Mukilteo City Zoning Code

Use best available science to designate, classify, and protect critical areas.

Ensure no net loss of critical area functions or values.

Protect lives and property.

Provide the flexibility needed to adjust to site-specific characteristics.

Preserve reasonable use of private property.

Facilitate development and maintenance of the public facilities and services necessary to support development.

General applicability. These regulations apply to all development:

Limited applicability to existing development. Enhancement of critical areas degraded by development legally established before the adoption of these regulations is not required. Development and activities existing prior to the adoption of the ordinance codified in this chapter may continue as long as there is no expansion. Legally established impervious areas may be redeveloped without mitigation as long as the total square footage and location of impervious surface within a critical area or its buffer remains unchanged.

Relationship to other critical area chapters. The standards of this chapter apply to all critical areas, regardless of type. Development subject to the general requirements of this chapter is also subject to the specific requirements for each critical area present, including regulations in:

Multiple critical areas. When a property or portion of a property contains multiple critical areas or buffers and there is a conflict between the requirements, the requirements that provide the most protection to the critical areas involved applies.

Conflicts. When the critical areas regulations conflict with the requirements of the city's Shoreline Master Program or other lawfully adopted local, state, or federal regulations, the most restrictive standards apply.

Relationship to SEPA. These regulations constitute adequate mitigation of adverse or significant adverse environmental impacts on critical areas for the purposes of Chapter 17.84, Implementing the State Environmental Policy Act.

Limitations. Compliance with these regulations does not constitute compliance with other local, state, or federal regulations and permit requirements. The applicant is responsible for complying with all relevant requirements.

The City of Mukilteo contains the following critical areas:

Reconnaissance. The city may require an applicant to do a critical area reconnaissance any time there is reason to believe critical areas or their buffers may be present on a property. The reconnaissance must be conducted by a qualified professional and result in clear written findings about the presence or absence of critical areas.

Designating critical areas. Critical area designation and delineation is done based on performance standards, not maps. The criteria and characteristics that determine whether an area qualifies as a critical area are included in the definitions for each critical area found in Chapter 17.08.

Mapping of critical areas. The actual location and extent of critical areas and their buffers must be determined by a qualified professional using the defined performance standards for each critical area.

However, the city maintains maps showing the approximate location and extent of known critical areas that can be used as a general guide. City maps are based on:

Conflicts. In the event of a conflict between the city's maps and the location determined in the field by a qualified professional, the field determination shall control, except for areas of special flood hazard. In the event of a conflict between the boundary mapped on Federal Emergency Management Agency's "Flood Insurance Rate Maps" and actual field conditions, a letter of map change must be approved by FEMA.

Interpretation. When there is a question as to whether a particular activity is exempt, the director's determination is final.

Avoiding impacts. Even when an activity is exempt, applicants must consider alternatives that avoid or minimize impacts. Exemption from the provisions of this chapter does not give permission to degrade a regulated habitat or ignore risks from natural hazards. Any alteration of a critical area that is not a necessary outcome of the exempted activity must be mitigated.

Written notice required. No person may undertake exempt activities until they have provided the city written notification of their intent and given the city 30 days to confirm the activity is exempt.

Exemptions. The following activities are exempt from critical areas regulations:

No net loss. All development within a critical area or its buffer must ensure no net loss of critical area functions and values, with special consideration given to preserving or enhancing anadromous fish habitat.

Best available science. Any reports prepared to determine whether the no net loss standard is achieved must rely on the best available science, consistent with the criteria established in WAC 365-195-900 through 365-195-925. Where there is significant uncertainty about the risk to critical area functions that cannot be resolved because of incomplete scientific information, a precautionary or a no-risk approach that strictly limits potential impacts must be used until the uncertainty is sufficiently resolved.

Use of native growth protection areas (NGPAs).

Mitigation sequencing. Applicants proposing activities in or near critical areas must demonstrate that they have followed this mitigation sequence in order of priority, only moving on to the next option in the sequence when they have implemented the previous option to the maximum extent feasible:

Reasonable use of property guaranteed. When strict application of the city's critical area standards would deny all reasonable use of a property, a reasonable use exception may be granted.

Criteria. To be eligible for a reasonable use exception, an applicant must demonstrate:

Reasonable use exceptions on residential properties. In addition to the criteria that apply to all reasonable use exceptions, the following standards apply on residential properties:

Reasonable use exceptions on commercial, mixed-use, or industrial properties. In addition to the criteria that apply to all reasonable use exceptions, the following standards apply on commercial, mixed-use, or industrial properties:

Stop work orders. Violations of critical areas regulations will result in the immediate issuance of a stop work order that will remain in effect until the violation is corrected and properly mitigated.

Procedures. Violations of the critical areas regulations (Chapters 17.52 through 17.52D) will be enforced through the procedures set forth in Title 18, Land Use Enforcement.

Civil infractions. Violations of this chapter also constitute a civil infraction as outlined in Chapter 1.32, General Penalties.