A. Land clearing permits relate to the removal of vegetation including maintenance, trimming and clearing from nonforested lands.

B. Forest practices are regulated by this chapter in order to satisfy the city’s responsibility to regulate forest practices as mandated by RCW 76.09.240. (Ord. 005/2019 § 10 (Exh. B))

A. Promote the public health, safety and general welfare of the citizens of Monroe;

B. Implement the policies of the State Environment Policy Act;

C. Implement the policies of the State Forest Practices Act pursuant to Chapter 76.09 RCW and Chapter 222-20 WAC;

D. Implement the goals and policies of the city’s comprehensive plan; and

E. Comply with all municipal code requirements and public works standards including, but not limited to, erosion control, storm water, and critical areas protection. (Ord. 005/2019 § 10 (Exh. B))

A. “Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.

B. “Conversion” means a forest practice involving the removal of trees to convert forestland to permanent nonforestry urban uses that results in residential, commercial, or industrial activities.

C. “Development moratorium” means the denial by the city of Monroe of all applications for permits or approvals for a period of six years as established in Chapter 76.09 RCW, including but not limited to building permits, right-of-way permits, subdivisions, rezones, and variances on the subject property.

D. “Forest practices” means activities conducted on or directly pertaining to forestlands, regulated in Chapter 222-16 WAC or Chapter 76.09 RCW, relating to growing, harvesting, or processing timber. This includes but is not limited to: road and trail construction; harvesting, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control.

E. “Ground cover” means small plants such as salal, ivy, ferns, mosses, grasses, or other types of vegetation which normally cover the ground and includes trees and shrubs less than six inches in diameter.

F. “Ground cover management” means the mowing or cutting of ground cover when such activities do not disturb the root structures of plants.

G. “Land clearing” means the act of removing or destroying trees, ground cover, and other vegetation by manual, mechanical, or chemical methods.

H. “Land development permit” means any land use or environmental permit or license including but not limited to preliminary or final plat for a single-family residential project, a building permit, or preliminary or final planned residential development plan.

I. “Person” means any person, individual, public or private corporation, firm, association, joint venture, partnership, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or severally.

J. “Qualified professional forester” means an individual with academic and field experience in forestry or urban forestry, with a minimum of two years’ experience in tree evaluation. This may include Society of American Foresters (SAF) Certified Forester, Registered American Society of Consulting Arborists (ASCA) Consulting Arborist, Washington State Licensed Landscape Architect, or an International Society of Arborists (ISA) Certified Arborist.

K. “Removal” means the actual removal or causing the effective removal through damaging, poisoning, root destruction or other direct or indirect actions resulting in the death of vegetation.

L. “Routine vegetation management” means tree trimming or pruning and ground cover management undertaken by a person in connection with the normal maintenance and repair of property.

M. “Tree” means any perennial woody plant with one main stem or multiple stems that supports secondary branches, that has a distinct and elevated crown, that will commonly reach a height of fifteen feet or greater, and where the main stem or one stem of a multi-stemmed tree has a DBH (diameter at breast height) measurement of six inches or greater four and one-half feet above the ground.

N. “Tree cutting” means the actual removal of the above-ground plant material of a tree through manual or mechanical methods.

O. “Tree topping” means the severing of the main stem of the tree in order to reduce the overall height of the tree; provided, that no more than forty percent of the live crown is removed during any topping. If more than forty percent of the top is removed, it is considered removal.

P. “Tree trimming” means the pruning or removal of limbs; provided, that the main stem is not severed and no more than forty percent of the live crown is removed. If more than forty percent of the limbs or crown is removed, it is considered removal. (Ord. 005/2019 § 10 (Exh. B))

A. The requirements of this chapter shall be met either concurrently or before the city of Monroe approves any land development permit.

B. Notice and Approval.

C. Time Limits. Land clearing/forest practices permits shall be valid for two consecutive years, following the date of issuance, unless a different time limit has been established through an associated development permit, in which case the expiration shall be the same as that of the approved development permit. The applicant may submit a written request for an extension to the zoning administrator, at least thirty days prior to the expiration of the original application. The zoning administrator may grant a one-time extension for up to one hundred eighty days.

D. Appeals. Parties of record may appeal decisions in accordance with MMC 22.84.080. (Ord. 005/2019 § 10 (Exh. B))

A. Emergency removal of ground cover or hazardous trees by any person, the public works department, parks department, fire department and/or public or private utility necessary to protect public safety or private or public property from imminent danger;

B. Maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights-of-way, easements, and parks;

C. Forest practices on forestlands where a landowner has previously submitted a ten-year statement of nonconversion to the Department of Natural Resources, together with an acceptable ten-year forest management plan or proof that the land is currently enrolled in current use assessment-timber lands or a conversion option harvest plan (COHP), under Chapter 84.33 RCW, prior to the effective date of the ordinance codified in this chapter;

D. Contiguous forested lands twenty acres or greater in size, where the forest landowner provides a written and signed statement of intent not to convert to a use other than growing commercial timber for ten years. Nonconversion applications will continue to be processed by the Washington State Department of Natural Resources;

E. Existing agricultural activities in conformance with soil conservation district guidelines;

F. Permit Thresholds.

G. Repair, structural modification of, addition to, or replacement of an existing nonconforming residential structure lawfully established prior to the effective date of the ordinance codified in this chapter may be approved if the modification is consistent with Chapter 22.40 MMC. (Ord. 005/2019 § 10 (Exh. B))

A. A completed land clearing/forest practices application, as provided by the community development department, that includes the name, address and telephone numbers of the applicant; and name and telephone number of the contact person, if any.

B. A completed environmental checklist, as necessary.

C. A written narrative that identifies and describes:

D. A title report as proof that the parcel is not currently subject to a six-year development moratorium. If the property is subject to a six-year development moratorium, the application will not be accepted, until the end of the moratorium or until the moratorium has been lifted.

E. A site map, with topographic contours, drawn to a standard engineering scale that delineates:

F. A written critical areas report, prepared by a qualified professional in accordance with MMC 22.80.070 that identifies and delineates critical areas, including but not limited to wetlands, streams, cultural resources, geologically hazardous areas, flood hazard areas, and fish and wildlife habitat conservation areas.

G. An application fee in an amount set by resolution by the city council. (Ord. 005/2019 § 10 (Exh. B))

A. All land-modification activities shall conform to applicable regulations and standards as adopted by the city of Monroe.

B. No land clearing, ground cover management, or tree cutting shall be conducted in a critical area or critical area buffer, except as allowed in Chapter 22.80 MMC.

C. The applicant shall ensure that all land clearing/conversion activities:

A. Any property owner subject to a moratorium may request a release from the six-year moratorium by filing such request with the community development department.

B. Following such request, the community development department shall set a date for an open record public hearing, per the noticing requirements of MMC 22.84.050, before the hearing examiner.

C. The hearing examiner shall consider the removal of a development moratorium established pursuant to this chapter when the following criteria are strictly met:

D. Hearing Examiner Authority.

E. Required Written Findings and Determinations. The hearing examiner will address the following items as written findings and determinations before issuing a decision:

A. General Requirements.

B. Required Written Findings and Determinations. The zoning administrator will address the items listed in subsection (A) of this section as written findings and determinations before issuing a decision. (Ord. 005/2019 § 10 (Exh. B))