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Snohomish City Zoning Code

CHAPTER 14

275 Geologically Hazardous Areas

14.275.010 Purpose and Applicability.

A. Purpose and Intent. The purpose of this chapter is to provide regulations for the protection of public health, safety, and welfare pursuant to the Growth Management Act (Chapter 36.70A RCW) in geologically hazardous areas, including: erosion hazard, landslide hazard, seismic hazard, volcanic hazard, tsunami hazard areas, and areas subject to other geological events such as coal mine hazards, mass wasting, debris flows, rock falls, and differential settlement. The intent is to provide the required protection under Chapter 36.70A RCW while also protecting property rights. Geologically hazardous areas susceptible to erosion, sliding, earthquake, or other geological events pose a threat to public health and safety when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk but may also increase the hazard to surrounding development and uses. This chapter shall be construed and interpreted so that property rights and use of property will be restricted no further than strictly necessary for the critical area protection required under Chapter 36.70A RCW.

B. Applicability. Unless otherwise exempt pursuant to SMC 14.275.050, this chapter applies to applications for development, including but not necessarily limited to the following:

1. Subdivision.

2. Short subdivision.

3. Planned residential development (PRD).

4. Unit lot subdivision (ULS).

5. Site development plan (SDP).

6. Shoreline substantial development permit.

7. Building permit.

8. Site civil construction permit, including clearing and grading. (Ord. 2533, 2025)

14.275.020 Designation and Classification.

A. Designation of Geologically Hazardous Areas. Mapping resources referenced in this section are advisory only and are subject to geotechnical evaluation by a qualified geotechnical professional. Final designations shall be based on site conditions and other available data. Areas susceptible to one or more of the following types of hazards shall be designated as geologically hazardous areas:

1. Erosion hazard areas.

2. Landslide hazard areas.

3. Seismic hazard areas.

4. Volcanic hazard areas.

5. Tsunami hazard areas.

6. Areas subject to other geological events such as coal mine hazards, including: mass wasting, debris flows, rock falls, and differential settlement.

B. Specific Hazard Areas.

1. Erosion Hazard Areas. Areas containing soils which, according to the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) Soil Survey Program, may experience significant erosion, and include channel migration zones. Erosion hazard areas are likely to become unstable, such as bluffs, areas where sloped conditions exceed 33 percent, and areas with unconsolidated soils. The erosion hazard potential is based on the on-site soil conditions.

a. Soil erosion areas are prone to the detachment and movement of soil due to wind, water, or human activity, potentially leading to land degradation and increased sedimentation.

b. Severe or very severe erosion hazard areas are identified by the 1983 U.S. Department of Agriculture (USDA) Soil Conservation Service Soil Survey of Snohomish County Area, Washington.

c. Bank erosion areas are subject to regression or retreat, where the natural erosion of river or stream banks poses a risk to adjacent land or infrastructure, often exacerbated by flooding or human disturbance. Bank erosion areas are areas along lakes, streams, and rivers that are subject to regression or retreat due to lacustrine or fluvial processes and adjacent land within 100 feet.

2. Landslide Hazard Areas. Those areas in the City of Snohomish potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. These areas are typically susceptible to landslides because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, groundwater, or other factors. Landslide hazard areas include the following:

a. Areas of historic failures, such as:

i. Areas delineated by the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) as having a significant limitation for building site development.

ii. Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the U.S. Geological Survey (USGS) or the Washington Department of Natural Resources (DNR).

iii. Areas identified by a qualified geotechnical engineer;

b. Areas with all three of the following characteristics:

i. Slopes steeper than 33 percent;

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

iii. Springs or groundwater seepage;

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

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

e. Slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking;

f. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones;

g. Areas located in a canyon or an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and

h. Areas with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of bedrock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.

3. Seismic Hazard Areas. Areas determined to have susceptibility to liquefaction, surface rupture, seismically induced landslides, or lateral spreading as determined by a geotechnical investigation, or mapped as moderate to high and high liquefaction susceptibility and peat deposits.

a. Liquefaction Hazard Areas. Areas with low to moderate, moderate, moderate to high, or higher liquefaction susceptibility or peat deposits as indicated on liquefaction susceptibility maps from the DNR Geologic Information Portal as revised or superseded. Settlement and liquefaction conditions occur in conditions underlain by cohesionless soils of low density, typically in association with a shallow groundwater table.

b. Fault Rupture Hazard Areas. Potential fault rupture hazard areas are faults identified by the DNR Geologic Information Portal “Seismogenic Folds, Known or Suspected” and “Active Faults, Known or Suspected” layers; USGS, on geologic maps available from the Washington Geological Survey, Snohomish County Maps Online, or identified from other available data or in the field by a qualified geotechnical professional and adjacent areas within 100 feet.

