a. Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding;

b. Protect unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats;

c. Direct activities not dependent on critical area resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and

d. Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and habitat conservation areas;

a. Fish and Wildlife Habitat Conservation Areas. Wildlife areas are ecosystem composed of unique interacting systems of soils, geology, topography, and plant and animal communities. They consist of land-based areas and aquatic areas. Wildlife habitat provides opportunities for food, cover, nesting, breeding, and movement for fish and wildlife within the City; maintains and promotes diversity of species and habitat within the City; helps to maintain air and water quality; controls erosion; serves as areas for recreation, education and scientific study, and aesthetic appreciation; and provides neighborhood separation and visual diversity within urban areas. Riparian corridors are essential for wild fish populations. Healthy riparian zones are dynamic ecosystems that perform various functions that form salmonid habitat. Some of the major functions include: producing and delivering large and small woody debris to shorelines and stream channels; shoreline protection and habitat formation; removing sediments and dissolved chemicals from water; moderating water temperature; providing favorable microclimate; providing habitat for terrestrial animals; and providing proper nutrient sources for aquatic life. Additionally, aquatic areas and their associated buffers store and convey stormwater and floodwater; recharge groundwater; and serve as areas for recreation, education and scientific study and aesthetic appreciation. The City’s overall goal shall be no net loss of riparian corridor functions and values. 

b. Wetlands. Wetlands are fragile ecosystems which serve a number of important beneficial functions. Wetlands assist in the reduction of erosion, siltation, flooding, ground and surface water pollution, and provide wildlife, plant, and fisheries habitats. Wetlands destruction and impairment may result in increased public and private costs or property losses. Wetland buffers serve to moderate runoff volume and flow rates; reduce sediment, chemical nutrient and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; protect wetland resources from harmful intrusion; and generally preserve the ecological integrity of the wetland area.

c. Frequently Flooded Areas. Floodplains and other areas subject to flooding perform important hydrologic functions and may present a risk to persons and property. Floodplains help to store and convey storm water and flood water; recharge ground water; provide important areas for riparian habitat; and serve as areas for recreation, education, and scientific study. Development within floodplain areas can be hazardous to those inhabiting such development, and to those living upstream and downstream. Floods also cause substantial damage to public and private property that result in significant costs to the public and individuals.

d. Critical Aquifer Recharge Areas. Potable water is an essential life-sustaining element. Aquifer recharge areas provide a source of potable water and contribute to stream discharge during periods of low flow. Certain portions of the City’s planning area are susceptible to contamination of drinking water and watercourse supplies through rapid infiltration of pollutants through the soil to ground water aquifers. Critical Aquifer Recharge Areas I and II are designated under the provisions of the Growth Management Act, RCW Chapter 36.70A, and are established based on proximity to and travel time of groundwater to the City’s public water source wells.

e. Geologically Hazardous Areas. Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible commercial, residential, or industrial development is sited in or near areas of significant hazard. Some geological hazards can be reduced or mitigated by engineering, design, or modified construction so that risks to health and safety are acceptable. When technology cannot reduce risks to acceptable levels, building in geologically hazardous areas should be avoided.

a. Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter, or materials of any kind; 

b. Dumping, discharging, or filling with any material;

c. Draining, flooding, or disturbing the water level or water table;

d. Driving pilings or placing obstructions;

e. Constructing, reconstructing, demolishing, or altering the size of any structure or infrastructure that results in disturbance of a critical area or the addition of any impervious surface coverage to a site;

f. Destroying or altering vegetation through clearing, grading, harvesting, shading, or planting vegetation that would alter the character of a critical area; 

g. Activities that result in significant changes in water temperature and physical or chemical characteristics of water sources, including quantity and pollutants; and 

h. Any other activity that has a potential to significantly adversely impact a critical area or established buffer not otherwise exempt from the provisions of this chapter;

i. With regard to frequently flooded areas, the provisions of this chapter shall apply to any activity that would result in change to the flood storage capacity of a floodplain or flood fringe area, or cause an increase in the base flood elevation, unless otherwise exempt.

a. Existing and ongoing agricultural activities provided no alteration of flood storage capacity or conveyance occurs and the activity does not adversely affect critical areas, and existing and ongoing agricultural activities identified in a farm plan approved by both the King County Conservation District and the City;

b. Activities involving artificially created wetlands or streams intentionally created from non-wetland sites, including but not limited to grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except wetlands, streams, or swales created as mitigation or that provide habitat for salmonid fishes; 

c. Activities occurring in areas of 40 percent slope or greater with a vertical elevation change of up to 10 feet based upon City review of a soils report prepared by a geologist or geotechnical engineer which demonstrates that no significant adverse impact will result from the exemption. In addition, the construction of a single-family dwelling unit in man-made steep slopes which were created as part of an approved legal grading activity shall be exempt provided the applicant submits documentation from a qualified professional that the slope was man-made and there will be no resulting significant adverse impacts. This latter exemption applies to one stand-alone single-family residence and is not to be construed to apply to a series of proposed dwellings as part of a subdivision or short plat application;

d. Normal and routine maintenance, operation and reconstruction of existing roads, streets, utilities, and associated rights-of-way and structures, provided that reconstruction of any structures may not increase the impervious area, remove flood storage capacity, or further encroach into a critical area or its buffer; 

