

Areas subject to slope failure during a seismic event.

Construction methods should be used which minimize risks to structures and do not increase the risk to the site, or to adjacent properties and their structures, from the geologic hazard. Development shall not increase instability or create a hazard to the site or adjacent properties or result in a significant increase in sedimentation or erosion.

Site planning should minimize disruption of existing topography and vegetation and should incorporate opportunities for phased clearing and restoration.

Disturbed areas shall be replanted pursuant to an approved revegetation mitigation plan, prepared and implemented in accordance with CMC § 17.21.087(D) and (E).

Excavation and grading shall be minimized. A clearing and grading schedule shall consider limitations based upon seasonal weather conditions.

Impervious surface coverage shall be minimized.

Special drainage control, beyond those required by Chapter 12.04 CMC, Article IV, may be required for projects affecting areas of geologic hazard. These plans shall indicate the effect the project may have on the hazard areas and adjacent properties and mitigating measures, with storm water detention standards based upon the technical studies required under this chapter.

Any limitations to site disturbance, such as clearing restrictions, imposed as a condition of development approval should be marked in the field and approved by the city prior to undertaking the project.

Clearing, grading, or filling of sloped sites containing erosion hazard areas shall be limited by weather conditions and an approved erosion control plan.

The face of cut and fill on slopes shall be prepared and maintained to control against erosion.

The buffer from the top of a slope shall be designed to protect persons and property from damage due to catastrophic slope failure and slope retreat over the lifetime of the use and provide an area of vegetation to promote shallow stability, control erosion and promote multiple benefits to wildlife and other resources. The minimum dimension of the buffer shall be equal to the greater of:

The minimum buffer from the toe of a slope shall provide for safety of persons and property from the run-out resulting from slope failure and shall be the greater of:

The buffer width shall be measured on a horizontal plane from a perpendicular line established at the edge of the landslide hazard area limits (both from the top and toe of the slope).

Buffer Reduction. The buffer may be reduced to a minimum of 10 feet based on analysis of specific development plans provided by a qualified professional that demonstrates to the director’s satisfaction that the reduction will adequately protect the proposed development, adjacent developments and uses and other nearby critical areas.

Increased Buffer. The buffer may be increased where the director determines a larger buffer is necessary to prevent risk of damage to proposed and existing development.

Division of land within or adjacent to landslide hazard areas and associated buffers shall be clustered to avoid landslide hazard areas and associated buffers. Land that is located partially within a landslide hazard area or its buffer may be divided; provided, that each resulting lot has sufficient buildable area outside of the landslide area and buffer with provision for drainage, erosion control and related features that will not adversely affect the stability of the landslide area.

Alteration of a landslide hazard area and buffer in order to accommodate structures or land alteration may be authorized only in cases where the director finds that reasonable development cannot be accommodated on portions of the site not subject to landslide hazards and buffers, and if analysis by a qualified professional as described in CMC § 17.24.050(B) establishes compliance with the following standards, based on specific development plans:

Critical facilities, including, but not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials shall not be located in landslide hazard areas if there is a feasible alternative location outside the hazardous areas that would serve the intended service population. A facility may be allowed only subject to the standards in subsection (C)(2) of this section.

Utility lines and pipes shall be permitted in landslide hazard areas only when the applicant demonstrates that no other practical alternative is available. The line or pipe shall be located above ground and properly anchored and/or designed so that it will continue to function in the event of an underlying slide.

Point discharges from surface water facilities and roof drains onto or upgradient from a landslide hazard area shall be prohibited. Storm water conveyance shall be allowed only through a high-density polyethylene pipe with fuse-welded joints, or similar product that is technically equal or superior. The line or pipe shall be located above ground and properly anchored and/or designed so that it will continue to function in the event of an underlying slide.

Roads, driveways and other vehicular access, trails and walkways may be permitted only if the applicant demonstrates that no other feasible alternative exists, including through the provisions of Chapter 8.24 RCW and subject to the standards in subsection (C)(2) of this section. If access through a hazard area is granted, exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified. Access roads and trails shall be engineered and built to standards that avoid the need for major repair or reconstruction beyond that which would be required in non-hazard areas and shall be:

The overall disturbance allowed on development sites which have any combination of the above slope categories shall be determined by the following formula: (square footage of the site having zero to 15 percent slopes) times 1.00 plus (square footage of site having 15 to 25 percent slopes) times 0.60 plus (square footage of site having 25 to 40 percent slopes) times 0.45 equals total allowable site disturbance.

Areas protected as critical areas by other provisions of this chapter shall be eliminated from the calculation of allowed site disturbance in this subsection.

The total allowable site disturbance limits shall be applied to the entire site and shall include all disturbance over the life of the project.

The disturbed area of the site shall be located within areas of the least sensitive portions of the site.

Areas to be preserved as undisturbed shall be located on site plans and protected from disturbance during construction and use. Areas to be preserved in subdivisions shall be indicated on the face of the plat in accordance with CMC § 17.21.085, Notice on title. Disturbance limits shall be observed in subsequent development of lots.

Disturbance limits shall not be applied to existing single-family residential lots less than 20,000 square feet in size that were created prior to the adoption of the ordinance codified in this chapter.

Located in the least sensitive area of the site.

Designed to minimize topographic modification with low gradients and/or parallel to the natural contours of the site.

Retaining walls shall be preferred over cut and fill slopes to minimize topographic modification.

Subdivision within seismic hazard areas shall ensure that each resulting lot has sufficient buildable area outside of the hazard area or that appropriate limitations on building and reference to appropriate standards are incorporated into subdivision approval and may be placed as restrictions on the face of the plat;

Structures in seismic hazard areas shall conform to applicable analysis and design criteria of the International Building Code;

Public roads, bridges, utilities and trails shall be allowed when there are no feasible alternative locations and geotechnical analysis and design are provided that ensure the roadway, bridge and utility structures and facilities will not be susceptible to damage from seismic induced ground deformation. Mitigation measures shall be designed in accordance with the most recent version of the American Association of State Highway and Transportation Officials (AASHTO) Manual or other appropriate document.

Mobile homes;

Additions or alterations to existing structures that do not increase occupancy or significantly affect the risk of structural damage or injury; and