4. Other Geologically Hazardous Areas.

a. Volcanic Hazard Areas. Areas subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity on maps published by the U.S. Geological Survey (USGS) or the Washington Department of Natural Resources (DNR).

b. Tsunami Hazard Areas. A type of seismic hazard area, on maps published by the U.S. Geological Survey (USGS) or the Department of Natural Resources (DNR).

c. Areas subject to other geological events such as coal mine hazards, including: mass wasting, debris flows, rock falls, and differential settlement.

C. Mapping. The Department will verify the presence of geologically hazardous areas on a proposed development site on a case-by-case basis using information provided by project proponents in the application materials. Specific criteria for designation of geologically hazardous areas are contained in this chapter. While the City maintains some maps of geologically hazardous areas, they are for informational purposes only and may not accurately represent all such areas. (Ord. 2533, 2025)

14.275.030 Submittal Requirements.

The submittal requirements of this section shall be in addition to the requirements of Chapter 14.255 SMC, if applicable.

A. Site Plan Requirements. All applications subject to this chapter shall be required to submit a site plan of the proposed development. The site plan required pursuant to this chapter may be combined with the land use or building permit application materials, as long as all submittal requirements are met. The site plan shall be drawn to a standard engineering scale and include the following elements:

1. Boundary lines and dimensions of the property.

2. Boundary lines and dimensions of the development site.

3. Contour lines at topographic intervals of two feet.

4. Location and use of all existing improvements on the site, including size, dimensions, and type. Improvements include any structures, impervious surfaces, or other previous development activities.

5. All proposed development activities and uses on the site, including location, size, dimensions, and type.

6. Location of all geologically hazardous areas on and within 200 feet of the site, to the extent possible.

7. Location of all other regulated critical areas pursuant to this title on and adjacent to the project site.

8. All structural setbacks required pursuant to Chapter 14.210 SMC.

B. When a Critical Areas Geotechnical Report Is Required. A critical areas geotechnical report shall be required for any development application, activity, or action proposed within:

1. An erosion hazard area.

2. A landslide hazard area.

3. A seismic hazard area.

4. Areas of volcanic or tsunami risk, or areas subject to other geological events pursuant to SMC 14.275.020(A)(6).

C. Critical Areas Geotechnical Report Requirements. The critical areas geotechnical report shall be prepared, stamped, and signed by a qualified geotechnical professional licensed in Washington State and shall contain the following information relevant to the geologically hazardous area. The report shall include a summary or abstract of the project area and proposal. The abstract shall at a minimum include the type of hazard, extent of the hazard, hazard analysis and geologic conditions. The report shall include the following information:

1. Detailed review of field investigations, published data and references, data and conclusions from past geologic studies or investigations, site-specific measurements, tests, investigations or studies, and the methods of data analysis and calculations that support the results, conclusions, and recommendations.

2. Identification of any hazard area indicators that were found on site for the hazards of: soil erosion, severe or very severe erosion, bank erosion, landslide, liquefaction, or fault rupture areas and on or adjacent to the project site.

3. A description of the surface and subsurface geology, hydrology, drainage patterns, soils, and vegetation for the hazards of: liquefaction or dynamic settlement, ground shaking amplification, fault rupture, soil erosion hazards, landslide, and bank erosion hazard areas on or adjacent to the project site.

4. Analysis of erosion processes, erosion rates, slope recession rates, and potential impacts to existing or proposed development from wave cutting, stream meandering, or other erosional forces to determine the recommended solution for bank or shoreline stabilization or flood protection.

5. Engineering properties of the soils, sediments, and rocks on the subject property and adjacent properties and their effect on the slope stability.