e. Normal maintenance and repair, and reconstruction or remodeling of residential or commercial structures, or legal pre-existing and ongoing uses of the site, provided that reconstruction of any structures may not increase the size of the previously approved building footprint (see subsection D.5 of this section);

f. Site investigative work and studies necessary for preparing land use applications, including soils tests, water quality studies, wildlife studies and similar tests and investigations, provided that any disturbance of the critical area shall be the minimum necessary to carry out the work or studies and provided that the area is restored to its previous condition; 

g. Educational activities, scientific research, and outdoor recreational activities, including but not limited to interpretive field trips, and bird watching that will not have a significant adverse effect on the critical area;

h. Emergency activities necessary to prevent an immediate threat to public health, safety, or property. Once the immediate threat has been addressed, any adverse impacts on critical areas shall be minimized and mitigated as noted in (2) below;

i. Normal and routine maintenance and operation of existing landscaping and gardens provided they comply with all other regulations in this chapter;

j. Construction of pedestrian trails which are permeable, have a maximum width of six feet, and are located in the outer 25 percent of the buffer;

k. Minor activities not mentioned above and determined by the Department to have minimal impacts to a critical area;

l. Previously legally filled wetlands or wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway, or wetlands accidentally created by other human actions within 20 years of the date the development application is filed. The latter shall be documented by the applicant through photographs, statements, and/or other evidence;

m. Activities affecting Category IV wetlands which are 250 square feet in size or smaller and hydrologically isolated;

n. Installation, construction, replacement, repair, or alteration of utilities and their associated facilities, lines, pipes, mains, equipment, or appurtenances in improved City road rights-of-way and provided that the area is restored to its previous condition;

o. Removal of nonnative vegetation providing removal is accomplished using hand methods and that removal is in compliance with this chapter. Hand removal does not include using mechanical equipment, such as weed wackers, mowers, power hedge trimmers, or other similar devices. Also, this does not include the use of herbicides.

a. Fish and Wildlife Habitat Conservation Areas (Map 64.1);

b. Critical Wildlife Habitat Map Willows/Rose Hill Neighborhood (Map 64.2);

c. Streams (Map 64.3);

d. Wetlands (Map 64.4);

e. Frequently Flooded Areas (Map 64.5);

f. Critical Aquifer Recharge Areas (Map 64.6);

g. Landslide Hazard Areas (Map 64.7);

h. Erosion Hazard Areas (Map 64.8);

i. Seismic Hazard Areas (Map 64.9); and

j. Critical Aquifer Recharge Areas Full Extent (Map 64.10).

a. Timing of Submittals. A critical areas report, if applicable, must be submitted to the City during application submittal. This is a required component of determining application completeness. The purpose of the report is to determine the extent, characteristics, and functions of any critical areas located on or that have a potential to be significantly adversely impacted by activities on a site where regulated activities are proposed. The report will also be used by the City to assist in the determination of the appropriate critical area rating and establishment of appropriate buffer requirements in accordance with this chapter.

b. Critical Areas Report Contents. Reports and studies required to be submitted by this chapter shall contain the information indicated in RZC Appendix 1, Critical Areas Reporting Requirements, applicable to each critical area.

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

b. Minimizing impacts by limiting the degree or magnitude of the action and it implementation, by using appropriate technology, or by taking affirmative steps such as project redesign, relocation, or timing, to avoid or reduce impacts;

c. Rectifying the impact to the critical area by repairing, rehabilitating, or restoring the affected environment to the conditions existing at the time of the initiation of the project;

d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

e. Compensating for the impact by replacing or providing substitute resources or environments; and/or

f. Monitoring the hazard or other required mitigation and taking remedial action when necessary.

a. All feasible and reasonable measures will be taken to reduce impacts and losses to the critical area or to avoid impacts where avoidance is required by these regulations; and

b. The restored, created or enhanced critical area or buffer will be as viable and persistent as the critical area or buffer area it replaces; and

c. In the case of wetlands and riparian stream corridors, no overall net loss will occur in wetland or riparian stream corridor functions and values.

a. Mitigation shall be provided on-site, unless on-site mitigation is not scientifically feasible due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site.

b. When mitigation cannot be provided on-site, mitigation shall be provided in the immediate vicinity of the permitted activity on property owned or controlled by the applicant, such as an easement, provided such mitigation is beneficial to the critical area and associated resources.  Credits from a state certified wetland mitigation bank may be used to compensate for wetland impacts consistent with i. below.

c. In-kind mitigation shall be provided except when the applicant demonstrates and the Department concurs that greater functional and habitat value can be achieved through out-of-kind mitigation.

d. Only when it is determined by the Department that subsections L.2.a, L.2.b, and L.2.c of this section are inappropriate and impractical, shall off-site, out-of-kind mitigation be considered.

e. When wetland or riparian stream corridor mitigation is permitted by these regulations on-site or off-site, the mitigation project shall occur near an adequate water supply (river, stream, ground water, stormwater facility outfall) with a hydrologic connection to the critical area to ensure successful development or restoration.

f. Any agreed upon mitigation proposal shall be completed concurrently with project construction, unless a phased schedule that assures completion prior to occupancy has been approved by the Department.

g. Wetland acreage replacement ratios shall be as specified in RZC 21.64.030.C.7.b, Wetland Replacement Ratios. 

