(Recodified as SCC Chapter 14.66 by Ord. O20250005)

(1)    The purpose of this Chapter is to regulate land disturbing activity and safeguard public health, safety, and welfare by:

(a)    Harmonizing the review for stormwater management, forest practices, protection of critical areas, floodplain management, shorelines, cultural resources, the building codes for grading, and SEPA;

(b)    Promoting site planning that is consistent with natural topographical, vegetation and hydrological conditions, utilizing low impact development (LID) to the maximum practical extent;

(c)    Encouraging holistic site planning to reduce negative impacts to the community and the environment;

(d)    Preserving vegetation, including by preventing indiscriminate removal of vegetation and trees on undeveloped property, and where appropriate requiring commensurate replanting;

(e)    Requiring the implementation of best management practices (BMPs);

(f)    Addressing short-term stormwater impacts resulting from the actual land disturbance and the long-term stormwater impacts caused by loss of native vegetation and soils;

(g)    Protecting archaeological and historical resources pursuant to RCW Chapters 27.44 and 27.53;

(h)    Establishing administrative procedures to issue permits, approve plans, and inspect land disturbance activities; and

(i)    Minimizing the amount of time between land disturbance and the project completion. (Ord. O20250005 § 2 (Exh. A); Ord. O20220006 § 1 (Att. 2). Formerly 14.22.010)

(1)    Generally. This Chapter applies to all land disturbing activity including but not limited to clearing, grading, excavation, fill, and forest practices subject to County jurisdiction. This Chapter does not apply to those activities identified in Subsection (3) of this Section.

(2)    Required Review and Permit. A land disturbance permit is required for all activities subject to this Chapter unless all provisions of this Chapter are reviewed under a building or shoreline substantial project permit.

(3)    Exemptions. The following activities are exempt from the requirements of this Chapter:

(a)    Except as provided in Subsections (3)(b) and (3)(c) of this Section, cumulative land disturbing activity, over a five-year period, totaling:

(i)    Less than 7,000 square feet within the NPDES permit area; and

(ii)    Less than 14,000 square feet outside the NPDES permit area cumulatively.

(b)    Grading or excavation that meets all of the following:

(i)    Does not obstruct or modify drainage;

(ii)    Is less than three feet deep;

(iii)    Does not create a slope greater than five feet in height and not steeper than one and one-half horizontal feet to one vertical foot (66.6 percent or 33.7 degrees);

(iv)    Does not exceed 100 cubic yards of excavated material;

(v)    Over a five-year period, does not exceed 2,000 square feet of impervious area or 7,000 square feet of land disturbance;

(vi)    Does not require floodplain review under SCC Chapter 14.24; and

(vii)    Is not within a critical area or its buffers, unless critical areas review of the project and areas of land disturbance have been approved.

(c)    Fill that meets all of the following:

(i)    Does not obstruct or modify drainage;

(ii)    Does not exceed three feet in depth;

(iii)    Is placed on natural terrain with a slope of less than 12 percent;

(iv)    Does not exceed 100 cubic yards;

(v)    Is not more than one foot and is intended to support a structure;

(vi)    Over a five-year period, does not exceed 2,000 square feet of impervious area or 7,000 square feet of land disturbance;

(vii)    Does not require floodplain review under SCC Chapter 14.24; and

(viii)    Is not within a critical area or its buffers, unless critical areas review of the project and areas of land disturbance have been approved.

(d)    Site investigations performed under the direction of a qualified professional that do not create permanent impacts such as surveys, soil borings, test pits, soil logs, site evaluations, percolation tests and other related activities;

(e)    Forest practices not subject to County jurisdiction under RCW 76.09.240;

(f)    Cemetery graves;

(g)    Refuse disposal sites controlled by and in compliance with other regulations;

(h)    Excavations for well or utility trenches;

(i)    Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate, or clay controlled by and in compliance with other regulations when such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties;

(j)    The following agricultural activities in accordance with SCC 14.24.120:

(i)    Tilling, soil preparation, fallow rotation, planting, harvesting and other commercial agricultural activities involving working the land; provided, that any new development activities must comply with all applicable provisions of SCC Chapter 14.24;

(ii)    Maintenance or repair of existing agricultural facilities including stormwater facilities, drainage ditches, and ponds;

(iii)    New construction and enlargement of existing agricultural drainage ditches that require 500 cubic yards or less of grading; provided, that the new or enlarged ditches:

(A)    Do not adversely impact upstream or downstream properties; and

(B)    Are not located within 300 feet of wetlands, fish and wildlife habitat conservation areas, and erosion hazard areas.

(k)    The removal of plants designated as noxious or invasive weeds while protecting native plants and native soils;

(l)    Vegetation maintenance practices, including landscape maintenance and gardening;

(m)    Stormwater facility maintenance if conducted according to established standards and procedures and consistent with the operations and maintenance plan for the facility, including:

(i)    Land disturbing activity associated with public improvements and maintenance by Skagit County within the existing right-of-way, except this does not include activities that expand into a critical area or associated buffer, including, but not limited to:

(ii)    Roadside ditch cleaning if the ditch does not contain fish;

(iii)    Pavement repair and repaving;

(iv)    Normal grading of gravel shoulders;

(v)    Maintenance of culverts;

(vi)    Maintenance of flood control or other approved stormwater facilities;

(vii)    Routing clearing within road right-of-way; and

(viii)    Emergency action necessary to protect public safety or private or public property from imminent danger; and

(n)    Private road maintenance that does not change road dimensions, surface material, or drainage. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20230007 § 1 (Att. 1); Ord. O20220006 § 1 (Att. 2). Formerly 14.22.020)

(1)    Review of land disturbing activity requires the applicant to submit:

(a)    A narrative of the project that includes the following information:

(i)    Existing site conditions;

(ii)    Development goals of proposed work;

(iii)    Specific work to be accomplished;

(iv)    A time schedule for land clearing activities;

(v)    Type of equipment to be used;

(vi)    A construction pollution prevention plan that identifies measures to protect the site, adjacent properties, and downstream areas from potential adverse impacts;

(vii)    The estimated quantities and area of work involved; and

(viii)    If excavated material is to be wasted off site, a description of the location and the route to the disposal site;

(b)    A site plan for the project proposal including a map to scale showing areas to be cleared or graded, known critical areas and existing site drainage patterns, sediment and erosion control measures, existing developed areas and those anticipated for future development.

(c)    Demonstration of compliance with all applicable development standards listed in SCC 14.30.050; and

(d)    Any other items that may be required by the Director.

(2)    An application for a forest practice subject to Skagit County jurisdiction must also include the following:

(a)    A completed “Forest Practices Conversion Application” form provided by the Department; and

(b)    A site plan that includes the location of existing and proposed skid roads, haul roads, and landings within the project area.

(3)    By submitting an application under this Section, the applicant consents to entry upon the subject site by the County during regular business hours for the purposes of making inspections to verify information provided by the applicant and to ensure that work is being performed in accordance with the requirements of this Chapter. (Ord. O20250005 § 2 (Exh. A); Ord. O20220006 § 1 (Att. 2). Formerly 14.22.030)

(1)    A land disturbance application may be approved, conditionally approved, or denied subject to the type of review specified in SCC 14.06.150.

(a)    The application must be denied if it fails to comply with the requirements of this Title or RCW Chapter 76.09.

(b)    Conditions of approval may include:

(i)    Inspection by the applicant’s certified erosion and sediment control lead prior to land disturbing activities;

(ii)    The establishment of financial securities in the form of performance and maintenance bonds or other surety instruments; and

(iii)    Any other conditions as deemed necessary by the Director.

(2)    Activities subject to this Chapter must comply with all applicable Federal, State, and local laws and regulations, including the following:

(a)    SCC Chapter 14.24, Critical Areas.

(b)    SCC Chapter 14.48, Shorelines.

(c)    SCC Chapter 14.32, Stormwater Management.

(d)    SCC Chapter 14.34, Flood Damage Prevention.

(e)    SCC Chapter 14.66, Public Works Standards.

(f)    SCC Chapter 15.04, International Codes.

(g)    SCC Chapter 16.12, State Environmental Policy Act.

(3)    The decisionmaker on the application may require additional or more stringent standards than those specified in this Chapter to the extent necessary to protect the public health, safety, and welfare or to mitigate any adverse impacts from land disturbing activities. The decisionmaker must provide written findings of fact related to the additional requirements to the applicant.

(4)    The decision under Subsection (1) or (3) of this Section is appealable under SCC Chapter 14.06.

(5)    Prior to beginning field work the applicant must:

(a)    Clearly mark all critical areas and associated buffers, landing areas, tree retention areas, native vegetation areas for stormwater dispersion/infiltration, and harvest/cutting/preserved areas boundaries with construction fencing or other approved method that clearly shows their boundaries; and

(b)    The location of marked areas must be noted on any future site plan. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20220006 § 1 (Att. 2). Formerly 14.22.040)

(1)    The Director may require the applicant to establish a financial security which may be acceptable to the County at its sole discretion.

(2)    The security must be in an amount of at least the County’s estimate of the cost of correcting or eliminating hazardous conditions that reasonably may occur, and ensuring compliance with the stipulations of the permit and the approved plans. (Ord. O20250005 § 2 (Exh. A); Ord. O20220006 § 1 (Att. 2). Formerly 14.22.050)

A land disturbance permit requires inspections to ensure that all work on a site is completed pursuant to the approved permit and requirements of this Chapter. (Ord. O20250005 § 2 (Exh. A); Ord. O20220006 § 1 (Att. 2). Formerly 14.22.060)

(1)    The purpose of this Section is to avoid the destruction of or damage to any site having historic or cultural values as identified by the appropriate agencies, including but not limited to affected Indian Tribes and the Washington State Department of Archaeology and Historic Preservation (DAHP).

(2)    Archaeological sites are subject to the provisions of RCW Chapters 27.53 and 27.44.

(3)    Consistent with RCW 27.53.060, if historical, cultural, or archaeological sites or artifacts of potential significance are discovered during land disturbing activities:

(a)    Work on the development site must stop immediately;

(b)    The project proponent or responsible party must report the discovery to the County immediately;

(c)    Skagit County shall notify DAHP, the affected tribes, and other appropriate agencies of the discovery; and

(d)    The project proponent or responsible party must retain a professional archaeologist to conduct an immediate site assessment and determine the significance of the discovery.

(A)    If a negative determination is received, i.e., the find is not significant, the work may resume after consultation with the State and the affected Tribes.

(B)    If a positive determination is received, work on the site must remain stopped and the project proponent or responsible party may not resume development activities without authorization from DAHP.