6. Significant geologic contacts, landslides, or downslope soil movement on and adjacent to the project site.

7. Conclusion as to whether there is a geologically hazardous area on or adjacent to the project site. If found to exist on or adjacent to the project site, the report must include:

a. The location(s), extent, and type(s) of geologic hazard area(s) identified.

b. The location(s) and extent of any area(s) that must be left undisturbed to protect the proposed development from damage or destruction and to protect the hazard area(s) from the impacts of the proposed development.

c. The boundaries of the area that may be disturbed.

d. The dimension of the closest distance(s) between the geologically hazardous area(s) and nondisturbance area and the project area.

e. For bank erosion hazard areas, the boundaries and dimensions of potential erosion areas based on natural processes and, if applicable, proposed bank stabilization measures. The recommended buffer shall be included.

8. Detailed narrative description of development proposal.

9. Evaluation of the impact of the proposed development on the geologically hazardous area(s), including the impact of the proposed development on other properties and other critical areas.

a. Landslide hazard areas: the impact of the run-out hazard of a landslide or debris flow from both upslope and downslope shall be included.

b. Bank erosion hazard areas: the evaluation of impacts on other properties shall include properties both upstream and downstream of the subject property.

10. Assessments and conclusions regarding geologic hazard(s) for both existing and proposed (post-development) site conditions. The ultimate build-out scenarios must be considered and addressed in cases such as land division and master planning where build-out is not scheduled to occur as a direct or immediate result of project approval.

11. Risk analysis including:

a. The risk of damage or destruction from the geologic hazard(s) to human health and safety, infrastructure, the proposed development, other properties, and other critical areas.

b. Whether and to what degree the proposed development would increase the risk from the geologic hazard(s), such as the occurrence of a landslide or the rate of regression.

12. Recommendations for mitigation of impacts to protect:

a. Human health and safety.

b. Infrastructure.

c. The proposed development.

d. Other property.

e. Other critical areas.

f. The hazard area during construction and for the anticipated life of the proposed development. The ultimate build-out scenarios must be considered and addressed in cases such as land division and master planning where build-out is not scheduled to occur as a direct or immediate result of project approval.

13. Site plan, including:

a. Topography at contours of intervals of two feet, unless another increment is authorized by the Department;

b. All existing impervious surfaces, wells, septic systems, roads, easements, and utilities;

c. All planned gas, power, cable, fiber optic, telephone, sewer, water, and stormwater management facilities, wells, septic systems, dikes, levees, and structures;

d. The location and evidence of any springs, seeps, or other surface expressions of groundwater including identification of the maximum seasonal high groundwater elevations;

e. The location or evidence of any surface waters including the OHWM and OLWM;

f. The extent and type of existing vegetative cover;

g. Identification of all existing fill areas;

h. The location and extent of all proposed development activity;

i. The proposed method of drainage and locations of all existing and proposed surface and subsurface drainage facilities and patterns, and the locations and methods for erosion control.

14. Detailed review of field investigations, published data and references, data and conclusions from past geologic studies or investigations, site-specific measurements, tests, investigations or studies, and the methods of data analysis and calculations that support the results, conclusions, and recommendations.

15. A channel migration zone study when required pursuant to this title.

16. A vegetation management and restoration plan prepared in coordination with a qualified professional such as a botanist, certified arborist, landscape architect, biologist, or similar for maintaining the long-term stability of slopes.

17. Any other information determined by the department to be necessary to determine compliance with this chapter, including but not limited to the use of LiDAR, technical reports, studies or documents related to geologic hazards, and models for evaluating slope stability and estimating how far landslide materials will travel. (Ord. 2533, 2025)

14.275.040 Development Standards for Geologically Hazardous Areas.

A. General Development Standards.

1. The Director may modify the property-specific development standards required by this section when a critical areas report meeting the requirements of SMC 14.275.030(C) is submitted by the applicant and approved by the Director.

2. Buffer width shall be measured on a horizontal plane from a perpendicular line established at all edges of the geologic hazard area.

3. Proposed projects shall be designed to eliminate or mitigate the hazard to a level equal to or less than development conditions in a nonhazardous location, including risk to life safety, as demonstrated by the applicant.

The owner of any property with a field-verified erosion hazard, landslide hazard, or associated buffer, as identified through a geotechnical report, shall file for record with the Snohomish County Auditor a notice on title consistent with the provisions of SMC 14.255.140(C), to inform future purchasers of the presence of the erosion hazard, landslide hazard, or associated buffer; the application of this chapter to the property; and the limitations on actions in or affecting such areas.