h. Restored or created riparian stream corridors, where permitted by these regulations, shall be an equivalent or higher riparian stream corridor value or function than the altered riparian stream corridor.

i. All off-site mitigation shall be provided within the Redmond city limits.

a. Use scientific procedures for establishing the success or failure of the project;

b. For vegetation determinations, permanent sampling points shall be established;

c. Vegetative success equals 80 percent per year survival of planted trees and 80 percent cover of shrubs, groundcover, and emergent species, and less than 20 percent cover of invasive species;

d. Submit monitoring reports on the current status of the mitigation project to the Department. The reports are to be prepared by a qualified consultant and reviewed by the City, and shall be produced on the following schedule: 30 days after planting, early in the growing season of the second year, end of the growing season of the second year, and annually thereafter;

e. The monitoring reports shall contain the following information on monitoring method and monitoring components, as relevant:

f. Monitoring programs shall be established for a minimum of five years to ensure the performance standards have been met.  The project mitigation plan shall include monitoring elements such as those identified above, that ensure certainty of success for the project's natural resource values and functions.  If the mitigation goals are not obtained within the initial five-year period, the applicant remains responsible for restoration of the natural resource values and functions until the mitigation goals agreed to in the mitigation plan are achieved;

g. If necessary, correct for failures in the mitigation project;

h. Replace dead or undesirable vegetation with appropriate plantings;

i. Repair damages caused by erosion, settling, or other geomorphological processes to all affected properties and structures, both on and off the property;

j. Redesign mitigation project (if necessary) and implement the new design; and

k. Correction procedures shall be approved by a qualified consultant and the Department.

a. The boundary at the outer edge of critical areas tracts and easement shall be delineated with permanent survey stakes, using iron or concrete markers as established by local survey standards.

b. The boundary at the outer edge shall be identified with temporary signs prior to any site disturbance. The temporary signs shall be replaced with permanent signs prior to occupancy or use of the site. The number and spacing of permanent signs shall be designated by the Planning Department.

a. In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the King County Department of Records and Elections. The notice shall state the presence of the critical area or buffer on the property, of the application of the Critical Areas Ordinance to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall run with the land.

b. The applicant shall submit proof that the notice has been filed for public records before the City approves a building permit or, in the case of subdivision of land or binding site plans, at or before recording.

a. Critical areas tracts, or other mechanisms as deemed appropriate by the Department, shall be used to delineate and protect contiguous critical areas and buffers. Areas in critical areas tracts can be included in determining gross site density, floor area ratios, and other area and dimensional regulations for five or fewer lots. Critical area tracts may not be used through the preliminary plat process to credit lot area and dimensional regulations for proposed residential lots.

b. Critical areas tracts shall be recorded on all documents of title or record for all affected lots.

c. Critical areas tracts shall be designated on the face of the plat or recording drawing in a format provided by the City Attorney.

d. The City may require that any required critical areas tract be held in an undivided interest by each owner of a building lot within the development, with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowners’ association, or other legal entity which assures the ownership, maintenance, and protection of the tract.

a. Areas with which species of concern have a primary association.

b. State Priority Habitats and Areas Associated with State Priority Species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the Washington State Department of Fish and Wildlife.

c. Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the City of Redmond, including those that possess unusual or unique habitat warranting protection because of qualitative species diversity or habitat system health indicators. The City Council shall formally designate habitats and species of local importance, if any, through the Zoning Code amendment process.

d. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation.

e. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, and other surface waters and watercourses within the jurisdiction of the State of Washington, as classified in WAC 222-16-031.

f. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity.

g. Land essential for preserving connections between habitat blocks and open spaces.

a. Core Preservation Areas. Core preservation areas include those areas of the City which are already protected through other regulatory mechanisms. They include Native Growth Protection Areas, Class I streams and their buffers, and Class II through IV streams, and other areas similarly protected. They may also include lands where development rights have been sold and some lands with recorded open space easements, depending on the purpose of the easement. The core preservation area includes wetlands and streams and their associated buffers as they become identified at a site-specific level.

b. Species Protection. Species of concern, priority species, and species of local importance shall be protected through management recommendations. “Species of concern” includes those species listed as state endangered, threatened, sensitive, or candidate, as well as those species listed or proposed for listing by the federal government. Priority species are those species considered to be priorities for conservation and management and are identified in the Washington Department of Fish and Wildlife Priority Habitat and Species (PHS) List. In Redmond, “species of local importance” refers to the Great Blue Heron.

c. Quality Habitat Areas. As sites are assessed for development, the Department shall evaluate each site for the presence of quality habitat using the following methodology. Sites will be qualitatively scored based upon several parameters indicative of habitat qualities. These parameters include size, community diversity, interspersion (spatial patterns), continuity, forest vegetation layers, forest age, and invasive plants. This assessment will allow the City to identify remaining quality habitat in the City; to protect remaining quality habitat by imposition of the performance standards outlined in RZC 21.64.020.G, Fish and Wildlife Habitat Conservation Area Performance Standards, so long as there is no significant adverse economic impact to the developer; and to provide incentives to preserve such quality habitat.

d. Riparian Stream Corridors. Riparian stream corridors include Class I through IV streams and adjacent riparian habitat areas (stream buffers). Streams shall be designated Class I, Class II, Class III, and Class IV according to the criteria in this subsection. When more than one classification is present in short, alternating segments on the property in question, it will be classified according to the stream class which is more restrictive.