(4)    Consistent with RCW 68.50.645, if human skeletal remains are discovered during land disturbing activities:

(a)    All activity must cease and the area of the find will be protected from further disturbance;

(b)    The project proponent or responsible party must report the discovery to local law enforcement and the County Medical Examiner or Coroner immediately; and

(c)    The County Medical Examiner or Coroner may assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or nonforensic; nonforensic remains must be reported to DAHP, who will then take jurisdiction of the remains. (Ord. O20250005 § 2 (Exh. A); Ord. O20220006 § 1 (Att. 2). Formerly 14.22.070)

(1)    Purpose. This Chapter seeks to help protect adjacent landowners and others from downstream flooding, erosion, and pollution in compliance with the County’s NPDES permit. The requirements of this Chapter govern both temporary and long-term stormwater management. This Chapter describes the County’s authority, regulatory requirements, submittal requirements, and procedures for stormwater drainage design, review, approval, construction, maintenance, and management in unincorporated Skagit County.

This chapter is intended to be consistent with the County’s NDPES permit, and in the event of any conflicts between this chapter and the permit, the provisions of the permit control.

(2)    This Chapter is in furtherance of the following stormwater management goals:

(a)    Management of stormwater through a land development strategy emphasizing conservation and use of on-site natural features integrated with hydrologic controls to mimic predevelopment hydrologic conditions;

(b)    Encouraging creative and coordinated site planning, the conservation of natural conditions and features, the use of appropriate technologies and techniques, and the efficient layout of streets, utility networks and other public improvements;

(c)    Reducing hard surfaces and impervious surfaces;

(d)    Preserving or restoring native vegetation;

(e)    Protecting or preserving water quality; and

(f)    Promoting the use of low impact development (LID) techniques by making LID measures the preferred and commonly used approach to site development. (Ord. O20220006 § 1 (Att. 3))

(1)    No site development activity requiring review under this Chapter, including land disturbance, or other construction activity may occur until the proposed activity has been reviewed and any required project permit has been issued.

(2)    This Chapter applies in unincorporated Skagit County to the following activities:

(a)    New development means land disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in RCW Chapter 58.17. Projects meeting the definition of redevelopment shall not be considered new development.

(b)    Redevelopment means, on a site that is already substantially developed (has 35 percent or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities.

(c)    Any activity requiring a land disturbance permit under SCC Chapter 14.30.

(d)    Any land disturbing activity that is not exempt from review under SCC Chapter 14.30.

(3)    This Chapter applies to all applications for project permits submitted to the County:

(a)    On or after July 1, 2022;

(b)    Prior to January 1, 2017, that have not started construction by January 1, 2022; and

(c)    Prior to July 1, 2022, that have not started construction by July 1, 2027.

(4)    Exemptions. The following activities, as set forth in the County’s NPDES permit, Appendix 1, are exempt from the minimum requirements of this Chapter:

(a)    Forest Practices. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timber land to other uses.

(b)    Commercial Agriculture. Commercial agriculture practices involving production of crops or livestock; provided, that the conversion from timberland to agriculture, and the construction of impervious surfaces are not exempt.

(c)    Oil and Gas Field Activities or Operations. Construction of drilling sites, waste management pits, and access roads, as well as construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations are exempt. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality during storm events

(d)    Pavement Maintenance.

(i)    The following pavement maintenance practices are exempt:

(A)    Pothole and square cut patching;

(B)    Overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage;

(C)    Shoulder grading;

(D)    Reshaping/regrading drainage systems;

(E)    Crack sealing;

(F)    Resurfacing with in-kind material without expanding the road prism;

(G)    Pavement preservation activities that do not expand the road prism; and

(H)    Vegetation maintenance.

(ii)    The following pavement maintenance practices are not categorically exempt, and are subject to the minimum requirements that are triggered when the thresholds identified for new or redevelopment projects are met under SCC 14.32.040 et seq.:

(A)    Removing and replacing an asphalt or concrete pavement to base course or lower, or repairing the pavement base; these are considered replaced hard surfaces.

(B)    Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders; these are considered new hard surfaces.

(C)    Resurfacing by upgrading from dirt to gravel, a bituminous surface treatment (“chip seal”), asphalt, or concrete; upgrading from gravel to chip seal, asphalt, or concrete; or upgrading from chip seal to asphalt or concrete; these are considered new impervious surfaces.

(e)    Underground Utility Projects. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to Minimum Requirement No. 2. (Ord. O20240005 § 1 (Exh. A); Ord. O20220006 § 1 (Att. 3))

(1)    All applications for a project permit require a stormwater site plan consistent with this Chapter.

(2)    All proposals for engineered stormwater facilities must be provided in a native electronic format.

(3)    Security. The County may require liability insurance and a financial security to ensure performance of the requirements of this Chapter. (Ord. O20240005 § 1 (Exh. A); Ord. O20220006 § 1 (Att. 3))

(1)    Skagit County adopts:

(a)    Ecology’s 2019 Stormwater Management Manual for Western Washington, as subsequently amended, as the stormwater management manual for unincorporated Skagit County.

(b)    The thresholds, definitions, minimum requirements and exceptions, adjustment and variance criteria found in Appendix 1 of the County’s current NPDES permit.

(c)    The following portions of WSDOT’s Standard Specifications for Road, Bridge, and Municipal Construction:

(i)    Section 6-11, Reinforced Concrete Walls.

(ii)    Division 7, Drainage Structures, Storm Sewers, Sanitary Sewers, Water Mains, and Conduits.

(iii)    Section 8-01, Erosion Control and Water Pollution Control.

(iv)    Section 8-15, Riprap.

(v)    Section 9-03, Aggregates.

(vi)    Section 9-05, Drainage Structures and Culverts.

(vii)    Section 9-13, Riprap, Quarry Spalls, Slope Protection, and Rock for Erosion and Scour Protection and Rock Walls.

(d)    WSDOT Highway Runoff Manual.

(2)    Within the Airport Environs Overlay the provisions of SCC 14.14.100(3)(c)(iii) apply. (Ord. O20250005 § 2 (Exh. A); Ord. O20220006 § 1 (Att. 3))

Any development or redevelopment, or other project subject to this chapter, that is wholly or partially inside the NPDES permit area or an urban growth area and non-single-family residential projects outside of the NPDES permit area, must fully comply with the County’s NPDES permit and the stormwater management manual. (Ord. O20220006 § 1 (Att. 3))

(1)    Single-family residential and single-family residential accessory projects that are wholly outside the NPDES permit area and an urban growth area that meet these criteria must comply with the stormwater management manual’s minimum requirements as modified in Subsection (2) of this Section.

(a)    Minimum Requirements Nos. 1 through 9 are required for projects that meet any of the following criteria:

(i)    Result in 10,000 square feet of new plus replaced hard surface area.

(ii)    Result in 50 percent or greater hard surface coverage of the lot.

(iii)    Convert one and one-half acres or more of vegetation to lawn or landscaped area.

(iv)    Convert five acres or more of natural vegetation to pasture.

(v)    Include grading or filling that moves more than 500 cubic yards of material.

(b)    Minimum Requirements Nos. 1 through 5 are required for projects that meet any of the following criteria:

(i)    Result in 4,000 square feet or more of new plus replaced hard surface.

(ii)    Result in land disturbance of 14,000 square feet or more.

(c)    Minimum Requirement No. 2, Construction Stormwater Pollution and Protection Plan, is required for all projects.

(2)    Modified Minimum Requirements for Residential Projects Wholly Outside of the NPDES Permit Area.

(a)    Minimum Requirement No. 1, Stormwater Site Plan.

(i)    The infiltration test for the stormwater site plan may be performed consistent with the simplified procedure provided by the Department.

(ii)    If the project does not include or require an engineered stormwater facility, the stormwater site plan is not required to be prepared by a registered land surveyor or an engineer.

(b)    Minimum Requirement No. 2, Construction Stormwater Pollution and Protection Plan. The applicant may use the model construction SWPPP provided by the Department if:

(i)    The project is a residence or residential accessory use; and

(ii)    The project does not require coverage under Ecology’s Construction Stormwater General Permit.

(c)    Minimum Requirement No. 3, Source Control. Reserved.

(d)    Minimum Requirement No. 4, Preservation of Natural Drainage. Reserved.

(e)    Minimum Requirement No. 5, On Site Stormwater Management.

(i)    If the application is subject only to Minimum Requirement Nos. 1 through 5, the applicant may use any feasible BMP from the appropriate stormwater management manual list, and does not need to select BMPs in the prescribed order.

(ii)    If the application is subject to Minimum Requirement Nos. 1 through 9, the applicant may use the LID performance standard or the appropriate stormwater management manual list.

(iii)    Geotechnical Analysis. A geotechnical analysis must be required when:

(A)    Grading or the construction of retention facilities, detention facilities, or other stormwater and drainage facilities is proposed within 200 feet of slopes steeper than 15 percent; or

(B)    The Director deems that the proposed construction poses a potential hazard due to its proximity to a geologically hazardous area or Category I aquifer recharge area.

(iv)    Soils Analysis. A soils analysis is required when the Director deems that existing soils maps of the project site are not of sufficient resolution to allow proper engineering analysis.

(f)    Minimum Requirement No. 6, Runoff Treatment. Reserved.

(g)    Minimum Requirement No. 7, Flow Control. Reserved.

(h)    Minimum Requirement No. 8, Wetlands Protection. Reserved.

(i)    Minimum Requirement No. 9, Operations and Maintenance. The applicant may use the BMP maintenance tables in Appendix V-A of the stormwater management manual. (Ord. O20230007 § 1 (Att. 1); Ord. O20220006 § 1 (Att. 3))

(1)    Inside the NPDES permit area, a development may use emerging stormwater treatment technologies that are approved by Ecology’s technology assessment protocol.

(2)    Wholly outside the NPDES permit area, experimental BMPs may be used to solve problems in a manner not addressed by the stormwater management manual. The Director may:

(a)    Approve experimental BMPs where there is substantial evidence that the experimental BMP will be as effective as a traditional BMP at controlling stormwater quality and quantity;

(b)    Require that the performance of experimental BMPs be monitored to document their effectiveness for future use; or

(c)    Require additional BMPs if the experimental BMPs fail to adequately control and treat stormwater. (Ord. O20220006 § 1 (Att. 3))

Development that proposes pollution generating land uses may be required to include structural source control BMPs that are protective of water quality in accordance with AKART. (Ord. O20220006 § 1 (Att. 3))

(1)    Adjustments. The Director may grant an adjustment to the application of the stormwater management manual and its minimum requirements prior to permit approval and construction provided that written findings of fact are prepared that address the following:

(a)    The adjustment provides substantially equivalent environmental protection.

(b)    Based on sound engineering practices, the objectives of safety, function, environmental protection, and facility maintenance are met.

(2)    Exceptions.

(a)    The Director may grant an exception from this Chapter or the application of the stormwater management manual and its minimum requirements prior to permit approval and construction following legal public notice of an application for an exception or variance, legal public notice of the Director’s decision on the application, and written findings of fact that document the Director’s determination to grant an exception.

(b)    The Director may grant an exception to the minimum requirements if such application imposes a severe and unexpected economic hardship.

(i)    To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the Director must consider and document, with written findings of fact, the following:

(A)    The current (preproject) use of the site;

(B)    How the application of the minimum requirement(s) restricts the proposed use of the site compared to restrictions that existed prior to the adoption of the minimum requirements;

(C)    The possible remaining uses of the site if the exception were not granted;

(D)    The uses of the site that would have been allowed prior to the adoption of the minimum requirements;

(E)    A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and

(F)    The feasibility for the owner to alter the project to apply the minimum requirements.