4. Disturbance Limitations. The edge of an erosion hazard, landslide hazard, and associated buffer shall be clearly staked, flagged and fenced prior to any adjacent site clearing or construction. Markers shall be clearly visible and weather-resistant. Authorized site clearing shall not commence until such time that the project proponent or authorized agent for the project proponent has submitted written notice to the City that the buffer requirements of this section have been met. Field marking of the buffer shall remain in place until all phases of construction have been completed and an occupancy permit has been issued by the City.

B. Erosion Hazard Areas.

1. Land clearing, grading, filling, and foundation work in an erosion hazard area is only allowed between May 1st to November 1st, except that:

a. Construction outside of this seasonal limitation may be authorized if the applicant demonstrates that erosion hazards will be fully mitigated through a temporary erosion and sediment control management plan that includes:

i. The minimum requirements from the adopted Stormwater Management Manual for Western Washington, Chapter 15.16 SMC, Stormwater Management, and City Engineering Standards; and

ii. Preparation and implementation of site grading, stabilization, and restoration plans by a licensed engineer, with statement from a geotechnical engineer that these plans are sufficient to prevent erosion and sedimentation of susceptible soils.

b. In addition to the requirements of this section, the Director may require additional studies of the site hydrology, soils, and stormwater management, and may also require grading, structural improvements, erosion control measures, restoration plans, and/or an indemnification/release agreement.

c. The Director may halt construction as necessary to protect the hazard area and/or to prevent downstream impacts.

2. Required erosion mitigation work shall be performed by a certified erosion and sediment control lead in accordance with Washington Department of Ecology requirements.

3. The project shall be designed and constructed in accordance with the erosion control requirements of Chapter 14.237 SMC, Stormwater Management Manual for Western Washington, Chapter 15.16 SMC, Stormwater Management, and City Engineering Standards.

4. Drainage patterns shall not be altered to potentially damage or cause risk to the proposed project, the erosion hazard area, or other critical areas or buffers.

5. No specific buffer widths are required for soil erosion hazard areas.

6. The minimum buffer width for bank erosion hazard areas shall be two times the slope height from top to toe of slope, or as recommended in a geotechnical report prepared by a qualified professional.

a. Buffers shall be vegetated and shall be maintained by the property owner. New plantings shall consist of native species.

b. No alteration of the buffer shall be undertaken that includes clearing of vegetation without an erosion control plan approved by the City.

C. Landslide Hazard Areas.

1. Landslide hazard areas may be mitigated through grading based on a critical areas geotechnical report demonstrating the slope will be stabilized as described in SMC 14.275.030(C). After site grading, the applicant shall:

a. Provide inspection specifications from the qualified professional who prepared the critical areas geotechnical report; and

b. Inspect the grading and the site using a City approved inspector and submit a report to the City indicating the stability of the site.

2. Land clearing, grading, filling, and foundation work in a landslide hazard area is allowed only between May 1st to November 1st, except that:

a. Construction outside of this seasonal limitation may be authorized if the applicant demonstrates that erosion hazards will be fully mitigated through a temporary erosion and sediment control management plan that includes:

i. The minimum requirements from the adopted Stormwater Management Manual for Western Washington, Chapter 15.16 SMC, Stormwater Management, and City Engineering Standards; and

ii. Preparation and implementation of site grading, stabilization, and restoration plan by a qualified geotechnical professional as defined in SMC 14.25.180 that these plans are sufficient to prevent erosion and sedimentation of susceptible soils.

b. In addition to the requirements of this section, the Director may require additional studies of the site hydrology, soils, and stormwater management, and may also require grading, structural improvements, erosion control measures, restoration plans, and/or an indemnification/release agreement.

c. The Director may halt construction as necessary to protect the hazard area and/or to prevent downstream impacts.

3. Required erosion mitigation work shall be performed by a certified erosion and sediment control lead in accordance with Ecology requirements.

4. The project shall be designed and constructed in accordance with the erosion control requirements of Chapter 14.237 SMC.

5. Drainage patterns shall not be altered to potentially damage or cause risk to the proposed project, the landslide hazard area, or other critical areas or buffers.

