It is intended that all activities and land uses within Skagit County adhere to a common standard of environmental performance criteria. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to all uses in all zones, unless otherwise specified. (Ord. O20250005 § 2 (Exh. A))

Every use must be so operated that the ground vibration inherently and/or recurrently generated from use and/or equipment other than vehicles is not perceptible without instruments at any point on or beyond any zone district boundary in which the use is located. (Ord. O20250005 § 2 (Exh. A))

(1)    Any activity producing steam, heat, or glare must be carried on in such a manner that the steam, heat, or glare does not create a nuisance beyond the boundary lines of the property within which the use is located.

(2)    Building materials with high-light reflective qualities may not be used in construction of buildings where reflected sunlight would throw intense glare on adjacent areas.

(3)    Artificial lighting must use full cut-off fixtures so that direct light from high intensity lamps will not result in glare. Lighting must be directed away from adjoining properties so that not more than one foot-candle of illumination leaves the property boundaries. (Ord. O20250005 § 2 (Exh. A))

No activity may emit electrical disturbance adversely affecting the operation of equipment or appliances at any point beyond the boundaries of the location site of the use creating such disturbance. (Ord. O20250005 § 2 (Exh. A))

(1)    Noise generated by any use in any zone must comply with the standards set forth in SCC Chapter 9.50.

(2)    Except as otherwise provided, the maximum permissible environmental noise levels to be emitted to adjacent properties are not to exceed levels of the environmental designations for noise abatement (EDNA) as established by the State of Washington Department of Ecology, as they now exist in WAC Chapter 173-60, or as hereafter amended.

(3)    EDNA classifications correspond to zones established under this Title as follows:

(Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to all fences and fencing.

(2)    This Chapter does not apply to natural hedges. (Ord. O20250005 § 2 (Exh. A))

(1)    Fences on corner lots must meet the vision clearance requirements of SCC 14.28.110.

(2)    Setback requirements for fences are specified in SCC Chapter 14.28.

(3)    Front setback for fences in Guemes Island Overlay are specified in SCC 14.14.200. (Ord. O20250005 § 2 (Exh. A))

(1)    Razor wire is only allowed in commercial, industrial, and aviation-related zones, unless permitted as part of an essential public facility or utility development.

(2)    Barbed wire fencing material may not be installed more than five feet from grade. This provision does not apply:

(a)    In commercial, industrial, and aviation-related zones;

(b)    When permitted as part of an agricultural use, essential public facility, marijuana production/processing facility, utility development, or wireless facility; and

(c)    To wildlife fencing. (Ord. O20250005 § 2 (Exh. A))

(1)    The ordinance codified in this Chapter was developed under the directives of the Growth Management Act to designate and protect critical areas.

(a)    “Critical areas” are wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas.

(b)    Critical areas regulations are designed to protect the public from threats to human safety, to protect the environment and enhance quality of life, and to preserve environmentally sensitive areas that provide ecological functions valuable to the public.

(2)    Critical areas are dynamic natural systems that are a part of Skagit County’s changing landscape. Critical areas are designated, classified, and assigned protections using scientifically based criteria. Critical area reports commonly rely on agency issued maps and site-specific studies. The use of critical area reports conducted by a qualified professional is central to the management approach developed under this Chapter.

(3)    This Chapter authorizes the staff of Planning and Development Services to conduct site inspections, preliminary reviews, and pre-application meetings to assist in the identification of critical areas and to condition development permits, approvals, and compliance actions in accordance with the provisions of this Chapter. In the event that hardships and grievances occur, this Chapter provides reasonable use exceptions, variances, and appeals. Skagit County will work with the landowner in the management of critical areas. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

(1)    This Chapter shall be known as the Skagit County Critical Areas Ordinance, and is adopted to assist in conserving the value of property, safeguarding the public welfare, ensuring no net loss of ecological functions and providing protection for the following critical areas:

(2)    Types of Critical Areas.

(a)    Wetlands. Wetlands serve many important ecological and environmental functions and help to protect public health, safety and welfare by providing flood storage and conveyance and erosion control, while also providing fish and wildlife habitat, recreation, water quality protection, water storage, education, scientific research opportunities and other public benefits. It is the purpose of this Chapter to protect these functions and values.

(b)    Frequently Flooded Areas. The purpose of this Chapter is to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas according to the provisions established under SCC Chapter 14.34 (Flood Damage Prevention).

(c)    Critical Aquifer Recharge Areas. Potable water is an essential life-sustaining element. Much of Skagit County’s drinking water comes from groundwater supplies, which also provide base flows to protect aquatic resources, including fish habitat. Once groundwater is contaminated or depleted, it is difficult, costly, and sometimes impossible to clean up or to recharge. It is the purpose of this Chapter to prevent contamination and depletion of groundwater, and to avoid exorbitant cleanup costs, hardships and potential physical harm to people and aquatic resources.

(d)    Geologically Hazardous Areas. Geologically hazardous areas include areas susceptible to the effects of erosion, sliding, earthquake, or other geologic events. They pose a threat to the health and safety of citizens when incompatible residential, commercial, industrial, or infrastructure development is sited or when land disturbing activities occur in areas of a hazard. It is the purpose of this Chapter to protect life, property, and resources. Steep slopes are destabilized by inappropriate activities and development or when structures or facilities are sited in areas susceptible to natural or human-caused geologic events. Some geologic hazards can be reduced or mitigated by engineering, design, or modified construction practices so that risks to health and safety are acceptable. When technology cannot reduce risks to acceptable levels, building and other construction within identified geologically hazardous areas will be prohibited.

(e)    Fish and Wildlife Habitat Conservation Areas. In addition to their intrinsic value, certain species of fish and wildlife represent important historic, cultural, recreational and economic resources. It is the purpose of this Chapter to protect fish and wildlife populations and their associated habitats and provide special consideration to conservation or protection measures necessary to preserve or enhance anadromous species. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

The ordinance codified in this Chapter is adopted under the authority of Chapters 36.70 and 36.70A RCW, and Article 11 of the Washington State Constitution. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

(1)    Applicability. This Chapter applies to all land uses and developments taking place within the geographical areas that meet the definitions and criteria for critical areas regulation as set forth in this Chapter.

(2)    Relationship to Other Regulations.

(a)    If other provisions Skagit County Code conflict with this Chapter, or if provisions of this Chapter conflict, the more protective provision applies unless the Code specifically provides otherwise.

(b)    Nothing in these regulations eliminates or otherwise affects the responsibility of an applicant or property owner to comply with all other applicable local, State, and Federal regulations and permits that may be required.

(3)    Relationship to other Federal, State, Tribal, and Local Jurisdictional Agencies’ Regulations. Many State, Federal, and other regulations apply to land use and development within critical areas. Applicants and landowners are responsible for complying with all applicable local, State, and Federal regulations and permit requirements, apart from the process established in this Chapter.

(4)    Jurisdictional Substitution. If another agency possesses jurisdiction over activities within critical areas and the other agency’s permit conditions or other legal requirements satisfy the requirements of this Chapter, the applicant may request those requirements substitute for the requirements of this Chapter.

(a)    The request for substitution must be made in writing and include the other agency’s permit conditions or other legal requirements that satisfy the requirements of this Chapter.

(b)    If the Director approves the request for jurisdictional substitution, the other agency’s requirements will be a condition of critical areas approval and be enforceable by the County.

(c)    Agencies who permit conditions and other legal requirements may satisfy the requirements of this Chapter include: the United States Army Corps of Engineers, Environmental Protection Agency, and Fish and Wildlife Service; local Tribes; and the Washington State Department of Ecology, Department of Natural Resources and Department of Fish and Wildlife.

(5)    Jurisdictional Coordination. In addition to the provisions established in this Chapter, the County will coordinate its own programs with those of other public and private organizations to enhance management of critical areas in Skagit County. Coordination may apply to development applications, code enforcement, and emergencies. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

(1)    With the exception of the flood insurance rate map used to designate certain frequently flooded areas, wellhead protection area maps maintained by Washington State Department of Health, sole source aquifers designated by the United States Environmental Protection Agency, and the Skagit County Final Shoreline Area Designation Map (5/83 or as revised), Skagit County’s critical areas maps are provided only as a general guide to alert the user to the possible distribution, location, and extent of critical areas. Map identification of critical areas provides only approximate boundaries and locations in Skagit County. The actual locations and boundaries of critical areas, as well as their quality and quantity, must be based upon the presence of the features applicable to each critical areas element in this Chapter. Maps will not be considered a regulatory standard or substitute for site-specific assessments. The controlling factor in determining the actual presence and extent of critical areas is the application of definitions, methodologies, and performance standards under the critical areas report requirements provided in this Chapter.

(2)    Skagit County will utilize data from natural resource agencies as a source of best available science when reviewing sites and critical areas reports. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

(1)    Authorization Required.

(a)    The Director’s written authorization is required for any land use or development activity that can impair the functions and values of critical areas or their buffers, including suspect or known geologically hazardous areas.

(b)    Impairment of the functions and values of critical areas or their buffers may occur by disturbance of the soil or water, by removal of, or damage to, existing vegetation, or any other action creating an impact to a critical area of its buffer.

(c)    The landowner, or designee, who conducts or proposes to undertake land use or development activities that can adversely impact critical areas or their buffers must obtain County authorization prior to commencing such activities.

(2)    Application for Authorization. Applications for authorization must include:

(a)    A description of the proposed activity;

(b)    A site plan showing the location of the proposed activity and associated area of disturbance in relation to all known critical areas or critical areas indicators; and

(c)    If any previous critical area studies have been conducted on the property:

(i)    Copies of the studies and any decisions of the County related to critical areas; or

(ii)    The County’s application number associated with the critical areas review.

(3)    Relationship to Development Permits.

(a)    Authorizations required under this Chapter overlay other permit and approval requirements of the Skagit County Code.

(b)    If a County development permit or approval is not required for a land use or development activity that can impair the functions and values of critical areas or their buffers must comply with the substantive and procedural requirements of this Chapter.

(c)    Critical areas review pursuant to this Chapter must be conducted prior to or during review of a development application.

(d)    No land use development permit, land division, development approval, or other County authorization required by County ordinance will be granted until the applicant has obtained authorization under this Chapter or otherwise demonstrated compliance with any applicable provisions of this Chapter.

(4)    Conflicts With Other Provisions. If any provision of this Chapter conflicts with any other applicable provision of the Skagit County Code, the more restrictive provision will apply unless specifically excepted in this Chapter.

(5)    SEPA Compliance. The goals, policies and purposes set forth in this Chapter will be considered policies of Skagit County under the State Environmental Policy Act. When applicable the applicant must meet SEPA requirements pursuant to SCC Chapter 16.12.

(6)    Other Permits Required. Other City, County, State, and/or Federal permit conditions may apply to the proposed action, and that compliance with the provisions of this Chapter may not necessarily constitute compliance with other such requirements. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

(1)    The developments, land use activities, and associated uses listed below in Subsection (2) of this Section are allowed without standard critical areas review.

(a)    Developments and land use activities allowed without standard review must:

(i)    Be conducted in a manner that recognizes the risk to, and causes the least impact to, critical areas and their buffers; and

(ii)    Be consistent with other applicable provisions of this Chapter and other chapters of the Skagit County Code.

(b)    Developments and land use activities allowed without standard review are not permitted to damage a critical area.

(c)    If any damage is caused to a critical area or buffer in connection with such activity, the critical area and its buffer must be restored to the extent feasible. The applicant and/or landowner is responsible for notifying the Director if any damage occurs and must provide all necessary restoration or mitigation.

(d)    Developments and land use activities allowed without standard review may require a floodplain development permit if within the special flood hazard area (SFHA), and therefore may require a habitat impact assessment pursuant to SCC 14.34.220.

(2)    Developments and Land Use Activities Allowed Without Standard Review.

(a)    Emergencies That Threaten Public Health, Safety and Welfare.

(i)    Developments and land use activities required to respond to an emergency that threatens public health, safety, and welfare is allowed without standard review.

(ii)    An “emergency” is an unanticipated and imminent threat to the public health or safety or to the environment which requires immediate action within a period of time too short to allow full compliance with this Chapter.

(iii)    Emergency actions that create an impact to a critical area or its buffer must use reasonable methods that can address the emergency but also that have the least possible impact to the critical area or its buffer.

(iv)    The person or agency undertaking such action must restore the critical area and buffer after the emergency to the extent feasible.

(v)    The person or agency undertaking such action must notify the Director within one working day or as soon as practical following commencement of the emergency activity.

(A)    Following such notification, the Director will determine if the action taken was within the scope of the emergency actions allowed in this Subsection.

(B)    If the Director determines that the action taken or any part of the action taken was beyond the scope of allowed emergency actions, then the enforcement provisions of SCC Chapter 14.09 (Enforcement Procedures) will apply.

(b)    Existing Agricultural Activities.

(i)    Existing activities defined as ongoing agriculture on designated agricultural land, including related existing development and activities which do not result in expansion into a critical area or its buffer and which do not result in significant adverse impacts to a critical area or its buffer; provided, that such activities comply with the provisions of SCC 14.24.120.

(ii)    New development and/or expansion of existing agricultural operations must comply with both the substantive and procedural provisions of this Chapter. Existing and ongoing agricultural activities that result in significant adverse impacts to a critical area or its buffer will not be allowed without standard review under this Chapter.

(c)    Maintenance and Repair.

(i)    Normal and routine maintenance or repair of existing structures, utilities, sewage disposal systems, potable water systems, drainage facilities, detention/retention ponds, or public and private roads and driveways associated with pre-existing residential or commercial development, provided any maintenance or repair activities must use best management practices (BMPs) with the least amount of potential impact to the critical areas and any impact to a critical area or its buffer must be restored after the maintenance to the extent feasible.

(ii)    Normal maintenance, repair, or operation of existing structures, facilities, and improved areas accessory to a single-family residential use established prior to June 13, 1996, or otherwise established in accordance with this Chapter, provided any maintenance or repair activities must use reasonable methods with the least amount of potential impact to the critical areas and any impact to a critical area or its buffer must be restored after the maintenance to the extent feasible. This allowance must not be construed as applying to agricultural activities undertaken outside of the Agriculture-NRL or Rural Resource-NRL zoning districts.

(d)    Modification of Structure.

(i)    Modification of an existing single-family residence that does not change the use from residential, does not expand the building footprint, does not increase septic effluent, and does not adversely impact critical areas or their buffers. This allowance does not apply to the replacement of a single-family residence.

(ii)    Modification of an existing structure other than a single-family residence which does not expand the building footprint, alter the use or increase septic effluent, pursuant to the requirements of the nonconforming use and structure provisions in SCC Chapter 14.16, and does not adversely impact critical areas or their buffers. This allowance does not apply to replacement of an existing structure, nor does it exclude review for compliance with CARA requirements as changes of use may include risks to groundwater contamination.

(e)    Operation and Maintenance of Public and Private Diking and Drainage Systems.

(i)    This exemption applies to the lawful operation and maintenance of public and private diking and drainage systems which protect life and property along the Skagit and Samish Rivers and delta agriculture in Skagit County.

(ii)    This exemption does not apply to public or private activities that expand the levee, dike, or drain beyond its design characteristics as of June 1, 1999, the time of adoption of this Subsection; nor activities that expand or create new facilities.

(f)    Research. Education and scientific research activities which do not adversely impact critical areas or their buffers. In every case, critical areas impacts must be minimized and disturbed areas must be immediately restored.

(g)    Site Investigations. Site investigation work necessary for land use applications such as surveys, soil logs and other related activities which does not adversely impact critical areas or their buffers. In every case, critical areas impacts must be minimized and disturbed areas must be immediately restored.

(h)    Artificial Watercourses for Irrigation and Drainage. Activities in or adjacent to watercourses which were constructed and are actively maintained for irrigation and drainage by diking, drainage, and irrigation improvement districts formed pursuant to RCW Title 85; provided, that any activity must comply with relevant State and Federal regulations.

(i)    Landscaping. Maintenance activities, such as mowing and normal pruning; provided, that such maintenance activities are limited to existing landscaping improvements established prior to June 13, 1996, or otherwise established in accordance with this Chapter, and do not expand into critical areas or associated buffers, do not expose soils, do not alter topography, do not destroy or clear native vegetation, and do not diminish water quality or quantity. This allowance must not be construed as applying to agricultural activities undertaken outside the Agriculture-NRL or Rural Resource-NRL zoning districts.

(j)    Nature Enhancement.

(i)    Fish, wildlife, wetland and/or riparian buffer enhancement activities not required as mitigation, such as native plant and mulch installation and/or reasonable removal of nonnative vegetation, provided all of the following apply:

(A)    The project is consistent with this Chapter and does not harm critical areas or their buffers;

(B)    The subject property is not located in a high landslide hazard area; and

(C)    New or expanded buffer enhancement activities that require heavy equipment or instream work require notification of the enhancement activities to be submitted to the Director.

(ii)    Fish, wildlife, wetland and/or riparian buffer enhancement activities not required as mitigation and specifically approved by the U.S. Department of Fish and Wildlife, U.S. Army Corps of Engineers, the Washington State Department of Fish and Wildlife or the Washington State Department of Ecology. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20110013 Attch. A (part); Ord. O20110008 (part): Ord. O20080014 (part))

(1)    Review of application for authorization.

(2)    Review Procedures.

(a)    Upon receipt of a complete application, the Director will determine if standard review is required.

(b)    Standard review is required if:

(i)    A critical area or its buffer is present and the land use or development activity could impair the functions and values of the critical area or its buffers;

(ii)    The activity is not allowed without standard review under SCC 14.24.070;

(c)    When Standard Review Is Not Required. If the Director determines that the proposed activity is allowed without standard review, then:

(i)    No further critical areas review will be required, except as necessary for the Director to ensure that any conditions for such an allowance are met in practice.

(ii)    The Director must note the determination in the application file and provide written authorization for the project or activity to proceed as proposed in the application when undertaken in accordance with any conditions for such an allowance.

(d)    If the proposed activity requires standard review, the Director must determine whether critical areas or their buffers are present and may be affected by the proposed activity.

(i)    Critical areas or their buffers are present if either is within 300 feet, or a distance otherwise specified in this Chapter, from the proposed activity or may be affected by the proposed activity.

(ii)    To determine if critical areas or their buffers are present, the Director will:

(A)    Review the critical areas application together with the publicly available maps and other critical areas resources identified in the relevant sections of this Chapter; and

(B)    Complete the critical areas staff checklist; and

(C)    Inspect the site; and

(D)    Complete the critical areas inspection checklist.

(3)    Determination That Critical Areas Are Not Present or Affected.

(a)    If the Director determines that critical areas or critical area buffers are not present within 300 feet of the proposed activity or within a distance otherwise specified in this Chapter; or

(b)    The project is a subdivision pursuant to SCC 14.76.200 that does not include additional development as defined under SCC 14.04.020;

(i)    All subsequent development on the segregated home site and/or remainder parcel will require complete standard critical areas review pursuant to this Chapter; or

(c)    The project does not expand an existing single-family residence by more than 200 square feet of floor area, does not adversely impact and is not located closer to critical areas or their buffers, and does not alter the use or increase septic effluent; or

(d)    The project does not expand an existing structure, other than a single-family residence, by more than 200 square feet of floor area, does not alter the use or increase septic effluent, pursuant to the nonconforming use and structure provisions of Chapter 14.16 SCC, and does not adversely impact or encroach into critical areas or their buffers; then

(e)    The review required pursuant to this Chapter is complete.

(f)    The Director will ensure that the proposed activity is undertaken as described in the application and as shown on the site plan. The determination will be noted in the application file and written authorization will be provided. This determination does not constitute approval of any use or activity nor its compliance with the requirements of this Chapter, outside the scope of that stated in the application. Any proposed change in use or scope of activity from that contained in the application will be subject to further review under this Chapter.

(4)    Determination That Critical Areas Are Present or Affected.

(a)    Either prior to or during review of a development application, the Director will make an initial assessment based on a site inspection and other information as to whether:

(i)    Wetland indicators are present within 300 feet of the proposed development. If a site inspection does not indicate the presence of wetland indicators on the subject property or within 300 feet of the subject property, no additional wetland assessment will be required.

(ii)    Any other critical area type described in SCC 14.24.020 is present within 200 feet of the proposed development. If a site inspection does not indicate a critical area on or within 200 feet of the subject property, no additional critical area assessment will be required.

(iii)    A project site is within the special flood hazard area, and a regulated watercourse is within 250 feet of the subject property.

(b)    If the Director determines that critical area indicators are present within 200 feet of the proposed activity or within a distance otherwise specified in this Chapter, then the Director will note this determination in the application file and the applicant will be required to provide the critical areas report specified in this Chapter.

(5)    Critical Area Report.

(a)    Preparation of a critical area report may precede a County site visit; provided, that no disturbance of vegetation or land surface occurs prior to County authorization. If the applicant chooses, the site assessment may be limited to 300 feet surrounding a proposed development only if there are no other relevant activities occurring or proposed on the remainder of the parcel which are relevant to this Chapter.

(b)    If the applicant, together with assistance from the Director, cannot obtain permission for access to properties within 300 feet of the project area, then the site assessment will estimate off-site critical areas and potential on-site buffer encumbrances.

(c)    The critical area report must be completed as follows:

(i)    The site assessment must be prepared by a qualified professional for the type of critical area or areas involved and must contain the information specified for each type of critical area. The qualified professional may consult with the Director prior to or during preparation of the site assessment to obtain County approval of modifications to the contents of the critical areas report.

(ii)    The site assessment must use scientifically valid methods and studies in the analysis of critical areas data and field reconnaissance and reference the source of science used.

(iii)    The critical areas report must include:

(A)    Project description that includes a detailed narrative describing the project or land disturbing activity, its relationship to the critical area and its potential temporary and permanent impacts to critical areas and other relevant information; and

(B)    A copy of the site plan for the project proposal including a map to scale depicting critical areas, buffers, the development proposal, and any areas where land disturbance, including clearing and grading is proposed; and

(C)    Identification and characterization of all critical areas and buffers within the specified area of review; and

(D)    An assessment of the probable direct and indirect impacts to the critical area(s) and buffer(s) resulting from the proposed development; and an assessment of the cumulative impacts to the critical area resulting from the existing and proposed development; and

(E)    A conceptual description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations; and

(F)    A detailed analysis demonstrating the proposal meets mitigation sequencing requirements pursuant to Subsection (6) of this Section; and

(G)    If necessary, a proposed compensatory mitigation plan including estimated cost for financial assurance, land use restrictions and landowner management, maintenance and monitoring responsibilities; and

(H)    Regulatory analysis including a discussion of any Federal, State, Tribal, and/or local requirements, including but not limited to the Shoreline Management Master Program, or special management recommendations which have been developed for species and/or habitats located on the site;

(I)    Designate a maintenance corridor to provide an area for construction and maintenance of buildings and other structures. The standard width of the maintenance corridor is 15 feet;

(J)    If necessary, a critical aquifer recharge area protection plan.

(d)    If necessary to ensure compliance with this Chapter, the Director may require additional information from the applicant, separate from the critical areas report.

(6)    Mitigation Sequencing Requirement.