(ii)    The Director may not approve any exception unless the exception meets the following criteria:

(A)    The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and

(B)    The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.

(c)    Records. The Director must retain records, including the written findings of fact, of all exceptions from the minimum requirements.

(3)    A request for an adjustment or exception must adequately describe the justification for relief and is subject to the type of review specified in SCC 14.06.150. (Ord. O20240005 § 1 (Exh. A); Ord. O20220006 § 1 (Att. 3))

To mitigate or eliminate potential stormwater-related impacts on critical drainage areas, the Director may require additional stormwater improvements in the following areas:

(1)    All areas designated as critical areas under SCC Chapter 14.24;

(2)    All lands within 200 feet of the ordinary high-water mark of water bodies possessing fish spawning and rearing habitat for anadromous and resident fish species, as designated by the State Department of Fish and Wildlife;

(3)    Any lands that drain to a natural feature that is a closed depression, i.e., a low-lying area that has no surface outlet, or such a limited surface outlet that in most storm events, the area acts as a retention basin, holding water for infiltration, evaporation, or transpiration;

(4)    Any lands that are established by law as fish or shellfish protection areas; and

(5)    Any lands determined by the Director to have a high potential for drainage and water quality problems and/or are sensitive to the effects of construction or development. (Ord. O20220006 § 1 (Att. 3))

The County may use basin/watershed planning, as allowed under the County’s NPDES permit, Appendix 1, Section 7. For a basin plan to serve as a means of modifying the minimum requirements of this Chapter, the plan must:

(1)    Be formally adopted by all jurisdictions with responsibilities under the plan;

(2)    All ordinances and regulations called for by the plan must be in effect; and

(3)    The basin plan must be reviewed and approved by the Department of Ecology. (Ord. O20220006 § 1 (Att. 3))

(1)    All development must meet the following performance standards so that adjacent properties are not unreasonably burdened with surface waters resulting from such development.

(a)    Runoff may not discharge directly onto the surface of a public or private road.

(b)    Runoff may not discharge into a private road’s ditch system except when the lot is within a recorded subdivision with an approved stormwater facility and the runoff is directed into that facility and will not exceed the capacity of the facility.

(c)    Runoff may not discharge into a County right-of-way, except (i) with the authorization of the Public Works Director or (ii) when the lot is within a recorded subdivision with an approved stormwater facility, the runoff is directed into that facility, and will not exceed the capacity of the facility.

(d)    Runoff may not discharge into a drainage district’s system without prior written authorization from the applicable drainage district.

(e)    Runoff may not discharge directly into a manure lagoon or vault unless the lagoon or vault has been converted to only support stormwater.

(f)    Runoff and infiltration must be directed away from septic drain fields.

(g)    Runoff from impervious surfaces, roof drains, and yard drains must be directed so as not to adversely affect adjacent properties, public properties and facilities, well protection zones, unstable slopes, basement crawl spaces, and footing drains.

(h)    Runoff from development may not cause a significant adverse impact to down-gradient properties.

(2)    All stormwater facilities must be constructed consistent with the currently adopted International Building Code and International Residential Code.

(3)    All stormwater facilities that include pipes and drains must meet the following minimum installation requirements:

(a)    Footing and roof drains may not utilize the same pipe.

(b)    A one-percent minimum ground slope away from the structure is required for installation of downspouts.

(c)    Pipe covers and pipe bedding must be installed according to manufacturer’s specifications.

(d)    Facilities must be inspected and approved by the County prior to use.

(e)    Facilities must be cleaned of sediment prior to use. (Ord. O20220006 § 1 (Att. 3))

(1)    All development must control erosion and sedimentation during construction. In addition to the requirements of the stormwater management manual, development must do the following:

(a)    Stabilization of Exposed Soils. At all times of the year, sufficient materials, equipment, and labor must be readily available to stabilize and prevent erosion. All exposed, disturbed soils must be stabilized prior to any forecasted rain event.

(b)    Delineation of Clearing and Easement Limits. Clearing limits, setbacks, buffers, and sensitive or critical areas such as steep slopes, wetlands, wellhead protection areas and riparian corridors shall be clearly marked in the field and inspected by County staff (or where appropriate, by the applicant’s critical areas consultant) prior to commencement of land clearing activities.

(c)    Construction Access Routes. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road by use of appropriate BMPs such as a stabilized construction entrance. If sediment is transported onto a road surface, at a minimum, the roads must be thoroughly cleaned at the end of each day. Sediment must be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing is allowed only after sediment is removed in this manner and no drainage systems and/or wildlife habitat will be harmed by the flushing activity.

(d)    Dewatering Construction Sites. Dewatering devices must discharge into an appropriate sediment trap or pond designed to accept such a discharge, preceded by adequate energy dissipation, prior to runoff leaving the site.

(e)    Control of Pollutants Other Than Sediment. All pollutants other than sediment that occur on site during construction must be handled and legally disposed of in a manner that does not cause contamination of surface waters and as otherwise required by SCC Chapter 16.32. Pollutants of concern include, but are not limited to, fuels, lubricants, solvents, concrete byproducts, and construction materials. (Ord. O20220006 § 1 (Att. 3))

(1)    To minimize the stormwater impacts of development, the low-impact development (LID) techniques and facilities identified in the stormwater management manual, the Low Impact Development Technical Guidance Manual for Puget Sound (Puget Sound Partnership and WSU Extension, 2012), and this chapter are allowed, and encouraged, anywhere in unincorporated Skagit County.

(a)    Permeable pavement is encouraged in place of regular pavement to meet applicable LID requirements where feasible. Permeable pavement is the preferred approach to development. The Director must review and approve the utilization of alternative surfacing methods for compliance with other applicable regulations and development standards.

(b)    Bioretention swales with compost-amended soils may be used, with the approval of the Director.

(c)    Upon request of the Director, the applicant must provide copies of delivery tags and purchase statements for any installed LID facilities.

(d)    In the event of a conflict between this Section and other development regulations, the provisions of this Section apply.

(2)    When LID Is Required.

(a)    LID techniques and facilities are required within the NPDES permit area where the County’s NPDES permit thresholds are exceeded and where feasible and outside the permit area where thresholds trigger implementation of the stormwater manual.

(i)    LID techniques are to be the preferred and most commonly used approach to site planning and development.

(ii)    Applicants must design LID BMPs to minimize impervious surfaces, native vegetation loss, and stormwater runoff in all types of development situations, where feasible.

(iii)    The applicant must use the BMPs identified in the stormwater management manual where feasible for the site conditions.

(iv)    The Director has authority to determine whether specific BMPs are feasible under the criteria provided in the stormwater management manual.

(b)    Projects subject to Minimum Requirement Nos. 1 through 9 must comply with the following:

(i)    After the project is complete, there may not be a net increase in impervious surface above the limit on the permit, plat, or site plan without approval from the Director.

(ii)    For subdivisions, the maximum impervious surfaces allowed for each lot must be added to the face of the plat.

(iii)    For all other development, the maximum impervious surface allowed for the development must be added to the face of the final, approved site plan.

(c)    Applicants must locate and design all buildings, streets and pathways, parking areas, and utility easements to promote public safety, ensure compatibility of uses, minimize effective impervious surface, preserve native vegetation, and complement predevelopment site characteristics such as topography, soils, hydrology, and other natural features.

(3)    General Design Techniques for Achieving LID Goals.

(a)    Limit clearing and grading to the minimum necessary for construction of permitted uses and associated utilities.

(b)    Limit lawn areas, driveways, and roads and locate them in a manner that results in the least disruption to the topography and native vegetation on the site.

(c)    Cluster lots, dwelling units, or building structures during the conceptual planning stage to preserve open space, reduce total impervious surface area, and minimize development impacts on critical areas and associated buffers.

(4)    Maintenance. A maintenance plan consistent with SCC 14.32.170 is required. A landscape plan is required when plants are an essential part of the LID BMP.

(5)    Native Vegetation.

(a)    To use existing vegetation as native vegetation for stormwater dispersion, the vegetation must be characterized by a minimum of one mature evergreen or deciduous tree per 400 square feet of area. Areas not meeting this standard must be planted consistent with BMP T5.30 from the stormwater management manual.

(b)    The duff layer and native topsoil on a project site should be retained in an undisturbed state to the maximum extent practicable to preserve the natural stormwater holding capacity.

(c)    Where native vegetation is used to achieve Minimum Requirement No. 6 or 7, only the following are allowed:

(i)    Permeable pedestrian trails;

(ii)    Surface water restoration projects;

(iii)    Passive recreation;

(iv)    Removal of invasive species;

(v)    Planting of native vegetation from the Skagit County master tree/plant list of native species; and

(vi)    Amendment of disturbed soils consistent with all applicable regulations.

(d)    Where native vegetation is used to achieve Minimum Requirement No. 6 or 7, the applicant must establish one or more of the following permanent protective mechanisms to ensure that native vegetation is retained:

(i)    A protective easement dedicated to the County;

(ii)    A separate nonbuilding tract owned in common by all lots within the subdivision;

(iii)    Restrictions on the future use of the area recorded on the face of the final plat; and

(iv)    An alternative permanent protective mechanism approved by the Director. (Ord. O20240005 § 1 (Exh. A); Ord. O20220006 § 1 (Att. 3))

(1)    Generally.

(a)    All proposed developments must provide on-site stormwater conveyance with sufficient capacity to convey without flooding or otherwise damaging existing or proposed structures, consistent with the stormwater management manual.

(b)    Stormwater conveyance infrastructure must be sized per the approved Ecology method such as Western Washington hydrology model.

(2)    Easements, Tracts, and Covenants.

(a)    Drainage easements must be provided in a proposed development for all stormwater and drainage conveyance systems that are not located in public rights-of-way or tracts and must be granted to the parties responsible for providing ongoing maintenance of the systems. Drainage structures through non-drainage easements are prohibited.

(b)    Drainage easements must be clearly shown on the face of all final plats and must be contained in any covenants required for a development.

(c)    Drainage easement width shall be per the chart below unless otherwise approved by the Director.

(3)    Wetlands. Stormwater discharges to wetlands are allowed only when consistent with the stormwater management manual, including Minimum Requirement No. 8 and Appendix I-C of the stormwater management manual.

(4)    Regional Facilities.

(a)    A regional facility is a stormwater BMP that may provide runoff treatment and flow control to more than one property. Regional stormwater facilities may be used as an alternative method of meeting Minimum Requirement Nos. 5, 6, 7 and 8.

(b)    Regional facilities are designed, reviewed, and approved based on impervious surfaces anticipated with full development within the basin that drains to the facility.

(i)    Once approved, a regional facility may be used for future development provided the regional facility is operational prior to development and has capacity for any future development that proposes to rely on it for compliance.