e. Classification of fish and wildlife habitat conservation areas shall be determined by the Department based on consideration of the following factors:

a. When the Department determines that the recommended width is insufficient to prevent habitat degradation and to protect the structure and functions of the habitat areas;

b. When the frequently flooded area exceeds the recommended stream buffer width, the stream buffer shall extend to the outer edge of the frequently flooded area;

c. When the stream buffer is within a landslide hazard area or its buffer, the stream buffer shall be the recommended distance, or the landslide hazard area buffer, whichever is greater. Similarly if the stream buffer is within an erosion hazard area, the stream buffer shall be the recommended distance or the extent of the erosion hazard area.

a. The width reductions will not reduce stream or habitat functions, including those of non-fish habitat;

b. The width reduction will not degrade the habitat, including habitat for salmonid fisheries;

c. The proposal will provide additional habitat protection;

d. The total area contained in the stream buffer area after averaging is no less than that which would be contained within the standard stream buffer area; and

e. The buffer width is not reduced to less than 25 percent of the standard stream buffer width or 25 feet, whichever is greater.

a. The width of the inner buffer shall not be reduced below 75 percent of the required inner buffer width at any point;

b. Encroachment shall not occur into the buffer of an associated wetland;

c. The area of the inner buffer after averaging shall be equivalent to the area of the inner buffer prior to averaging;

d. There is a net improvement in overall buffer ecological functions; and

e. Averaging shall not preclude the opportunity for future recovery of structure and function.

a. When the improvements are part of an approved rehabilitation or mitigation plan; or

b. For construction of new road crossings and utilities, and accessory structures, when no feasible alternative location exists; or

c. Trails, according to the following criteria:

d. Footbridges; or

e. Minor educational facilities, such as informational signs; or

f. Stormwater conveyance systems, provided that they are designed to maintain the buffers’ functions and values; or

g. When improvements are part of an approved plan consistent with the no net effective impervious surface provisions of (8) above.

a. Only in Class II, III, and IV streams;

b. When fish passage will not be impaired;

c. When the design criteria of the Washington State Department of Fish and Wildlife, Design of Road Culverts for Fish Passage, 2003, are met; and

d. The applicant or successors shall, at all times, keep any culvert free of debris and sediment to allow free passage of water and, if applicable, fish.

a. There is no other feasible alternative route with less impact on the environment;

b. The crossing minimizes interruption of downstream movement of wood and gravel;

c. Roads in riparian habitat areas shall not run parallel to the water body;

d. Crossings, where necessary, shall only occur as near to perpendicular with the water body as possible;

e. Mitigation for impacts is provided pursuant to an approved mitigation plan; and

f. Road bridges are designed according to the Department of Fish and Wildlife Design of Culverts for Fish Passage, 2003, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000.

a. Consider habitat in site planning and design;

b. Locate buildings and structures in a manner that preserves and minimizes adverse impacts to important habitat areas;

c. Integrate retained habitat into open space and landscaping, consistent with the provisions of RZC 21.32, Landscaping;

d. Where possible, consolidate habitat and vegetated open space in contiguous blocks;

e. Locate habitat contiguous to other habitat, open space, or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas;

f. Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers;

g. Emphasize heterogeneity and structural diversity of vegetation in landscaping;

h. Remove and/or control any noxious weeds or animals as defined by the City; and

i. Preserve significant trees, preferably in groups, consistent with RZC 21.72, Tree Preservation, and with achieving the objectives of these standards.

a. Category I wetlands are those wetlands that represent a unique or rare wetland type, are more sensitive to disturbance than most wetlands, are relatively undisturbed, and contain ecological attributes that are impossible to replace within a human lifetime, or provide a high level of functions. All wetlands with one or more of the following criteria shall be considered a Category I wetland:

b. Category II wetlands are those wetlands that provide high levels of some functions which are difficult to replace. Category II wetlands meet the following criteria:

c. Category III wetlands are those wetlands that provide a moderate level of functions. They are typically more disturbed and have less diversity or are more isolated from other natural resources in the landscape. Category III wetlands meet the following criteria:

a. Maps adopted pursuant to this chapter, including the wetland map, which identifies the approximate location and extent of wetlands. This map shall be used as a general guide only for the assistance of property owners and other interested parties; boundaries are generalized. The actual type, extent, and boundaries of wetlands shall be determined in the field by a qualified consultant according to the procedures, definition, and criteria established by this chapter. In the event of any conflict between the critical area location and designation shown on the City's map and the criteria or standards of this section, the criteria and standards shall prevail;

b. National Wetlands Inventory Maps prepared by the U.S. Fish and Wildlife Service;

c. Application of the criteria contained in these regulations; and

d. Consideration of the technical reports submitted by qualified consultants in connection with applications subject to these regulations.

a. The wetland is used by a state or federally listed plant or animal species or has essential or outstanding habitat for those species, or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or

b. The adjacent land is susceptible to severe erosion, and erosion-control measure will not effectively prevent adverse wetland impacts; or

c. The adjacent land has minimal vegetation cover or slopes greater than 30 percent.