(a)    The sequence of mitigation is defined below:

(i)    Avoid the impact altogether by not taking a certain action or parts of an action;

(ii)    Minimize the impacts 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 impacts;

(iii)    Rectify the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project or activity;

(iv)    Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action;

(v)    Compensate for the impact by replacing, enhancing, or providing substitute resources or environments;

(vi)    Monitor required compensation and take remedial or corrective measure when necessary.

(7)    General Mitigation Requirements.

(a)    Mitigation. All proposed alterations to critical areas or associated buffers require compensatory mitigation sufficient to provide for and maintain the functions and values of the critical area or to prevent risk from a critical areas hazard and must give adequate consideration to the reasonable and economically viable use of the property.

(8)    Financial Assurance. The Director will require the mitigation proposed in the critical areas report to be completed prior to final approval of the development permit. For all projects with an estimated mitigation cost of $10,000 or more, the Director will require financial assurance which will guarantee compliance with the mitigation plan if the mitigation proposed in the critical areas report cannot be completed prior to final approval of the development permit. Financial assurance must be in the form of either a surety bond, performance bond, assignment of savings account or an irrevocable letter of credit guaranteed by an acceptable financial institution with terms and conditions acceptable to the County Prosecuting Attorney, must be in the amount of 125 percent of the estimated cost of the uncompleted actions or construction, and must be assigned in favor of Skagit County Planning and Development Services. The term of the financial assurance must remain in place until the required mitigation is complete. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20230001 § 1 (Att. 2); Ord. O20080014 (part))

(1)    PCA. Approval of projects which trigger a development permit and/or other land use activities that require critical areas report(s) require the identification and designation of PCAs. PCAs must include all critical areas and their associated buffers as well as all areas on the parcel not investigated for critical areas. PCAs must be depicted on a site plan, suitable for recording, and include all critical areas and associated buffers which have been identified through the critical areas report process. The designation of PCAs does not exclude sites from additional or updated assessment following the requirements established by this Chapter.

(a)    Except for the allowances under SCC 14.24.070(2)(j), the PCA must be left undisturbed in its natural state. No clearing, mowing, grading, filling, logging, or removal of woody material; building; construction or road construction of any kind; planting of nonnative vegetation or occupation by livestock is allowed within the PCA areas except as specifically permitted by Skagit County on a case-by-case basis.

(2)    PCA Field Identification and Buffer Edge Markers.

(a)    Temporary Markers. During construction phases of development, distinct temporary marking consisting of flagging and/or staking must be maintained along the outer limits of the delineated PCA or the limits of the proposed site disturbance outside of the PCA. Prior to the start of construction activity, and as necessary during construction, temporary markings will be inspected by the Director or qualified professional. Written confirmation is to be included in the record as to whether or not the flagging has been installed consistent with the permit requirements prior to commencement of the permitted activity.

(b)    Permanent Buffer Edge Markers. Except as provided under Subsection (2)(b)(i) of this Section, the outer edges of all PCAs, with the exception of critical aquifer recharge areas, must be clearly marked on site by the applicant or landowner with permanent stakes and critical areas markers. Critical areas markers must be County-approved critical areas signs. Installation of permanent markers is the responsibility of the landowner.

(i)    The Director may waive or modify the requirement for permanent buffer edge markers; provided, that any such decision will be based on a site-specific determination that future verification of PCA locations will not be substantially more difficult without the placement of permanent markers and that such waiver or modification will not result in reduced long-term protection of critical areas.

(ii)    Permanent markers must be placed to locate the edge of the PCA. The permanent markers must be placed every 50 feet along the buffer edge, or one per lot, whichever is greater. The spacing intervals of the markers must be such as to provide comparable accuracy of line-of-sight determination of buffer edges. The locations of all required markers or fences must be shown on the plat map or site plan recorded with the Auditor.

(c)    Signs or Fencing Required as Part of Critical Area Mitigation. The Director will require permanent signs or fencing where the Director determines that it is a necessary component of a mitigation plan. The intent is to provide clear and sufficient notice, identification, and protection of critical areas on site where damage to a critical area or buffer by humans or livestock is probable due to the proximity of the adjacent activity.

(d)    Sign, Marker and Fence Maintenance. It is the responsibility of the landowner, or any subsequent landowner, to maintain the required PCA markers, signs or fences in working order throughout the duration of the development project or land use activity. “Maintenance” includes any necessary replacement. Removal of required signs, markers or fences without prior written approval of the Director is considered a violation of this Chapter.

(3)    PCA Recording and Binding Agreements.

(a)    All PCAs must be recorded with the County Auditor in accordance with the procedures established under this Section. The applicant is responsible for all fees and other costs associated with recording of PCAs.

(b)    Binding Agreements. For each project or activity that requires recording of PCAs, the following information must be recorded with the Auditor, using forms provided by Planning and Development Services, as part of a binding agreement between the landowner and the County which will run with the land and be readily available to the public upon request:

(i)    Binding agreement signed by the landowner and the Director which stipulates any special conditions of approval, protective covenants, binding conditions, or other requirements such as use restrictions, required mitigation, and/or landowner maintenance or monitoring requirements established at the time of approval;

(ii)    Reference to the County file containing the completed CAO review of information pertaining to approval of the project or activity.

(4)    PCAs on Pre-Existing Lots.

(a)    For development proposals and other land use activities on pre-existing lots, not part of a proposed land division or other form of multiple lot development, PCAs must be identified on a scaled site plan showing the location of the PCA, structures (existing and proposed) and their distances from the PCA and lot lines to show relative location within the subject parcel(s). All PCAs must include the necessary labeling to show calculated area (in square feet or acreage), and type or category of critical area designated.

(b)    Ingress and Egress. Owners of PCAs must grant ingress and egress by the Director for monitoring and evaluation of compliance with established conditions of approval, binding conditions or any required mitigation.

(5)    PCA Designations for New Land Divisions.

(a)    For land divisions where critical areas have been identified through critical areas reports, all PCAs must be placed into separate tracts or easements, whose uses will be regulated by the provisions of this Chapter. Areas within a PCA can be included in the total acreage for development purposes and may be used in lot area or density calculations. PCAs may be owned and maintained by the owner of the lot of which they are a part or transferred to another owner, such as the County, homeowners association, or land trust. See SCC 14.24.170 regarding incentives that may be available for lands designated as PCAs.

(b)    If the development project is a CaRD application and is within a natural resource land, the remainder parcel must be put into Os-PA or Os-NRL and will have all of the constraints that are set forth in this Chapter.

(c)    Recording. PCA designations must be recorded with the Auditor as part of the plat approval process. The Auditor file number referencing the PCA easement must be on the face of the plat and its provisions must run with the land.

(d)    PCA Plat Map Descriptions. The location of PCAs must be clearly identified on preliminary and final plat maps. PCAs must be labeled using the letters A through Z, or another labeling system approved by the Director. If a survey was not used to map the critical area, a note on the final plat map must be recorded stating that a legal survey was not performed to delineate the critical area and that the surveyor is not incurring liability for the exact boundaries of the critical area on the plat map. All PCAs must include the necessary labeling to show calculated area (in square feet or acreage), and type and/or category of critical areas within each lot. This information must be noted on the face of the approved plat.

(e)    PCA Maintenance. The PCA is to be left undisturbed in its natural state. No clearing, mowing, grading, filling, logging, or removal of woody material; building; construction or road construction of any kind; planting of nonnative vegetation or occupation by livestock is allowed within the PCA areas except as specifically permitted by Skagit County on a case-by-case basis.

(f)    Ingress, Egress and Use. Owners of PCAs must grant ingress and egress by the Director for monitoring and evaluation of compliance with established conditions of approval, binding conditions or any required mitigation. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20090010 Attch. 1 (part); Ord. O20080014 (part))

(1)    The Director will make a determination of whether to authorize the proposed activity based on the critical areas report, critical areas reports, and other available critical areas information or as otherwise provided by this Code.

(2)    A determination to authorize a proposal will include designation of protected critical areas (PCAs) pursuant to SCC 14.24.090 and stipulation of binding conditions and required protection, mitigation, monitoring, maintenance or other conditions of approval pursuant to this Chapter.

(a)    If the Director determines that there are no conditions under which the proposed activity could be approved, then the Director must deny the proposal.

(b)    Formal determinations made by the Director must include the basis and rationale for the determination, as well as detailed specification of related conditions of approval, land use prohibitions, and required landowner mitigation, management, monitoring and/or maintenance.

(c)    Complete Record. A complete record of all formal determinations by the Director, along with related critical areas reports, binding agreements, conditions of approval, land use prohibitions and required mitigation, must be maintained by the County and made available to the public upon request, pursuant to RCW Chapter 40.14.

(d)    Option to Apply for a Reasonable Use Exception. If the strict application of this Chapter would deny all reasonable and economically viable use of the property, then the applicant may apply for a reasonable use exception pursuant to SCC 14.24.140.

(e)    Option to Apply for a Variance. If the strict application of this Chapter would result in an unreasonable and unusual hardship, then the applicant may request a variance from one or more of the dimensional requirements of this Chapter as described in SCC 14.24.150.

(3)    Reopening of Review Process.

(a)    If at any time prior to completion of the public input process on the associated permit or approval, the Director receives new evidence that a critical area or a critical area buffer may be present within 300 feet of the project area or within a distance otherwise specified in this Chapter, then the Director will reopen the critical areas review process pursuant to this Chapter and will require whatever level of critical areas review and mitigation as is required by this Chapter.

(b)    Once the public input process on the associated permit or approval is completed and the record is closed, then the Director’s determination for the permit or approval regarding critical areas pursuant to this Chapter must be final, unless appealed as described in SCC 14.24.730; provided, however, that the Director will not be prevented from reopening the critical areas review process if County staff relied on misinformation provided by the applicant in the application or checklist, site conditions have changed, or if new information is available. Prior to reopening a critical areas review under this Subsection, the Director must make a site visit. No critical areas review will be reopened for a permit or approval under this Section unless the Director determines, after the site visit, that the applicant provided misinformation, site conditions have changed, or if new information is available.

(c)    If a critical areas review for a permit or approval is reopened under this Subsection after a permit or approval is granted, the burden of proof on whether the applicant submitted misinformation at the time of the submittal of the checklist will be on the Director. The fact that the applicant no longer owns the subject property at the time the Director discovers the misinformation, site conditions have changed, or if new information is available will not inhibit reopening critical areas review. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

Repealed by Ord. O20250011. (Ord. O20240005 § 1 (Exh. A); Ord. O20110007 Attch. 1 (part); Ord. O20090010 Attch. 1 (part); Ord. O20080014 (part))

(1)    Purpose and Intent. The purpose of this Section is to address two mandates under the Growth Management Act (GMA): first, to protect the existing functions and values of fish and wildlife habitat conservation areas (FWHCAs) in and adjacent to natural, managed watercourses with headwaters, and managed watercourses without headwaters as defined in SCC 14.04.020 (collectively “watercourses”), and second, to conserve and protect agricultural lands of long-term commercial significance, specifically those lands in ongoing agricultural activity as defined by SCC 14.04.020 that are located adjacent to these watercourses.

(a)    For purposes of this Section, “existing functions and values” means the following:

(i)    Water quality standards identified in WAC Chapter 173-201A, including the provisions that account for natural or baseline conditions.

(ii)    The existing presence or absence of large woody debris within the watercourse.

(iii)    The riparian vegetation characteristics and width, including but not limited to the amount of shade provided by the riparian vegetation at the time the VSP was adopted.

(iv)    The existing channel morphology.

(b)    Because many of the areas that are the subject of this Section are located in the Skagit and Samish River deltas or floodplains, where substantial diking and drainage infrastructure have been constructed and where various diking and drainage districts have lawful obligations to maintain agricultural and other drainage functions and infrastructure as established in RCW Titles 85 and 86, this Section also must accommodate those ongoing diking, drainage, and flood control functions.

(c)    It is the goal of Skagit County to administer the provisions of this Section consistent with local, State, and Federal programs, statutes and regulations to protect the health, welfare, and safety of the community, to accommodate continued operation and maintenance of the diking, drainage, and flood control infrastructure and to protect agriculture, natural resources, natural resource industries, and fish and wildlife habitat conservation areas in and adjacent to watercourses. This Section is intended, to the maximum extent possible, to rely on and coordinate with but not substitute for or duplicate other State and Federal programs, statutes, and regulations that address agricultural activities in a manner that protects water quality and fish habitat. This Section is intended to supplement those existing State and Federal programs, statutes, and regulations only in those areas where the County has determined existing programs do not fully address GMA requirements to protect FWHCAs in and adjacent to watercourses and to conserve agricultural lands of long-term commercial significance.

(d)    Skagit County hereby elects to enroll the entirety of unincorporated Skagit County, and all its watersheds, in the Voluntary Stewardship Program established by Engrossed Substitute House Bill 1886 (2011). Skagit County intends the Voluntary Stewardship Program, in conjunction with the provisions of this Section and Chapter, to protect critical areas in areas of agricultural activity.

(2)    Applicability. Except as may otherwise be required by ESHB 1933, Chapter 321, Laws of 2003, for agricultural lands located within the jurisdiction of the Shoreline Management Act, RCW Chapter 90.58, this Section will apply to the following:

(a)    As defined in SCC 14.04.020, all ongoing agriculture (including operation and maintenance of agricultural drainage infrastructure) which is located within 200 feet from a watercourse, or any ongoing agriculture (including operations and maintenance of agricultural drainage infrastructure) that adversely impacts the existing functions and values of a watercourse is subject to the requirements of this Section. Isolated, artificial watercourses that have no channelized surface hydraulic connection or no piped hydraulic connection between the artificial watercourse and any natural or modified natural watercourse or any salt water will not be subject to the requirements of this Section. Drainage tile used to convey groundwater will not be considered a piped hydraulic connection.

(b)    The provisions of this Section must not be interpreted to permit expansion of ongoing agriculture (including agricultural drainage infrastructure) into areas that did not meet the definition of ongoing agriculture on May 13, 1996, including lands that were fallow on that date but had been in agricultural production within five years prior to that date, unless such expansion can comply with all of the requirements for critical areas protection found in this Chapter, including but not limited to the requirement to adhere to the standard critical areas buffers and setbacks.

(c)    In this Section, the term “best management practices” (BMPs) refers to one or all definitions of that term in SCC 14.04.020, depending on which definition is relevant within the context used.

(d)    Agricultural operations that do not meet the definition of ongoing agriculture are required to comply with the other provisions of this Chapter.

(3)    No Harm or Degradation Standard.

(a)    All ongoing agricultural activities must be conducted so as not to cause harm or degradation to the existing functions and values of FWHCAs in and adjacent to watercourses (the “no harm or degradation” standard). For purposes of this Section, the phrase “no harm or degradation” means the following:

(i)    Meeting the State water pollution control laws; and

(ii)    Meeting the requirements of any total maximum daily load (TMDL) water quality improvement projects established by the Department of Ecology (ECY) pursuant to RCW Chapter 90.48; and

(iii)    Meeting all applicable requirements of RCW Chapter 77.55 (Hydraulics Code) and WAC Chapter 220-110 (Hydraulics Code Rules); and

(iv)    Meeting the specific watercourse protection measures for ongoing agriculture specified in Subsection (4) of this Section; and

(v)    No evidence of significant degradation to the existing fish habitat characteristics of the watercourse from those characteristics identified in the baseline inventory described in Resolution No. R20040211 that can be directly attributed to the agricultural activities that are described in this Section.

(b)    The references to RCW Chapters 77.55 and 90.48 and WAC Chapters 173-201A and 220-110 contained in this Subsection must not be interpreted to replace ECY and the Washington Department of Fish and Wildlife (WDFW) authority to implement and enforce these State programs with County responsibility to do so, but rather are intended to provide County input and a supplemental County involvement as needed to implement the County’s GMA obligations under this Section.

(c)    Reserved.

(d)    An owner or operator is responsible only for those conditions caused by agricultural activities conducted by the owner or operator and is not responsible for conditions that do not meet the requirements of this Subsection resulting from the actions of others or from natural conditions not related to the agricultural operations. In those situations where the County is presented with data showing a violation of a State water quality standard at a particular location, but where the County cannot identify any condition or practice existing or occurring at a particular agricultural operation that is causing the violation, the County will refer the information regarding the State water quality violation to ECY and must follow other procedures described in SCC 14.44.085. Conditions resulting from unusual weather events (such as a storm in excess of 25-year, 24-hour storm) or other exceptional circumstances that are not the product of obvious neglect are not the responsibility of the owner or operator, but will be subject to the requirements for emergency actions described in SCC 14.24.070(1).

(4)    Required Watercourse Protection Measures for Ongoing Agriculture in Fish and Wildlife Habitat Conservation Areas (FWHCA). Unless the emergency provisions of SCC 14.24.070(1) apply, the following watercourse protection measures are required:

(a)    Livestock and Dairy Management. Livestock and dairy operations must not contribute any wastes or sediments into a natural or modified natural watercourse in violation of adopted State water pollution control laws.

(i)    Livestock access to watercourses must be managed consistent with this Subsection. Access to a watercourse for livestock watering and/or stream crossings must be limited to only the amount of time necessary for watering and/or crossing a watercourse. Livestock watering facilities or access must be constructed consistent with applicable NRCS conservation practice standards, and must not be constructed to provide access to agricultural land that does not meet the definition of ongoing agriculture unless that agricultural land and the crossing can meet all requirements of SCC Chapter 14.24.

(ii)    Dairy operations must comply with the requirements of RCW Chapter 90.64 (Dairy Nutrient Management Act).

(iii)    Livestock pasture must be managed so as to maintain vegetative cover sufficient to avoid contributing sediments to a watercourse in violation of State water pollution control laws.

(iv)    Any existing or new livestock confinement or concentration of livestock areas that is located upgradient from a watercourse which results in bare ground (such as around a watering trough) must be constructed and maintained to prevent sediment and/or nutrient runoff contaminants from reaching a watercourse in violation of State water pollution control laws.

(b)    Nutrient and Farm Chemical Management.

(i)    The owner or operator must not place manure in a watercourse or in a location where such wastes are likely to be carried into a watercourse by any means. Spreading of manure within 50 feet of any watercourse, and spreading of liquid manure on bare ground, is prohibited from October 31st to March 1st; unless otherwise permitted pursuant to:

(A)    An approved and implemented dairy nutrient management plan (DNMP) as prescribed by RCW Chapter 90.64; or

(B)    A farm plan prepared or approved by the Conservation District.

(ii)    Agricultural operators may not apply crop nutrients other than at agronomic rates recommended for that particular crop.

(iii)    Farm chemicals may only be applied consistent with all requirements stated on the chemical container labels and all applicable Federal and State laws and regulations, such as RCW Chapter 15.58 (Pesticide Control Act), RCW Chapter 17.21 (Pesticide Application Act), and 7 U.S.C. 136 et seq. (Federal Insecticide, Fungicide, and Rodenticide Act).

(c)    Soil Erosion and Sediment Control Management.

(i)    Roads used for ongoing agricultural activities must be designed such that road surfaces, fill, and associated structures are constructed and maintained to avoid contributing sediment to watercourses.

(ii)    Agricultural equipment operation must not cause watercourse bank sloughing or other failure due to operation too close to the top of the bank.

(iii)    Watercourse construction and maintenance must meet the requirements for drainage operation and maintenance described under Subsection (4)(d) of this Section.

(iv)    V-ditching must not be constructed to drain into natural watercourses or managed watercourses with headwaters, unless the topography of the field is such that this is the only alternative to drain the field by gravity. BMPs should be used to minimize impacts to the watercourse. For the purpose of determining a natural watercourse, the County will use maps prepared by WDFW for the purposes of the Drainage Fish Initiative.

(d)    Operation and Maintenance of Public and Private Agricultural Drainage Infrastructure. The following practices apply to any natural or any managed watercourse with headwaters that is part of a drainage system:

(i)    Regularly scheduled agricultural drainage infrastructure maintenance that includes dredging or removal of accumulated sediments in any managed watercourse with headwaters or managed watercourse without headwaters must comply with Washington Department of Fish and Wildlife issued hydraulics project approval work windows.

(ii)    Excavation spoils must be placed so as not to cause bank failures and so that seepage from such spoils will not contribute sediment to the watercourse.

(iii)    Mowing or cutting of vegetation located within a managed watercourse with headwaters or managed watercourse without headwaters that is part of a drainage system may be conducted at any time; provided, that the cutting is above the ground surface within the channel and in a manner that does not disturb the soil or sediments; and provided, that the cut vegetation does not block water flow. Watercourse bank vegetation must be preserved or allowed to reestablish as soon as practicable after drainage construction and maintenance are completed to stabilize earthen ditch banks.

(iv)    Districts subject to this Section, operating pursuant to authority in RCW Title 85 or 86, which are conducting drainage activities must maintain a drainage maintenance plan.

(v)    Immediate measures necessary to drain fields inundated by an unanticipated flooding event or failure of the agricultural drainage infrastructure will be subject to the requirements for emergency repair described in SCC 14.24.070(1).

(5)    Recognition for Agricultural Owners and Operators Who Have Implemented Extra Watercourse Protection Measures. This Subsection intends to recognize the extra watercourse protection measures for ongoing agriculture taken by landowners or operators who have implemented an approved dairy nutrient management plan (DNMP) or resource management system plan (RMS plan) (including, but not limited to, CREP) from SCD or NRCS.

(a)    Those portions of land upon which owners or operators have sought and implemented an approved DNMP or an RMS plan consistent with the conservation practices and management standards that meet the FOTG quality criteria for each natural resource (soil, water, animals, plants and air) are entitled to a presumption of compliance with the “no harm or degradation” standards described in Subsection (3) of this Section. The RMS plan or DNMP must include within the planning unit any watercourses located on the property, as well as all upland areas within the owner’s control that could potentially adversely impact the watercourse and/or associated fish habitat.

(b)    Such presumption of compliance may be rebutted and enforcement commenced as described in SCC 14.44.085 if the County obtains credible evidence that the agricultural operation is not meeting the no harm or degradation standards of Subsection (3) of this Section. To be entitled to this presumption, the owner or operator must provide the County with documented evidence of implementation of those elements of the approved plan that are relevant to the resource impact at issue at the time a request for investigation (RFI) is presented to the County under SCC 14.44.010.

(6)    Enforcement. The Department is directed to enforce the requirements of this Subsection, including the mandatory watercourse protection measures, as described in SCC 14.44.085. (Ord. O20250011 § 1 (Att. 2); Ord. O20110013 Attch. A (part): Ord. O20080014 (part))

(1)    In a critical area or critical area buffer, removal of hazardous, diseased, or dead trees and vegetation by the landowner may be permitted in the following circumstances:

(a)    To control fire; or

(b)    To halt the spread of disease or damaging insects consistent with the State Forest Practice Act, RCW Chapter 76.09; or

(c)    To avoid a hazard such as landslides; or

(d)    To avoid a threat to existing structures or above-ground utility lines; or

(e)    To avoid a threat to human life or public safety; and

(f)    The hazardous condition of the tree cannot be lessened with reasonable and proper arboricultural practices.