(ii)    The owner/operator of a regional stormwater facility must track impervious surfaces within the basin to determine how much actual capacity remains for use by future projects. This data must be provided to Skagit County upon request.

(iii)    A regional stormwater facility’s flow control/treatment capacity may not be exceeded.

(iv)    A development agreement pursuant to SCC Chapter 14.58 may include appropriate provisions to ensure re-review and, if warranted, additional runoff treatment and/or flow control to ensure compliance with stormwater requirements and standards that may apply to future development. Provisions of any development agreements must allow for and ensure compliance with the permit.

(c)    An existing regional facility proposed to be used to meet stormwater requirements for a development application will be reviewed for compliance with the stormwater requirements and standards applicable to the development application as set forth in the permit and the Skagit County Code.

(i)    Regional facilities, except those serving single-family residences, are subject to review 20 years after the permit issued for construction of the facility. Regional facilities constructed prior to June 30, 2022, are not subject to review prior to June 30, 2032.

(ii)    Such review is limited to the impact on the regional facility by the proposed use set forth in the development application, including an analysis of whether the regional facility has remaining capacity to receive stormwater discharges from the proposed project.

(iii)    If a regional facility does not have the capacity to meet current stormwater requirements for a development application the deficiencies may be addressed by retrofitting the existing facility or constructing new facilities, or both. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20220006 § 1 (Att. 3))

(1)    Long Term Maintenance Required.

(a)    For projects that must meet only Minimum Requirement Nos. 1 through 5, stormwater BMPs must be maintained in accordance with original approval and County standards.

(b)    For projects that must meet Minimum Requirement Nos. 1 through 9, prior to the use of a stormwater treatment and/or flow control BMP/facility required by this Chapter, the owner must:

(i)    Ensure a complete initial evaluation of the stormwater facility system components and property by a qualified professional to determine functionality, maintenance needs, and compliance with this Chapter and any permits. The property owner must submit the signed and stamped engineer’s evaluation to the Director for approval;

(ii)    Provide to Skagit County a complete and accurate set of reproducible as-built record drawings;

(iii)    For an engineered stormwater facility, have the as-built record drawings stamped and certified as accurate by a qualified professional;

(iv)    Obtain approval from the Director for a maintenance plan; and

(v)    Record the approved maintenance plan with the County Auditor against the title of all properties using the stormwater facility.

(c)    The maintenance plan must:

(i)    Address how all of the elements of the stormwater facility will be maintained;

(ii)    Include the schedule for ongoing maintenance;

(iii)    Identify the responsible party for ongoing maintenance; and

(iv)    Be consistent with the stormwater management manual.

(d)    The maintenance plan remains in force for the life of the development or until the County approves a new or amended maintenance plan for the development’s stormwater facilities.

(e)    For LID facilities, the facility must be protected from all of the following:

(i)    Cover by structures or impervious material;

(ii)    Soil compaction, for example by vehicular traffic or livestock;

(iii)    Damage by soil removal and grade alteration; and

(iv)    Conversion to another use.

(2)    Inspections of Stormwater Facilities.

(a)    Where a stormwater treatment and/or flow control BMP/facility is required by this Chapter, the applicant must dedicate an easement to the County for access and inspection consistent with this Chapter and during normal business hours, and when inspectors provide advance notice. The Director may waive this requirement for small facilities that do not require inspection or can be effectively inspected without an access easement.

(b)    Inside the NPDES permit area, County inspection of stormwater treatment and/or flow control BMP/facility is required at least annually, or less frequently if allowed by the County’s NPDES permit.

(c)    Outside the NPDES permit area, the Director is authorized to develop an inspection program, including requirements for an inspection and maintenance schedule, to determine if stormwater facilities are in good working order and are properly maintained, and to ensure that stormwater BMPs are in place and that non-point source pollution control is being implemented.

(d)    Whenever there is cause to believe that a violation of this Chapter has been or is being committed, the County may inspect per SCC Chapter 14.09, Enforcement Procedures.

(e)    Nothing in this Section limits the County’s authority to inspect facilities under SCC Chapter 16.32.

(3)    County Acceptance of Stormwater Facilities.

(a)    Skagit County may, at the Director’s sole discretion, accept stormwater facilities for maintenance.

(b)    Only those facilities that meet the following conditions will be considered for acceptance:

(i)    For residential subdivisions, improvements have been completed on at least 80 percent of the lots, unless waived by the Director;

(ii)    The facility has been inspected by the County and accepted by the Director and has been in satisfactory operation for at least two years;

(iii)    If the facility was reconstructed during the maintenance period, it has been accepted by the Director;

(iv)    The facility as designed and constructed conforms to the provisions of this Chapter and, if necessary, is retrofitted to meet current stormwater design standards;

(v)    All easements and tracts required under this Chapter entitling the County to operate and maintain the facility have been conveyed to Skagit County and have been recorded with the Skagit County Auditor;

(vi)    An operation and maintenance manual including a maintenance schedule has been submitted to and accepted by Skagit County; and

(vii)    The applicant has provided to Skagit County a complete and accurate set of reproducible hard copy and electronic as-built record drawings stamped and certified as accurate by a qualified professional and accompanied by an approved maintenance plan. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20220006 § 1 (Att. 3))

(1)    Owners and operators of stormwater facilities must operate and maintain those facilities to ensure the performance of those facilities achieves the intended purposes.

(2)    Owners of property for which a stormwater BMP has been required by Skagit County must continually maintain that BMP.

(3)    Maintenance must be performed consistent with the stormwater management manual and any other conditions of approval and the approved maintenance plan, unless a more restrictive provision applies. When an inspection identifies an exceedance of the maintenance standard, the owner must perform maintenance:

(a)    Within 12 months for typical maintenance of facilities, except catch basins;

(b)    Within six months for catch basins;

(c)    Within 24 months for maintenance that requires capital construction of less than $25,000. (Ord. O20220006 § 1 (Att. 3))

If any provision or clause of this Chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable. (Ord. O20220006 § 1 (Att. 3))

The definitions in this Section apply throughout this Chapter and control over any conflicting definitions in SCC 14.04.020.

“Agricultural building” means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure may not be a place of human habitation nor a place of employment, nor may it be a place used by the public.

“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year.

“Base flood elevation” or “BFE” means the height of the base flood in relation to the National Geodetic Vertical Datum of 1929. Also defined as the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, V, and V1-V30 that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

“Basement” means any area of the building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides.

“Breakaway wall” means a wall or partition located below base flood elevation and designed to break away under high tides or wave action without causing damage to the structural system or elements of the building. Such walls must be designed for not less than 10 pounds per square foot or more than 20 pounds per square foot on the vertical projected area.

“Critter pad” means a livestock flood sanctuary area.

“Development” means construction or exterior alteration of structures, dredging, drilling, dumping, filling, earth movement, clearing or removal of vegetation (except activities meeting the definition of forest practices), storage of materials or equipment in a designated floodway, or other site disturbance, other than internal logging roads, which either requires a permit, approval or authorization from the County or is proposed by a public agency.

“Elevate” means to raise a building (without a basement) above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

“Elevation certificate” means a certified record of the actual elevation of a structure in relation to mean sea level of the lowest habitable floor or horizontal supporting member.

“Encroachment” means any fill, structure, building, use, accessory use, or development in the floodplain or watercourse that, combined with all other existing development, increases the base flood elevation more than one foot at any point. Encroachments are prohibited in regulatory floodways.

“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)    The overflow of inland or tidal waters;

(2)    The unusual and rapid accumulation of runoff or surface waters from any source.

“Flood Insurance Rate Map” or “FIRM” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

“Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary floodway map, and the water surface elevation of the base flood.

“Floodplain management” means a long-term local government program to reduce flood damages to life and property and to minimize public expenses due to floods through a comprehensive system of planning, development regulations, building standards, structural works, and monitoring and warning systems.

“Floodway” means the river channel and adjacent overbank areas through which the base flood is discharged without cumulatively increasing the water surface elevation more than one foot. Floodways identified on flood boundary and floodway maps (FBFM) become “regulatory floodways” within which encroachment or obstructions are prohibited.

“Lowest floor” means the lowest floor of the lowest enclosed area (including a basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor if such enclosure is not built so as to render the structure in violation of requirements.

“Manufactured home” means a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation. “Manufactured home” does not include recreational vehicles.

“New construction” means a structure for which the start of construction commenced on or after the effective date of the ordinance codified in this Chapter.

“Professional engineer” means a person who is qualified to practice civil engineering as attested by the engineer’s legal registration as a professional engineer in the State of Washington.

“Repair” means the reconstruction of a part of an existing building for the purpose of its maintenance or as a result of damage. Repair may include replacement of individual components of an assembly, such as components of a wall or a roof, but does not include replacement of the entire assembly. Where repair is required to more than 75 percent of the assembly, the assembly is considered to be replaced.

“Repetitive loss structure” means a National Flood Insurance Program (NFIP) insured structure that has had at least two paid flood losses of more than $1,000 each in any 10-year period since 1978.

“Replacement” means to put something new in place of something existing as a substitute, such as a building or structure, or part of a building or structure. When the value or extent of the work proposed, as determined by the Department, exceeds 75 percent of the preconstruction value or extent of the building, structure or assembly, the building, structure or assembly is deemed to be completely replaced.

“Special flood hazard area” or “SFHA” means an area having special flood, mudflow, or flood-related erosion hazards, and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO, A1-A30, AH, V, or V1-V30. Specific zones are defined as follows:

Zone A. The lowest floor elevation is required and the base flood elevations (BFEs) are not provided.

Zone A1-A30. The lowest floor elevation is required and the BFEs are provided.

Zone AH. Shallow water depths (ponding) and/or unpredictable flow paths between one and three feet occur. BFEs are provided.

Zone AO. Shallow water paths (sheet flow) and/or unpredictable flow paths between one and three feet occur. BFEs are not provided. Base flood depths may be provided.

Zone V. An area that is inundated by tidal floods with velocity (coastal high hazard area). BFEs are not provided.

Zone V1-V30. Identical to V Zone, but BFEs are provided.

“Substantial improvement” means any remodel, addition, or other improvement of a building when the cost of which as calculated cumulatively with any other activity occurring during the previous 10 years and the total of all improvements or repairs equals or exceeds 50 percent of the market value of the building before start of construction of the improvement. The term includes buildings which have incurred substantial damage of any origin sustained by a building when the cost of restoring the building to its pre-damaged condition as calculated cumulatively with any previous restoration would equal or exceed 50 percent of the market value before the damage occurred. Substantial improvement does not include any project for improvement of a building to correct existing violations of State or local health, sanitary or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (Ord. O20250005 § 2 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part))

The Legislature of the State of Washington has in Chapter 36.70 RCW delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizens. Therefore, the County of Skagit, State of Washington, does ordain the provisions set forth in this Chapter. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

(1)    The special flood hazard areas of Skagit County are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(2)    These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard, which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

(1)    To protect human life and health;

(2)    To minimize expenditure of public money and costly flood control projects;

(3)    To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4)    To minimize prolonged business interruption;

(5)    To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

(6)    To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

(7)    To ensure that potential buyers are notified that property is in an area of special flood hazard;

(8)    To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

(9)    To retain the natural channel, shoreline, and floodplain creation processes and other natural floodplain functions that protect, create, and maintain habitat for threatened and endangered species;

(10)    To prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains and stream channels.