a. It will not reduce the functions or values;

b. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from increased buffers adjacent to the higher functioning area of habitat or more sensistive portion of the wetland and would not be adversely impacted by a decreased buffer adjacent to the lower-functioning or less-sensitive portion of the wetland;

c. The total area contained in the buffer area after averaging is equal to the area required in the standard buffer;

d. The buffer width is not reduced more than 25 percent of the 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 and;

e. 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.

a. The lost wetland area provides minimal functions and the mitigation action(s) results in a net gain in wetland functions as determined by a site-specific assessment; or

b. The lost wetland area provided minimal functions as determined by a site-specific functional assessment and other replacement habitats provide greater benefits to the functioning of the watershed, such as riparian habitat restoration and enhancement.

a. Any proposed alteration and mitigation shall comply with the mitigation performance standards and requirements of these regulations; and

b. No net loss of wetland function and value may occur.

c. Where enhancement or replacement is proposed, ratios shall comply with the requirements of subsection C.7 below in this section.

a. The filled/impacted wetland provides minimal functions as determined by a site-specific function assessment; and the proposed mitigation action(s) will provide equal or greater functions, or will provide functions shown to be limiting within a watershed through a formal watershed assessment plan or protocol; or

b. Out-of-kind replacement will best meet formerly identified regional goals, such as replacement of historically diminished wetland types.

a. Preserving high-quality wetlands that are under imminent threat.

b. Restoring wetlands on upland sites that were formerly wetlands.

c. Creating wetlands on disturbed upland sites, such as those with vegetative cover consisting primarily of exotic introduced species.

d. Enhancing significantly degraded wetlands.

a. Where wetland alterations are permitted by the City, the applicant shall restore or create areas of wetlands in order to compensate for wetland losses. Equivalent areas shall be determined according to acreage, function, type, location, timing factors, and projected success of restoration or creation.

b. When creating or enhancing wetlands, the following acreage replacement ratios shall be used:

c. These ratios do not apply to the use of credits from a state certified wetland mitigation bank.  When credits from a certified bank are used, replacement ratios shall be consistent with the requirements of the mitigation banking instrument.

d. Enhanced and created wetlands shall be appropriately classified and buffered.

a. Floodplain. The total area subject to inundation by the base flood (the flood that has a one percent chance of occurring in any given year).

b. Flood Fringe. The portion of the floodplain outside of the floodway which is generally covered by flood waters during the base flood and is generally associated with standing water rather than rapidly flowing water.

c. FEMA Floodway. The channel of the stream and that portion of the adjoining floodplain which is necessary to contain and discharge the FEMA base flood flow without increasing the FEMA base flood elevation more than one foot.

d. Zero-Rise Floodway. The channel of the stream and that portion of the adjoining floodplain which is necessary to contain and discharge the base flood flow without increasing the base flood elevation. The zero-rise floodway will always include the FEMA floodway.

a. Maps adopted pursuant to this chapter including the frequently flooded areas map, which identifies the approximate location and extent of the 100-year floodplain. This map shall be used as a general guide only for the assistance of property owners and other interested parties; boundaries are generalized. The actual type, extent, and boundaries of frequently flooded areas shall be determined in the field by a qualified consultant according to the procedures, definitions, and criteria established by this chapter. In the event of any conflict between the critical area location and designation shown on the City’s map and the criteria or standards of this section, the criteria and standards shall prevail. The City will employ hydraulic models to define the extent of the zero-rise floodway. If the zero-rise floodway has not yet been defined for the property in question, the applicant will be responsible for modeling the base flood elevation and delineating the extent of the zero-rise floodway, consistent with the assumptions in the Bear Creek Basin Plan as adopted by the City. In the absence of a City hydraulic model, FEMA data will be acceptable;

b. Flood Insurance Rate Maps published by the Federal Emergency Management Agency;

c. Application of the criteria contained in these regulations; and

d. Consideration of the technical reports submitted by qualified consultants in connection with applications subject to these regulations.

a. Development shall not reduce the effective base flood storage volume of the floodplain. Grading or other activity which would reduce the effective storage volume must be mitigated by creating compensatory storage on the site.  Developments in Downtown in the Sammamish River floodplain have the option to participate in the city's Sammamish River Regional Compensatory Floodplain Storage Project.  This option allows developers to compensate for on-site floodplain fill volume in this regional project by having their storage volume allocated to this project.

b. No structure shall be allowed which would be at risk due to stream bank destabilization, including that associated with channel relocation or meandering.

c. All elevated construction must be designed and certified by a professional structural engineer registered in the State of Washington and must be approved by the City prior to construction.

d. Subdivisions, short subdivisions, binding site plans, site plan review, special Land Use Permits, and general Land Use Permits shall follow the following requirements:

e. New residential construction and substantial improvement shall meet the following criteria:

f. New nonresidential construction and substantial improvement of any existing commercial, industrial, or other nonresidential structure shall meet the elevation requirements of residential construction.

g. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

h. For all mobile and manufactured homes, all standards for flood hazard protection for conventional residential construction shall apply. All manufactured and mobile homes must be anchored and shall be installed using methods and practices that minimize flood damage. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

i. Utilities shall meet the following criteria:

j. Critical facilities may be allowed within the flood fringe of the floodplain. All such proposed uses shall be evaluated as part of the underlying land use permit. Critical facilities constructed within the flood fringe shall have the lowest floor elevated to three or more feet above the base flood elevation. Flood-proofing and sealing measures must be taken to ensure that hazardous or toxic substances will not be displaced by or released into floodwaters. Access routes elevated to the flood protection elevation shall be provided to all critical facilities to the nearest maintained public street or roadway located outside of the floodplain.