(2)    Before hazardous, diseased or dead trees and vegetation may be removed by the landowner pursuant to Subsection (1) of this Section:

(a)    Unless there is an emergency pursuant to SCC 14.24.070(1), the landowner must obtain prior written approval from Planning and Development Services. This consent will be processed promptly and may not be unreasonably withheld. If the Director fails to respond to a hazard tree removal request within 10 business days, the landowner’s request is conclusively allowed; and

(b)    The removed tree or vegetation should be left within the critical areas or buffer unless the Director, or a qualified professional, warrants its removal to avoid spreading the disease or pests. If standing dead trees and snags can reasonably and safely be left in place they should be prioritized over the retention of logs in order to accommodate the preservation of wildlife habitat; and

(c)    Any removed tree or vegetation must be replaced by the landowner with appropriate native species in appropriate size. For removal of one tree, replace with three native trees. Replacement must be performed consistent with accepted restoration standards for critical areas within onecalendar year;

(d)    For this Section only, a “qualified professional” means an arborist certified by the International Society of Arboriculture (ISA) and American Society of Consulting Arborists (ASCA) that is trained and qualified in tree risk assessment such as through the Tree Risk Assessment Qualification (TRAQ) or equivalent. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

(1)    Reasonable Use Standards. An applicant who is unable to comply with the specific standards of this Chapter without forfeiting all economically viable use of the property may seek approval of a “reasonable use” exception for single-family residential development under this Section.

(2)    Determination. To qualify as a reasonable use, the Director must find that the proposal meets the following criteria:

(a)    Application of this Chapter will deny all economically viable use of the subject property. In making this determination, the Director must also find that:

(i)    The subject property is an existing legal lot of record and the inability to derive reasonable use of the subject property is not the result of the applicant’s actions or that of previous property owners in segregating, adjusting one or more boundary lines, dividing or creating the undevelopable condition on the site after June 13, 1996; and

(ii)    The inability to derive reasonable use of the subject property is not the result of prior actions taken in violation of this title or any other local, State, or Federal law or regulation; and

(b)    The proposed development activity meets all other requirements of this Title, does not otherwise constitute a nuisance, or pose a threat to public health, safety, and welfare on or off the site.

(3)    Reasonable Use Process. The application must be made on a form provided by the Department. The reasonable use exception will be considered under a Type 2 review process of SCC Chapter 14.06 and must follow the public notification procedures described therein. The Director must ensure the opportunity for public comment, including that from appropriate Federal, State, and Tribal natural resource agencies, to ensure the use of best available science before deciding on reasonable use exception requests and must develop and maintain a public record on each reasonable use exception request which includes all findings, assessments, and public comments. Such record will be made available to the public before the reasonable use exception decision is complete.

(4)    Submittal Requirements. As part of the reasonable use exception request application the applicant must submit a critical area report pursuant to SCC 14.24.080 prepared by a qualified critical area professional approved by the County. The report must include the following:

(a)    An analysis of how the proposal meets requirements for mitigation sequencing specified in SCC 14.24.080(6). If the impact can be avoided, then it is not eligible for a reasonable use exception. Only the minimum necessary impact to accommodate reasonable use is eligible for a reasonable use exception;

(b)    Demonstration that the issuance of a zoning variance by itself will not provide sufficient relief to avoid the need for the reasonable use exception;

(c)    A description of the site design and construction staging for the proposal that will have the least impact to the critical area and critical area buffer;

(d)    A site plan showing:

(i)    The critical area, critical area buffer, and structure setback required by this Chapter;

(ii)    The proposed area of disturbance both on and off the subject property pursuant to the disturbance area limitations of Subsection (5) of this Section;

(iii)    All proposed structures and improvements meeting the conditions of Subsection (5) of this Section, including:

(A)    Building footprints, including garages and other storage structures;

(B)    Parking areas;

(C)    Driveways;

(D)    Paved surfaces, such as walking paths;

(E)    Patios, decks, and similar structures;

(F)    Utility, septic, and stormwater improvements;

(G)    Yard landscaping;

(H)    Retaining walls and rockeries;

(I)    All other hard surfaces including gravel;

(e)    A description of protective measures that will be undertaken, including pollution prevention and protection of native vegetation and natural soil and hydrologic conditions, and a schedule of the construction activity to avoid interference with wildlife and fisheries rearing, nesting, or spawning activities;

(f)    An analysis of the impact that the proposed development would have on the critical area and critical area buffer;

(g)    Demonstration that the proposal mitigates for impacts to the critical area and critical area buffers. All remaining buffer areas must be fully vegetated with suitable native vegetation for approval of a reasonable use exception;

(h)    Demonstration that the proposal minimizes net loss of critical area functions to the greatest extent possible;

(i)    An analysis of whether the improvement is located as far away as possible from the critical area and the critical area buffer;

(j)    An analysis of whether the improvement is located to avoid the removal of existing native vegetation with emphasis on preservation of conifers greater than or equal to 24 inches diameter at breast height (dbh), deciduous trees greater than or equal to 20 inches dbh, and forested areas with established duff soil layers; and

(k)    Such other information or studies as the Director may reasonably require.

(5)    Allowed Use and Maximum Disturbance Limits. The amount of area that will be disturbed by structure placement and all land alteration associated with single family residential development, including but not limited to clearing and grading, utility installation, decks, driveways, paved areas, and landscaping, must not exceed the following limits:

(a)    RUE will only be applicable to sites that do not have an area of 4,000 square feet or more available for development outside the standard buffer.

(b)    When buffer impacts are allowed through RUE the maximum total combined development area outside the buffer and within the critical area or critical area buffer will be 4,000 square feet. All areas available for development outside the standard buffer must be utilized before any buffer impacts can be approved.

(c)    The amount of allowable disturbance will be that which will have the least impact on the critical area and the critical area buffer given the characteristics and context of the subject property, critical area, and buffer.

(d)    To the maximum extent feasible, the disturbance area must be located away from the critical area and critical buffer and to avoid the removal of existing native vegetation with emphasis on preservation of conifers greater than or equal to 24 inches dbh, deciduous trees greater than or equal to 20 inches dbh, and forested areas with an established duff layer.

(e)    On sites where the approved 4,000 square feet of developable area is not immediately adjacent to a public or private road and an extended driveway is required, the driveway area necessary to connect the developable area to the access point may be excluded from the 4,000 square feet maximum disturbance. Extended driveways that result in critical area and/or buffer impacts are subject to mitigation sequencing.

(6)    Decision Criteria. If the Director determines that a project proposal meets the requirements of Subsection (2) of this Section, the application may be approved where the Director finds:

(a)    After review of the project under this Chapter, there is no other economically viable permitted use of the property with less impact on wetlands, fish and wildlife habitat conservation areas, or buffers;

(b)    The proposed alteration of a wetland, fish and wildlife habitat conservation area, or buffer is the minimum necessary to allow for reasonable use of the property. Activities must be located as far away as possible from wetlands, fish and wildlife habitat conservation areas, and buffers and low impact development techniques must be used to the maximum extent possible. In all cases, disturbance of a wetland, stream, marine water, or lake may only occur if no reasonable use can be achieved by limiting the disturbance to the buffer associated with that feature;

(c)    The proposed activity is located to minimize impacts to priority habitats and species identified by the Washington Department of Fish and Wildlife;

(d)    It has been demonstrated that the issuance of a zoning variance by itself will not provide sufficient relief to avoid the need for the reasonable use exception. This Section does not relieve an applicant from the obligation of complying with applicable variance procedures set forth in SCC Chapter 14.58 as they may relate to zoning;

(e)    The proposal meets the mitigation, maintenance, and monitoring requirements of this Chapter;

(f)    The proposed development is on is an existing legal lot;

(g)    The inability to derive reasonable use is not the result of the applicant’s actions or that of previous property owners; and

(h)    The granting of the reasonable use exception will not confer on the applicant any special privilege that is denied by this Chapter to other lands, buildings, or structures under similar circumstances. (Ord. O20250011 § 1 (Att. 2))

(1)    If the strict application of this Chapter is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity, due to special circumstances applicable to the subject property, including size, shape, and topography, and reasonable use cannot be achieved through the RUE process specified in SCC 14.24.140, a critical areas variance may be authorized as provided in SCC Chapter 14.58; provided, however, that those surrounding properties that have been developed under regulations in effect prior to the effective date of the ordinance codified in this Chapter will not be the sole basis for the granting of the variance.

(a)    Critical areas variances are processed as a Type 3 application as specified in Table 14.06.150-1.

(2)    The Hearing Examiner must ensure the opportunity for public comment, including that from appropriate Federal, State, and Tribal natural resource agencies, to ensure the use of best available science before deciding on variance requests and must develop and maintain a public record on each variance request which includes all findings, assessments and public comments. Such record must be made available to the public before the variance decision is made.

(3)    Variances to the setback and buffer requirements of this Chapter may only be issued by the Hearing Examiner following review of the requirements listed in Subsections (3)(a) through (3)(h) of this Section. The Hearing Examiner must make a finding for each of the requirements.

(a)    The issuance of a zoning variance by itself will not provide sufficient relief to avoid the need for a variance to the dimensional setback and other requirements for the critical areas regulated by this Chapter; and

(b)    Preparation of a critical areas report and mitigation plan by a qualified professional pursuant to the requirements of SCC 14.24.080 and all other applicable sections of this Chapter. The critical areas report and mitigation plan must be prepared using best available science; and

(c)    The conclusions of the critical areas report must use best available science to support a modification of the dimensional requirements of this Chapter; and

(d)    The critical areas report and mitigation plan demonstrate that the proposed project allows for development of the subject parcel with the least impact on critical areas while providing a reasonable use of the property; and

(e)    The reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and

(f)    The granting of the variance will be consistent with the general purpose and intent of this Chapter, and will ensure no net loss of ecological functions of the associated critical areas; provided, that if the proposal is within the special flood hazard area (SFHA), the applicant must demonstrate that the proposal is not likely to adversely affect species protected under the Endangered Species Act, or their habitat; and

(g)    The inability of the applicant to meet the dimensional standards is not the result of actions by the current or previous owner in subdividing the property or adjusting a boundary line after the effective date of the ordinance codified in this Chapter; and

(h)    The granting of the variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant; and

(i)    Reasonable use cannot be achieved through the RUE process described in SCC 14.24.140.

(4)    In granting any variance, the Hearing Examiner will prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts and to ensure that impacts to critical areas or their buffers are mitigated to the extent feasible utilizing best available science. The Hearing Examiner must consider and incorporate, as appropriate, recommendations from Federal, State, and Tribal resource agencies.

(5)    The County will maintain a record of all decisions made on requests for variances. Such record must include the basis and rationale for any such decision as well as any comments provided by Federal, State, or Tribal natural resource agencies. Such record must be made available to the public upon request.

(6)    A variance will expire if the use or activity for which it is granted is not commenced within three years of final approval by the Hearing Examiner. Knowledge of the expiration date is the responsibility of the applicant.

(7)    Appeals of the Hearing Examiner decisions on variance requests must be made pursuant to the provisions of SCC Chapter 14.06. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20110008 (part): Ord. O20080014 (part). Formerly 14.24.140)

Repealed by Ord. O20250011. (Ord. O20080014 (part))

(1)    The following incentives are intended to minimize the burden on individual property owners from application of the provisions of this Chapter and assist the County in achieving the goals of this Chapter:

(a)    Open Space. Any property owner on whose property a critical area or its associated buffer is located and who proposes to put the critical area and buffer in a separate open space tract may apply for a current use property tax assessment on that separate tract pursuant to RCW Chapter 84.34. The County must develop current use tax assessment programs for agricultural and small forest lands less than 20 acres and other open spaces.

(b)    Conservation Easement. Any person who owns an identified critical area or its associated buffer may place a conservation easement over that portion of the property by naming the County or its qualified designee under RCW 64.04.130 as beneficiary of the conservation easement. This conservation easement can be used in lieu of the creation of a separate critical areas tract to qualify for open space tax assessment described in Subsection (1)(a) of this Section. The purpose of the easement is to preserve, protect, maintain, restore, and limit future use of the property affected. The terms of the conservation easement may include prohibitions or restrictions on access and must be approved by the property owner and the County.

(c)    Density Credit. On lands containing critical areas or their associated buffers, the County will allow a transfer of density for residential uses from the portion of the property containing the critical areas or buffers to that portion of the property that does not contain critical areas or buffers; provided, that the resulting density on the portion of the property does not contain critical areas or their buffers; and

(i)    Does not create any adverse impacts to the critical area that cannot be adequately mitigated; and

(ii)    Does not create a density greater than that allowed under SCC 14.78.050(1); and

(iii)    All other development regulations can be met on site.

(d)    Conservation Futures Fund. The County has established a conservation futures property tax fund as authorized by RCW 84.34.230. Properties containing critical areas or their associated buffers may be considered for acquisition under a purchase of development rights with these funds. Acquisitions must be done through the Farmland Legacy Program as recommended by the Conservation Futures Advisory Committee, under the provisions of Ordinance No. 16380 and Resolution No. 16766.

(2)    For any tract placed into or encumbered with a PCA, the County will use its best efforts to assist the property owner in obtaining open-space tax status on that portion of the property pursuant to RCW Chapter 84.34 and/or in dedicating that property to a nonprofit land trust organization to eliminate or minimize property tax burdens.

(3)    The County will seek to educate the public regarding critical areas, the beneficial functions of critical areas, and the requirements of this Chapter in an effort to encourage citizen understanding, compliance, and stewardship.

(4)    The County will, where practical, provide incentives to landowners to restore critical areas or their buffers that have been adversely affected by previous land use activities. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

(1)    Wetland, as defined in RCW 36.70A.030(52), are areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

(2)    Designation. Wetlands will be identified and designated through a site inspection and/or an approved critical areas conducted by a qualified professional in accordance with the 1987 Wetland Delineation Manual by the U.S. Corps of Engineers (Corps), and the applicable regional supplement, 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) current or as amended. (Ord. O20250011 § 1 (Att. 2); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

Wetlands will be rated according to the Washington State Wetland Rating System for Western Washington 2014 Update, Version 2.0 (Department of Ecology Publication No. 23-06-009) current or as amended. This document contains the definitions, methods and a rating form for determining the categorization of wetlands below:

(1)    Category I wetlands are those wetlands of exceptional value in terms of protecting water quality, storing flood and stormwater, and/or providing habitat for wildlife.

(2)    Category II wetlands are those wetlands that provide high levels of some functions which are difficult to replace.

(3)    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. These wetlands can often be adequately replaced with a well-planned mitigation project.

(4)    Category IV wetlands are those wetlands that provide the lowest level of function and are often heavily disturbed. While the ability to replace these wetlands is likely achievable, it cannot be guaranteed and these wetlands may still provide some important functions.

Wetland ratings must be completed by a qualified professional. Wetland ratings are valid for five years; after such date the County must determine whether a revision or additional rating is necessary. (Ord. O20250011 § 1 (Att. 2); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

Any proposed high impact land use within 300 feet of wetland indicators, and any other proposed land use within 225 feet of wetland indicators, requires a wetland site assessment completed by a qualified professional. In addition to the requirements of SCC 14.24.080, the following must be included in a wetland report:

(1)    A wetland delineation must be performed as part of a site assessment. The delineation must be performed by a qualified professional trained in conducting delineations in accordance with the methodology specified under SCC 14.24.200; and

(2)    Wetland classification, including Cowardin and hydrogeomorphic (HGM) classification, and rating in accordance with SCC 14.24.210; and

(3)    A site plan indicating wetland and buffer boundaries and the locations of all data points; and

(4)    Functions and values analysis based on the wetland rating, which includes but is not limited to a discussion of water quality, fish and wildlife habitat hydrologic regime, flood and stormwater control, base flow and groundwater support, cultural and socioeconomic values; and

(5)    All data sheets and rating forms used to assess the wetland conditions on and off site. (Ord. O20250011 § 1 (Att. 2); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

(1)    Wetland Buffer Widths.

(a)    Standard Wetland Buffers. Standard buffers are based on land use impact. The following standard buffers will be required for regulated wetlands unless otherwise provided for in this Section:

Table 14.24.230-1 Standard Buffers

(b)    Optional Wetland Buffers. The applicant may choose to have the optional wetland buffers in Section 8C.2.3 (as updated in 2014) of Department of Ecology Publication No. 05-06-008, Wetlands in Washington State, Volume 2, apply in place of the standard buffers in Subsection (1)(a) of this Section, provided a site assessment is completed by a qualified professional pursuant to SCC 14.24.080 and applicable impact minimization measures and habitat corridor are applied.

Table 14.24.230-2 Optional Buffers

(c)    Vegetated Buffer Standards. All wetland buffer widths presume the buffer is densely vegetated with a native plant community appropriate for the ecoregion, consisting of an average of 80 percent native cover comprised of trees, shrubs and groundcover plants. If the existing buffer is sparsely vegetated or vegetated with invasive species, the buffer must either be enhanced through an approved mitigation plan or increased per SCC 14.24.240(1)(c) to ensure the buffer provides adequate functions.

(d)    High impact land use projects may apply moderate intensity buffers if measures to minimize impacts to wetlands from high impact land uses are implemented. Some of the measures that may be used can be found in Department of Ecology Publication No. 05-06-008, Wetlands in Washington State, Volume 2, Appendix 8C (as updated in 2018).

(2)    Wetland buffers are measured horizontally in a landward direction from the wetland edge, as delineated in the field. Where a wetland buffer ends within a continuous slope of 30 percent or greater, the buffer must be extended to a point 25 feet beyond the top of the bank of the sloping area.

(3)    Any wetland created, restored, or enhanced as mitigation for approved wetland alterations must also include the standard buffer required for the category of the created, restored, or enhanced wetland.

(4)    Setback. A 15-foot-wide structure setback is required from the upland edge of the entire buffer to provide an area for construction and maintenance of buildings and other structures. This distance may be modified with approval of the Director. The following may be allowed within the structure setback:

(a)    Landscaping with non-invasive species only;

(b)    Building overhangs if such overhangs do not extend more than 18 inches into the setback area;

(c)    Impervious ground surfaces, such as driveways and patios; provided, that such improvements may be subject to special drainage provisions adopted for the various critical areas; and

(d)    Trails.

(5)    Where a buffer has been previously established through a County development review and is permanently recorded on title or placed within a separate tract or easement, the buffer will be as previously established provided:

(a)    It is equal to or greater than 50 percent of the current required standard buffer width for the wetland classification; and

(b)    It is densely vegetated with native plants and invasive plant cover is low; or it is restored to meet vegetated buffer standards (Subsection (1)(c) of this Section); and

(c)    Impact minimization measures are applied (Table 14.24.230-3).

If Subsections (5)(a) through (5)(c) of this Section are not met, then current wetland buffer widths per Subsection (1) of this Section apply. Additional review may be requested by the applicant or required by the Director to determine whether conditions on site have changed resulting in the previously established buffer no longer being applicable. If the provisions of Subsection (5)(a) of this Section cannot be met, the Director may allow the buffer to be as previously established, provided the proposed development does not expand beyond the previously approved area of impact.

(6)    Where a legally established and constructed public roadway, private road, and legally established development as determined by the Director functionally disconnects a wetland buffer as demonstrated in a critical area report, the Director may approve a modification of the standard buffer width to the edge of the development, provided:

(a)    The isolated part of the buffer does not provide additional protection of the wetland; and

(b)    The isolated part of the buffer provides insignificant biological, geological, or hydrological buffer functions relating to the wetland; and

(c)    If the resulting buffer distance is less than 75 percent of the standard or optional buffer for the applicable wetland category, no further reduction will be allowed;

(d)    The legally established development includes hard surfaces a minimum of 20 feet wide that completely isolate the project area from the critical area.

(7)    Category IV wetlands less than 4,000 square feet that have been identified through a site assessment may be exempted from certain protection standards as outlined below:

(a)    Category IV wetlands less than 4,000 square feet are exempt from the mitigation sequencing requirement to first avoid impacts where:

(i)    The wetland is isolated; and

(ii)    The wetland is not associated with a riparian corridor; and

(iii)    The wetland is not part of a wetland mosaic, as described in the Washington State Wetland Rating System for Western Washington (Department of Ecology Publication No. 23-06-009); and

(iv)    The wetland does not score six or more points for habitat functions based on the Washington State Wetland Rating System for Western Washington (Department of Ecology Publication No. 23-06-009); and

(v)    The wetland does not contain Department of Fish and Wildlife-designated priority species or habitat identified as essential for local populations of priority species; and

(vi)    The wetland is not required to mitigate drainage, flooding, or water quality problems in the watershed; and

(vii)    The project impacts are fully mitigated and applicable permit approvals are obtained in accord with SCC 14.24.060.

(b)    Wetlands less than 1,000 square feet may be exempted from buffer provisions contained in this Chapter when criteria of Subsections (7)(a)(i) through (7)(a)(vi) of this Section are met.

(c)    Direct wetland impacts are still subject to regulation by the U.S. Army Corps of Engineers and the Washington State Department of Ecology. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

Buffer widths may be increased, decreased, or averaged in accordance with the following provisions. All mitigation proposed must be consistent with State and Federal wetland regulations.

(1)    Buffer Width Increasing. The Director may require the standard or optional buffer width to be increased by the distance necessary to protect wetland functions and provide connectivity to other wetland and habitat areas for one of the following:

(a)    To maintain viable populations of existing species listed by the Federal or State government as endangered, threatened, or sensitive; or

(b)    To protect wetlands against severe erosion that standard erosion control measures will not effectively address; or

(c)    To protect the functions and values of that wetland by compensating for a poorly vegetated buffer that has not been addressed through a sufficient replanting plan by increasing the buffer required to the next greater land use impact buffer requirement or increase the width by 33 percent, whichever is greater;

(d)    When a Category I or II wetland is located within 300 feet of:

(i)    Another Category I, II or III wetland; or

(ii)    A fish and wildlife habitat conservation area (FWHCA); or

(iii)    A Type S or F stream; or

(iv)    A high impact land use that is likely to have additional impacts.

The increased buffer distance may be limited to those areas that provide connectivity or are necessary to protect wetland and habitat functions. If the wetland contains variations in sensitivity, increasing the buffer widths will only be done where necessary to preserve the structure, function and value of the wetland.

(2)    Buffer Width Averaging. Buffer averaging allows limited reductions of buffer width in specified locations, while requiring increases in others. Prior to considering buffer averaging, the applicant must demonstrate application of mitigation sequencing as required in SCC 14.24.080. Averaging of required buffer widths will be allowed only if the applicant demonstrates that all of the following criteria are met:

(a)    Averaging is necessary to accomplish the purpose of the proposal and no reasonable alternative is available; and

(b)    Averaging width will not adversely impact the wetland functions and values; and

(c)    The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging; and

(d)    The buffer width will not be reduced below 75 percent of the standard buffer width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater;

(e)    Compensatory buffer enhancement is provided for degraded buffers and buffers lacking vegetation components.