6. The minimum buffer width for landslide hazard areas shall be two times the slope height from top to toe of slope, or as recommended by a qualified professional in a geotechnical report.

a. A larger buffer width may be required when:

i. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts.

ii. The area has a severe risk of slope failure or downslope stormwater drainage impacts.

iii. The area is directly adjacent to a riparian area, stream, or wetland.

iv. It is recommended in an approved critical areas report.

b. Buffers shall be vegetated and shall be maintained by the property owner. New plantings shall consist of native species.

c. No alteration of the buffer shall be undertaken that includes clearing of vegetation without an erosion control plan approved by the City.

7. Alterations to landslide hazard areas located on slopes steeper than 33 percent may be allowed only subject to the following limitations:

a. Unless otherwise provided herein or as part of an approved alteration, removal of any vegetation from a landslide hazard area or buffer shall be prohibited, except for limited removal of vegetation necessary for surveying purposes and for the removal of hazard trees determined to be unsafe by the City per Chapter 14.120 SMC. The City may require the applicant to submit a report prepared by a qualified tree professional to confirm hazard tree conditions. Notice to the City shall be provided prior to any vegetation removal permitted by this subsection.

b. Vegetation on slopes within a landslide hazard area or buffer that has been damaged by human activity or infested by noxious weeds may be replaced with native vegetation pursuant to an enhancement plan approved by the City. The use of hazardous substances, pesticides, and fertilizers in landslide hazard areas and their buffers may be prohibited by the City.

c. Surface water conveyances, as specified in Chapter 15.16 SMC, Stormwater Management, may be allowed in a landslide hazard area if they are installed in a manner to minimize disturbance to the slope and vegetation and according to the recommendations of a qualified geotechnical professional.

d. Public and private trails may be allowed subject to the standards and mitigations of this chapter, and requirements of the municipal code, when locating outside the hazard area is not feasible.

e. Utility corridors may be allowed in a landslide hazard area if a critical areas report shows that such alteration will not subject the area to the risk of landslide or erosion.

f. Limited trimming and pruning of vegetation may be allowed in a landslide hazard area pursuant to an approved vegetation management plan for the creation and maintenance of views if the soils are not disturbed.

g. Stabilization of sites where erosion or landsliding threatens public or private structures, utilities, roads, driveways, or trails, or where erosion and landsliding threaten any lake, stream, wetland, or shoreline. Stabilization work shall be performed in a manner that causes the least possible disturbance to the slope and its vegetative cover.

h. Reconstruction, remodeling, or replacement of an existing structure upon another portion of an existing impervious surface that was established pursuant to City ordinances and regulations may be allowed, subject to the following:

i. If located within the landslide hazard area buffer, the structure shall be located no closer to the landslide hazard area than the existing structure; and

ii. The existing impervious surface within the buffer or landslide hazard area shall not be expanded as a result of the reconstruction or replacement.

8. Alterations to landslide hazard areas located on slopes less than 33 percent may be allowed subject to the following:

a. The development proposal will not decrease the slope stability on contiguous properties; and

b. Mitigation based on best available engineering and geological practices is implemented that either eliminates or minimizes the risk of damage, death, or injury resulting from landslides.

D. Seismic Hazard Areas. Development proposals within a seismic hazard area shall comply with the most recently adopted versions of the building code and ASCE7 and must meet the following requirements:

1. Mitigation based on the best available engineering and geological practices shall be implemented that either eliminates or minimizes the risk of damage, death, or injury resulting from surface rupture, seismically induced settlement, landsliding, lateral spreading, soil liquefaction, and/or other seismic hazards.

2. The distance between a fault rupture hazard area and any portion of the proposed development shall be the greater between the following: a minimum of 50 feet; and the minimum distance recommended in a geotechnical report prepared by a qualified professional.

3. A larger buffer width may be required when the Planning Director determines the buffer is not adequate to protect the proposed development.

4. New structures for human habitation are prohibited within fault rupture hazard areas and buffers.

E. Other Geologic Hazards. Development proposals within other geologically hazardous areas shall comply with the most recently adopted versions of the building code and must meet the following requirements:

1. Volcanic Hazard Areas. Development proposals occurring on or adjacent to 200 feet of a volcanic hazard area shall comply with the identification, disclosure, and recording requirements of SMC 14.255.140(C).