k. The Committee shall review all Land Use Permits to determine that all necessary permits have been obtained as required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, as required by Section 60.3(a)(2) of 44 CFR.

l. Storage and containment of hazardous or dangerous chemicals, substances or materials, as those terms are determined by applicable state and federal regulations, shall be prohibited, provided that existing uses involving storage, etc., shall conform to the flood protection elevation when applying for any permit.

a. Activities allowed within the zero-rise floodway must conform to the requirements of this section, as well as the requirements that apply to the flood fringe outside the zero-rise floodway as identified in subsection C.2 of this section.

b. No development activity shall reduce the effective storage volume of the floodplain.

c. No development, including permitted new construction or reconstruction, shall cause any increase in the zero-rise base flood elevation.

d. No temporary structures or storage of materials hazardous to public health, safety, and welfare shall be permitted in the zero-rise floodway.

e. Construction of new residential or nonresidential structures is permitted in the zero-rise floodway only in the following circumstances:

f. New lots that include part of the zero-rise floodway may be created only if the lots meet the requirements of subsection C.2.d of this section and administrative rules, or are declared as nonbuilding lots on the face of the plat.

g. The following circumstances are presumed to produce no increase in base flood elevation and shall not require special studies to establish this fact:

h. Reconstruction of an existing residential structure shall meet the requirements for new residential construction set forth in subsection C.2.e of this section

i. Utilities and roads are permitted in the zero-rise floodway only when no other location is practicable, or when mitigating measures achieve zero-rise floodway elevations, and shall meet the minimum criteria set forth in subsection C.2.i of this section and the following requirements:

j. Critical facilities shall not be constructed in the zero-rise floodway.

k. Floodway Dependent Structures. Installations or structures that are floodway dependent may be located in the floodway, provided that the development proposal receives approval from all other agencies with jurisdiction and meets all standards in RZC 21.64.020.D, Alteration of Riparian Stream Corridors, and 21.64.030.C, Alteration of Wetlands. Such installations include but are not limited to:

l. Development of the area located downstream of Redmond Way on Bear Creek may be allowed:

a. Construction or placement of new residential or nonresidential structures is prohibited within the FEMA floodway. Shoreline protective structures, bridges, roads, trails, and railroads are permitted within the FEMA floodway.

b. No development subject to these regulations, including permitted new construction or reconstruction, shall cause any increase in the FEMA base flood elevation.

c. Substantial improvement of an existing residential structure located in the floodway must meet the requirements set out in WAC 173-158-070 as amended. Such substantial improvement is presumed to produce no increase in base flood elevation and shall not require special studies to establish this fact. (Ord. 2663; Ord. 2958; Ord. 3186)

a. Critical Aquifer Recharge Area I is the land area overlying the aquifer in which it will take a maximum of five years for the groundwater to reach any public water source well owned by the City.

b. Critical Aquifer Recharge Area II is the land area overlying the aquifer in which it will take over five years to reach any public water source well owned by the City.

a. Large on-site sewage systems, as defined in WAC Chapter 246-272A;

b. Hazardous liquid pipelines as defined in RCW Chapter 81.88 and RZC 21.78;

c. Solid waste landfills;

d. Solid waste transfer stations;

e. Liquid petroleum refining, reprocessing, and storage;

f. Bulk storage facilities as defined in RZC 21.78, Definitions;

g. Hazardous waste treatment, storage, and disposal facilities except those defined under permit by rule for industrial wastewater treatment processes per WAC 173-303-802(5)(c);

h. Chemical manufacturing, including but not limited to organic and inorganic chemicals, plastics and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals;

i. Dry cleaning establishments using the solvent perchloroethylene;

j. Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and nonferrous metals from molten materials;

k. Wood preserving and wood products preserving;

l. Mobile fleet fueling operations;

m. Class I, Class III, Class IV, and the following types of Class V wells: 5A7, 5F1, 5D3, 5D4, 5W9, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 as regulated under RCW Chapter 90.48 and WAC Chapters 173-200 and 173-218, as amended;

n. Permanent dewatering of the aquifer;

o. Irrigation with graywater;

p. Reclaimed or recycled water use with the exception of uses that discharge to the sanitary sewer;

q. Sand, gravel, and hard rock mining;

r. Mining of any type below the upper surface of the saturated groundwater;

s. Disposal of radioactive wastes, as defined in chapter 43.200 RCW;

t. Hydrocarbon extraction;

u. Golf courses;

v. Cemeteries;

w. Vehicle wrecking yards;

x. Vehicle towing yards that store vehicles on permeable surfaces; and

y. Metal recycling facilities with outdoor storage and handling activities.

a. Permanent dewatering; and

b. Reclaimed or recycled water use with the exception of uses that discharge to the sanitary sewer.

a. Secondary Containment.

b. Vehicle Fueling, vehicle and equipment maintenance facilities, and wrecked vehicle storage facilities shall have the following to control release of hazardous materials to the soil/groundwater during operations:

c. Loading and Unloading Areas. Secondary containment or equivalent best management practices, as approved by the City, shall be required at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous materials or other deleterious substances in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid.