(3)    Buffer Width Decreasing. Buffer widths may only be decreased as part of a reasonable use exception or variance request pursuant to SCC 14.24.140 or 14.24.150. Prior to considering buffer reductions, the applicant must demonstrate application of mitigation sequencing as required in SCC 14.24.080. In all circumstances where a substantial portion of the remaining buffer is degraded, the buffer reduction plan must include replanting with native vegetation in the degraded portions of the remaining buffer area and must include a five-year monitoring and maintenance plan.

(4)    Any person who alters or proposes to alter regulated wetlands must reestablish, create, rehabilitate and/or enhance areas of wetland to compensate for wetland losses at the ratios described in mitigation ratios for projects in Western Washington in Table 8C-11 (as updated in 2018) in Department of Ecology Publication No. 05-06-008, Wetlands in Washington State, Volume 2, Section 8C.3.1 (as updated in 2018).

(5)    Allowed Uses in Wetlands or Wetland Buffers. The following activities may be permitted within wetlands or their buffers but must comply with SCC 14.24.080 and 14.24.220:

(a)    Roads, Bridges, Driveways, and Utilities. Road, bridge, driveway, and utility construction may be permitted across wetlands and/or their buffers under the following conditions:

(i)    It is demonstrated to the Director that there are no alternative routes that can be reasonably used to achieve the proposed development; and

(ii)    The activity will have minimum adverse impact to the wetland area; and

(iii)    The activity will not significantly degrade surface or groundwater; and

(iv)    The intrusion into the wetland area and its buffers is fully mitigated;

(v)    The need to intrude into the wetland or buffer was not created by a development action or land division that occurred after June 13, 1996;

(vi)    A mitigation plan prepared by a qualified professional demonstrating compliance with mitigation sequencing is provided and approved by the Director.

(b)    Low impact uses and activities which are consistent with the purpose and function of the buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the wetland involved; provided, that such activity must not result in a decrease in wetland functions and values and must not prevent or inhibit the buffer’s recovery to at least pre-altered condition or function. Examples of uses and activities which may be permitted in appropriate cases, as long as the activity does not retard the overall recovery of the buffer, include removal of noxious vegetation, pedestrian trails, structures under 200 square feet in publicly managed parks that are in accordance with park management goals and designed to conserve the natural character of the landscape, and viewing platforms less than 200 square feet which may be covered but not enclosed.

(c)    Stormwater discharges to wetlands must be controlled and treated in accordance with the currently adopted Stormwater Management Manual. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

(1)    Off-Site Compensation. Off-site compensation allows replacement of wetlands away from the site on which the wetland has been impacted by a regulated activity. The following conditions apply to off-site compensation:

(a)    Off-site compensation must occur within the same drainage basin of the same watershed where the wetland loss occurs.

Stormwater storage function provided by wetlands must be provided for within the design of the development project.

(b)    Off-site compensation can be allowed only under one or more of the following circumstances:

(i)    On-site compensation is not feasible due to hydrology, soils, or other physical factors, or on-site opportunities do not have a high likelihood of success;

(ii)    On-site compensation is not practical due to probable adverse impacts from surrounding land uses or would conflict with a Federal, State or local public safety directive;

(iii)    Potential functions and values at the site of the proposed restoration are greater than the lost wetland functions and values;

(iv)    When the wetland to be altered is of a limited function and value and is degraded, compensation must be of the wetland community types needed most in the location of compensation and those most likely to succeed with the highest functions and values possible;

(v)    Off-site mitigation is required by State and/or Federal permitting agencies and is demonstrated to support watershed health.

(2)    Out-of-kind compensation can be allowed when out-of-kind replacement will best meet the provisions of Subsection (3)(a) of this Section and the mitigation sequence outlined in SCC 14.24.080.

(3)    Selecting Compensation Sites. Except in the case of cooperative compensation projects in selecting compensation sites, applicants must pursue locations in the following order of preference:

(a)    Restoring wetlands on upland sites that were formerly wetland. This action includes reestablishment and rehabilitation;

(b)    Creating/establishing wetlands on disturbed upland sites, such as those with vegetative cover consisting primarily of nonnative species;

(c)    Preserving/maintaining a wetland to remove threat or prevent decline, such as purchasing land. Preservation does not result in gain of wetland acres; or

(d)    Enhancing significantly degraded wetlands.

(4)    Innovative Wetland Mitigation Projects. The Director may encourage, facilitate, and approve innovative wetland mitigation projects. Advance compensation or mitigation banking are examples of innovative compensation projects allowed under the provisions of this Section wherein one or more applicants, or an organization with demonstrated capability, may undertake a compensation project together if it is demonstrated that all of the following circumstances exist:

(a)    Creation of one or several larger wetlands may be preferable to many small wetlands; and

(b)    The group demonstrates the organizational and fiscal capability to act cooperatively; and

(c)    The group demonstrates that long-term management of the compensation area will be provided; and

(d)    There is a clear potential for success of the proposed compensation at the identified compensation site; and

(e)    Wetland mitigation banking programs consistent with the provisions outlined in the Department of Ecology’s Publications No. 06-06-011A and No. 06-06-011B (Wetland Mitigation in Washington State, Part 1 and Part 2), RCW Chapter 90.84 and WAC Chapter 173-700 will be considered as a method of compensation for unavoidable, adverse wetland impacts associated with future development. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

(1)    This Section establishes areas determined to be critical in maintaining functions and values of both groundwater quantity and quality, with the purpose of protecting potable water supplies and preserving groundwater supplies to anadromous fish habitat. This Section specifies regulatory requirements in accordance with RCW 36.70A.170 for development within these areas and provides a methodology by which Skagit County will determine the level of review and any performance standards required. The intent of this Section is to:

(a)    Define minimum regulatory requirements to protect groundwater quality and quantity for existing and future use; and

(b)    Identify groundwater resources at risk and activities/uses that impact groundwater quality; and

(c)    Identify practices, alternatives, and protection measures that can prevent the adverse impacts of proposed projects; and

(d)    Ensure adequate design, construction, management, and operations to protect groundwater quality and quantity.

(2)    Existing and future beneficial uses of groundwater must be maintained and protected. Degradation of groundwater quality that would interfere with or become injurious to beneficial uses must be avoided.

(3)    Wherever groundwater is determined to be of a higher quality than the criteria established for said waters under this Section, the existing water quality must be protected, and contaminants that will reduce the existing quality thereof will not be allowed to enter such waters.

(4)    It is also the intent of this Section to:

(a)    Comply with and implement the requirements of RCW Chapter 90.48, WAC Chapters 173-200, 173-201A, 173-160, 246-290 and 246-291, SCC Chapter 12.48; and

(b)    Carry out powers in manners which are consistent with RCW Chapter 90.54 and WAC Chapters 173-501, 173-503, and 173-505, as amended; and

(c)    Comply with the Washington State Department of Health’s wellhead protection guidance; and

(d)    Maintain groundwater dependent flow in anadromous fish habitat. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

There are two categories of critical aquifer recharge areas. These categories are designated to assist the Director in determining the level of assessment necessary to evaluate land use proposals. The categories are based on the determination that certain areas require additional scrutiny of the potential impacts of a proposed land use, with consideration given to hydrogeological susceptibility and vulnerability. All designated areas are subject to change as data and information are updated or become available.

(1)    Categories.

(a)    Category I CARAs are designated because of the need for protection due to a pre-existing land use, or because they are identified by the County, State, or Federal government as areas in need of aquifer protection where a proposed land use may pose a potential risk which increases aquifer vulnerability. Category I CARAs are subject to change. Category I CARAs include:

(i)    Recharge areas for sole source aquifers designated pursuant to the Federal Safe Drinking Water Act and/or shown on the Environmental Protection Agency’s (EPA) Interactive Map of Sole Source Aquifers.

(ii)    Areas identified by the County as potential or existing sea water intrusion areas.

(iii)    Areas within one-half mile of a surface water source limited (SWSL) stream as designated in SCC 14.24.340(3)(c).

(iv)    Areas with susceptible soils based on the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) data, specifically:

(A)    Areas with excessively drained and somewhat excessively drained soils; or

(B)    Areas with shallow aquifers/depths to the seasonal high water table; or

(C)    Areas with high drainage class.

(v)    Areas designated for wellhead protection pursuant to the Federal Safe Drinking Water Act and/or shown on the Washington State Department of Health (DOH) Source Water Assessment Program (SWAP) Map. Areas designated for wellhead protection must, for the purpose of this Section, include the identified recharge areas associated with:

(A)    Protective areas associated with public drinking water sources established by water systems and approved or assigned by the DOH as defined in WAC 365-190-030(23).

(B)    A 600-foot radius around the well site designating the primary short-term groundwater contribution area for Group B public water systems as defined in WAC 246-291-125(3)(d)(ii).

(b)    Areas throughout the County not identified as Category I CARAs are designated as Category II CARAs.

(c)    When any portion of the parcel area is located within a Category I CARA, the proposed project may be subject to the additional level of scrutiny of the potential impacts within a Category I CARA. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

(1)    Best Management Practices. Within both Category I and Category II CARAs, all commercial, industrial, institutional, and multifamily residential sites, along with home-based businesses, and other activities that generate pollution or handle materials that could pollute groundwater must employ best management practices (BMPs) to prevent groundwater pollution. As a condition of land use or permit approval, the Director may require appropriate structural and operational BMPs. Operational BMPs must be specified in an approved source control plan, which includes a spill prevention and response plan. BMPs specified in the Ecology Stormwater Management Manual for Western WA (2024 or as updated), developed as part of a pollution prevention plan in accordance with WAC Chapter 173-307, or otherwise developed in accordance with best available science may be included in the source control plan.

(2)    Nonhazardous Uses. Subdivision of land, multi-family residential structures and all commercial and industrial sites or activities that do not include or involve hazardous substance processing are allowed subject to the following performance standards:

(a)    Stormwater treatment and control must be provided in conformance with the Skagit County stormwater code.

(b)    Floor drains must not be allowed to drain to the stormwater system, surface water, or groundwater.

(c)    If any roof venting carries contaminants, then the portion of the roof draining this area must go through pretreatment.

(d)    All vehicle washing done somewhere other than at a residence must be self-contained or be discharged to a sanitary sewer system, if approved by the sewer utility.

(e)    For new or changes in regulated activities served by on-site sewage systems, the applicant may be required to demonstrate to the Director that nitrate levels at the down-gradient property line will not exceed five mg/L. Refer to WAC 246-272A-0320 for details on calculations.

(f)    Additional protective measures may be required if deemed necessary by the Skagit County Public Health Department to protect public health or safety.

(3)    Agricultural Activities. New agricultural activities that do not involve hazardous substance handling or application are allowed within an aquifer recharge or wellhead protection area subject to the following:

(a)    The applicant is required to submit a farm management plan prepared by the USDA, NRCS, Skagit Conservation District, or Washington State University, Cooperative Extension Office that certifies that water quality and quantity within the aquifer recharge area is maintained. The farm management plan must address the following:

(i)    The limits of the proposed agricultural activities.

(ii)    The proposed scope of agricultural activities, including the use of any pesticides, fertilizers, or other chemicals.

(iii)    The existing nitrate levels on the site and any proposed increases in nitrate levels.

(b)    Integrated pest management (IPM) practices for pest control and best management practices (BMPs) for the use of fertilizers, as described by the Washington State University.

(c)    Nitrate levels at down-gradient property line must not exceed five mg/L or, if the background nitrate concentration exceeds five mg/L, that the concentration will not be increased more than 0.1 mg/L.

(d)    Additional protective measures may be required if deemed necessary by the Department or to protect public health or safety.

(4)    Hazardous Uses. Proposals for hazardous substance processing or handling including but not limited to hazardous waste treatment and storage facilities, animal containment areas, dry cleaners, funeral services, boat repair shops, furniture stripping, photographic processing, creosote and asphalt manufacture and treatment, golf courses, wood product preserving, motor vehicle service garages, sawmills, printing and publishing shops, and solid waste facilities that require a solid waste handling permit from the Skagit County Public Health Department in an aquifer recharge and/or wellhead protection area must submit a hydrogeologic assessment that is subject to review and approval of by the Director. The Director has the authority to apply standards deemed necessary to mitigate any negative impacts that may be associated with the proposed development. At a minimum, the activity must employ AKART (all known, available, and reasonable treatment) to protect groundwater quality.

(a)    Additional Standards. The following additional standards apply in all CARAs:

(i)    Storage Tanks. In addition to the requirement to submit a hydrogeologic assessment, the following standards apply to storage tanks in an aquifer recharge and/or wellhead protection area:

(A)    Underground Tanks. All new underground storage facilities used or to be used for the underground storage of hazardous substances or hazardous waste must be designed and constructed so as to:

1.    Prevent releases due to corrosion or structural failure for the operational life of the tank; and

2.    Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substance; and

3.    Use material in the construction or lining of the tank which is compatible with the substance to be stored; and

4.    The installation of underground storage tanks will also be subject to other State and local permit requirements.

(B)    Aboveground Tanks. All new aboveground storage facilities used or to be used for the aboveground storage of hazardous substances or hazardous waste must be designed and constructed with a double walled tank and a secondary containment system separate from the tank that will hold 110 percent of the tank’s capacity. The secondary containment system or dike system must be designed and constructed to contain material stored in the tank(s). Facilities that are subject to Oil Pollution Prevention Regulation 40 CFR Part 112 (Spill Prevention, Control, and Countermeasure) are exempt from this standard.

(ii)    Pesticides, herbicides and fertilizers must be applied in accordance with State and Federal law.

(iii)    Vehicle repair and servicing.

(A)    Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment if leaks occur.

(B)    No Class V stormwater infiltration wells are allowed in CARAs on sites for vehicle repair and servicing unless oil water separators are installed. Dry wells on the site prior to the facility establishment must be decommissioned using techniques approved by the Department of Ecology or an oil water separator will need to be installed prior to commencement of the proposed facility.

(5)    Commercial, industrial, and institutional activities, including home-based businesses that include potential pollution generating activities:

(a)    A spill response and prevention plan will be required for development approvals.

(b)    Best management practices which meet the requirements of SCC Chapters 14.32, Stormwater Management, and 16.32, Water Pollution, and other applicable requirements established by the Director.

(c)    Any well which is unusable, abandoned, or whose use has been permanently discontinued, or which is in such disrepair that it is an environmental, safety or public health hazard must be decommissioned in accordance with WAC 173-160-381 to prevent groundwater contamination.

(6)    Prohibited Activities in Category I. The following activities are prohibited in Category I CARAs due to the probability or potential magnitude of their adverse effects on groundwater:

(a)    Landfills, including, but not limited to, hazardous or dangerous waste disposal facilities as defined in WAC Chapter 173-303, municipal solid waste landfills as defined in WAC Chapter 173-351, and limited purpose landfills as defined in WAC Chapter 173-350.

(b)    Underground injection wells. Class I, III, and IV wells and subclasses 5F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V wells, such as:

(i)    Industrial process water and disposal wells; and

(ii)    Radioactive waste disposal.

(c)    Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade).

(d)    Facilities that store, process, or dispose of chemicals containing perchloroethylene (PCE) or methyl tertiary butyl ether (MTBE).

(e)    Facilities that store, process, or dispose of radioactive substances.

(f)    Other activities that the Director or Health Officer determines would significantly degrade groundwater quality or reduce the recharge to aquifers currently or potentially used as a potable water source or that may serve as a significant source of base flow to a flow-sensitive basin stream. The determination must be made based on credible scientific information. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

(1)    Except as provided in Subsection (4) of this Section, the level of study for a site assessment which will be required of the applicant by the Director for a given development will be based on an initial project review by Skagit County Planning and Development Services that may also include staff from the Health Department and a County staff hydrogeologist. The standard site assessment requirements are provided in Subsection (2) of this Section. The reporting requirements for a particular project can be modified, at the discretion of the Director, if it is determined that the preparation of a site assessment is not likely to provide additional information that will aid in the assessment of likely impacts to groundwater quality or quantity.

(2)    Site Assessment Requirements. Unless the scope of the site assessment has been modified by the Director, the site assessment must satisfy the requirements of SCC 14.24.080, and must include:

(a)    A site plan acceptable to the Director, which indicates the approximate location of known or geologically representative wells (abandoned and active), springs, and surface watercourses within 1,000 feet of the project property.

(b)    A description of the site-specific hydrogeological characteristics regarding potential impact(s) to the quantity or quality of underlying aquifer(s). At a minimum this will include a description of the lithology, depth and static water level of known underlying aquifer(s), and depiction of groundwater flow direction and patterns on the appropriate map.

(c)    Identification of the initial receptors of potential adverse impacts located hydraulically down-gradient and within 1,000 feet of the project or as otherwise directed by the Director.

(3)    Additional Site Assessment Elements. After the initial project review, one or more of the site assessment elements listed below may be required based upon the proposed project activity, CARA classification, complexity of underlying hydrogeological conditions, and/or the perceived potential to adversely impact hydraulically downgradient receptors. One or more of these additional site assessment elements may also be required if the applicant chooses to demonstrate that certain mitigation measures are not necessary to protect the quantity or quality of the underlying aquifer(s), or that the project does not pose a detrimental risk to hydraulically downgradient receptors. Additional site assessment elements include:

(a)    Lithologic characteristics, stratigraphic relationships, depth to water, chemical retardation factors, adsorption, and the presence or absence of an impermeable layer of the affected aquifer(s) and overlying geologic units and soil types including thickness, horizontal and vertical extent, permeability, and infiltration rates of surface soils.

(b)    Delineation of identified structural features such as faults, fractures, and fissures.

(c)    Aquifer characteristics including determination of recharge and discharge areas, transmissivity, storage coefficient, hydraulic conductivity, porosity, and estimate of groundwater flow direction, velocity and patterns for the affected aquifer(s).

(d)    Estimate of precipitation and evapotranspiration rates for the project area.

(e)    Preparation of appropriate hydrogeological cross sections depicting underlying lithology and stratigraphy, aquifer(s), and potential or probable contaminant pathways from a chemical release.

(f)    Contaminant fate and transport including probable migration pathways and travel time of potential contaminant release(s) from the site through the unsaturated zone to the aquifer(s) and through the aquifer(s), and how the contaminant(s) may be attenuated within the unsaturated zone and the aquifer(s) with consideration to advection, dispersion, and diffusion of contaminants in the groundwater.

(g)    Delineation of areas potentially affected by contaminant migration on the ground surface and/or through potentially affected aquifer(s).

(h)    Determination of background or existing groundwater quality underlying the project area.

(i)    Development of a groundwater monitoring program to measure potential impacts of the development to underlying aquifer(s).

(j)    Development of a spill plan and/or contingency plan, which meets the requirements of SCC Chapters 14.32, Stormwater Management, and 16.32, Water Pollution, describing the specific actions which will be taken if proposed equipment or materials may introduce contaminants, a release of a contaminant(s) occurs, or if groundwater monitoring results indicate a contaminant(s) from the site has entered the underlying aquifer(s).

(k)    Determination of the degree of continuity between groundwater and nearby surface water including potential impacts to flows in surface water source limited (SWSL) streams from proposed groundwater withdrawals, and potential impacts to surface water quality from site runoff or contaminated groundwater discharge.

(l)    Assessment of the potential for pumping-induced seawater intrusion.

(m)    Nitrate Loading Assessment. For projects that have the potential to adversely impact groundwater quality by nitrate loading, the applicant must test existing wells and/or required test wells for nitrate as nitrogen and calculate the current and projected future groundwater nitrate concentrations at full project build-out, at an appropriate point of compliance, as determined by project characteristics, and in a methodology approved by the County. If the calculated nitrate loading in the intended water supply equals or exceeds five milligrams per liter nitrate as nitrogen, the applicant must develop a mitigation plan with the point of compliance determined based on project characteristics.

(4)    Exemptions. The following activities may be exempted from the assessment requirements of this Section:

(a)    Activities that legally existed on or before June 13, 1996. Expansions or changes in use must comply with the applicable provisions of this Section.

(b)    Activities allowed without standard critical areas review pursuant to SCC 14.24.070.

(c)    Residential uses, including accessory building permits and accessory dwelling unit (ADU) building permits, other than those having activities covered in SCC 14.24.320(4).

(d)    Single-family residential building permits where a site assessment was required to be completed for the land division. To meet the conditions of this exemption, the applicant must comply with the recorded plat notes and the applicable mitigation measures contained in the site assessment.

(e)    Activities already permitted and regulated by the State or the Skagit County Health Department to incorporate best management practices. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

The Director will review development proposals to assess aquifer(s) vulnerability and establish needed mitigation measures. Where determined to be necessary through the site assessment process, or otherwise required under SCC 14.24.310(1)(a)(v), development approvals must include conditions designed to prevent degradation of water quality or reduction in recharge to underlying aquifer(s). The project must not cause exceedance of the water quality standards specified in WAC Chapter 173-200 or otherwise violate the anti-degradation requirements of WAC Chapter 173-200.

(1)    Critical Aquifer Recharge Area (CARA) Protection Plan Elements. In addition to adhering to any of the required protection measures identified above, the applicant must develop for approval by the Director a plan for the proposed development. All conditions applied to permits must be based on all known, available, and reasonable methods of prevention, control, and treatment. Compliance with the plan will be enforceable by the Director. The applicant may amend the plan with the approval of the Director. The Director may, based on performance criteria and monitoring results, require additional amendments to the plan. The plan must contain the project’s permit conditions and, as applicable:

(a)    A description of the measures to be taken, how they will be implemented, and performance criteria.

(b)    An environmental monitoring plan describing the monitoring program, maintenance, and reporting requirements.

(c)    A contingency plan describing corrective actions to be taken if monitoring results indicate that required measures are not effectively protecting groundwater resources and human health. The Director has the authority to impose additional required corrective actions where such measures are necessary to protect groundwater resources or human health. Where appropriate contingencies are not feasible and result in an activity posing unacceptable risk to groundwater resources or human health, the Director must deny the proposal.

(d)    Multiple-stage (or phased) development must consider the total build-out of the project in terms of critical aquifer recharge areas protection to allow for an assessment of the cumulative impacts of the entire development.

(e)    Conditions that would precipitate ceasing the project operation altogether.

(f)    Wellhead Protection. Where a wellhead protection plan addressing the project area exists, the Director must use the recommendations contained in the wellhead protection plan as a basis for formulating required mitigation measures. In the absence of such plan, the Director will contact the owner of the public water system impacted by the proposed project and jointly develop protection measures, a summary of which must be signed by the applicant and recorded with the applicant’s property title.

(g)    Seawater Intrusion. Protection must be consistent with SCC 14.24.380, Seawater intrusion areas.

(h)    Sole Source Aquifer. See SCC 14.78.050(2)(c). There will be no density bonus for CaRD developments in areas designated as a “sole source aquifer,” except where the source of water is from a public water system whose source is outside the designated area or from an approved alternative water system pursuant to SCC Chapter 12.48.

(i)    Nitrate Loading.

(i)    General Requirements. If a calculated nitrate loading concentration for a project at the designated point of compliance per SCC 14.24.330(3)(m) is equal to or greater than five milligrams per liter nitrate as nitrogen, then the applicant must be required to place a notification on the documents of title for the property affected and a monitoring plan must be developed to monitor the nitrate level and include a contingency plan to be implemented if the nitrate level exceeds 10 milligrams per liter nitrate as nitrogen.