It is the purpose of this Chapter to protect the public health, safety and welfare in those areas subject to periodic inundation due to flooding, and to minimize losses due to flood conditions in the specific areas subject to this Chapter by utilizing the methods and provisions set forth herein. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

In order to accomplish its purpose, this Chapter and SCC Chapters 14.32 and 14.48 include methods and provisions for:

(1)    Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

(2)    Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3)    Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

(4)    Controlling filling, grading, dredging, and other development which may increase flood damage; and

(5)    Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. O20250005 § 2 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

(1)    The special flood hazard areas (SFHA) identified by the Federal Insurance Administration in a scientific and technical engineering report entitled “Flood Insurance Study for the Unincorporated Areas of Skagit County, Washington,” dated January 3, 1985, with accompanying flood insurance rate and floodway maps and subsequent revisions, is hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study is on file with Skagit County Planning and Development Services.

(2)    All new hydrologic and hydraulic flood studies conducted pursuant to this Section shall consider future conditions and the cumulative effects from anticipated future land use changes in accordance with Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance for Floodplain Management under the National Flood Insurance Program and the Endangered Species Act, FEMA Region X, 2010. If there is an existing study that meets the rest of this Chapter’s criteria, it may be used, even if it does not account for future conditions. (Ord. O20250005 § 2 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

The protected review area is comprised of, and shall be the greater of, those lands that lie within the boundaries of the floodway, the riparian habitat zone (RHZ), and the channel migration area (CMA). The riparian habitat zone and channel migration area are defined as follows:

(1)    The “riparian habitat zone” includes streams, natural watercourses and adjacent land areas within the special flood hazard area (SFHA), but not artificial watercourses. The width of the RHZ shall be 250 feet from all waters of the State (as defined under WAC 222-16-030) within the SFHA.

(2)    The “channel migration area (CMA)” shall be the channel migration zone plus 50 feet, where such migration zones have been delineated on a map or maps that have been adopted by Skagit County for regulatory purposes. When such maps become adopted, they shall be incorporated as a part of this Chapter and shall be used in accordance with this Section.

(a)    Exception. Maintained levees subject to annual Corps of Engineers inspections shall be deemed to be the boundaries of the channel migration area. (Ord. O20200003 (Att. A); Ord. O20110008 (part))

Any construction, location, extension, conversion, or alteration of a structure or land identified in a special flood hazard area shall fully comply within the requirements of this Chapter, Chapter 86.16 RCW, and Chapter 173-158 WAC. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Chapter and another chapter, ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

In the interpretation and application of this Chapter, all provisions shall be:

(1)    Considered as minimum requirements;

(2)    Liberally construed in favor of the governing body; and

(3)    Deemed neither to limit nor repeal any other powers granted under State statutes. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of Skagit County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

A floodplain project permit, processed per SCC Chapter 14.06, must be obtained prior to construction or development on any property within a special flood hazard area as established in SCC 14.34.050. The permit is required for all structures and development activities, as well as those activities listed in Subsection (1) of this Section that may or may not otherwise require a project permit.

(1)    Activities.

(a)    Septic tanks and drain fields.

(b)    Dumping or storage of hazardous waste.

(c)    Utility and road maintenance work not exempted pursuant to Subsection (2) of this Section.

(2)    Exemptions. The following activities are exempt from the requirement to obtain a floodplain project permit:

(a)    Routine maintenance of landscaping that does not involve grading, excavation, or filling.

(b)    Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation, provided the applicant complies with SCC Chapter 14.24, Critical Areas Ordinance.

(c)    Normal maintenance of structures, such as re-roofing and replacing siding, provided such work does not require a building permit and does not qualify as a substantial improvement.

(d)    Normal maintenance of utilities and facilities, such as replacing downed power lines and repair or replacement of underground facilities; provided, that all native vegetation disturbed by the maintenance activity is restored; and provided further, that this exemption does not apply to new construction or to an expansion of utility facilities.

(e)    Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but does not include expansion of gravel or paved areas.

(f)    Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility.

(g)    Planting, harvesting, livestock management, and other normal farm or agricultural practices and activities, other than structures and filling for structural support; provided, that compliance with SCC Chapter 14.24, Critical Areas Ordinance, is met.

(h)    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 tidal estuaries in Skagit County. (Ord. O20250005 § 2 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

An application for a flood permit must include the following:

(1)    Vicinity map.

(2)    Description of the project.

(3)    Two copies of the site plans drawn to scale that demonstrate the location and dimensions of the property, existing or proposed structures, fill and/or excavations, storage of material, drainage facilities, suspected critical areas per SCC Chapter 14.24, and private or public utilities including sewage. The site plan must also include the following information:

(a)    The elevations and boundaries of the 10-, 50-, and 100-year floods, where such information is available.

(b)    The boundaries of both the SFHA as defined in SCC 14.34.050, and the protected review area as defined in SCC 14.34.055, where applicable.

(c)    Areas of compensatory storage per SCC 14.34.150(4), where applicable.

(4)    Floodproofing verification when required per SCC 14.34.140.

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

(6)    Where a permit is required for the repair, reconstruction or addition to any repetitive loss structure, such structure must meet the provisions of SCC 14.34.140, 14.34.160(1) and (3), and 14.34.170. Value for the structure must be demonstrated by the current tax assessed value or by private appraisal at the expense of the applicant. Construction costs must be demonstrated by a properly prepared construction bid from a currently licensed contractor or the valuation used by the Director for determining building permit fees.

(7)    Habitat impact assessment checklist or, if within the protected review area, a fish and wildlife habitat conservation area site assessment prepared consistent with SCC 14.24.520 and 14.34.220(1).

(8)    Notice on title pursuant to SCC 14.34.150(5).

(9)    The Director may require additional information when deemed necessary to determine the degree of flood protection required.

(10)    Permit fees must be paid at the time application is submitted as prescribed in the Department’s adopted fee schedule. The Skagit County Board of County Commissioners may waive, by resolution, all permit fees for the repair of flood damages incurred during a local, State or Federally declared disaster. To be eligible for a fee waiver, the permit applicant must provide access to the structure for the purposes of damage assessment by County personnel under the direction of the Director; or provide damage assessment reports prepared by the American Red Cross, FEMA, SBA, or a licensed insurance adjuster. The permit fee waiver applies only to that construction or repair that is necessary for restoration to pre-flood conditions. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

(1)    Duties of the Director or designee shall include but not be limited to:

(a)    Reviewing all project permits to determine that the permit requirements of this Chapter have been satisfied;

(b)    Reviewing all project permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required;

(c)    Reviewing all project permits to determine if the proposed development is located in the floodway and, if located in the floodway, assuring that the encroachment provisions of SCC 14.34.190(1) are met;

(d)    Maintain for public inspection all records pertaining to the provisions of this Chapter;

(e)    Submit reports as required for the National Flood Insurance Program.

(2)    Use of Other Base Flood Data.

(a)    When base flood elevation data has not been provided in accordance with SCC 14.34.050, the Director or designee shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer SCC 14.34.160, 14.34.170, 14.34.180 and 14.34.190.

(3)    Information to Be Obtained and Maintained. The Director shall obtain and maintain for public inspection:

(a)    Elevation certificates per SCC 14.34.140;

(b)    Floodproofing certificates per SCC 14.34.140;

(c)    Professional engineer’s or architect’s certification of compliance to design standards when required by this Chapter;

(d)    All records pertaining to the provisions of this Chapter.

(4)    Alteration of Watercourses. The Director or designee shall:

(a)    Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse when proposed and submit evidence of such notification to the Federal Insurance Administration;

(b)    Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(5)    Interpretation of FIRM Boundaries.

(a)    The Director or designee shall make interpretations where needed, as to approximate field location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in SCC 14.34.130. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

(1)    Appeals.

(a)    When it is alleged there is an error in any requirement, decision, or determination made by the Director in the enforcement or administration of this Chapter, those aggrieved, or any citizen, may appeal such decision as provided in Chapter 14.06 SCC (Permit Procedures).

(2)    Variances.

(a)    Requests for variances from the provisions of this Chapter must be considered pursuant to SCC Chapter 14.58 (Variances). There must be a showing of good and sufficient cause that failure to grant the variance would result in exceptional hardship to the applicant. Variances may only be issued upon a determination that the variance is the minimum necessary to afford relief of exceptional hardship.

(b)    Limitations. Variances shall be limited solely to the consideration of:

(i)    Elevation requirements for first floor construction;

(ii)    Elevation requirements for floodproofing; and

(iii)    The type and extent of required floodproofing.

(c)    A granting of any variance shall not result in:

(i)    Increased flood heights;

(ii)    Additional threats to public safety;

(iii)    Extraordinary public expense;

(iv)    Creation of nuisances;

(v)    Fraud on or victimization of the public;

(vi)    Conflicts with other existing local laws or ordinances;

(vii)    Adverse effects to species protected under the Endangered Species Act.

(d)    Notification. All decisions to grant a variance pursuant to this Chapter shall contain notification to the applicant that:

(i)    The issuance of a variance may result in increased premium rates for flood insurance.

(ii)    Construction below base flood elevation increases risks to life and property. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

Where new construction or substantial improvements of any residential, commercial, industrial or other nonresidential use structure is located in an area where base flood elevation data has been provided, the following provisions apply:

(1)    Responsibility. The proponent of a project shall provide required certification data to the Director. All elevation and floodproofing data specified must be certified by a professional land surveyor where the project is located within A1-A10, A12, A14, A16, A18, A21-A22, and all V zones.

(2)    Form. Elevation or floodproofing certificates shall be on forms as required by FEMA. Forms shall be available from the Director.

(3)    Minimum Information.

(a)    Actual elevation of the lowest floor (including basement).

(b)    Actual elevation to which the building has been floodproofed.

(4)    Alternate Methods. Where an alternate method of floodproofing nonresidential use structures is proposed, it shall be certified and demonstrated that flood damages will not occur.

(5)    Agricultural and Utility Buildings. Agricultural and utility buildings classified as U occupancies under the provisions of the currently adopted Building Code and constructed in accordance with the wet floodproofing standards of SCC 14.34.160(4) shall not require elevation certificates. (Ord. O20240005 § 1 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000)

In all areas of special flood hazard the following standards are required:

(1)    Siting of Structures. If a lot has a buildable site out of the SFHA, all new structures must be located in that area. If the lot is fully within the SFHA, structures must be located to have the least impact on habitat as possible by locating structures as far from the water body as possible or placing the structures on the highest ground on the lot. All new structures shall be set back from the protected review area a minimum of 15 feet, unless the applicant can demonstrate that the structure is not likely to adversely affect species protected under the Endangered Species Act, as demonstrated through the habitat impact assessment process set forth in SCC 14.34.220.

(2)    Stormwater. Construction in the SFHA shall incorporate low impact development techniques where technically feasible to minimize or avoid stormwater effects, such as those described in the Technical Guidance Manual for Puget Sound.

(3)    Impervious Surfaces. Creation of new impervious surfaces shall not exceed 10 percent of the surface area of the portion of the lot in the SFHA unless it is demonstrated that there will be no net increase in the rate and volume of stormwater surface runoff that will leave the site or that the impact is mitigated.

(4)    Floodplain Storage. Any loss of floodplain storage shall be avoided, rectified or compensated for within the SFHA.

(a)    Exception: Areas located landward of maintained levees subject to annual Corps of Engineers inspections, and not hydraulically connected to the source of flooding, need not provide compensatory storage.

(5)    Notice on Title. The applicant for a floodplain project permit shall record on the title to the property, on a form approved by the Director, a notice that a portion of the property is in the SFHA. A final recorded land division pursuant to Chapter 14.74 SCC shall include a notice that a portion of the property is in the SFHA.

(6)    Anchoring.

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

(b)    All manufactured homes must be placed on a permanent foundation and be anchored to prevent flotation, collapse or lateral movement, and shall be installed to minimize flood damage. Independent footings supporting manufactured homes shall be placed a minimum of 12 inches below pre-development grade before any fill is installed. Fill shall be protected from erosion.

(c)    All propane (LPG) and home heating oil tanks located above-ground shall be adequately supported and anchored to the ground in such a way that will prevent collapse, overturning, displacement or flotation resulting from floodwaters or waterborne debris.

(7)    Recreational Vehicles.

(a)    Recreational vehicles shall not be used as permanent dwelling units.

(b)    When located in special flood hazard areas designated as A, A1-A10, A12, A14, A16, A18, A21-A22, V1, V4, AO and AH, the vehicle shall:

(i)    Be on site for fewer than 180 consecutive days; or

(ii)    Be fully licensed and ready for highway use without the requirement for special highway permits, be on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions.

(8)    Construction Materials and Methods.

(a)    Where construction occurs below the BFE, all new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage including, but not limited to, studs and wall plates, wall sheathing, insulation, interior wall finishes, exterior wall finishes or siding, etc.

(b)    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c)    Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated to a level of one foot above base flood elevation or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Ducts that serve mechanical equipment shall be elevated and located so that the entire duct is at least one foot above the base flood elevation or located so as to prevent water from entering or accumulating within the ducts during conditions of flooding.

(d)    Buildings utilizing crawl space construction, where any portion of the crawl space is below the grade on all sides, shall meet the following requirements as excerpted from FEMA Technical Bulletin 11-01, which is hereby adopted by reference:

(i)    Crawl space construction is not permitted in V zones.

(ii)    Crawl space construction is not permitted in zones A0 and A1-A30 where velocities exceed five feet per second, unless it can be shown through engineering analysis that the structural components will resist flotation, collapse and lateral movement from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(iii)    The interior grade of a crawl space must not be more than two feet below the lowest adjacent exterior grade.

(iv)    The height of the crawl space, measured from the interior grade of the crawl space to the top of the foundation wall, must not exceed four feet at any point. The height measured from the crawl space grade to the top of the next higher floor shall not exceed five feet at any point.

(v)    There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space, within a reasonable time, after a flood event.

(9)    Utilities.

(a)    All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;

(b)    New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;

(c)    On-site disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(10)    Subdivision Proposals.

(a)    All subdivision proposals shall be consistent with the need to minimize flood damage;

(b)    All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(c)    All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(d)    Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be provided by the proponent, generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less.

(e)    The final recorded land division pursuant to Chapter 14.74 SCC shall include a notice that part of the property is in the SFHA.

(11)    Review of Building Permits.

(a)    Where flood elevation data is not available, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. (Ord. O20240005 § 1 (Exh. A); Ord. O20200003 (Att. A); Ord. O20120005; Ord. O20110008 (part): Ord. O20070002 (part): Ord. O20020010 (part); Ord. O20020003 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.34.160)

In all areas of special flood hazard where base flood elevation data has been provided as set forth in SCC 14.34.050 or 14.34.120(2), the following provisions are required in addition to the general regulations per SCC 14.34.150:

(1)    Residential Construction.

(a)    New construction and substantial improvement of any residential structure shall have the finished floor elevation of the lowest floor elevated one foot or more above the base flood elevation. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited from occupancy and shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect licensed in the State of Washington or must meet or exceed the following minimum criteria:

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

(ii)    The bottom of all openings shall be no higher than one foot above finished grade.

(iii)    Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

(2)    All new or substantially improved manufactured homes to be placed or substantially improved within flood hazard zones where base flood elevation data is provided shall be elevated on a permanent foundation such that finished floor elevation of the lowest floor of the manufactured home is one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of SCC 14.34.150(6)(b).

(3)    Nonresidential Construction.

(a)    New construction and substantial improvements of any commercial, industrial or other nonresidential use structure shall either have the finished floor elevation of the lowest floor elevated one foot or more above the base flood elevation or, together with attendant utility and sanitary facilities, shall:

(i)    Be floodproofed so that below one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water.

(ii)    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(iii)    Be certified by a registered professional engineer or architect licensed in the State of Washington that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this Subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in SCC 14.34.140.

(iv)    Nonresidential use structures that are elevated, not floodproofed, must meet the standards for space below the lowest floor as set forth in Subsection (1) of this Section.

(v)    Applicants floodproofing nonresidential use buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).

(4)    Wet Floodproofing Standards for Agricultural and Utility Use Structures.

(a)    New construction or substantial improvements of any agricultural building or utility use structure, when not meeting floodproofing or elevation requirements of Subsection (3) of this Section, must:

(i)    Not be used for human habitation.

(ii)    Be anchored to prevent flotation, collapse or lateral movement.

(iii)    Use flood-resistant materials below the BFE.

(iv)    Be limited to parking and limited storage.

(v)    Have a low potential for structural damage from inundation, scouring, velocities or debris impact.

(vi)    Be designed and oriented to automatically allow the free passage of floodwater through the structure in a manner affording minimum damage to the structure or its contents.

(vii)    All electrical and mechanical equipment permanently affixed to the structure is elevated one foot above base flood elevation; or be made waterproof by accepted systems to the appropriate code.

(viii)    When valuation of the structure exceeds $50,000, the provisions in Subsections (4)(a)(i), (ii) and (iii) of this Section shall be verified by a currently registered professional engineer or architect licensed in the State of Washington. The valuation used shall be that currently used by the Director for determining building permit fees.

(5)    Critical facilities should be afforded additional flood protection due to their nature. Construction of new critical facilities should be, to the extent possible, located outside the limits of the 100-year floodplain as identified on the County’s FIRM. Construction of new critical facilities may be permissible within the 100-year frequency floodplain if no feasible alternative site is available. When allowed, critical facilities constructed within the 100-year frequency floodplain shall have the lowest floor elevated to three or more feet above the level of the 100-year frequency flood. Floodproofing and sealing measures shall be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the 100-year frequency flood shall be provided to all critical facilities to the extent possible. (Ord. O20250005 § 2 (Exh. A); Ord. O20240005 § 1 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.34.170)

Shallow flooding zones (AO Zones) appear on the Flood Insurance Rate Maps with flood depth designations from one to three feet above ground and in some areas with water velocities indicated. In these areas, the following provisions apply:

(1)    New construction and substantial improvements of residential structures within AO Zones shall have the lowest floor elevated above the highest adjacent grade of the building site, and at least one foot or more above the flood depth number specified on the Flood Insurance Rate Map (FIRM).

(2)    Where velocities of five feet per second or greater are listed in an AO Zone, new structures within 500 feet of the outside toe of any dike shall be constructed to the following standards in addition to those listed in Subsection (1) of this Section:

(a)    All buildings or structures shall be elevated so that the lowest horizontal supporting members are located no lower than one foot or more above the base flood elevation level. All space below such supporting members shall remain open so as not to impede the flow of water. Exception: breakaway walls provided for in Subsection (2)(e) of this Section may be used.

(b)    All buildings or structures shall be securely anchored on pilings or columns.

(c)    Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the base flood flow.

(d)    Structural fill shall be allowed below the level of the existing grade only and shall be designed by and installed under the direction of a registered professional engineer or architect licensed in the State of Washington.

(e)    Breakaway walls shall be allowed below the base flood elevation.

(f)    Compliance with the provisions of Subsections (2)(c) and (e) of this Section shall be certified by a registered professional engineer or architect.

(3)    Where velocities of five feet per second or greater are listed in an AO Zone, new structures less than 500 feet from the outside toe of any dike shall not be constructed with a crawl space below the BFE unless it can be shown through engineering analysis that the structural components are capable of resisting the effects of buoyancy as well as hydrostatic and hydrodynamic loads.

(4)    New construction and substantial improvements of nonresidential (commercial and industrial) structures within AO Zones shall:

(a)    Have the lowest floor elevated above the highest adjacent grade of the building site, and at least one foot or more above the depth number specified on the FIRM; or

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

(5)    If located in an AO Zone with water velocities of five feet per second or greater, or within 200 feet from the outside toe of a dike, nonresidential buildings shall be constructed to the standards of Subsections (2)(a) through (f) of this Section.

(6)    Require adequate drainage paths around structures on slopes to guide floodwater around and away from proposed structures. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.34.180)

The following construction standards are required in special flood risk zones, defined as an area within the 100-year floodplain, lying between the landward toe of the dikes and levees along the Skagit River and a line 500 feet landward thereof.

(1)    New construction and substantial improvements of residential and nonresidential structures within special flood risk zones must have the lowest horizontal supporting member elevated one foot or more above the base flood elevation and must be constructed according to the standards provided in SCC 14.34.170(2)(a) through (2)(f).

(2)    Regardless of method of construction, critical facilities are prohibited in the special flood risk zones.

(3)    There must be no fill or new construction within the channel of Gages Slough. (Ord. O20250005 § 2 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.34.190)

Located within areas of special flood hazard established in SCC 14.34.050 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwater that carries debris, potential projectiles, and erosion potential, the following provisions apply:

(1)    Prohibit encroachments including fill, new construction, substantial improvements, and other development, unless certification by a registered professional engineer licensed in the State of Washington is provided demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice as well as the “Procedures for No-Rise Certification” as published by FEMA, that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. Additionally, Skagit County reserves the right to have this analysis reviewed by a qualified third party to be selected by the County. The cost of such review, if any, shall be the responsibility of the applicant.

(2)    Prohibit construction or reconstruction, repair or replacement of residential structures except for:

(a)    Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area provided the cost of such reconstruction, repair, or improvement shall be calculated cumulatively with any other activity occurring during the previous 10 years and the total of all improvements or repairs shall not exceed 50 percent of the market value of the structure as established in the first year of the 10-year period.

(b)    Repair of a structure subsequent to sustaining damage of any origin when the cost of restoring the structure to its pre-damaged condition as calculated cumulatively with any other activity occurring during the previous 10 years and the total of all improvements or repairs shall not exceed 50 percent of the market value of the structure as established in the first year of the 10-year period and prior to the damage.

(i)    Work done on structures to comply with existing health, sanitary, or safety codes when determined by the Director, or to structures identified as historic places, may be excluded in the 50 percent determination.

(c)    Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and which are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170 shall be permitted subject to the following. For the purposes of this Section, “farmhouse” means a single-family dwelling located on a farm site within Agricultural Natural Resource Lands, as identified in Skagit County’s Comprehensive Plan, where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner.

(i)    The new farmhouse is a replacement for an existing farmhouse on the same farm site;

(ii)    There is no potential building site for a replacement farmhouse on the same farm outside the designated floodway;

(iii)    Repairs, reconstruction, or improvements for a farmhouse shall not increase the total square footage of encroachment of the existing farmhouse;

(iv)    A replacement farmhouse shall not exceed the total square footage of the encroachment of the structure it is replacing;

(v)    A farmhouse being replaced shall be removed, in its entirety, including foundation, from the floodway within 90 days after occupancy of a new farmhouse;

(vi)    For substantial improvements, and replacement farmhouses, the elevation of the lowest floor of the improvement and farmhouse respectively, including basement, is one foot higher than the base flood elevation;

(vii)    New and replacement water supply systems are designed to eliminate or minimize infiltration of floodwaters into the system;

(viii)    New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of floodwater into the system and discharge from the system into the floodwaters; and

(ix)    All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage.

(3)    For all other residential structures located in a designated floodway and damaged by flooding or flood-related erosion, the Department of Ecology is authorized to assess the risk of harm to life and property posed by the specific conditions of the floodway and, based upon scientific analysis of depth, velocity, and flood-related erosion, may exercise best professional judgment in recommending to the Skagit County Building Official, repair, replacement, or relocation of such damaged structures. The effect of the Department’s recommendation to allow repair or replacement of a flood-damaged residence within the designated floodway is a waiver of the floodway prohibition.

(4)    Recreational vehicles placed in the floodway shall meet the following requirements:

(a)    Be fully licensed and ready for highway use without the requirement for special highway permits, be towable by a regular duty truck without the requirement for special licenses, be on its wheels or jacking system, and have no permanently attached additions.

(b)    Shall not be placed in the floodway from November through April of any calendar year.

(i)    Exception. Recreational vehicles are allowed to be placed for weekend and holiday use for a period not to exceed 14 days.

(5)    Water wells shall not be installed in the floodway, except as provided for in RCW 86.16.041.

(6)    All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of SCC 14.34.150 through 14.34.200. (Ord. O20240005 § 1 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20090011 Attch. 2 (part); Ord. O20070002 (part): Ord. O20020010 (part); Ord. O20020003 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.34.200)

In areas where a regulatory floodway has not been designated, the cumulative effect of any proposed development, where combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. O20020010 (part); Ord. O20020003 (part); Ord. 17938 Attch. F (part), 2000. Formerly 14.34.210)

In addition to the requirements of this Section, development and construction must also comply with flood requirements specified in the applicable building code, including V-Zone construction methods for projects located in Coastal A Zones. See the International Residential Code R322 or the International Building Code 1612.

Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established in SCC 14.34.050. Coastal high hazard areas (V Zones) have special flood hazards associated with high velocity waters and tidal surges, and, therefore, the following provisions shall apply in these areas:

(1)    All new construction and substantial improvements in Zones V1-V4 shall be elevated on pilings and columns so that:

(a)    The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level; and

(b)    The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval); a registered professional engineer or architect shall develop or review the structural design in accordance with the most recent edition of the Coastal Construction Manual as published by FEMA, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Subsection (1)(a) of this Section. Skagit County reserves the right to have this analysis reviewed by a qualified third party to be selected by the County. The cost of such review, if any, shall be the responsibility of the applicant.

(2)    Obtain the elevation in relation to NGVD ’29 of the bottom of the lowest horizontal structural member of the lowest floor of all new and substantially improved structures in Zones V1-V4 and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information.

(3)    All new construction shall be located landward of the reach of extreme high tide.

(4)    Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this Section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot, either by design or when so required by local or State codes, may be permitted only if a registered professional engineer or architect licensed in the State of Washington certifies that the designs proposed meet the following conditions:

(a)    Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

(b)    The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

(5)    If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation.

(6)    Prohibit the use of fill for structural support of the building.

(7)    Prohibit manmade alterations to the natural landscape, which would increase potential flood damage. (Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.34.220)

(1)    Habitat Impact Assessment. Unless exempted pursuant to Subsection (2) of this Section, a floodplain project permit application shall include an assessment of the impact of the project on water quality and aquatic and riparian habitat of salmon and orca species protected under the Endangered Species Act. The process for meeting this assessment requirement is as follows:

(a)    If the proposed development is within the protected review area, as defined in SCC 14.34.055, a fish and wildlife habitat conservation area (FWHCA) site assessment will be required pursuant to SCC 14.24.520. If the proposed development is not within the protected review area, but within the SFHA, the applicant shall submit a SFHA habitat impact assessment checklist to determine whether a FWHCA site assessment pursuant to SCC 14.24.520 is required. This checklist will evaluate habitat functions and values present on-site and the potential impacts to these functions and values based on the project description. Department staff will determine whether an FWHCA site assessment is necessary based on review of a completed checklist.

(b)    In lieu of an FWHCA site assessment or SFHA habitat impact assessment checklist pursuant to Subsection (1)(a) of this Section, the applicant may comply with the habitat impact assessment requirements of this Section by providing one of the following:

(i)    A biological evaluation or assessment covering protected salmon and orca species that has been approved by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service.

(ii)    Documentation that the appropriate State or Federal agency has determined that the activity fits within a habitat conservation plan covering protected salmon and orca species approved pursuant to Section 10 of the Endangered Species Act (ESA).

(iii)    Documentation that the appropriate State or Federal agency has determined that the activity fits within Section 4(d) of the ESA relating to protected salmon and orca species.

(2)    Exemptions from Habitat Impact Assessments. The following activities are exempt from the requirement to provide a habitat impact assessment or habitat mitigation plan; however, an exemption from the assessment requirements of this Chapter does not exempt an applicant from complying with the provisions of Chapter 14.24 SCC, Critical Areas Ordinance.

(a)    Repairs or remodeling of an existing structure; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage.

(b)    Expansion of an existing structure that is no greater than 200 square feet or 10 percent, whichever is greater, beyond its existing footprint; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage. This measurement is counted cumulatively from the effective date of the ordinance codified in this Chapter.

(c)    Activities with the sole purpose of creating, restoring or enhancing natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet Federal and State standards, provided the activities do not include structures, grading, fill, or impervious surfaces.

(d)    Development of open space and recreational facilities, such as parks and trails, that do not include structures, grading, fill, impervious surfaces or removal of more than five percent of the native vegetation on that portion of the property in the regulatory floodplain.

(3)    Habitat Mitigation Plan. If the assessment conducted under Subsection (1) of this Section concludes that the project is expected to have an adverse effect on water quality and/or aquatic or riparian habitat or habitat functions associated with species protected under the Endangered Species Act, the applicant shall provide a plan to mitigate those impacts, in accordance with Chapter 14.24 SCC, Critical Areas Ordinance.

(4)    Final approval of the project or occupancy approval shall not be provided until all work identified in the evaluation, assessment, or mitigation plan has been completed and implemented or the applicant has provided the necessary assurance that any unfinished portions of the project will be completed. (Ord. O20240005 § 1 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part))

For the purposes of providing livestock flood sanctuary areas, critter pads are permitted in any special flood hazard area except when located within the regulatory floodway. Construction of such pads must be consistent with the specifications in this Section.

(1)    Site Selection.

(a)    Property must be located in the 100-year floodplain and conveniently located within an established farmland that contains domestic livestock.

(b)    Portions of the property used as livestock pasture must be located in the 100-year floodplain as identified on the official Flood Insurance Rate Map (FIRM) for Skagit County. Construction is not permitted in the regulatory floodway.

(c)    No portion of the pad may be allowed within 100 feet of the top of a riverbank or within a wetland area as defined by SCC Chapter 14.24. Less than a 100-foot setback may be allowed if mitigation is performed which provides an equivalent or greater vegetative buffer along the river or stream corridor.

(d)    The pad must be located on the property away from areas of high velocity flows so as to minimize impacts to the site, upstream and downstream properties, and natural resources.

(e)    No pad may be located nearer than half the height of the pad (H/2) to any property line. No portion of the pad may abut any property line. Setback distances from all property lines must be measured at right angles from the property line to the toe of the pad.

(2)    Site Preparation.

(a)    Erosion control must be established around the perimeter of the work site per SCC Chapter 14.32.

(b)    The foundation area of the pad must be stripped of existing surface vegetation to a minimum depth of four inches and stockpiled on site. If this material is to be stockpiled for more than 24 hours, it must be covered or stabilized using erosion control methods. This material must be replaced on the surface of the pad when revegetated and reseeded.

(3)    Soil Material for Pad.

(a)    Soil may be extracted from nonsensitive areas on site; it must not be taken from wetlands or other sensitive areas other than frequently flooded areas.

(b)    Detrimental amounts of organic material are not permitted in fills. Imported fill material must be obtained from an approved or permitted site.

(4)    Placement of Fill.

(a)    The maximum soil layer thickness (lift) prior to compaction shall not exceed two feet.

(b)    Compaction may be performed by the routing back and forth of construction equipment.

(5)    Pad Surfacing.

(a)    Disturbed areas of soil on the upper surface of the pad must be reseeded with a mixture of perennial ryegrass and creeping fescue or other plant material.

(b)    Side slopes must be no steeper than two horizontal to one vertical (2:1).

(c)    Side slopes must be protected by placing erosion control fabric, reseeding, and planting native woody vegetation in accordance with biotechnical bank stabilization techniques described in the construction specifications.

(d)    Newly planted vegetation used for side slope stabilization may require temporary fencing along the length of the toe of the slope until such time as the vegetation has established itself.

(e)    The surface of the pad must be compacted soil and low grasses. A straw covering must be spread over the surface prior to intended use. The straw and manure collected on the surface during the emergency use must be removed and treated as animal waste following the flood event.

(f)    Ramp slopes must be no steeper than eight horizontal to one vertical (8:1).

(g)    The ramp may be constructed of concrete, wood or earth material. The upper surface of the pad area must be enclosed by a fence.

(6)    Size Limitations.

(a)    The maximum size of the pad must not exceed 50 square feet per animal unit (1,000 pounds) plus the area created by adding 14 feet of width along two sides to be used for farm vehicle access.

(b)    The width of the pad as measured perpendicular to the flooding source (river, stream or lake) must not exceed 15 percent of the total floodplain width of the property.

(7)    Agreements.

(a)    Any application for the construction of a critter pad must include written legal agreements between Skagit County and the applicant that provide for the following:

(i)    Construction and maintenance of the pad must be performed according to best management practices.

(ii)    Applicants accept the flood impacts and new delineation of floodway/floodplain that may occur as a result of construction of such pad.

(iii)    The construction of buildings or structures on the pad for use other than livestock shelter is prohibited. Livestock shelters may be permitted only through the Planning and Development Services permit process.

(b)    When agricultural land containing critter pads is to be converted to any non-AG use, the County must require that all critter pads be removed. As a condition of a land use conversion from agriculture use, all critter pad material must be removed and the pad area restored to its previous ground level. An inspection and sign-off by a County Building Official is required before any building permits are issued for the portion of the property that formerly contained the critter pad.

(8)    Permit Application. In addition to the Planning and Development Services special flood hazard area project permit application, any applicant proposing the construction of a critter pad must also provide the following information:

(a)    Site plan indicating the location of property lines, total square foot area of existing buildings, total square foot area of land within property lines, proposed square foot area of the pad, proposed location of the pad in reference to property lines, identified sensitive areas (critical areas) and any ground elevation reference marks.

(b)    Description or type of farming activity. Number and type of livestock.

(c)    Identify amount, type and source of fill material to be used and whether it is obtained on or off site.

(d)    Construction schedule and methods including erosion control methods to be used during construction.

(e)    Completed design specifications per this Chapter.

(f)    Any signed legal agreements required per this Chapter.

(9)    Approval to Start Construction.

(a)    The construction of any critter pad must not commence until such time as the Director finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Chapter and other pertinent laws and ordinances and that the fees required for the permit have been paid.

(b)    The Director must inspect construction for which a permit is issued. The person causing the work to be done must notify the Director in writing or by telephone when such permitted work is ready for inspection. It is the duty of the permit applicant to cause the work to remain accessible and exposed for inspection.

(10)    Inspections Required.

(a)    After removal of the topsoil and prior to fill material being placed.

(b)    During or after the placement of erosion control devices.

(c)    After final completion and prior to using.

(11)    Design Specifications. The following information is intended to assist the designer with meeting the dimensional requirements for the construction of a critter pad:

(a)    Height (h): Base flood elevation is considered minimum height. Recommended height is one foot above base flood elevation.

(b)    Net Area (An): The net area (An) is a product of the width perpendicular to flood flow (Wp) and the length parallel to the flood flow (Lp). The net area should be no greater than 50 square feet per animal unit (1,000 pounds). An additional area no greater than 25 percent of the calculated area will be allowed in order to accommodate herd growth.

(c)    Gross Area (Ag): The gross area is the product of (Wp + 14 feet) and (Lp + 14 feet). A strip no greater than 14 feet wide will be permitted along one length and one width in order to provide vehicle access.

(d)    Side Slopes (Z): Side slopes for fill should be 2:1 or greater.

(e)    Base Area (Ab): The base area is the product of the base width (Wb) and base length (Lb) or the total footprint of the pad at grade. This area should equal the sum of the gross area (Ag) plus the horizontal area of the side slopes and should not exceed two percent of the total area (At).

(f)    Floodplain width covered by pad (FWp): The width of floodplain covered by the pad should be less than 15 percent of the total floodplain width (FWt) of the property.

(g)    Ramp Length (Rl): The ramp length should not exceed 500 feet and should have a minimum slope of 8:1. If the ramp is constructed on fill, it should run parallel to flood flow. If the ramp is built using piling construction, it may be built either parallel or perpendicular to flow.

(h)    Ramp Width (RW): The width of the ramp should be no greater than 18 feet.

(i)    Total Area (At): The total area is the area that is occupied by all structures or improvements (including pad) on the entire property. The total area must not exceed five percent of the area of the property.

(j)    Distance (D): The shortest distance from the base of the pad to an adjacent river, stream, lake or property line. (Ord. O20250005 § 2 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070002 (part): Ord. 17938 Attch. F (part), 2000. Formerly 14.34.220)

(1)    If any section, clause, sentence, or phrase of this Chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Chapter. (Ord. O20200003 (Att. A))

Repealed by Ord. O20250005. (Ord. O20240005 § 1 (Exh. A); Ord. O20200003 (Att. A); Ord. O20110008 (part): Ord. O20070009 (part); Ord. O20070002 (part))

This Section applies to land, uses, and activities within the following natural resource land zones:

(1)    Agricultural—Natural Resource Land (Ag-NRL);

(2)    Secondary Forest—Natural Resource Land (SF-NRL);

(3)    Industrial Forest—Natural Resource Land (IF-NRL);

(4)    Mineral Resource Overlay (MRO);

(5)    Rural Resource—Natural Resource Land (RRc-NRL). (Ord. O20250005 § 2 (Exh. A))

(1)    It is the declared policy of this County to enhance and encourage natural resource land management within the County. It is the further intent of this County to provide to the residents of this County proper notification of the County’s recognition and support through this Chapter of the right of those persons and entities to manage natural resource lands.

(2)    State planning goals encourage the conservation of productive natural resource lands and discourage incompatible uses. This goal can be fulfilled by assuring that the use of lands adjacent to natural resource lands do not interfere with the continued use, in the accustomed manner, for the production of food and agricultural products, timber, and extraction of minerals. (Ord. O20250005 § 2 (Exh. A))

(1)    Where non-natural resource lands uses extend into natural resource areas or exist side-by-side, natural resource management operations are frequently the subjects of nuisance complaints and on occasion have been forced to cease or curtail operations. Such nuisance complaints discourage investments in natural resource lands improvements to the detriment of adjacent natural resource lands uses and the economic viability of the County’s natural resource lands industry as a whole. It is the purpose and intent of this Chapter to reduce the loss to the County of its natural resource lands by limiting and defining the circumstances under which natural resource lands management operations may be considered a nuisance. This Chapter is not to be construed as in any way modifying or abridging County, State or Federal laws; rather it is only to be utilized in the interpretation and enforcement of the provisions of this Code and County regulations.

(2)    An additional purpose of this Chapter is to promote a good neighbor policy between natural resource lands and non-natural resource land property owners by advising purchasers and users of property adjacent to or near natural resource land management operations of the inherent potential problems associated with such purchase or residence, including, but not limited to, the use of chemicals; or from spraying, pruning, harvesting, or mineral extraction with associated activities, which occasionally generates traffic, dust, smoke, noise, odor and the hours of operation that may accompany natural resource land management operations. It is intended that through mandatory disclosures purchasers and users will better understand the impact of living near natural resource lands and be prepared to accept attendant conditions as the natural result of living in or near natural resource lands and rural areas.

(3)    An additional purpose of this Chapter is to provide notice, through a disclosure statement, of the potential incompatibilities, inconveniences and discomforts that may arise from natural resource land management activities. (Ord. O20250005 § 2 (Exh. A))

No land-based natural resource land management activity, operation, facility, or appurtenances thereof, when conducted or maintained in any of the natural resource zones identified in SCC 14.38.010 for commercial purposes, and in a manner consistent with current best management practices, not superseding local, State, or Federal regulations, is or may be considered a nuisance as defined in SCC Chapter 14.04, regardless of past or future changes in the surrounding area’s land use or zone. (Ord. O20250005 § 2 (Exh. A))

(1)    Applicability. This Section applies to any application for a project permit involving a project on or within 500 feet of property within a zone identified in SCC 14.38.010.

(2)    The applicant for the project permit must record the title notice described in this Section against the property that is the subject of the application.

(3)    The title notice must be prepared on forms provided by the Department, be signed by the property owner, and include the following language:

This parcel lies within an area or is within 500 feet of an area designated as a natural resource land (agricultural, forest, and mineral resource lands of long-term commercial significance) in Skagit County. A variety of natural resource land commercial activities occur or may occur in the area that may not be compatible with non-resource uses and may be inconvenient or cause discomfort to area residents. This may arise from the use of chemicals; or from spraying, pruning, harvesting, or mineral extraction with associated activities, which occasionally generates traffic, dust, smoke, noise, and odor. Skagit County has established natural resource management operations as a priority use on designated natural resource lands, and area residents should be prepared to accept such incompatibilities, inconveniences, or discomfort from normal, necessary natural resource land operations when performed in compliance with best management practices and local, state, and federal law. In the case of mineral lands, application might be made for mining-related activities including extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals. In addition, greater setbacks than typical may be required from the resource area, consistent with SCC 14.28.060. Contact Skagit County Planning and Development Services for details.

(Ord. O20250005 § 2 (Exh. A))

(1)    Applicability. This Section applies to a lot that is outside of and abutting any of the zones identified in SCC 14.38.010.

(2)    A lot to which this Section applies:

(a)    Must observe a minimum building setback of 200 feet from the adjoining natural resource land zone; or

(b)    The property owner must acknowledge in writing the possible occurrence of agricultural, forestry, or mining activity on the adjacent property and waive, in writing, for all current and future owners, any claim for damages that may occur to the building or occupants because of such activities which are conducted in accordance with applicable State regulations, and records the acknowledgment and waiver with the County Auditor.

(3)    In the case of Agricultural-NRL and Industrial Forest-NRL lands, the acknowledgment in Subsection (2)(b) of this Section must also be approved by the owner of the adjacent NRL lands.

(a)    For Ag-NRL lands, if approval of the adjacent landowner cannot be obtained, the Department may reduce the setback if it meets the variance criteria in SCC Chapter 14.58.

(b)    For Industrial Forest-NRL lands, if approval of the adjacent landowner cannot be obtained, a Hearing Examiner variance is required to reduce the setback. (Ord. O20250005 § 2 (Exh. A))

(1)    Applicability. This Section applies to any transfer of real property by sale, exchange, gift, real estate contract, lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, or any other means when the real property is located:

(a)    Within one mile of land zoned Agriculture Natural Resource Land (Ag-NRL), or

(b)    Within one-quarter mile of land zoned Industrial Forest—Natural Resource Land (IF-NRL), Secondary Forest—Natural Resource Land (SF-NRL), or Rural Resource—Natural Resource Land (RRc-NRL), or Mineral Resource Overlay (MRO).

(2)    Upon a transfer identified in this Section, the buyer must record with the County Auditor a statement containing the following language in conjunction with the deed conveying the real property:

This property may be designated or may be within 1 mile of designated agricultural land or designated or within 1/4 mile of rural resource, forest, or mineral resource lands of long-term commercial significance in Skagit County. A variety of natural resource land commercial activities occur or may occur in the area that may not be compatible with non-resource uses and may be inconvenient or cause discomfort to area residents. This may arise from the use of chemicals; or from spraying, pruning, harvesting or mineral extraction with associated activities, which occasionally generates traffic, dust, smoke, noise, and odor. Skagit County has established natural resource management operations as a priority use on designated natural resource lands, and area residents should be prepared to accept such incompatibilities, inconveniences or discomfort from normal, necessary natural resource land operations when performed in compliance with Best Management Practices and local, state, and federal law.

In the case of mineral lands, application might be made for mining-related activities including extraction, washing, crushing, stockpiling, blasting, transporting and recycling of minerals. If you are adjacent to designated natural resource lands, you will have setback requirements from designated natural resource lands.

(Ord. O20250005 § 2 (Exh. A))