d. Stormwater Infiltration Systems. Design and construction of stormwater infiltration systems must address site-specific risks of releases posed by all hazardous materials on-site. These risks may be mitigated by physical design means or equivalent best management practices. Design and construction of said stormwater infiltration systems shall also be in accordance with RMC Chapter 15.24.020.

e. Well construction and operation shall comply with the standards in RMC 15.24.095.

f. Fill Materials. Fill material shall comply with the standards in RMC 15.24.095.

g. Cathodic Protection Wells. Design for cathodic protection wells shall be submitted to the City for review and approval prior to initiation of drilling. Cathodic protection wells shall be constructed such that the following does not occur:

h. Underground Hydraulic Elevator Cylinders. All underground hydraulic elevator pressure cylinders shall be encased in an outer plastic casing constructed of schedule 40 or thicker polyethylene or polyvinyl chloride (PVS) pipe or equivalent. The plastic casing shall be capped at the bottom and all joints shall be solvent or heat welded to ensure water tightness. The neck of the plastic casing shall provide a means of inspection to monitor the annulus between the pressurized hydraulic elevator cylinders and protective plastic casing. Vegetable oil shall be used for hydraulic fluid in elevator cylinders.

a. Except as provided in subsection (b) below, the construction or location of stormwater infiltration system modifications to protect groundwater shall not be permitted to alter, expand, or intensify any legal nonconforming use or structure in a manner that increases the degree of nonconformity.  However, upon the Technical Committee's approval of a modification to a stormwater infiltration system protective of groundwater, the improvement may be constructed without the property owner having to meet the following City codes:

b. Improvements required through the groundwater protection incentive program in order to mitigate potential stormwater impacts to groundwater may alter, expand, or intensify existing legal nonconforming uses and structures in a way that increases the degree of nonconformity where the Technical Committee determines that no economically, technologically, and environmentally reasonable alternative exists that meets the requirement to protect groundwater and fulfills the operational needs of the existing development served by the stormwater infiltration system.  By way of example and not by way of limitation, groundwater protection incentive program improvements may alter, expand, or intensify the degree of nonconformity of existing landscaping, parking, and covered storage structures that are legally nonconforming, as long as the requirements of this subsection are met.

a. Erosion Hazard Areas. Erosion hazard areas are lands or areas underlain by soils identified by the U.S. Department of Agriculture Soil Conservation Service (SCS) as having “severe” or “very severe” rill and inter-rill erosion hazards. This includes, but is not limited to, the following group of soils when they occur on slopes of 15 percent or greater: Alderwood-Kitsap (AkF), Alderwood gravelly sandy loam (AgD), Kitsap silt loam (KpD), Everett (EvD), and Indianola (InD).

b. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to significant or severe risk of landslides based on a combination of geologic, topographic, and hydrogeologic factors. They include areas susceptible because of any combination of bedrock, soil, slope, slope aspect, structure, hydrology, or other factors. They are areas of the landscape that are at a high risk of failure or that presently exhibit downslope movement of soil and/or rocks and that are separated from the underlying stationary part of the slope by a definite plane of separation. The plane of separation may be thick or thin and may be composed of multiple failure zones depending on local conditions, including soil type, slope gradient, and groundwater regime.

c. Seismic Hazard Areas. Seismic hazard areas are lands subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting.

a. Maps adopted pursuant to this chapter include the landslide hazard area, erosion hazard area, and seismic hazard areas maps, which identify the approximate location and extent of these hazard areas. These maps shall be used as a general guide only for the assistance of property owners and other interested parties; boundaries are generalized. The actual type, extent, and boundaries of geologically hazardous areas shall be determined in the field by a qualified consultant according to the procedures, definitions, and criteria established by this chapter. In the event of any conflict between the critical area location and designation shown on the City’s map and the criteria or standards of this section, the criteria and standards shall prevail;

b. Maps published by other governmental agencies such as:

c. Application of the criteria contained in these regulations; and

d. Consideration of the technical reports submitted by qualified consultants in connection with applications subject to these regulations.

a. Pin pilings or footings for decks are permitted provided that they do not impact the stability of the slope, as demonstrated by geotechnical studies; and

b. The installation and construction of streets and/or utilities, subject to the criteria and process set forth in RZC 21.76.070.E, Alteration of Geologic Hazard Areas.

a. Geotechnical studies shall be prepared by a qualified consultant to identify and evaluate potential hazards and to formulate mitigation measures;

b. Construction methods will reduce or not adversely affect geologic hazards;

c. Structures and improvements shall minimize alterations to the natural contour of the slope and foundations shall be tiered where possible to conform to existing topography;

d. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation;

e. Structures and improvements shall be clustered to avoid geologically hazardous areas;

f. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited;

g. Development shall be designed to minimize impervious surface coverage;

h. Disturbed areas should be replanted as soon as feasible pursuant to an approved landscape plan;

i. Clearing and grading regulations as set forth by the City shall be followed;

j. Use of retaining walls that allow maintenance of existing natural slope areas are preferred over graded artificial slopes;

k. Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be implemented during construction;

l. A master drainage plan shall be prepared for large projects as required by the City Engineer;

m. A monitoring program shall be prepared for construction activities permitted in geologically hazardous areas;

n. 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; and

o. Point discharges from surface water facilities and roof drains onto or upstream from an erosion or landslide hazard area shall be prohibited except as follows:

a. Summary of the existing biological communities and resources within and adjacent to the dredge site;

b. Assessment of the possibility of significant sediment contamination;

c. Description and evaluation of the proposed dredge spoil disposal site;

d. Specific data on the physical and chemical composition and structure of the dredge material, including:

e. Bioassays useful in determining the suitability of dredged material for a selected disposal option.