(ii)    Land Divisions. If the calculated nitrate loading concentration for a land division at the designated point of compliance per SCC 14.24.330(3)(m) is equal to or greater than five milligrams per liter nitrate as nitrogen, then the applicant must:

(A)    Develop a plan to minimize the nitrate loading rate; and

(B)    Develop a contingency plan to be implemented if the nitrate concentration exceeds 10 milligrams per liter nitrate as nitrogen; and

(C)    Place notification on the plat stating that groundwater protection and contingency plans exist.

(iii)    Mitigation of nitrate in groundwater from on-site septic systems may include decreasing the density of septic system drainfields.

(2)    Recording of Plan Summaries/Title Notices.

(a)    General Requirements. The Director may require that the applicant record a County-approved summary of the protection/contingency plan on the property title. A copy of the recorded summary must be provided to the Director. If a property owner can demonstrate, to the satisfaction of the Director, that protection measures are no longer necessary, the Director must approve the addition of language on the title for the property nullifying the requirements.

(b)    Land Divisions. The Director will require the applicant for a land division to record the plan/notice as part of the plat notes. If the plan is not recorded as or referenced by a plat note, the applicant must record the plan on the affected property title(s).

(3)    Surface Water Source Limited (SWSL) Stream Protection.

(a)    If a project, excluding additions to a single-family dwelling unit that rely on an existing domestic groundwater system, is located within one-half mile of any of the streams identified in Subsection (3)(d) of this Section as SWSL streams the following mitigation measures will be required, as applicable:

(i)    Public Water. If an existing public water system, the source for which is located outside of the watershed containing the project, is timely and reasonably available to a project property within a SWSL watershed, and where the water provider is willing and able to provide safe and reliable potable water service, then the project will be required to connect to the public water supply as a condition of project approval.

(ii)    Interim Groundwater Withdrawals. If public water is not timely and reasonably available, as specified in Subsection (3)(a)(i) of this Section, the applicant may utilize groundwater withdrawn from the SWSL watershed on an interim basis, providing that the property is subject to mandatory participation in a local utility district (LUD) or special improvement district that will provide potable water service to the property if and when that occurs. The property owner will be required to sign a written agreement with the County agreeing not to protest the LUD or special improvement district, and have those conditions recorded on the property title before a County permit or land division is approved. The property owner must also agree through the above written agreement to connect all water fixtures to this public water system as soon as it is timely and reasonably available, and must decommission any well(s) utilized for interim groundwater withdrawals in accordance with applicable State and County rules and regulations expediently following connection to the public system.

(iii)    Lawn Watering. Lawn water restrictions or other water use conservation measures will be required for properties included in land divisions approved after the date of adoption of the ordinance codified in this Chapter. Lawn watering restrictions for interim groundwater withdrawals will not apply under the following conditions:

(A)    The proposed development connects to an existing public water supply as described in Subsection (3)(a)(i) of this Section; or

(B)    The proposed development is drawing water from an aquifer that meets the demonstration standard as specified in Subsection (3)(e) of this Section.

(iv)    Public Water Lines. The County should encourage extension of new public water lines to serve existing legal lots of record in SWSL watersheds through establishment of a utility improvement district or other shared funding mechanism provided any such extension outside of an urban growth area is consistent with the County’s Comprehensive Plan.

(v)    Comprehensive Plan. Where economically feasible, the County will consider as part of its Comprehensive Plan limitations on the uses and densities within designated SWSL stream corridors to limit new individual wells as necessary to protect tributary base flows.

(b)    If a project is located within one-half mile of any of the streams identified in Subsection (3)(d) of this Section as SWSL on-site stormwater dispersion or infiltration will be required using BMP designs specified by SCC Chapter 14.32.

(c)    Samish River Basin. There will be no density bonus for CaRD developments that rely on groundwater as the water source and where the well is located within one-half mile of the Samish River or Friday Creek.

(d)    For the purposes of implementing this Chapter, the following streams are designated as surface water source limited streams:

(i)    Carpenter Creek;

(ii)    Coal Creek;

(iii)    Diobsud Creek;

(iv)    Friday Creek;

(v)    Grandy Creek;

(vi)    Jones Creek;

(vii)    Lake Erie;

(viii)    Nookachamps Creek;

(ix)    Samish River;

(x)    Whitehall Creek.

(e)    Exceptions. Projects are exempt from the measures described in Subsections (3)(a) and (3)(b) of this Section under the following conditions:

(i)    The applicant demonstrates, through an appropriate hydrogeologic characterization, that any groundwater withdrawal proposed for the project will not adversely impact stream flows deemed critical to salmonids in a SWSL stream; provided, that a report referencing the hydrological determination must be recorded on the plat and/or title; or

(ii)    If the project is located outside of the watershed of the streams listed in Subsection (3)(d) of this Section; or

(iii)    If the project is located in an area where groundwater is under tidal influence. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

(1)    Except as provided in Subsection (2) of this Section, average daily groundwater withdrawals for projects initiated after the effective dates indicated below will be limited in each instream-flow basin with instream flow rules. The Director, in coordination with the Washington Department of Ecology, will be responsible for ensuring compliance with RCW 36.70A.590 and 90.44.050, WAC Chapters 173-501, 173-503, and 173-505.

(a)    Skagit River Basin is regulated under WAC Chapter 173-503. Skagit County adheres to the rules and regulations listed in the Instream Resources Protection Program, identified as Lower and Upper Skagit Water Resources Inventory Area (WRIA 3 and 4).

(i)    Effective Date. Groundwater withdrawals that were established after April 14, 2001, will be subject to WAC Chapter 173-503.

(b)    Stillaguamish River Basin is regulated under WAC Chapter 173-505. Skagit County adheres to the rules and regulations listed in the Instream Resources Protection Program, identified as Stillaguamish Water Resources Inventory Area (WRIA 5).

(i)    Effective Date. Groundwater withdrawals that were established after September 26, 2005, will be subject to WAC Chapter 173-505.

(c)    Nooksack River Basin is regulated under WAC Chapter 173-501. Skagit County adheres to the rules and regulations listed in the Instream Resources Protection Program, identified as Nooksack Water Resources Inventory Area (WRIA 1).

(i)    Effective Date. Groundwater withdrawals that were established after June 27, 2020, will be subject to WAC 173-501-065.

(2)    Mitigation Option. The applicant adopts mitigation measures approved by the Health Officer, using criteria developed in coordination with the Washington Department of Ecology, to prevent the groundwater withdrawal from adversely impacting stream flows deemed critical to salmonids in instream-flow basins. The mitigation plan must provide mitigation that fully offsets the consumptive impacts of future water use. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

Repealed by Ord. O20250011. (Ord. O20080014 (part))

Repealed by Ord. O20250011. (Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

(1)    Applicability. This Section applies to wells and applications for building permits; special use permits; and land divisions in the following areas, in order to protect groundwater quality and quantity as directed by the Growth Management Act, and in accordance with groundwater antidegradation policy as described in WAC 173-200-030, RCW Chapter 90.48 and RCW 90.54.020:

(2)    Designations.

(a)    “Seawater intrusion protection areas” means those areas:

(i)    Within one-half mile of a marine shoreline; and

(ii)    The entirety of Guemes, Sinclair, Cypress, and Vendovi Islands.

(3)    Application Requirements.

(a)    Prior to drilling any new well in an area designated as a seawater intrusion protection area, an application must include:

(i)    A site plan to scale, including:

(A)    A dedicated inland well site location;

(B)    Estimated depth of proposed well;

(C)    An estimated ground elevation of the well using an approved measurement method;

(D)    Location, distance, depth and chloride levels of surrounding wells within 1,000 feet of proposed well, as available;

(ii)    A drilling plan as provided by a licensed driller or qualified professional that includes the expected substrate to be encountered, expected depth to target aquifer, method of construction, and any other applicable information;

(iii)    Payment of applicable fees.

(b)    For Alternative Water Sources Other Than Groundwater Wells. An application proposing use of an alternative water source must include the following:

(i)    Documentation of system design consistent with this Section and SCC 12.48.250;

(ii)    Payment of applicable fees.

(c)    For Land Divisions. In addition to any applicable requirements above, an application for a land division proposing use of a well must include the following:

(i)    An assessment of the available groundwater, including a report from a demonstration well located so that it will represent the groundwater under the entire land division and with consideration to where other wells will be located in the land division;

(ii)    If the proposed land division is within an area of documented chlorides in excess of 25 ppm, all well locations must be specified and spaced 100 feet or more from any other well, including wells on neighboring properties. If the proposed land division is located in areas where chloride levels exceed 100 ppm, all wells must receive approval of the Health Department.

(d)    For Wells in a Sole Source Aquifer Area. Prior to drilling any new well in an area designated a sole source aquifer, the information set forth in Subsection (3)(a) of this Section must be submitted to the Department.

(4)    Development Standards for Alternative Water Sources.

(a)    Where a known seawater intrusion problem exists, alternative sources of water other than groundwater wells are encouraged, but must comply with the requirements of SCC 12.48.250.

(b)    Reverse Osmosis Systems. Any reverse osmosis system must be designed to:

(i)    Use seawater collected from the open sea as the water source; and

(ii)    Discharge effluent only to the open sea.

(5)    Development Standards for Wells.

(a)    For both existing and new wells, a well driller must:

(i)    Install a wellhead source meter;

(ii)    Install a sounding tube to allow water level measurements;

(iii)    Install a valve restrictor or other permanent flow restrictive equipment to set the maximum pumping rate consistent with Table 14.24.380-1.

(b)    Documentation of Installation. The applicant must submit the following:

(i)    Well report with tag ID;

(ii)    Proof of installation of the sounding tube;

(iii)    Proof of installation of a valve restrictor or other permanent flow restrictive equipment in accordance with Table 14.24.380-1;

(iv)    Chloride and conductivity test results from an untreated water sample as processed by a Washington State Department of Ecology certified laboratory; and

(v)    A final land elevation of the well using an accurate method approved by the Director.

(c)    Maximum Pumping Rates.

(i)    The maximum pumping rate for wells must be set consistent with the following table, based on chloride test results from the well under review as reported by an Ecology-certified laboratory.

(ii)    A maximum pumping rate other than that in the table may be set if approved by a licensed hydrogeologist or qualified professional approved by the County.

(6)    Sampling. All groundwater sources located in seawater intrusion areas shall be sampled for chloride and conductivity in April and September of each year and submitted to Skagit County Planning and Development Services annually. Deviations from this sampling requirement may be considered by the Director. Water quality results must be analyzed by a Washington State Department of Ecology certified laboratory.

(7)    Public Water. If connection to an existing public water system is timely and reasonably available to a project property within a seawater intrusion area, and where the water provider is willing and able to provide safe and reliable potable water service, then the project will be required to connect to the public water supply as a condition of project approval.

(8)    Authority for Denial. If chloride levels are equal to or above 250 ppm from a groundwater source, development cannot utilize that water source. (Ord. O20250011 § 1 (Att. 2); Ord. O20240004 § 1 (Att. 1); Ord. O20230001 § 1 (Att. 2); Ord. O20160004 § 6 (Att. 6))

Geologically hazardous areas must be designated consistent with the definitions provided in WAC 365-190-030 and 365-190-120. These include areas susceptible to the effects of erosion, sliding, earthquake, or other geologic events. They pose a threat to the health and safety of citizens when incompatible residential, commercial, industrial, or infrastructure development is sited in areas of a hazard. Geologic hazards pose a risk to life, property, and resources when steep slopes are destabilized by inappropriate activities and development or when structures or facilities are sited in areas susceptible to natural or human-caused geologic events. Some geologic hazards can be reduced or mitigated by engineering, design, or modified construction practices so that risks to health and safety are acceptable. When technology cannot reduce risks to acceptable levels, building and other construction in, above, and below geologically hazardous areas must be avoided. (Ord. O20250011 § 1 (Att. 2); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

Geologically hazardous areas are classified as “known or suspected risk” or “unknown risk.” Areas of known or suspected risk are indicated in Subsections (1) through (5) of this Section.

(1)    The following are considered known or suspected erosion hazards:

(a)    Areas with gradients greater than or equal to 30 percent.

(b)    Areas located within the following map units: No. 1 Andic Cryochrepts, Nos. 3 and 4 Andic Xerocrepts, No. 13 Birdsview, Nos. 47 and 48 Dystric Xerochrepts, Nos. 50 and 51 Dystic Xerorthents, Nos. 63 and 65 Guemes, No. 69 Hoogdal, No. 90 Lithic Haploxerolls, No. 91 Marblemount, No. 99 Mundt and Nos. 150 and 151 Typic Croyorthods or mapped severe erosion hazard, as identified in the U.S. Department of Agriculture Natural Resources Conservation Service Soil Survey of Skagit County Area, WA (1989 or as revised).

(c)    Coastal beaches or bluffs.

(d)    Areas designated in the Department of Ecology, Coastal Zone Atlas, Washington, Volume Two Skagit County (1978 or as revised) as U (Unstable), URS (Unstable Recent Slide), or UOS (Unstable Old Slide).

(e)    Areas susceptible to rapid stream incision and stream bank erosion.

(2)    Landslide hazards are areas potentially subject to landslides based on a combination of geologic, topographic and hydrologic factors. The following are known or suspected landslide hazards:

(a)    Areas designated in the Department of Ecology, Coastal Zone Atlas, Washington, Volume Two, Skagit County (1978 or as revised) as U (Unstable), URS (Unstable Recent Slide), or UOS (Unstable Old Slide).

(b)    Areas with all three of the following characteristics:

(i)    Slopes steeper than 15 percent;

(ii)    Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and

(iii)    Springs or groundwater seepage.

(c)    Slopes of 40 percent or steeper and with a vertical relief of 10 feet or more.

(d)    Areas of previous failure such as earth slumps, earthflows, mudflows, lahars, debris flows, rock slides, landslides or other failures as observed in the field or as indicated on maps or in technical reports published by the U.S. Geological Survey, the Washington Geological Survey, or other documents authorized by government agencies.

(e)    Potentially unstable areas resulting from rapid stream incision, stream bank erosion, and undercutting by wave action.

(f)    Coastal bluffs.

(g)    Slopes with a gradient greater than 80 percent and subject to rock fall.

(h)    Areas that are at risk from snow avalanches.

(i)    Areas designated on the Skagit County Alluvial Fan Study Orthophoto Maps as alluvial fans or as identified by the Director during site inspection.

(j)    Areas located in a narrow canyon potentially subject to inundation by debris flows or catastrophic flooding.

(k)    Those areas delineated by the U.S. Department of Agriculture’s Natural Resources Conservation Service Soil Survey of Skagit County as “severe” (Table 9) limitation for building development.

(l)    Areas that have shown movement during the Holocene epoch (from 10,000 years ago to the present) or which are underlain or covered by mass wastage debris of this epoch.

(m)    Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials.

(3)    Seismic hazard areas are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting. The following are known or suspected seismic hazards:

(a)    Areas located within a high liquefaction susceptibility as indicated on the Washington Department of Natural Resources’ Washington Geologic Information Portal. A site assessment is not required for high liquefaction hazard areas for single-family residence proposals unless other criteria provided in this Section apply.

(b)    Areas located within one-quarter mile of an active fault as indicated on investigative maps or described in studies by the United States Geologic Survey, Washington Geological Survey, or other documents authorized by government agencies, or as identified during site inspection.

(c)    Those known or suspected erosion and landslide hazards referenced in Subsections (1) and (2) of this Section.

(d)    Tsunami and seiche hazard areas include coastal areas and lake shoreline areas susceptible to flooding, inundation, debris impact, and/or mass wasting as the result of coastal or inland wave action generated by seismic events or other geologic events. Suspect tsunami hazard areas are indicated on the Tsunami Hazard Map of the Anacortes-Whidbey Island Area, Washington: Modeled Tsunami Inundation from a Cascadia Subduction Zone Earthquake. A site assessment is not required for tsunami and seiche hazard areas but they are addressed through SCC Chapter 14.34, Flood Damage Prevention.

(4)    Volcanic hazard areas are subject to pyroclastic flows, lava flows, debris avalanche, and inundation by debris flows, mudflows, lahars or related flooding resulting from volcanic activity. Suspect volcanic hazards include those areas indicated in the United States Geologic Survey Open-File Report 95-499 as the volcanic hazard zone for Glacier Peak, Washington; or in the United States Geologic Survey Open-File Report 95-498 as the volcanic hazard area of Mount Baker, Washington. A site assessment is not required for volcanic hazard areas unless other criteria provided in this Section apply.

(5)    Mine hazard areas as designated on the Department of Natural Resources Map: Coal Measures of Skagit County (1924), as indicated on the Washington Department of Natural Resources’ Washington Geologic Information Portal, or within 200 feet of any other current or historic mine operations determined to be a suspect or known geologically hazardous area by the Director. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

(1)    If the Director determines that the proposed development activity is located within 200 feet of an area of known or suspected risk as indicated in SCC 14.24.410, or within a distance from the base of a landslide hazard area equal to the vertical relief, and that the geologic condition may pose a risk to life and property, or other critical areas on and off the project area, a geologic hazard site assessment as indicated in this Section will be required. This site assessment must be prepared by a qualified professional.

(2)    The geologically hazardous area site assessment must classify the type of geologic hazard(s) in accordance with SCC 14.24.400 and 14.24.410. In addition to the requirements of SCC 14.24.080, the site assessment must include the following:

(a)    A site plan depicting the height of slope, slope gradient, and cross section indicating the stratigraphy of the site. The site plan must indicate the location of all existing and proposed structures and any significant geologic features such as outcrops, springs, seeps, ponds, streams, or other water bodies; and

(b)    An assessment of the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the subject property and potentially affected adjacent properties. Soils must be described in accordance with the Unified Soil Classification System; and

(c)    A description of load intensity, surface and groundwater conditions, public and private sewage disposal systems, fills and excavations, and all structural development; and

(d)    A description of the extent and type of vegetative cover including tree attitude; and

(e)    For potential coastal bluff geologic hazards: estimate of the bluff retreat rate, which recognizes and reflects potential catastrophic events such as seismic activity or a 100-year storm event; and

(f)    For potential landslide hazards: estimate slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure. Quantitative analysis of slope stability or slope stability modeling may be required by the Director; and

(g)    Additional site assessment elements may be required by the Director.

(3)    Properties containing geologically hazardous conditions identified by the Director and the qualified professional require a geologically hazardous area mitigation plan. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

The mitigation plan must be prepared by a qualified professional and include a discussion on how the project has been designed to avoid and minimize the impacts discussed under SCC 14.24.420. The plan must also make a recommendation for the minimum setback from the geologic hazard. Mitigation plans must include the location and methods of drainage, locations and methods of erosion control, a vegetation management and/or restoration plan, and/or other means for maintaining long-term stability of geologic hazards. The plan must also address the potential impact of mitigation on the hazard area, the subject property, and affected adjacent properties. The mitigation plan must be approved by the Director and be implemented as a condition of project approval.

One or more of the following mitigation standards, as required by the Director, must be included as components of a mitigation plan pursuant to the requirements of SCC 14.24.420. Mitigation standards, other than those listed below, may be required by the Director depending on the geologic hazard and the site conditions.

(1)    Mitigation Standards.

(a)    A construction stormwater pollution prevention plan per SCC Chapter 14.32 (Stormwater Management).

(b)    A plan for the collection, transport, treatment, discharge, and/or recycling of stormwater in accordance with the requirements of SCC Chapter 14.32, as amended. Surface drainage must not be directed across the face of a landslide hazard (including marine bluffs or ravines). If drainage must be discharged from the hazard area into adjacent waters, it will be collected above the hazard and directed to the water by tight line drain and provided with an energy dissipating device at the point of discharge.

(c)    All proposals involving excavation and/or placement of fill must be subject to structural review under the appropriate provisions of the International Building Code (IBC) as amended by Skagit County.

(d)    Critical facilities as defined under SCC Chapter 14.04 must not be sited within designated geologically hazardous areas with the exception of volcanic hazard areas. No critical facilities shall be located within one-quarter mile of an active fault.

(e)    All infiltration systems, such as stormwater detention and retention facilities and curtain drains utilizing buried pipe or French drains, are prohibited in geologically hazardous areas and their buffers unless the mitigation plan indicates such facilities or systems will not affect slope stability.

(f)    Existing vegetation must be maintained in landslide and erosion hazard areas and associated buffers. Any replanting that occurs must consist of native trees, shrubs, and ground cover that is compatible with the existing surrounding native vegetation, meets the objectives of erosion prevention and site stabilization, and does not require permanent irrigation for long-term survival. Normal nondestructive pruning and trimming of vegetation for maintenance purposes; or thinning of limbs of individual trees to provide a view corridor, will not be subject to these requirements.

(g)    A minimum buffer width of 30 feet must be established from the top, toe, and all edges of all landslide and erosion hazard areas. For landslide and erosion hazard areas with a vertical relief greater than 50 feet, the minimum buffer will be 50 feet. The buffer may be increased by the Director for development adjacent to a marine bluff or ravine which is designated as Unstable in the Coastal Zone Atlas, Washington, Volume Two, Skagit County (1978 or as revised) or where the Director determines a larger buffer is necessary to prevent risk of damage to existing and proposed development.

(h)    Structural development proposals within seismic hazard areas must meet all applicable provisions of the IBC as amended by Skagit County. The Director will evaluate documentation submitted pursuant to SCC 14.24.420(2) and condition permit approvals to minimize the risk on both the subject property and affected adjacent properties. All conditions must be based on known, available, and reasonable methods of prevention, control, and treatment. Evaluation of geotechnical reports may also constitute grounds for denial of the proposal.

(i)    No residential structures will be permitted in geologically hazardous areas or their buffers if that hazard cannot be fully mitigated.

(2)    Landslide or Erosion Hazard Buffer Reduction. Buffers of landslide or erosion hazard areas may be reduced to a minimum of 10 feet for development meeting all of the following criteria:

(a)    No reasonable alternative to buffer reduction exists; and

(b)    A site assessment is submitted and certifies that:

(i)    There is a minimal hazard in the vicinity of the proposed development as proven by evidence of no landslide activity in the past; and

(ii)    A quantitative slope stability analysis indicates no significant risk to the development proposal and adjacent properties; or the geologically hazardous area can be modified; or the development proposal can be designed so that the hazard is eliminated. The quantitative analysis must include the minimum setback allowed for development as indicated by a slope stability model with respect to a minimum factor of safety of 1.5 for static conditions, 1.25 for seismic conditions, or 10 feet, whichever results in the greater setback. The elements of the quantitative site assessment will be determined by the Director and may include one or more of the following:

(A)    Subsurface exploration, to include at least one boring with sample collection for laboratory analysis.

(B)    Laboratory analysis will assess the soil characteristics and include sieve analysis, moisture, angle of internal friction, and cohesion.

(C)    Utilizing the information from the subsurface exploration and laboratory analysis, the quantitative site assessment must include slope stability modeling with factor of safety analysis. The analysis must indicate the factor of safety within 50 feet of the top and toe of geologic hazards; and

(iii)    The development will not significantly increase surface water discharge or sedimentation to adjacent properties beyond pre-development conditions; and

(iv)    The development will not decrease slope stability on adjacent properties; and

(v)    Such alterations will not adversely impact other critical areas.

(3)    Failed Mitigation Plans. Mitigation plans which do not fulfill the performance requirement based on the site assessment/geotechnical report findings or otherwise fail to meet the intent of this Chapter must be revised and the subject development brought into compliance with the revised mitigation plan.

(4)    Mitigation Plan Verification. Upon completion of the project, a qualified professional will verify that the mitigation plan has been properly implemented. The verification will be required prior to final approval of the project by the Director. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

(1)    Fish and wildlife habitat conservation areas (FWHCAs) are listed in WAC 365-190-130 and are designated as follows:

(a)    Areas with which endangered, threatened, and sensitive species have a primary association;

(b)    Habitats and species of local importance that have been designated by the County (Subsection (4) of this Section);

(c)    All public and private tidelands suitable for shellfish harvest;

(d)    Kelp and eelgrass beds, herring and smelt spawning areas;

(e)    Naturally occurring ponds under 20 acres with submerged aquatic beds that provide fish or wildlife habitat as further defined in WAC 365-190-130(4)(e);

(f)    Waters of the State as defined by RCW 90.48.020 and typed waters as defined by WAC 222-16-030;

(g)    Lakes, ponds, streams, and rivers planted with game fish by a governmental or Tribal entity;

(h)    Areas with which anadromous fish species have a primary association;

(i)    State natural area preserves and natural resource conservation areas;

(j)    Other aquatic resource areas;

(k)    Forage fish spawning areas;

(l)    State priority habitats and areas associated with State priority species as defined in WAC 365-190-080 or documented in the Washington State Department of Fish and Wildlife Priority Habitats and Species List; and

(m)    Areas of rare plant species and high quality ecosystems as identified by the Washington State Department of Natural Resources through the Natural Heritage Program in RCW Chapter 79.70.

(2)    In addition to the FWHCAs identified in Subsection (1) of this Section, additional habitats and species of local importance may be designated by the Director based on declining populations, sensitivity to habitat manipulation, or special value including but not limited to commercial, game, or public appeal.

(3)    In order to nominate an area or a species to the category of habitats and species of local importance, an individual or organization must:

(a)    Demonstrate a need for special consideration based on:

(i)    Declining population;

(ii)    Sensitivity to habitat manipulation; or

(iii)    Commercial or game value or other special value, such as public appeal; and

(b)    Propose relevant management strategies considered effective and within the scope of this Chapter; and

(c)    Provide species habitat location(s) on a map (scale 1:24,000). Submitted proposals will be reviewed by the Director and forwarded to the Departments of Fish and Wildlife, Natural Resources, and/or other local and State agencies or experts for comments and recommendations regarding accuracy of data and effectiveness of proposed management strategies.

Skagit County will hold a public hearing for proposals found to be complete, accurate, potentially effective, and within the scope of this Chapter. Approved nominations will become designated “habitats/species of local importance” and will be subject to the provisions of this Chapter.

(4)    The following species and habitats have been designated on a site-specific basis according to the Washington Department of Fish and Wildlife Priority Habitats and Species List, 2023 or as amended, and/or the County’s List of Habitats and Species of Local Importance:

(a)    Great blue heron nest sites;

(b)    Vaux’s swifts communal roosts;

(c)    Pileated woodpecker nest sites;

(d)    Osprey nest sites;

(e)    Townsend big-eared bat communal roosts;

(f)    Cavity nesting duck breeding areas;

(g)    Trumpeter swan concentrations;

(h)    Harlequin duck breeding areas;

(i)    Waterfowl concentrations. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20160004 § 6 (Att. 6); Ord. O20080014 (part))

Water types must be classified according to WAC 222-16-030. Type S streams include shorelines of the State and have flows averaging 20 or more cubic feet per second; Type F streams are those that are not Type S but still provide fish habitat; and Type N streams do not have fish habitat and are either perennial (Np) or seasonal (Ns). All streams are those areas where surface waters flow sufficiently to produce a defined channel or bed as indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. Ns waters must be physically connected by an above-ground channel system to Type S, F, or Np waters. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

Any project within 200 feet of a fish and wildlife habitat conservation area outside the special flood hazard area (SFHA) or within the protected review area as defined in SCC 14.34.055 requires a FWHCA site assessment. In addition to the requirements of SCC 14.24.080, the following must be included in the site assessment:

(1)    Functions and values analysis, which includes but is not limited to a discussion of water quality/quantity and fish and wildlife habitat; and

(2)    An analysis of the buffer areas above the ordinary high water mark including:

(a)    Recruitment of large woody debris (LWD) to the stream;

(b)    Shade;

(c)    Bank integrity (root reinforcement);

(d)    Runoff filtration;

(e)    Wildlife habitat;

(f)    Microclimate;

(g)    Nutrient inputs.

(3)    Bald eagle habitats must be protected pursuant to the Federal Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, as revised; a cooperative habitat management plan must be developed in coordination with the U.S. Fish and Wildlife Service with support from the Washington Department of Fish and Wildlife whenever activities that alter habitat are proposed near a verified nest territory or communal roost.

(4)    All other fish and wildlife habitat conservation areas, including habitats and species of local importance, must be protected on a case-by-case basis by means of a habitat management plan based on information from the Washington State Priority Habitat and Species (PHS) program, U.S. Fish and Wildlife Service, National Atmospheric Administration (NOAA), and other applicable agencies, as set forth in the site assessment requirements in SCC 14.24.080 and this Section. (Ord. O20250011 § 1 (Att. 2); Ord. O20110008 (part): Ord. O20090011 Attch. 2 (part): Ord. 17938 Attch. F (part), 2000)

(1)    Riparian Management Zone. Riparian management zones apply only to streams and rivers.

(a)    Intent of buffers is to act as riparian management zones. The intent of riparian management zones is to protect the following basic functions:

(i)    Recruitment of large woody debris (LWD) to the stream. LWD creates habitat structures necessary to maintain salmon/trout and other aquatic organisms’ productive capacity and species diversity.

(ii)    Shade. Shading by the forest canopy maintains cooler water temperatures and influences the availability of oxygen for salmon/trout and other aquatic organisms.

(iii)    Bank Integrity (Root Reinforcement). Bank integrity helps maintain habitat quality and water quality by reducing bank erosion and creating habitat structure and in-stream hiding cover for salmon/trout and other aquatic organisms.

(iv)    Runoff Pollutant Removal. Riparian management zones reduce nonpoint source pollutants, including nutrients and sediments in runoff (surface and shallow subsurface flows) through biogeochemical cycles that help maintain water quality.

(v)    Wildlife Habitat. Functional wildlife habitat for riparian-dependent species is based on sufficient amounts of riparian vegetation to provide protection for nesting and feeding.

(vi)    Microclimate. Riparian vegetation creates small-scale microclimates upon which plants, fish, and wildlife depend.

(vii)    Nutrient Inputs. Riparian vegetation supports substantial populations of insects, which are important for the diet of marine fishes like juvenile salmon.

(viii)    Wildlife Habitat Connectivity. Riparian areas serve as critical corridors that allow terrestrial wildlife to move between habitats. These corridors support biodiversity by facilitating species migration, dispersal, foraging, and access to water.

(b)    Standard Riparian Buffers Measurement. Riparian buffer areas are measured horizontally in a landward direction from the ordinary high water mark. Where a stream buffer is within a continuous slope of 30 percent or greater, the buffer must include such sloping areas. Where the horizontal distance of the sloping area is greater than the required standard buffer, the buffer must be extended to a point 25 feet beyond the top of the bank of the sloping area. Riparian areas do not extend beyond the toe of the slope on the landward side of existing dikes or levees within established dike districts along the Skagit and Samish Rivers.

(c)    Standard Riparian Buffer Widths. Riparian areas have the following standard buffer widths:

(i)    Standard riparian buffer widths presume the buffer is densely vegetated with a native plant community appropriate for the ecoregion, consisting of an average of 80 percent native cover comprised of trees, shrubs and groundcover plants. If the existing buffer is sparsely vegetated or vegetated with invasive species, the buffer must either be enhanced through an approved mitigation plan or increased by 33 percent or to a 100-foot minimum, whichever is greater.

(d)    A 15-foot-wide structure setback is required from the upland edge of the entire riparian management zone to provide an area for construction and maintenance of buildings and other structures. This distance may be modified with approval of the Director. The following may be allowed within the structure setback:

(i)    Landscaping with non-invasive species only;

(ii)    Building overhangs if such overhangs do not extend more than 18 inches into the setback area;

(iii)    Impervious ground surfaces, such as driveways and patios; provided, that such improvements may be subject to special drainage provisions adopted for the various critical areas; and

(iv)    Trails.

(2)    Lake and Marine Shoreline Buffers. Lake and marine shoreline areas have the following standard buffer widths, based on the shoreline area designations defined in the Shoreline Master Program (SCC Chapter 14.26):

Natural Ponds Less Than 20 Acres. One hundred feet if non-fish-bearing, 150 feet if fish-bearing.

(3)    Where a buffer has been previously established after June 13, 1996, through a County development review and is permanently recorded on title or placed within a separate tract or easement, the buffer will be as previously established provided:

(a)    It is equal to or greater than 50 percent of the current required standard buffer width for the water type classification; and

(b)    It is densely vegetated with native plants and invasive plant cover is low; or it is restored to meet vegetated buffer standards (Subsection (1)(c)(i) of this Section); and

(c)    If stream location or ordinary high-water mark has changed since the previous review, additional review should occur.

If Subsections (3)(a) through (3)(c) of this Section are not met, then current riparian buffer widths per Subsection (1) of this Section apply. Additional review may be requested by the applicant or required by the Director to determine whether or not conditions on site have changed resulting in the previously established buffer no longer being applicable. If Subsection (3)(a) of this Section cannot be met, the Director may allow the buffer to be as previously established, provided the proposed development does not expand beyond the previously approved area of impact.

(4)    Where a legally established and constructed public roadway, private roadway, or other legally established development functionally isolates a riparian buffer, the Department may approve a modification of the standard buffer width to the edge of the development, provided:

(a)    The isolated part of the buffer does not provide additional protection of the riparian area; and

(b)    The isolated part of the buffer provides insignificant biological, geological or hydrological buffer functions relating to the riparian area; and

(c)    If the resulting buffer distance is less than 50 percent of the standard buffer for the applicable stream type or shoreline designation, no further reduction will be allowed;

(d)    The legally established development includes hard surfaces a minimum of 20 feet wide that completely isolate the project area from the critical area.

(5)    On development proposal sites involving land division, long plat, and/or a binding site plan, that contain streams and/or wetlands with a habitat score greater than or equal to six, that are also located within 200 feet of an on-site or off-site stream and/or wetland with a habitat score greater than or equal to six, a fish and wildlife habitat corridor must be set aside and protected as follows:

(a)    New development proposals, subdivisions, short subdivisions, commercial site plans, and binding site plans must place the corridor in a contiguous permanent critical area tract with all developable lots sited on the remaining portion of the project site.

(b)    The fish and wildlife habitat corridor must be sited on the development in order to meet the following conditions, where feasible:

(i)    Forms one contiguous tract that connects on-site high value habitat areas to other on-site or off-site high value habitat areas;

(ii)    New development proposals must provide a minimum fish and wildlife habitat corridor width of 100 feet or a corridor width that is consistent with an approved habitat management plan. The corridor width should not be less than 100 feet wide at any point;

(iii)    New development proposals on sites constrained by a fish and wildlife habitat corridor and where development already exists must maintain a minimum fish and wildlife habitat corridor width of 100 feet unless, through an approved habitat management plan, it can be shown that a lesser habitat corridor width supports and maintains the corridor’s function and value;

(iv)    Be contiguous with and include and/or connect critical areas, buffers, wildlife habitat corridors, native growth protection easements, and open space tracts or wooded areas on site or on adjacent properties, if present; and

(v)    The Director may modify corridor widths based on supporting documentation from an approved habitat management plan.

(c)    A management plan for the wildlife corridor contained within a tract or tracts must be prepared that specifies the permissible extent of recreation, forestry or other uses compatible with preserving and enhancing the wildlife habitat value of the tract or tracts. The management plan must be reviewed and approved by the Department. The approved management plan for a development proposal must be contained within and recorded on title or with the covenants, conditions and restrictions (CCRs). If the wildlife corridor is contained in a conservation easement, a management plan is not required, but may be submitted to the Department for review and approval and recorded with the conservation easement.

(d)    Clearing within the wildlife corridor contained in a tract or tracts will be limited to that allowed by the management plan or as otherwise allowed by this Chapter. No clearing, including the removal of woody debris, will be allowed within a wildlife corridor contained within a conservation easement on individual lots, unless the property owner has an approved management plan.

(e)    Where feasible, a homeowners’ association or other entity capable of long-term maintenance and operation must be established to monitor and assure compliance with the management plan. The association must provide homeowners with information on the Washington Department of Fish and Wildlife’s backyard wildlife sanctuary program.

(f)    Low impact uses and activities which are consistent with the purpose and function of the habitat corridor and do not detract from its integrity may be permitted within the corridor depending on the sensitivity of the habitat area. Examples of uses and activities which may be permitted in appropriate cases include trails that are pervious, viewing platforms, stormwater management facilities such as grass-lined swales, utility easements and other similar uses, or activities otherwise described and approved by the Washington Department of Fish and Wildlife; provided, that any impacts to the corridor resulting from such permitted facilities shall be fully mitigated.

(g)    At the discretion of the Director, these standards may be waived or reduced for public facilities such as public schools, fire stations, public parks, and public road projects.

(h)    The wildlife corridor tract or easement must be permanently marked and/or fenced consistent with the methods contained in SCC 14.24.090 and the County’s design and construction standards in effect at the time of application. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20090011 Attch. 2 (part); Ord. O20080014 (part))

(1)    Buffer Width Increasing. The Director may require the standard buffer width to be increased or to establish habitat corridors, when such buffers are necessary for one of the following:

(a)    To protect priority fish or wildlife using the FWHCA.

(b)    To provide connectivity when a Type S or F water body is located within 300 feet of:

(i)    Another Type S or F water body; or

(ii)    A FWHCA; or

(iii)    A Category I, II or III wetland;

(iv)    To protect habitat corridor connections between open spaces and critical areas inside and outside the County.

The increased buffer distance may be limited to those areas that provide connectivity or are necessary to protect habitat functions. Increasing the buffer widths will only be done where necessary to preserve the structure, function and value of the habitat.

(2)    Buffer Width Averaging. Buffer width averaging allows limited reductions of buffer width in specified locations, while requiring increases in others. Prior to considering buffer averaging, the applicant must demonstrate application of mitigation sequencing as required in SCC 14.24.080. Averaging of required buffer widths will be allowed only where the applicant demonstrates to the Director that all of the following criteria are met:

(a)    Averaging is necessary to accomplish the purpose of the proposal and no reasonable alternative is available; and

(b)    The habitat contains variations in sensitivity due to existing physical characteristics; and

(c)    Averaging will not adversely impact the functions and values of fish and wildlife habitat conservation areas; and

(d)    Averaging meets performance standards for protecting fish species; and

(e)    The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging; and

(f)    The buffer width will not be reduced below 75 percent of the standard buffer width;

(g)    Compensatory mitigation is provided to address degraded buffer.

(3)    Buffer Width Decreasing. Buffer widths may only be decreased as part of a reasonable use exception or variance request pursuant to SCC 14.24.140 or 14.24.150. Prior to considering buffer reductions, the applicant must demonstrate application of mitigation sequencing as required in SCC 14.24.080. In all circumstances where a substantial portion of the remaining buffer is degraded, the buffer reduction plan will include replanting with native vegetation in the degraded portions of the remaining buffer area and must include a five-year monitoring and maintenance plan.

(4)    Allowed Uses in FWHCAs or Buffers. The following activities may be permitted within FWHCAs, provided the activities comply with SCC 14.24.080, 14.24.520, and SCC Chapter 14.34, where applicable.

(a)    Roads, Bridges, Driveways and Utilities. Road, bridge, driveway and utility construction may be permitted across a FWHCA and/or its buffer under the following conditions:

(i)    It is demonstrated to the Director that there are no alternative routes that can be reasonably used to achieve the proposed development; and

(ii)    The activity will have minimum adverse impact to the FWHCA; and

(iii)    The activity will not significantly degrade surface or groundwater; and

(iv)    The intrusion into the FWHCA and its buffers is fully mitigated;

(v)    The need for placing a driveway within an FWHCA buffer was not created by a development action or land division after June, 13, 1996;

(vi)    A mitigation plan prepared by a qualified professional demonstrating compliance with mitigation sequencing is provided and approved by the Director.

(b)    Docks. Docks designed to facilitate low-impact uses, such as education and/or private, noncommercial recreation, may be permitted within FWHCAs when a FWHCA report prepared by a qualified professional demonstrates that the project meets the following conditions:

(i)    The activity will have minimum adverse impact to the FWHCA; and

(ii)    The activity will not significantly degrade surface or groundwater; and

(iii)    The intrusion into the FWHCA and its buffers is fully mitigated; and

(iv)    The activity must be consistent with the provisions of SCC Chapter 14.26.

(c)    Bulkheads. Bulkheads designed to protect existing single-family residences may be permitted within FWHCAs if a FWHCA report prepared by a qualified professional demonstrates that the project meets the following conditions:

(i)    The activity will have minimum adverse impact to the FWHCA; and

(ii)    The activity will not significantly degrade surface or groundwater; and

(iii)    The intrusion into the FWHCA must be fully mitigated; and

(iv)    The activity must be consistent with the provisions of SCC Chapter 14.26.

(d)    Limited park or recreational access to an FWHCA or its required buffer; provided, that a FWHCA report prepared by a qualified professional demonstrates that the project meets the following conditions:

(i)    The access is part of a public park or a recreational resort development that is dependent on the access for its location and recreational function; and

(ii)    The access is limited to the minimum necessary to accomplish the recreational function; and

(iii)    The access and the balance of the development are consistent with other requirements of SCC Title 14; and

(iv)    The proponent obtains written approval from the County for the limited access and associated mitigation.

(e)    Low-impact uses and activities which are consistent with the purpose and function of the buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the habitat involved; provided, that such activity will not result in a decrease in riparian functions and values and will not prevent or inhibit the buffer’s recovery to at least pre-altered condition or function. Examples of uses and activities which may be permitted in appropriate cases, as long as the activity does not retard the overall recovery of the buffer, include removal of noxious vegetation, pedestrian trails, structures under 200 square feet in public or publicly managed parks that are in accordance with park management goals and designed to conserve the natural character of the landscape, and viewing platforms less than 200 square feet in size which may be covered but not enclosed.

(f)    Stormwater discharges must be controlled and treated in accordance with currently adopted the Stormwater Management Manual for Western Washington (2024 or as revised).

(g)    To allow for greater flexibility in a development proposal, an applicant has the opportunity to remove timber within the standard buffer widths shown above if the applicant’s mitigation measures incorporate all of the performance standards based upon water type listed in the table below. In conformance with professional standards used by the Washington Department of Natural Resources for forest practices in sensitive areas, all removal of timber within FWHCA buffers will be subject to conditioning specified by the Director in conjunction with an on-site technical team review in which participation by representatives of the proponent, Ecology, WDFW, WDNR and natural resource representatives of affected Indian tribes is solicited. No net loss of ecological functions must be demonstrated through the critical area report process.

The intent of this Section is to provide an additional opportunity for an applicant to propose some level of timber removal within the riparian habitat zone, as long as it can be demonstrated that the function of the buffer can be maintained at the levels described below. If the buffer, in its current state, cannot meet these standards, then the Director will not be able to give its approval for any activity which would inhibit recovery of or degrade the current buffer.

The current performance of a given buffer area is compared to its potential performance as rated by the Soil Conservation Service, Soil Survey of Skagit County, 1989. In consultation with a representative from the Natural Resource Conservation Service, Soil Conservation District or professional forester, the applicant will determine the capability of the site for woodland management, using the most suitable tree species according to the soil survey, and establish the stand characteristics that would be expected from a mature stand of those species established on site.

If the current stand can exceed the riparian protection that could be expected based on site potential, then additional activity may be allowed provided the following performance standards can be met. For Type S streams, an alternative method may be utilized to allow limited timber harvest within the outer 100 feet of a buffer:

*    Note: Applicants electing to employ performance-based mitigation in accordance with the above matrix must include appropriate analysis and justification in their site assessment/habitat management plan.

(Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20110008 (part): Ord. O20080014 (part))

Frequently flooded areas are designated as those areas identified as A, AO, AH, A1—10, A12, A14, A16, A18, A21—22, V1 and V4 zones on the official Flood Insurance Rate Map for Skagit County, as amended. Cumulatively these zones represent the floodway and 100-year floodplain. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

Project review will be conducted in accordance with the procedures and requirements for reviewing an application for a permit under SCC Chapter 14.34 as amended. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

Development criteria and associated engineering requirements for frequently flooded areas will be addressed under the provisions of Chapter 14.34 SCC. (Ord. O20250011 § 1 (Att. 2); Ord. O20080014 (part))

(1)    All development must conform to the provisions of SCC Chapter 14.34 and the International Building Code, which contain structural safeguards to reduce risk to human life, health and property from flooding.

(2)    Any use or development must not alter the normal movement of surface water in a manner that would cause the unnatural diversion of floodwater to otherwise flood-free areas.

(3)    The applicant must demonstrate that the development is not likely to adversely affect species protected under the Endangered Species Act, consistent with the provisions of SCC Chapter 14.34 and this Chapter. (Ord. O20250011 § 1 (Att. 2); Ord. O20110008 (part); Ord. O20080014 (part))

(1)    The Director will undertake a coordinated system of compliance tracking to ensure that conditions of approval, mitigation requirements, and required landowner maintenance and/or monitoring responsibilities are being met.

(2)    Compliance tracking efforts must include complaint-driven site visits and review on an annual basis by a representative monitoring of projects or activities having received critical areas approval a minimum of 10 months prior to the monitoring date. Results of such monitoring must be included in the permanent record for the project or activity and must be utilized for enforcement purposes.

(3)    If, based on compliance tracking efforts, the Director discovers violations of this Chapter, such violations will be subject to the enforcement provisions set forth under SCC Chapter 14.44 in addition to any other remedies available to the County.

(4)    If the Director determines that increased compliance tracking is warranted based on unacceptably high levels of noncompliance, the number of projects or activities to be monitored will be increased. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

Repealed by Ord. O20250011. (Ord. O20080014 (part))

(1)    The Director will administer and enforce this Chapter. The Director will apply the provisions of this Chapter consistent with the Washington State Growth Management Act, the Skagit County Comprehensive Plan, the Skagit County Countywide Planning Policies and the goals of this Chapter. In all instances where administrative discretion is exercised, the Director must document the basis for such determinations. Such documentation must be included in the official file for the proposed project or activity and be made available to the public upon request.

(2)    If the Director finds that any of the provisions of this Chapter are being violated, he or she must notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Director must take all actions authorized by this Chapter to ensure compliance with or to prevent violation of its provisions, including referring violations to the prosecutor’s office. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

Any decision made by the Director pursuant to this Chapter may be appealed as permitted by SCC Chapter 14.06. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

The Director, Hearing Examiner, or other appropriate hearing body may, as they deem necessary, utilize an interdisciplinary team to provide technical assistance where necessary to assess a proposal or make a determination.

(1)    Members of the interdisciplinary team will be selected by the Director, Hearing Examiner or appropriate hearing body. Selection of the team must include the proponents (upon their request) and local, State, Tribal or Federal representatives with expertise in the field and/or independent professionals with expertise relating to the critical areas issue.

(2)    The functions of the interdisciplinary team are to field-check and verify critical areas determinations by reviewing the information included with an application, identify areas of concern, and help focus the preparation of subsequent reports and environmental documentation on the most relevant issues.

(3)    The Director, Hearing Examiner or appropriate hearing body will coordinate this effort and pursue a consensus process in seeking advice from the team.

(4)    A complete public record will be maintained of written opinions submitted by individual team members. (Ord. O20250011 § 1 (Att. 2); Ord. O20240005 § 1 (Exh. A); Ord. O20080014 (part))

(1)    Landscaping is essential to provide an aesthetically pleasing balance between the built and natural environment for the residents of Skagit County. Landscaping should be used to help:

(a)    Soften and enhance the appearance of the built environment and retain the natural landscape character where possible and practical;

(b)    Buffer conflicting land uses;

(c)    Maintain property values;

(d)    Provide shade and visual relief to parking areas and streets;

(e)    Reduce stormwater runoff and erosion by providing areas for water retention and biofiltration where deemed necessary;

(f)    Aid in protecting the natural landscape rural character of Skagit County by helping to maintain and enhance the rural visual landscape quality through the use of native plant materials;

(g)    Avoid danger to aircraft in the AEO zone. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to:

(a)    Any change of use;

(b)    New or replacement commercial, industrial, or institutional building;

(c)    Special use; or

(d)    Land division application (when required by Division 7 of this Title).

(2)    For a new structure or use, substantial remodel, repair, or expansion (greater than 50 percent area) of an existing building or use, landscaping must meet all requirements of this Chapter.

(3)    For a remodel, repair, or expansion (50 percent or less) to an existing building or use, landscaping is required at least equal to the percentage of the remodeled, repaired, or expanded area.

(4)    No landscaping is required for an interior remodel.

(5)    No additional landscaping is required for a property that already meets the requirements of this Chapter. (Ord. O20250005 § 2 (Exh. A))

(1)    A conceptual landscape plan must be included in the underlying project permit application.

(2)    Plans must be drawn to scale and include:

(a)    The location of buildings;

(b)    Above- and belowground utilities;

(c)    The location, quantities, and sizes of proposed plants and other proposed materials in the landscape area.

(3)    Plans for projects including 2,000 square feet or more of landscaping over the entire development area must be prepared by a licensed landscape architect or Washington State certified nurseryman.

(4)    A final, approved plan is required prior to final project approval. (Ord. O20250005 § 2 (Exh. A))

The following general standards are required in all zones where landscaping is required:

(1)    Existing Vegetation. Preference is to retain as much of the existing mature vegetation (not including invasive nonnative species) as possible within planting areas. Existing mature vegetation may be included in the required amount.

(2)    Trees must be varieties that will not conflict with underground or overhead utilities.

(3)    No artificial lawn or shrubbery is permitted in landscaped areas.

(4)    Required landscaping or other vegetation within 30 feet of a driveway or street intersection must not impair the sight vision between 30 inches and eight feet from the ground. All trees must not have branches or foliage below eight feet above the street level.

(5)    Erosion control measures and temporary runoff control may become part of a landscape plan.

(6)    Maintenance for all landscaping and screening areas must be provided by the owner of the landscaped property. Broken or dead trees or shrubs must be replaced. All screening and landscaping areas must be kept free of weeds and trash. Failure to maintain landscaping areas may be enforced per SCC Chapter 14.09, Enforcement Procedures.

(7)    Performance assurance bonding must be in a cash deposit or other assurance acceptable to the County equal to 125 percent of the estimated installation costs if landscaping improvements have not been completed prior to application for occupancy. Such deposit must be accompanied by a letter that must stipulate the completion of the landscaping no later than nine months from date of occupancy. If the conditions are not met, the County may use the deposit to perform the landscaping.

(8)    Phased projects must submit a landscape plan for the site as a whole before any issuance of a building permit is granted.

(9)    Alternative landscape plans that differ from the requirements contained in this Chapter may be approved as a variance. All plans must demonstrate how they meet the intent as outlined in this Chapter or that a hardship exists because of lot topography, size, or location.

(10)    Landscape materials must be provided consistent with the County’s list of acceptable landscape materials.

(11)    Potential conflicts between landscaping and utilities must be minimized or avoided.

(12)    Where a low-impact development stormwater facility is required by SCC Chapter 14.32, the applicant may use that facility to satisfy other landscaping requirements so long as the purpose and intent of required landscaping is satisfied and the landscaping does not disrupt the function of LID stormwater facilities. (Ord. O20250005 § 2 (Exh. A))

(1)    Description. Type I landscaping is intended to provide screening of areas to reduce the visual impact of incompatible or less desirable characteristics. It is intended to be a very dense sight barrier. The planting strip must be at least 20 feet wide.

(2)    Applicability.

(a)    A 20-foot-wide Type I buffer is required on all development within SRT, BR-LI, BR-HI, NRI, H-I and RMI zones where it abuts URR, RI, RRv, RVR, BR-R, H-R, H-URv and R zoned land. Entire property lines need not be landscaped if applicant can demonstrate the activity (building or use) is adequately screened and agrees to additional Type I landscaping with future applications. A request for a reduction must be by administrative decision pursuant to SCC Chapter 14.06. Requirements for the NRI zone are found within that zone.

(b)    Type I landscapes may be applied as conditions to discretionary land use applications.

(3)    Amount of Plantings Within the Planting Strip.

(a)    Trees. Two alternating rows of evergreen trees, with a minimum of two-and-one-half-inch caliper and planted at intervals of no greater than 20 feet on center. The trees must be backed by a sight-obscuring fence, a minimum of five feet high, that may be removed when the trees reach 10 feet high. Applicant may eliminate the fence by increasing the required width of the planting area by 10 feet. In the Airport Environs Overlay (AEO), tree height at maturity may be no greater than the maximum building height for the specific site.

(b)    Shrubs. Shrubs must be planted a minimum of five feet wide using plants that are three and one-half feet in height at the time of planting. A combination of plant materials and landscape materials must be planted so that the ground surrounding the shrubs will be covered within three years.

(c)    Alternatively, a wall at least six feet high may be used for screening to reduce the planting width five feet and must be constructed of masonry, block, or textured concrete. (Ord. O20250005 § 2 (Exh. A))

(1)    Description. Type II landscaping is intended to provide a visual separation between uses and land use districts.

(2)    Applicability.

(a)    A 10-foot-wide Type II buffer is required on all development within URC-I, AVR, AVR-L, RFS, RVC, RC, SSB, and RB zones where it abuts URR, RI, RRv, RVR, BR-R, H-R, H-URv and R zoned land. Entire property lines need not be landscaped if applicant can demonstrate the activity (building or use) is adequately screened and agrees to additional Type II landscaping with future applications. A request for a reduction must be by administrative decision pursuant to SCC Chapter 14.06.

(b)    Type II landscapes may be applied as conditions to discretionary land use applications.

(3)    Amount of Plantings.

(a)    Trees. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of two-and-one-half-inch caliper and planted at intervals of no greater than 20 feet on center. In the Airport Environs Overlay (AEO), tree height at maturity must be no greater than the maximum building height for the specific site.

(b)    Shrubs. A minimum of three and one-half feet in height and other plant materials planted so that the ground will be covered within three years. (Ord. O20250005 § 2 (Exh. A))

(1)    Description. Type III landscaping is intended to provide aesthetic enhancement, retain the natural landscape character and soften the appearance of streets, parking areas and building elevations of applications subject to this Section. This is the typical landscape requirement that every commercial/industrial application must meet.

(2)    Applicability.

(a)    An eight-foot-wide Type III buffer is required on the street frontage of all development within all commercial/industrial zones. Entire property lines need not be landscaped if the applicant can demonstrate the activity (building or use) is adequately screened and agrees to additional Type II landscaping with future applications. A request for a reduction must be by administrative decision pursuant to SCC Chapter 14.06.

(b)    Type III landscapes may be applied as conditions to discretionary land use applications.

(3)    Amount of Plantings.

(a)    Standards for AVR, AVR-L, NRI, BR-LI, BR-HI, RFS, SRT, and RMI Zones.

(i)    Trees. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center, or maximum spacing of one tree for every 30 feet of road frontage may be planted in groupings so as not to visually block a business entrance. In the Airport Environs Overlay (AEO), tree height at maturity must be no greater than the maximum building height for the specific site.

(ii)    Shrubs and Berms. Minimum of three and one-half feet in height, and lawn or ground cover planted so that the ground will be covered within three years or earth mounding (berms) an average of three and one-half feet in height planted with shrubs, or ground cover so that the ground will be covered within three years and produce a landscape at least three and one-half feet in height.

(b)    Standards for URC-I, RVC, RC, SSB, and R Zones.

(i)    A minimum of two groupings 50 square feet each must be provided.

(ii)    A minimum of one tree in one group and two trees in the second group.

(iii)    Shrubs must be adequate to cover the minimum square footage requirement. (Ord. O20250005 § 2 (Exh. A))

(1)    Description. Type III landscaping is intended to provide aesthetic enhancement, retain the natural landscape character and soften the appearance of streets, parking areas and building elevations of applications subject to this Section.

(a)    An eight-foot-wide Type III buffer is required on the street frontage of all development within the Alger RVC zone. Stormwater biofiltration is encouraged to be incorporated into any landscaped area. Parking must be located to the side and rear of buildings or in on-street parking lanes. In the Rural Village Commercial area north of Alger Cain Lake Road, the pathway may be in the outside 20 feet of the 100-foot-wide Old State Route 99 right-of-way.

(b)    Type III landscapes may be applied as conditions to discretionary land use applications.

(2)    Amount of Plantings.

(a)    Street trees in the amount of one tree per 30 feet of street frontage. All street trees must be deciduous. Trees may be grouped informally to enhance the rural environment.

(b)    Shrubs and ground cover so that the ground will be covered within three years.

(3)    Pedestrian and Bicycle Pathways.

(a)    Street frontage must include a pedestrian pathway at least five feet wide. The pathway may be constructed of crushed rock or asphalt. In the Rural Village Commercial area north of Alger Cain Lake Road, the pathway may be in the outside 20 feet of the 100-foot-wide Old State Route 99 right-of-way. Bicycle paths north of Alger Cain Lake Road must be located within the inner 60-foot right-of-way. (Ord. O20250005 § 2 (Exh. A))

(1)    Description. Type IV landscaping is intended to provide relief and shade in parking areas.

(2)    Amount of Plantings. Applications within RFS, RMI, AVR, AVR-L, NRI, BR-LI, BR-HI, and SRT zoning designations must have a minimum of 16 square feet of landscaping for every parking stall.

(3)    Design.

(a)    Each area of landscaping must contain at least 100 square feet of area and must be at least four feet in any direction. The area must contain at least one tree at least six feet in height and with minimum size of one and one-half inches in caliper measured six inches above existing grade if deciduous. Deciduous trees must have a clear trunk at least five feet above the ground. The remaining ground area must be landscaped with a variety of plant materials to include low shrubs, two feet at maturity, perennials, annuals and ground cover.

(b)    A landscaped area must be placed at the end of each parking row in a multiple lane parking area. This area must be at least four feet wide and must extend the length of the adjacent parking stall.

(c)    If less than six stalls are required, a minimum of 100 square feet must be landscaped. The area does not need to meet the dimensional standards of SCC 14.25.080(3)(a).

(d)    Up to 100 percent of the trees proposed for the parking area may be deciduous.

(e)    The trees must be protected from the public, either pedestrian or motor vehicles, by appropriate curbs, tree guards or other protective devices.

(f)    Applications Within All Other Commercial/Industrial Zoning Designations. For every 10 required stalls, a minimum of 200 square feet of landscaping must be provided including at least three trees and a mix of shrubs and ground covers. (Ord. O20250005 § 2 (Exh. A))

(1)    Description. Type V landscaping is intended to provide a visual and noise buffer of industrial uses where they adjoin residential zones at Bayview Ridge.

(2)    Applicability. Type V landscaping is required along the entire property line for development within BR-LI or AVR-L where it abuts BR-R or RRv.

(3)    Requirements.

(a)    Width. Plantings and screening must total 30 feet in width.

(b)    Plantings.

(i)    Existing vegetation within the required buffer width that functionally meets or exceeds these planting requirements must be retained.

(ii)    At least three alternating rows of evergreen trees, with a minimum of two-and-one-half-inch caliper and planted at intervals of 20 feet or less on center.

(iii)    Shrubs must be planted no more than five feet apart using plants that are at least three and one-half feet in height at the time of planting. A combination of plants and landscape materials must be placed so that the ground surrounding the shrubs will be covered within three years.

(c)    Screening.

(i)    A masonry, block, or textured concrete wall, or fully obscuring wood fence is required and must be architecturally integrated with colors and textures of the surrounding development.

(ii)    Where existing vegetation exceeds 150 percent of the required landscaping width, no wall or fence is required. (Ord. O20250005 § 2 (Exh. A))

The purposes of this Chapter are:

(1)    To ensure that applicants provide sufficient off-street parking for their development;

(2)    To limit the amount of parking to minimize the creation of impervious surface consistent with the County’s NPDES permit. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to applications for any project permit that would create parking demand, unless otherwise specified. (Ord. O20250005 § 2 (Exh. A))

(1)    Off-street parking in conjunction with all land and building uses established after the enactment of this Title must be provided prior to the issuance of a certificate of occupancy as herein prescribed.

(2)    Off-street parking for other than residential use must be either on the same lot or within 200 feet of the building it is intended to serve, except for those cases where parking plans have been developed for a specific area.

(3)    Residential off-street parking spaces may be enclosed or unenclosed, or consist of grass block pavers, and must be located on the lot they are intended to serve.

(4)    Any area or number of parking spaces once designated as required off-street parking may not be reduced to less than the required number of spaces for a similar new building or new use, nor changed to any other use unless and until equal parking facilities are provided elsewhere which conform to the requirements of this Section.

(5)    Two or more buildings or uses may collectively provide the required off-street parking, in which case, the required number of parking spaces must not be less than the sum of the requirements for the several individual uses computed separately. If the uses, structures, or parcels are under separate ownership, a deed, lease, contract or other appropriate written document must evidence the right to joint use of the parking space.

(6)    Minimum size of a standard parking space is eight and one-half feet by 17 feet. Minimum size for a compact parking space is eight feet by 16 feet.

(7)    When parking standards require 10 or more parking spaces, up to 40 percent of the off-street parking spaces required by this Chapter may be designated for compact cars. Compact car parking stalls must be individually marked on the parking plan and must be clearly signed for use by compact cars only.

(8)    Handicapped parking spaces must be designated and constructed in accordance with WAC 51-30-1107 and 51-30-1108. (Ord. O20250005 § 2 (Exh. A))

(1)    The minimum number of off-street parking for a use is determined by the following table:

(2)    An applicant may request a modification of the minimum required number of parking spaces by demonstrating that parking demand can be met with a reduced parking requirement. In such cases, the Director may approve a reduction of up to 50 percent of the minimum required number of spaces as an administrative decision. In areas where few cars are anticipated (such as saltwater islands not served by ferry), the parking requirement may be eliminated. (Ord. O20250005 § 2 (Exh. A))

Parking for a specific use is limited to no more than 200 percent of the minimum parking required in SCC 14.26.040, except as provided below.

(1)    Restaurants and other prepared food uses may have up to 300 percent of the minimum parking required.

(2)    The Director may allow additional off-street parking spaces above the maximum amounts stated above if warranted by a traffic study or by recommended guidelines of the Institute of Transportation Engineers.

(3)    Parking spaces provided in a parking garage, or parking spaces provided using permeable pavement, are exempt from maximum parking limits. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to project permits for a project area wholly or partially within the pipeline consultation area. (Ord. O20250005 § 2 (Exh. A))

The pipeline consultation area is the area within 100 feet of any hazardous liquid or natural gas transmission pipeline as depicted on the Skagit County pipeline consultation area map on file in the Department and available on the official County website. (Ord. O20250005 § 2 (Exh. A))

(1)    The Department must not issue any permit for a land division or project permit for a project area wholly or partially within the pipeline consultation area unless it meets the following requirements:

(a)    Consultation. Within three business days after determining the application complete, the Department must send a request for consultation to the operator of any pipeline within the pipeline consultation area. The request for consultation must include a project description, site plan, contact information for the applicant, and any required SEPA checklist. The Department must provide the applicant with a copy of the request for consultation and any response from the pipeline operator. The Department may only wait up to 15 days for a response from the pipeline operator before proceeding with processing the application. Consultation provides no additional authority to the Department to require changes to the application.

(b)    SEPA. Any required SEPA environmental checklists must include reference to pipeline(s) within the pipeline consultation area and provide information concerning any impact the project will have on the pipeline(s).

(c)    Title Notice. The applicant must record a title notice with the County Auditor that contains the following language: “The above-referenced property is located wholly or partially within the Skagit County Pipeline Consultation Area, defined by Skagit County Code as the area within 100 feet of any hazardous liquid or natural gas transmission pipelines.” Forms for this Title notice are available from the Department.

(d)    Boundary Markers. To provide visual awareness of the easement boundary to a property owner and contractor during construction activities near the pipeline, easements must be identified and protected prior to and during construction by placement of temporary visual markers and on-site notices marking the boundary line of the easement area. Markers and on-site notices are subject to review by the Department prior to and during construction. Temporary screening, ground marking, or other similar methods satisfy the visual boundary marker requirement. (Ord. O20250005 § 2 (Exh. A))

Compliance with this Chapter does not relieve an applicant of the obligation to comply with State call-before-you-dig laws (e.g., RCW Chapter 19.122). (Ord. O20250005 § 2 (Exh. A))

The purpose of this Chapter is to define standard distances from structures to property boundaries to provide safety, privacy, parking, and aesthetic harmony within communities and neighborhoods. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to all buildings and structures and lots in unincorporated Skagit County. (Ord. O20250005 § 2 (Exh. A))

(1)    An application for a project permit must observe the minimum setbacks applied by this Chapter and adopted for the subject zone in Division 1 of this Title.

(2)    Effect of Setback.

(a)    No structure or portion of a structure may be located within the minimum setback applicable to a lot except as permitted in this Chapter.

(b)    The area within a setback must remain free of junk.

(3)    Measurement. All setbacks must be measured at right angles, or as near to right angles as possible, to the nearest property line in a plane horizontal to the ground.

(4)    Typical Lot Configurations. For a lot configuration that is substantially similar to a lot configuration shown in SCC 14.28.060, the Director must determine applicability of setbacks consistent with that Section.

(5)    Atypical Lot Configurations. For a lot configuration that is not described in this Chapter, the Director must determine applicability of setbacks as an administrative decision in compliance with the following criteria:

(a)    Required setbacks must implement the purpose of the setback;

(b)    Required setbacks must not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses.

(6)    Application of setbacks under this Chapter may be modified by a variance, except that:

(a)    A variance may not modify the 100 percent height of tower setbacks as required per SCC Chapter 14.59 for wireless facility services.

(7)    The Director may reduce setbacks within natural resource lands when one or more of the following situations would otherwise preclude reasonable development of the property:

(a)    Existing Structures. Existing structures are located within the setback area, and allowing new structures to be located within the setback area close to the existing structures will assist in resource operations.

(b)    Road Right-of-Way as Part of Building Setback Calculation. Where a natural resource land abuts right-of-way, the Director may reduce the setback by including the right-of-way footage in the setback calculation.

(8)    The setbacks described in this Chapter are minimum setbacks. Other setbacks may be required by other Code sections, including:

(a)    The Code section for the applicable zone in Division 1 of this Title;

(b)    SCC Chapter 14.24, Critical Areas;

(c)    SCC Chapter 14.48, Shorelines;

(d)    SCC Chapter 12.05, On-Site Sewage Code—Rules and Regulations;

(e)    Drinking water code provisions for well protection in SCC Chapter 12.48;

(f)    The applicable building code adopted under SCC Title 15. (Ord. O20250005 § 2 (Exh. A))

(1)    The setback rules in this Chapter (SCC 14.28.030 through 14.28.080) do not apply to:

(a)    Fences six feet in height or less (except see SCC 14.14.200 for Guemes Island);

(b)    Fences eight feet or less in height in the RVC, RC, RFS, SSB, RB, NRI, RMI, BR-LI, BR-HI, URC-I, AVR, and AVR-L zones;

(c)    Retaining walls four feet in height or less, measured from top of footer to top of wall;

(d)    Freestanding signs;

(e)    Paved areas;

(f)    Landscaping;

(g)    Bus stops and shelters;

(h)    Electrical equipment cabinets and similar utility boxes and vaults;

(i)    Elective vehicle charging stations;

(j)    Fire hydrants and associated appendages;

(k)    Light poles and flagpoles;

(l)    Mailboxes, newspaper boxes, and free neighborhood book exchange boxes;

(m)    Trellises and open, unroofed gazebos not exceeding eight feet in height;

(n)    Utility poles and lines;

(o)    Underground utilities and sprinkler systems;

(p)    Uncovered ramps added to an existing building for the specific purpose of accessibility for persons with disabilities when no other reasonable location is available;

(q)    Rockeries and retaining walls;

(r)    Stormwater facilities and elements of stormwater best management practices, unless a minimum setback is otherwise specified in this Title or in the Stormwater Management Manual. (Ord. O20250005 § 2 (Exh. A))

There are four types of setbacks regulated by this Chapter:

(1)    Front Setback.

(a)    A front setback is required from the lot line that contains the lot’s primary access from a:

(i)    Highway;

(ii)    City street;

(iii)    County road; or

(iv)    A private road that appears on the County’s private road list.

(b)    A front setback is measured from the street right-of-way to a line parallel to and measured perpendicularly from the street right-of-way at the depth prescribed for each zone.

(2)    Secondary Front Setback.

(a)    A secondary front setback is required from a lot line that does not contain the lot’s primary access but has frontage on a:

(i)    Highway;

(ii)    City street;

(iii)    County road; or

(iv)    A private road that appears on the County’s private road list.

(b)    The secondary front setback is always 10 feet, except where the secondary front setback would be opposite the front setback, a rear setback is required if it would be larger than a secondary front setback (e.g., through lot in Figure 14.28.060-2).

(3)    Interior Side Setback.

(a)    An interior side setback is required from all lot lines that do not have front or rear setbacks.

(b)    The interior side setback is measured from the interior side lot line adjacent to another property to a line parallel to and measured perpendicularly from the interior side lot lines at the depth prescribed for each zone.

(c)    Exception: No interior side setback is required between individual units within a townhouse building, where allowed.

(4)    Rear Setback.

(a)    A rear setback is required from the lot line opposite the lot line having the front setback.

(b)    The rear setback is measured from a line parallel to and measured perpendicularly from the rear lot line at the depth prescribed for each zone.

(c)    Not all lot shapes require rear setbacks, e.g., triangle lots (see SCC 14.28.060(3)). (Ord. O20250005 § 2 (Exh. A))

This Section demonstrates the applicability of setbacks to typical lot shapes and configurations.

(1)    Typical Rectangular Lot.

(a)    This Subsection applies to a lot that is roughly rectangular and has frontage on a single street.

(b)    The lot has a front setback from the street on which it has frontage.

(c)    The lot has a rear setback from the lot line opposite from the street frontage.

(d)    The lot has interior side setbacks from the other lot lines.

Figure 14.28.060-1

(2)    Corner Rectangular Lot or Through Lot.

(a)    This Subsection applies to a lot that is roughly rectangular and has frontage on two streets, either on a corner or on opposite sides.

(b)    The lot has a front setback from the street that provides the property’s primary access. The other opposite frontage has a rear setback.

(c)    The lot has a rear setback from the lot line opposite the street that provides the property’s primary access, except if that lot line is on a street, the setback is a side street setback.

(d)    The lot has interior side setback(s) from the other side(s) of such a lot.

Figure 14.28.060-2

(3)    Corner Triangle Lot.

(a)    This Subsection applies to a lot that is roughly triangular and has frontage on two streets, on a corner.

(b)    The lot has a street setback from the street that provides the property’s primary access.

(c)    The lot has no rear setback.

(d)    The lot has an interior side setback from the lot line opposite the road intersections.

Figure 14.28.060-3

(4)    Flag (“Panhandled”) Lot and Landlocked Lot.

(a)    This Subsection applies to a lot that sits behind another lot and obtains access to the main access road via (i) an access up to 30 feet wide that is a portion of the lot or (ii) via an access easement that is not a portion of the lot.

(b)    The lot does not have a street setback or side street setback.

(c)    The lot has a rear setback from the lot line opposite from the access corridor (the pole of the flag).

(d)    The lot has interior side setbacks from all other lot lines.

Figure 14.28.060-4

(5)    L-Shaped Lot.

(a)    This Subsection applies to a lot that sites behind another lot and has frontage upon a street with a portion of the lot that is narrower than most of the lot, where the narrower portion of the lot is 30 feet or more in width.

(b)    The lot has a street setback from the street that provides the property’s primary access.

(c)    The lot has a rear setback from the lot line opposite the street.

(d)    The lot has interior side setbacks from all other lot lines.

Figure 14.28.060-5

(6)    Pie-Shaped Lot or Other Irregular Lot.

(a)    This Subsection applies to a lot that is narrower at one end than the other, as is typical of lots arranged around a circular cul-de-sac, and may be applied to other such irregularly shaped lots.

(b)    The lot has a street setback (or side street setback) from the street (e.g., from the cul-de-sac).

(c)    The lot has a rear setback on the side or corner opposite from the cul-de-sac. For a corner, the rear setback must be measured from a line that is the length of the minimum lot width for the zone, within the lot, that is parallel to and at the maximum distance from the front lot line.

(d)    The lot has interior side setbacks from all other lot lines.

Figure 14.28.060-6

(7)    Split Lot.

(a)    This Subsection applies to a lot that is bisected by a highway, county road, or private road that appears on the County’s private road list.

(b)    The lot has a street setback from the street on the portion of the lot with the lot’s primary access. The other frontage has a secondary/rear setback.

(c)    The lot has a secondary/rear setback from either lot line opposite the street.

(d)    The lot has interior side setback(s) from the other side(s) of such a lot.

Figure 14.28.060-7

(Ord. O20250005 § 2 (Exh. A))

(1)    The following elements may project into the required setback a distance of not more than 30 percent of the required setback, and in no case may they be closer than two feet to any lot line:

(a)    Cornices;

(b)    Canopies;

(c)    Eaves;

(d)    Sills;

(e)    Fireplaces;

(f)    Flues;

(g)    Ornamental features; and

(h)    Other similar features.

(2)    The following elements may project into the required setback up to one foot from the property line:

(a)    Uncovered and unenclosed ground-story porches and decks that are less than 30 inches above grade. (Ord. O20250005 § 2 (Exh. A))

(1)    In lieu of observing an interior or secondary/rear setback, an applicant may include in their application an agreement with the adjoining property owner(s) that would otherwise benefit from the setback.

(2)    The agreement must contain:

(a)    Identification of the owners of the properties involved;

(b)    The legal description of the grantor’s property;

(c)    The legal description of the grantee’s property;

(d)    A description of the subject structure;

(e)    A promise by the grantor, binding on grantor’s heirs, successors, and assigns, to not object to grantee’s construction of the subject structure within the standard setback;

(f)    A right of grantee’s access to maintain the subject structure.

(3)    The agreement must be executed by all owners of both properties, acknowledged, and recorded.

(4)    Minimum building separation under the applicable building code must be maintained. (Ord. O20250005 § 2 (Exh. A))

At the intersection of public roads, nothing may be erected, placed, planted, or allowed to grow in such a manner as to materially impair vision between a height of two and one-half feet and 10 feet above the centerline grades of the intersecting streets within a triangle formed by the road right-of-way lines of such corner lots and a diagonal line joining points located 20 feet from the point of their intersection.

Figure 14.28.110-1 Vision Triangle Examples

(Ord. O20250005 § 2 (Exh. A))

(1)    An application for a project permit may not locate any structure (including any portion of a structure, such as roof overhangs) within an easement that prohibits such a structure.

(2)    The County may deny an application that proposes a structure in conflict with this Section when, in the County’s judgment, the proposed structure is contrary to the terms of the easement.

(3)    Limitations. This Section:

(a)    Does not create any right to enforcement of a private easement by the grantor or any third party;

(b)    May not be the basis for the grantor’s or a third party’s appeal of a decision on a project permit application. (Ord. O20250005 § 2 (Exh. A))

This Chapter regulates the construction, erection, maintenance, electrification, illumination, type, size, number and locations of signs in order to protect the health, safety, property and welfare of the public as well as to ensure that Skagit County retains a neat, orderly and attractive appearance. The intent of these provisions is to preserve and enhance the rural character, unique scenic beauty and the business, recreational, educational, and tourism potential of the County. (Ord. O20250005 § 2 (Exh. A))

The sign definitions in the currently adopted International Building Code (Appendix H) are hereby adopted by reference. (Ord. O20250005 § 2 (Exh. A))

(1)    An applicant must file an application for a building permit, where applicable.

(2)    The application must include plans showing:

(a)    The location by street address of the proposed sign;

(b)    Area of the sign;

(c)    Size and character;

(d)    Method of illumination, if any;

(e)    The exact location proposed for such sign;

(f)    In the case of a projecting sign, the proposed method of fastening said sign to the building structure;

(g)    The vertical distance between such sign and the finished grade;

(h)    The horizontal distance between such sign and the street right-of-way;

(i)    In the case of off-premises signs, the written consent of the property owner for the erection of such sign;

(j)    A description (size, design, illumination) and depiction of the location of other signs within 1,000 feet of the proposed sign. (Ord. O20250005 § 2 (Exh. A))

(1)    Sign Maintenance. All signs for which a permit is required, including their supports, braces, guys, and anchors must be kept in good condition. Illuminated devices must be maintained in good working order. Permitted signs are subject to applicable landscaping requirements of SCC Chapter 14.25. If the Building Official finds any sign regulated under this Chapter to be unsafe or unsecured, he or she must give written notice of such findings to the owner, agent, or lessee thereof. If the owner, agent or lessee fails to remove or alter the sign so as to comply with the standards herein after 30 days’ notice, such sign or other advertising structure may be removed or altered to comply by the Director at the expense of the owner, agent, or lessee. Such expense constitutes a lien against the property. The Director may cause any sign or other advertising structure that is an immediate peril to persons or property to be removed immediately.

(2)    Removal of Illegally Established Signs. Signs established in violation of this Chapter may be immediately removed by the Building Official under the authority of the adopted building code if an immediate health and life safety issue is identified.

(3)    Removal of Abandoned Signs. If a building, structure, or premises is abandoned consistent with SCC Chapter 14.07, the owner of said property is responsible for removing any commercial sign or signs located thereon with the exception of permitted off-premises signs or advertisements associated with the sale or lease of that facility.

(4)    Nonconforming Signs. Nonconforming signs are regulated as follows:

(a)    On-Premises Nonconforming Signs. Legally established nonconforming on-premises signs must be allowed to continue consistent with the provisions of SCC Chapter 14.07.

(b)    Off-Premises Nonconforming Signs. Nonconforming off-premises signs must comply with the provisions of this Chapter within three years from the date of adoption. Upon failure to comply with the sign code within the specified time period, the Director may remove such signs or enforce this provision pursuant to SCC Chapter 14.09. Exceptions:

(i)    Off-premises signs established and maintained under a valid special use permit may continue consistent with the conditions of approval.

(ii)    Off-premises signs located along State highways subject to the Highway Advertising Control Act—Scenic Vistas Act, including billboards, may continue consistent with the provisions governing such signs under RCW 47.42.107. (Ord. O20250005 § 2 (Exh. A))

The following general requirements apply to sign regulations in all zones in Skagit County.

(1)    Highway Advertising Control Act—Scenic Vista Act. Signs in areas adjacent to State and Federal highways are restricted by RCW Chapter 47.42.

(2)    Conformity to Adopted Building Codes. All signs and other advertising structures must be constructed and maintained in strict conformity with building code(s) as adopted and referenced in SCC Chapter 15.04.

(3)    Building Permits. Building permits are required for the erection, alteration, or reconstruction of wall-mounted signs, electrified signs and freestanding signs as required by the currently adopted International Building Code. Freestanding signs less than seven feet in height and wall-mounted signs that do not project from the building do not require a building permit. A change in information on the face of an existing sign does not constitute an alteration.

(4)    Identification of Permitted Signs. The number of the sign permit must be painted or otherwise affixed on the sign requiring a permit. The permit number must be in letters of not less than one-half inch or more than three inches in height and must be easily visible to the Building Official.

(5)    Sight Distance. Signs must not obstruct road sight distances within the sight triangle of any intersection in accordance with Skagit County road standards and must not be located within a public right-of-way.

(6)    Traffic Safety. No sign may be erected or allowed that obstructs the sight distance along a public right-of-way. No sign may by its location, color or nature, tend to be confused with or obstruct the view of traffic signals or signs, or to be confused with a flashing light of an emergency vehicle. In addition, no sign may, by its nature or moving parts, tend to confuse motorists, or create any potential hazard to motorists, or use admonitions such as “stop,” “go,” “slow,” “danger,” etc., which might be confused with traffic directional signals.

(7)    Illumination. Illumination of signs must be consistent with the general provisions of this Subsection and maintain the rural character of the area. Signs must be shaded, shielded or directed so the light intensity or brightness must not adversely affect surrounding properties or public and private rights-of-way or create a hazard or nuisance to the traveling public or to surrounding properties. Illumination must be in compliance with SCC Chapter 14.20, General Performance Standards.

(8)    Moving Signs. No revolving or rotating beacon of light that resembles or simulates any emergency light device must be permitted as part of a sign. Flashing devices, strobe lights, and searchlights must not be permitted; however, illuminated signs are allowed which indicate customary public information. Neon lighting or accent lighting may be used to advertise commercial or industrial businesses provided the lighting is compatible with the surrounding rural development, nearby permitted rural signage and all other signage requirements.

(9)    Measurement of Sign Area. The following method must be utilized in calculating sign area:

(a)    The square footage of a sign made up of letters, words or symbols within a frame must be determined from the outside edge of the frame itself.

(b)    The square footage of a sign composed only of letters, words or symbols must be determined from imaginary straight lines drawn around the entire copy or grouping of such letters, words, or symbols.

(c)    Double or multi-faced signs must be calculated as the maximum area visible from any single direction at any point in time.

(d)    For freestanding signs, the height must be measured from the elevation of the crown of the nearest public street to the highest point of the freestanding sign or its supporting structure.

(e)    Signs attached to or painted against the overall structure to which they relate must be computed as a part of the overall total square footage of allowable signage, or the number of signs allowed. Signs painted on buildings must be measured by the smallest polygon enclosing the letters and symbols of the sign. (Ord. O20250005 § 2 (Exh. A))

The signs listed in this Section are exempt from the permit requirements and standards of this Chapter but must comply with SCC 14.29.050(5), Sight Distance, and 14.29.050(6), Traffic Safety, and may not be illuminated. If an applicant desires a sign that does not meet the terms of an exemption below, the applicant must apply for a permit for a nonexempt sign and meet the other requirements of this Chapter.

(1)    Official Public Signs. Signs that regulate traffic, legal notices and official instruments, signs established by government agencies, signs indicating bus stops and other similar transportation facilities, etc., are exempt.

(2)    Community Identification Signs. Community identification signs are exempt, provided they are 60 square feet or less in size. In the Alger Community Planning area, community identification signs must be 40 square feet or less in size.

(3)    Temporary Political Signs. Temporary political signs located on private property are exempt; provided, that such signs may not exceed 32 square feet in area nor 48 inches in vertical dimension, and may be located no higher than eight feet above the surrounding ground.

(4)    Product Signs. Signs incorporated on machinery or equipment at the manufacturer’s or distributor’s level, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks and gasoline pumps.

(5)    Real Estate Signs Requirements. Real estate signs are permitted for the sales of individual lots in all zones; provided, they must be located on the property to which they apply. Residential real estate signs may not exceed six square feet and must be removed upon the closing of the home sale. Commercial real estate signs may not be greater than 16 square feet in size.

(6)    Attention-Getting Devices. The use of pennants, flags, and banners is prohibited for ongoing continuous use in conjunction with commercial or industrial facilities, but is allowed in conjunction with the opening of a new place of business or for special events for 14 continuous days. Such pennants, flags or banners must be secured to the building and may not be strung across the property.

(7)    Temporary Signs Advertising a Special or Community Event. Signs that display the date, time, location, and sponsor of special events of community interest. Such signs must be designed so that they do not hinder the visibility of other signage, are compatible with the surrounding environment and are consistent with community aesthetic sensibilities. Such signs may not remain more than 14 days prior to or seven days after the date of the event.

(8)    Miscellaneous Temporary Signs. On-premises nonilluminated temporary signs advertising religious, charitable, civic, fraternal, political or similar organizational events not to exceed 45 days per year. Such signs may be 16 square feet in size. The height may not exceed 15 feet.

(9)    Off-Premises Directional Signs. Directional signs must identify the place (e.g., Alger), arrow, and mileage. Such signs may be placed only at critical intersections and may be no larger than six inches by 24 inches.

(10)    Open House Real Estate Signs. Open house real estate signs must be installed on the day of the open house and must be removed at the end of the day when the open house is over.

(11)    Institutional or church signs provided they are not over 32 square feet in size, not greater than 15 feet in height and limited to only one per lot. (Ord. O20250005 § 2 (Exh. A))

The following signs are prohibited:

(1)    Billboards except when specifically permitted per Division 1 of this Title or in the Master Planned Resort zone.

(2)    Abandoned signs.

(3)    Flashing, revolving, animated or moving signs.

(4)    Strobe lights, searchlights, and revolving lights.

(5)    Private directional signs except those on site that regulate traffic and parking (exit, entrance, parking in rear) not to exceed four square feet.

(6)    Rooftop signs erected upon the roof of a building, or a sign attached to a building which projects vertically above the roof, eave, awning or parapet. This does not include signs attached to the vertical face of a parapet, awning or canopy; providing, that it does not project above the parapet, awning or canopy. Painted rooftop signs are not allowed. (Ord. O20250005 § 2 (Exh. A))

(1)    On-premises signs display only advertising copy strictly incidental to the lawful use of the premises on which it is located and may contain, unless otherwise prohibited, any or all of the following information:

(a)    The name of the owner, occupant, management, or firm occupying the premises;

(b)    The address of the use;

(c)    The kind or name of the business and/or the brand name of the principal commodities sold or produced on the premises; and

(d)    Other information relative to a service or activity involved in the conduct of the business.

(2)    On-Premises Sign Requirements.

(a)    Signs Associated With Residential Land Use. Residential uses are allowed to post one nonilluminated sign not to exceed four square feet.

(b)    Tourism-Related Signs in the Rural Freeway Services Zone. One freeway-oriented advertising sign per business may be permitted in the Rural Freeway Services zone; provided, that the business must establish that it is a tourist-oriented business, i.e., that it satisfies a need of the traveling public and that it relies on the traveling consumer for a significant portion of its business. The height of such signs may be up to 60 feet to accommodate viewing from vehicles traveling on the interstate. Rural Freeway Service signs must be no larger than 168 square feet in size. New RFS signs must be distanced at least 660 feet from other existing RFS signs unless lot configuration would preclude reasonable development of a sign on individual lots.

(c)    Tourism-Related Signs Associated With Commercial and Industrial Development. Lawfully established commercial and industrial businesses located along four-lane State highways may be permitted one highway-oriented advertising sign per business consistent with the standards described under Subsection (2)(b) of this Section pursuant to approval of an administrative special use permit.

(d)    Seasonal Roadside Stands. Nonilluminated on-premises signs, excluding banners, are allowed to advertise a seasonal roadside stand; provided, that the collective square footage of the signs must be no greater than 32 square feet. Regulations regarding off-premises seasonal roadside signs are outlined in SCC 14.29.110(3)(b).

(e)    Subdivision Real Estate Sales Signs. Real estate signs advertising the sale of lots located within a subdivision are permitted; provided, that there may be no more than one sign per subdivision entrance, and each sign must be no greater than 32 square feet in area and no greater than eight feet in height. Real estate signs must be removed upon the closing of subdivision sales. One sign no larger than 12 square feet may also be installed off-premises in order to direct visitors to the property. Regulations regarding off-premises real estate signs are outlined in SCC 14.29.110(3)(a).

(f)    Tourism-Related Signs in the Master Planned Resort Zone. Master planned resort developments located along four-lane State highways or State Route 20 may be permitted one highway-oriented advertising sign per business consistent with the standards described under Subsection (2)(b) of this Section pursuant to approval of an administrative special use permit. (Ord. O20250005 § 2 (Exh. A))

Each operating enterprise, institution or business must be permitted to have two on-site business identification signs per building entrance and one off-premises sign as defined and regulated by SCC 14.29.110 unless otherwise provided herein. In the Rural Village Residential and Commercial zones, each operating enterprise, institution or business must be permitted to have one on-site business identification sign per building entrance and one off-premises sign as defined and regulated by SCC 14.29.110 unless otherwise provided herein. Business signs must be incorporated into the landscaping of the site when landscaping is provided and should be designed to reflect the surrounding rural character in design and size. In addition to the other requirements of this Section, business signs are subject to the following size requirements:

(1)    Maximum wall sign area must not exceed two square feet for each lineal foot of the building wall on which the sign is attached, not to exceed 40 square feet. In the Rural Village Commercial zone in Alger, wall signs may be up to four square feet for each lineal foot of the building wall.

(2)    Maximum freestanding sign area must not exceed one square foot for each five lineal feet of street frontage, not to exceed 40 square feet except for tourism-related signs subject to the provisions of SCC 14.29.080(2)(b), (2)(c), and (2)(f). In the Rural Village Commercial and Rural Village Residential areas of Alger, maximum freestanding sign area must not exceed 20 square feet and must be no higher than 12 feet.

(3)    Under canopy sign area and dimensions must be one square foot for each lineal foot of the width of the canopy, awning, marquee or similar structure from which the sign is suspended, as measured perpendicular to the wall. Minimum vertical clearance between the lower edge of an under canopy sign and the ground must be eight feet. (Ord. O20250005 § 2 (Exh. A))

The following requirements govern signage for industries:

(1)    One building identification sign for each building is permitted; provided, that no sign may exceed 25 square feet in area.

(2)    Each enterprise, institution or franchise is permitted wall signs, one under canopy sign per street frontage and one freestanding sign each, subject to the following minimum size requirements. (Note: Multiple businesses in the same building must apportion facade length, building, wall and street frontage such that any maximum is not exceeded for a particular property.)

(3)    Maximum Size.

(a)    Maximum wall sign area may not exceed three square feet for each lineal foot of the building wall on which the sign is attached.

(b)    Maximum projecting sign area is one square foot for each two lineal feet of building wall on which the sign projects, not to exceed 64 square feet. The total area of the projecting sign must be subtracted from the permitted total of the facade signs.

(c)    Freestanding signs must have a maximum of one square foot for each lineal foot of street frontage, not to exceed 150 square feet.

(d)    For under canopy signs, the maximum sign area must be one square foot for each lineal foot of width of canopy, awning, marquee or similar structure from which the sign is suspended, measured perpendicular to the building wall.

(e)    The minimum vertical clearance between the lower edge of an under canopy sign and the ground must be eight feet. (Ord. O20250005 § 2 (Exh. A))

(1)    An off-premises sign is a sign structure or billboard advertising an establishment, merchandise, service, or entertainment which is sold, produced, manufactured, or furnished at a place other than the property of which the sign or billboard is located.

(2)    General Requirements. Off-premises signs must conform to the following requirements:

(a)    Lighted signs must be effectively shielded to prevent light from being directed at any portion of the highway right-of-way, or be of such intensity or brilliance to cause or to otherwise interfere with or impair a driver’s vision.

(b)    Maximum height of 15 feet, except as otherwise permitted.

(c)    Only one off-premises sign may be permitted per parcel.

(3)    Special Off-Premises Sign Requirements.

(a)    Real Estate Signs. One off-premises sign advertising the sale of lots located within a subdivision may be permitted after final plat approval provided the sign is established with the approval of the property owner. Each off-premises real estate sign may be no greater than 32 square feet in area, and may be no greater than eight feet in height. Such signs may be erected no longer than a period of one year unless the subdivision is larger than 40 lots and then the maximum time frame for the temporary sign is two years. Real estate signs must be removed upon closing of the sale of the lots in the subdivision should this occur earlier than the allowed time frame.

(b)    Temporary Advertising for Seasonal Roadside Stand. Two temporary off-site signs may be used to advertise seasonal roadside stands so long as the sign is removed after the growing season and is no larger than 16 square feet.

(c)    Billboard Sign Requirements. Billboards are outdoor advertising structures advertising an establishment, merchandise, service, or entertainment which is sold, produced or manufactured and/or furnished at a place other than on the property of which the billboard is located. Billboards must meet the following requirements:

(i)    Sign surface area: maximum 300 square feet per face.

(ii)    Maximum number of signs: one sign per structure, which may be single- or double-faced.

(iii)    Maximum height: 40 feet.

(iv)    Minimum setback: 45 feet from the nearest right-of-way line; and 100 feet from the right-of-way line intersection point measured at any angle.

(v)    Minimum spacing: 500 feet on the same side of the road from another billboard.

(vi)    Only one sign is allowed to face the same direction per location. This allows back-to-back or “V” formation, but prohibits two signs (side-by-side) facing the same location. (Ord. O20250005 § 2 (Exh. A))