2. Tsunami Hazard Areas. Development proposals occurring on or adjacent to 200 feet of a tsunami hazard area shall comply with the identification, disclosure, and recording requirements of SMC 14.255.140(C) as evidence becomes available. In tsunami hazard areas, project proponents are encouraged to follow the recommendations from “Designing for Tsunamis: Seven Principles for Planning and Designing for Tsunami Hazards.” (Ord. 2533, 2025)

14.275.050 Exemptions, Exceptions, and Emergencies.

A. Exemptions. The following actions shall not be subject to the provisions of this chapter:

1. Building permits that do not require ground disturbance, including tenant improvements, building refaces, and other minor improvements;

2. Landscaping maintenance;

3. Normal maintenance and repair work that does not require ground disturbance. Replacement may be considered “normal maintenance and repair” only where such replacement is the common method of repair for the structure or development, and is comparable in size, shape, and configuration to the original structure or development;

4. Noxious weed removal in accordance with Chapter 16-750 WAC;

5. Comprehensive Plan amendments or rezones;

6. Variances not accompanied by another permit or approval;

7. Conditional use permits not accompanied by another permit or approval;

8. Data collection and research by nonmechanical means when performed in accordance with State-approved sampling protocols or Endangered Species Act (ESA) Section 10(a)(1)(a), Section 7 consultation (16 USC 1536);

9. Nonmechanical survey and monument placement; and

10. Soils testing or topographic surveying of slopes for purposes of scientific investigation, site feasibility analysis, and data acquisition for geotechnical report preparation, provided it can be accomplished without road construction.

B. Exceptions. The following actions may be allowed within a geologically hazardous area and are not required to follow the provisions of SMC 14.275.030, subject to other City approvals:

1. Certain minor development activities may occur within geologically hazardous areas or their setbacks, provided the project proponent complies with all best management practices (BMPs) and all known and available reasonable technology appropriate to meet the intent of this chapter. Best management practices are physical, structural, or managerial practices that have gained general acceptance by professionals in the appropriate field to minimize and mitigate adverse impacts to the functions and values of critical areas.

2. The following minor development activities may occur pursuant to this section:

a. Normal maintenance and repair that does not expand or extend the footprint of an existing development, including structures, roads, utilities, trails, and stormwater facilities;

b. Minor replacement, modification, extension, installation, or construction by a utility purveyor within an existing improved public right-of-way or utility corridor easement;

c. Minor replacement or modification by a utility purveyor of individual utility service lines connecting to a utility distribution system;

d. Minor replacement, modification, installation, or construction within an existing improved right-of-way by the City, County, or by the holder of a right-of-way permit;

e. Survey monumentation;

f. Invasive weed removal;

g. Felling or topping of hazardous trees based on the recommendation of a qualified tree professional as defined in SMC 14.25.180 and per Chapter 14.120 SMC;

h. Minor replacement, modification, or installation of drainage, water quality, or habitat enhancement projects; and

i. All other ongoing, lawfully established development activities not specifically addressed herein.

3. Emergencies. Emergency activities necessary to prevent an immediate threat to the public health, safety, welfare, or property, or to prevent an imminent threat of serious environmental degradation are allowed without prior approval in geologically hazardous areas, based on the following criteria:

a. The emergency activity must be the minimum necessary to remediate the emergency;

b. The proponent shall notify the department prior to any action taken to remedy the emergency. If prior notification is not feasible, the proponent shall notify the department within 48 hours of the action; and

c. The proponent shall apply for any required permits necessary to satisfy compliance with this chapter within 120 days of the start of the action taken. (Ord. 2533, 2025)

14.275.060 Relationship to Other Regulations.

Protection of geologic hazard areas located within shorelines of the State, as defined in Chapter 90.58 RCW, shall be accomplished through compliance with the provisions of this chapter. Nothing in this section shall be construed to be inconsistent with RCW 36.70A.480. (Ord. 2533, 2025)

14.275.070 Rulemaking Authority.

The Director shall have the authority to adopt administrative rules to implement the provisions of this chapter. Rulemaking authority shall include, but is not limited to, the adoption of best management practices for the regulation of geologically hazardous areas. (Ord. 2533, 2025)