a. Result in significant and/or ongoing damage to water quality, fish, shellfish and other aquatic organisms essential to the biological functions of the waterbody; or

b. Adversely alter natural drainage and circulation patterns, water currents or flows, shoreline wave action or currents, or significantly reduce flood water capacities.

a. Dredge spoil disposal may be allowed in open water or the floodplain for the purposes of fish and wildlife habitat enhancement where such enhancement is authorized under an approved habitat enhancement or watershed plan.

b. Clean, uncontaminated dredge spoils may be recycled at the dredge site for a purpose specified in RZC 21.66.010, Purpose.

a. Dredge spoil interim processing (during construction) disposal sites shall be enclosed by a system of dikes, settling basins, and biofiltration swales and other facilities (temporary and/or permanent) of sufficient capacity to provide adequate water quality of entrapped water before it leaves the diked area or enters adjacent waters. Permanent landscaping with trees, shrubs, and groundcover shall be required; and where disposal sites are visible from public ways, landscape buffers may be required. Disposal or interim processing sites which have been completely filled shall be drained, graded to a maximum slope of 3:1, and visually incorporated into an approved landscape plan.

b. The proper management (routing, detention if warranted, and water-quality facilities) of surface discharge and runoff shall be provided to maintain the integrity of existing streams, wetlands, natural drainages, underground springs, and aquifers in accordance with an approved stormwater management plan.

c. Critical wildlife habitat, significant trees, and riparian vegetation shall not be significantly adversely affected.

d. Disposal shall occur on the smallest possible land area necessary to accommodate the proposed volume of material and meet the above standards, unless dispersed disposal is specifically designed and approved.

e. The selection of disposal sites shall meet all requirements and criteria of applicable regulatory agencies.

f. Dredged material disposal on land is also subject to the landfill regulations in the RMC 15.24, Clearing, Grading, and Stormwater Management, and RZC 21.64, Critical Areas Regulations.

a. The calculated EUIt;

b. The projected gross floor area of each building activity type, as defined in WAC Chapter 194-50;

c. Achievement of Level 1 or Level 2 EUIt targets for annual energy use as described in Section E.4.b of RZC Appendix 10, Green Building Program Requirements.

a. North side of creeks: All lands extending landward 200 feet from the ordinary high water mark plus all areas within the one percent numerical probability floodplain (100-year floodplain) as defined by the most recent Federal Emergency Management Agency map or study or best available data. Within the Friendly Village Mobile Home Park property, the Shoreline Jurisdiction shall comprise of those lands extending 200 feet from the ordinary high water mark on both sides of the creek.

b. South side of creeks: Those lands extending landward 200 feet from the ordinary high water mark.

a. Comprehensive Plan Shoreline Master Program Element.

a. RZC 21.68, Shoreline Regulations.

b. RZC 21.64, Critical Areas (Ord. 2259, dated May 28, 2005), with the exception of the following subsections:

d. 21.78, Definitions – Those specific to shorelines and so noted with an “SMP” following their definition.

e. RZC Chapters 21.08, 21.10, 21.14 and 21.15 Regulations: Urban Recreation, Residential, Downtown, and Commercial Zones – Those sections of the site requirements charts (and associated footnotes) establishing maximum height in the Shoreline Jurisdiction and waterfront building setbacks along Lake Sammamish, plus the following subsections specific to shoreline development:

f. RZC 21.08, Residential Zones.

g. RZC 21.14, Commercial Regulations.

h. RZC 21.04.2230, Wireless Communications Facilities.

i. RZC 21.76.070.U, Reasonable Use Exception (Critical Areas/Hazardous Liquid Pipelines and High Capacity Transit Corridor Preservation).

a. Policies.

b. Regulations.

a. “X” means that the use or activity is prohibited in the identified Shoreline Environment.

b. “P” means that the use or activity may be permitted by approval by the City of Redmond through a Letter of Shoreline Exemption or through a Shoreline Substantial Development Permit (RZC 21.68.200).

c. “C” means that the use or activity may be permitted by approval of the City of Redmond and Department of Ecology through a Shoreline Conditional Use Permit (RZC 21.76.050.H and 21.68.200). Uses that are not specifically prohibited under the following table or under RZC 21.68.050.C.2 may be authorized through a Shoreline Conditional Use Permit.

d. Shoreline Variances (RZC 21.76.050.H and 21.68.200) are intended only to grant relief from specific bulk, dimensional, or performance standards in the Shoreline Master Program, NOT to authorize shoreline uses and activities. They are therefore not included in the following table.

a. General. Uses identified under b are specifically prohibited in all Shoreline Environments. Shoreline uses, activities, or conditions listed as prohibited shall not be authorized through a variance, special use permit, conditional use permit, or any other permit or approval.

b. Prohibited Uses in all Shoreline Environments. The following uses are prohibited and subject to: