1. When any item of archaeological interest is discovered during the course of a permitted ground-disturbing action or activity (VMC 20.710.090).

2. When the planning official determines that reliable and credible information indicates the probable existence of an archaeological site in a disturbance area for which an application for a permit or approval for a ground-disturbing action or activity has been submitted to the planning official.

1. Where any portion of the disturbance area is within properties with predictive model probability level high.

2. Where the disturbance area is at least five acres in size and wholly within predictive model probability levels moderate-high and moderate.

3. Regardless of disturbance area size or predictive model probability level, when the disturbance area is within one-quarter mile of a known, recorded archaeological site as measured on a horizontal plane extending in all directions. (See subsection (C)(11) of this section for a possible exemption.)

1. Land use permits handled as Type 1 actions under VMC 20.210.040, except grading and tree removal permits; or

2. Sign permits (Chapter 20.960 VMC); or

3. Conditional use permits (Chapter 20.245 VMC) for a change in use only, not involving ground disturbance for structural modification.

4. Zoning variance approvals (Chapter 20.290 VMC).

5. Ground-disturbing actions or activities classified as exempt actions under VMC 20.210.030 except landscaping activities and single-family and duplex dwellings not requiring an environmental review; or

6. Ground-disturbing actions or activities where the planning official determines that the disturbance area was adequately investigated and documented [VMC 20.710.050(A)] in the past and the existence of an archaeological site was determined not to be probable (prior predetermination) or not to be actual (prior survey); or

7. Applications for permits or approvals for ground-disturbing actions or activities which have vested prior to the effective date of this chapter; or

8. Ground-disturbing actions or activities where the provisions of this chapter were previously applied to a related application for a larger, more comprehensive ground-disturbing action or activity which encompasses the scope of the current application; or

9. Ground-disturbing actions or activities where a prior application for a larger, more comprehensive ground-disturbing action or activity which encompasses the scope of the current application was exempt from the provisions of this chapter pursuant to this subsection C; or

10. Ground-disturbing actions or activities where the disturbance area is within one-quarter mile of a known, recorded archaeological site as measured on a horizontal plane extending in all directions may be exempted by the planning official when appropriate due to the effects of a geographic barrier; or

11. Ground-disturbing actions or activities proposed in areas in which the planning official determines that previous substantial disturbance has been documented.

1. Where the provisions of this chapter conflict with each other or with other local, state, or federal laws, ordinances, or programs, the more restrictive provisions shall apply.

2. The provisions of this chapter shall apply throughout the city, including areas regulated by Vancouver’s Shoreline Management Master Program.

3. The regulations of the State Environmental Policy Act SEPA shall supplement the provisions of this chapter.

4. The provisions of this chapter are intended to coordinate with and supplement the related provisions of state law. [Chapters 27.34, 27.44, 27.48, and 27.53 RCW.] (Ord. M-4402 § 3(S), 2023; Ord. M-3701 § 20, 2005; Ord. M-3643, 2004)

1. For any nonexempt ground-disturbing action or activity for which a permit or approval is required where any portion of the disturbance area is at least partially within predictive model probability level high.

2. For any nonexempt ground-disturbing action or activity for which a permit or approval is required and where the disturbance area is at least five acres in size and wholly within predictive model probability levels moderate-high and moderate.

3. For any nonexempt ground-disturbing action or activity for which a permit or approval is required where the disturbance area is proposed within one-quarter mile of a known, recorded archaeological site.

4. When the planning official determines that reliable and credible information indicates the probable existence of an archaeological site in a disturbance area for which an application for a permit or approval for a ground-disturbing action or activity has been submitted to the planning official.

5. When any item of archaeological interest is discovered during the course of a permitted or approved ground-disturbing action or activity (VMC 20.710.090).

1. Predeterminations shall be performed by a professional archaeologist. Documentation shall be sufficient to allow another archaeologist to repeat the investigation and reach a similar conclusion. Adequacy shall be determined by the planning official.

2. Predeterminations shall be performed in accordance with the best available technology and techniques commonly accepted as standards in the profession of archaeology.

3. No artifacts shall be collected during a predetermination.

4. A thorough review of records, documentation, maps, and other pertinent literature shall be performed.

5. A visual inspection of the ground surface shall be completed when conditions yield at least 50 percent visibility of the soil. When conditions yield less than 50 percent visibility of the soil, subsurface investigation shall be required in accordance with subsection (D)(6) of this section.

6. Subsurface investigation shall be conducted as follows:

1. Predetermination reports shall be reviewed by the planning official.

2. Upon finding that a predetermination report is complete and adequate, the planning official shall evaluate the report and determine whether an archaeological site is likely to exist.

1. A survey shall be required when the results of a predetermination indicate further investigation is necessary [VMC 20.710.070(F)] and either:

2. An applicant may choose to provide a survey instead of a required predetermination [VMC 20.710.070(B)].

1. Surveys shall be performed by a professional archaeologist. Documentation shall be sufficient to allow another archaeologist to repeat the investigation and reach a similar conclusion. Adequacy shall be determined by the Planning Official.

2. Surveys shall be performed in accordance with the best available technology and techniques commonly accepted as standards in the profession of archaeology.

3. Artifacts may be collected during a survey only after consultation with DAHP.

4. A thorough review of records, documentation, and other pertinent literature shall be performed.

5. A systematic, 100% visual inspection of the ground surface shall be completed when conditions yield at least 50% visibility of the soil.

6. Subsurface probes shall be required for all surveys as follows:

1. Survey reports shall be filed with DAHP.

2. Survey reports shall be reviewed by the Planning Official. Upon finding a survey report complete and adequate, the Planning Official shall determine whether an archaeological site has been identified. [20.710.070(F)]

3. Where the Planning Official determines that no archaeological site has been identified, the application may proceed through the remainder of the development review process.

4. Where the Planning Official determines that an archaeological site has been identified, the Planning Official shall determine whether the site is likely to be potentially significant in accordance with the significance criteria of VMC 20.710.080(E) and in consultation with DAHP.

5. Where the Planning Official determines that an archaeological site has been identified and is not likely to be potentially significant, the application may proceed through the remainder of the development review process.

6. Where the Planning Official determines that an archaeological site has been identified and is likely to be potentially significant, archaeological resources shall be further evaluated, avoided, properly mitigated, or properly recovered in accordance with the Planning Official’s recommendation and the terms of any necessary permit from DAHP [VMC 20.710.040(B)]. Priority for thorough evaluation and data recovery shall be given to potentially significant archaeological sites. Monitoring and future corrective measures may be required to ensure that an archaeological site is not degraded by a permitted development.

7. Where sites are to be avoided, the Planning Official shall require that appropriate land use restrictions be recorded using a proper legal instrument.

8. An escrow or bond shall be required of the applicant to ensure that the site is treated in accordance with the Planning Official’s recommendation and provisions of the state permit.

1. Fish and Wildlife Habitat Conservation Areas. Providing habitat for breeding, rearing, foraging, protection and escape, migration, and overwintering; and providing complexity of physical structure, supporting biological diversity, regulating stormwater runoff and infiltration, providing wave attenuation, removing pollutants from water, and maintaining appropriate water temperatures.

2. Frequently Flooded Areas. Providing flood storage, conveyance, and attenuation of flood waters; minimizing the amount of development at risk in such areas to protect human life and safety, including reducing damage to homes, places of business, public facilities, and utilities; and minimizing business interruptions.

3. Geologic Hazard Areas. Providing erosion control and protecting public safety, including people, structures, and infrastructure, from damage during seismic events, landslides, significant erosion, debris flows, and rock falls.

4. Wetlands. Providing carbon sequestration, cleansing surface water, storing and conveying floodwater, and providing fish and wildlife habitat.

1. Temporary Sign Requirements. The location of the outer perimeter of the critical area(s) and buffer(s) shall be marked in the field and approved by the planning official prior to the commencement of permitted activities and maintained throughout the duration of the construction.

2. Permanent Sign Requirements.

3. Applicability. Applicants will be responsible for signage and demarcation within land that falls on the subject property(ies) included within the application for a critical areas permit.

4. Additional standards for temporary and permanent marking of geologic hazards are contained in VMC 20.740.130.

1. The critical areas regulations apply in addition to zoning and other regulations adopted by the city.

2. When more than one critical area is located on a project site, regulations protecting each critical area apply to the site. Where critical areas overlap (e.g., a wetland buffer and a riparian buffer), the most restrictive regulations that provide the most protection for the critical areas present establish the outer boundary of the regulated critical areas. Mitigation will be required for impacts to each critical area to ensure no net loss.

3. When there is a conflict between any provisions of this chapter and any other regulations, the requirement that provides the most protection to the critical area(s) applies.

4. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements. The applicant is responsible for complying with other state and federal requirements in addition to the requirements of this chapter.

1. Exempt activities are not required to obtain a critical areas permit. However, all activities in critical areas, including exempt activities, are subject to the policies and regulations of this chapter. If a land use permit is not required, the planning official may attach conditions to building and engineering permits, as necessary, to enforce the provisions of this chapter.

2. The request for the statement of exemption shall be in writing, on forms required by the planning official, and include the information required by the planning official. Statements of exemption shall be processed as a Type I procedure per Chapter 20.210 VMC, Decision Making Procedures.

1. Activities requiring a Statement of Exemption.

2. Activities for which a Statement of Exemption is not required. Reasonable methods shall be used to avoid potential impacts to critical areas. Any damage to, or alteration of, a critical area that is not a necessary outcome of the exempt activity shall be corrected at the property owner’s expense.

The following activities are exempt from needing a critical areas permit and do not require a statement of exemption:

1. Pre-application Conference Required. A pre-application meeting or waiver per Chapter 20.210 VMC is required prior to submitting a critical areas permit. Pre-application conferences shall not be required for the following:

2. Critical Areas Permit. If a proposed development activity is determined not to be exempt per the listed critical areas exemptions, the applicant and/or owner shall obtain a critical areas permit prior to commencing the development activity. Critical areas permits shall be processed as a Type I permit when no other permits are filed concurrently or reviewed according to the procedures of the underlying land use application pursuant to Chapter 20.210 VMC.

3. Review Procedure. The planning official shall make a determination as to whether the proposed activity and mitigation, if any, are consistent with the critical areas approval criteria of this chapter and in compliance with the performance standards for the type(s) of critical area(s) involved. The city may consult with state agencies for preliminary review of mitigation.

4. Expiration of Permit. The critical areas permit shall be valid for as long as the underlying land use permit is in effect or as otherwise specified by the planning official.

1. Covenants. This section applies to all nonexempt projects that involve critical areas and buffers, with the exception of frequently flooded areas.

2. Tracts. This section applies, in addition to subsection (B)(1) of this section, to projects that involve platting on properties containing fish and wildlife habitat conservation areas, wetlands, geologic hazard areas, and their buffers.

1. When mitigation required pursuant to a development proposal is not completed prior to the city’s final permit approval, such as final plat approval or final building inspection, the city shall require the applicant to provide security in a form deemed acceptable by the city, including to ensure that mitigation is fully functional, taking into account remaining construction, maintenance, and monitoring.

2. The security shall be in the amount of 125 percent of the estimated cost of restoring the functions of the critical area that are at risk.

3. The security shall remain in effect until the city determines, in writing, that the applicable standards have been met. The security shall be held by the city for a minimum of five years to ensure fully functional mitigation.

4. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration.

5. Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration.

6. Failure to satisfy any critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the city may demand payment of any financial guarantees or require other action authorized by the city code or any other law.

7. Any funds recovered pursuant to this section shall be used to complete the required mitigation. Excess funds shall be returned to the applicant.

1. In addition to the submittal requirements in VMC 20.740.050, and any additional critical areas report requirements under VMC 20.740.110 through 20.740.140, applicants for a programmatic permit shall submit a proposed management plan. The management plan shall contain:

2. A programmatic permit may be approved for up to seven years. The permit duration may be tied to other permits or processes.

3. Every two years for the duration of the programmatic permit 30 days prior to the original date of permit issuance, the applicant shall submit a report to the planning official summarizing activities undertaken. The report shall also document the training provided in accordance with subsection (G)(1)(e) of this section.

4. The applicant or the city may initiate an amendment to the programmatic permit if anticipated activities, terms, or conditions of the programmatic permit will change. An amendment shall be considered through a Type 1 process following a pre-application conference.

5. An application for reauthorization of a programmatic permit shall be submitted at least 90 days prior to the date the current permit expires. Programmatic permits may be reauthorized through a Type 1 process following a required pre-application conference. Permit standards and conditions may be modified to conform to the current codes, policies, and standards or based on past performance. Where the review of the reauthorization application will extend beyond the expiration date of the current programmatic permit, the planning official may extend the duration of the current permit for up to 60 days at a time, not to exceed 180 days. (Ord. M-4490 § 2(B), 2024; Ord. M-4289 § 4, 2019; Ord. M-4105 § 3, 2014; Ord. M-4017 § 6, 2012; Ord. M-3959 § 37, 2010; Ord. M-3931 § 23, 2009; Ord. M-3844 § 2, 2007; Ord. M-3692 § 2, 2005)

1. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested;

2. A copy of the site plan for the development proposal, including:

3. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site. Critical areas reports shall be prepared by a qualified professional for the type of critical area involved;

4. Identification and scientific characterization of all critical areas and buffers. The scientific characterization shall include a detailed assessment of the functional characteristics of the critical areas;

5. An assessment of the probable impacts to critical areas and buffers and risk of injury or property damage including permanent, temporary, and indirect impacts resulting from development of the site and the operations of the proposed development;

6. A written response to each of the approval criteria in VMC 20.740.060;

7. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with subsection E of this section, Mitigation Plan Requirements; and

8. Additional Information. Any additional information required for the specific critical areas and buffers as specified in VMC 20.740.110, Fish and wildlife habitat conservation area, VMC 20.740.120, Frequently flooded areas, VMC 20.740.130, Geologic hazard areas, and VMC 20.740.140, Wetlands.

1. Mitigation rationale. A discussion of the rationale for the proposed mitigation that includes other mitigation options and why the proposed method best achieves the approval criteria in VMC 20.740.060 as compared with other forms and locations for mitigation.

2. Detailed Construction Plans. The mitigation plan shall include descriptions and plans of the mitigation proposed, such as:

3. Adaptive Management. The mitigation plan shall include identification of potential courses of action and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.

4. Monitoring Program. The mitigation plan shall include a program for monitoring construction of the mitigation project and for assessing a completed project.

1. A phased master plan is submitted under Chapter 20.260 or 20.268 VMC, as appropriate, demonstrating:

2. Development is permitted only in the area that clearly avoids the maximum critical area(s) and buffer(s). (Ord. M-4490 § 2(B), 2024; Ord. M-3931 § 24, 2009; Ord. M-3844 § 2, 2007; Ord. M-3692 § 2, 2005)

1. Avoid Impacts. The applicant shall first seek to avoid impacts altogether that degrade the functions and values of a critical area(s). This may include not taking a certain action or parts of an action, or necessitate a redesign of the proposal. The applicant shall provide sufficient evidence to demonstrate no practicable alternative exists that results in less impacts before proceeding through the rest of the mitigation sequence.

2. Minimize Impacts. Where avoidance is not feasible, the applicant shall adequately demonstrate why impacts could not be avoided, then minimize the impact of the activity by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. The applicant shall seek to minimize the fragmentation of the resource to the greatest extent possible.

3. Rectifying. Rectify the impact by repairing, rehabilitating, or restoring the affected environment.

4. Reducing. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.

5. Compensatory Mitigation. After the applicant has demonstrated why impacts could not be minimized, the applicant shall compensate for the unavoidable impacts by replacing each of the affected functions. The compensatory mitigation shall be designed to achieve the functions as soon as practicable. Compensatory mitigation shall be in-kind and on site, when feasible, and sufficient to maintain the functions of the critical area, and to prevent risk from a hazard posed by a critical area to a development or by a development to a critical area.

Compensatory mitigation priority for wetlands is specified in VMC 20.740.140(C)(2)(c). Compensatory mitigation shall offset both permanent and temporal impacts. Fish and wildlife habitat conservation areas are subject to additional compensatory mitigation requirements under VMC 20.740.110(C)(1)(b).

1. Unusual conditions or circumstances exist that are specific to the intended use, the land, the lot, or something inherent in the land, and that are not applicable to all other lands in the same vicinity or zoning district;

2. The unusual conditions or circumstances do not result from the actions of the applicant;

3. Granting the minor exception requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances;

4. The minor exception is necessary for the preservation and enjoyment of a substantial property right of the applicant such as is possessed by the owners of other properties in the same vicinity or district;

5. The minor exception requested is the least necessary and no greater than 10 percent of the subject standard to relieve the unusual circumstances or conditions identified in subsection (B)(1) of this section;

6. The granting of the minor exception or the cumulative effect of granting more than one minor exception is consistent with the general purpose and intent of the city of Vancouver comprehensive plan, this title, this chapter, and the underlying zoning district;

7. Degradation of the functions (including public health and safety) of the subject critical areas and any other adverse impacts resulting from granting the minor exception will be avoided, minimized and mitigated to the extent feasible in accordance with the provisions of this chapter;

8. Granting the minor exception will not otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property; and

9. The proposed development complies with all other applicable standards.

1. The application of this chapter would deny all reasonable economic use of the property;

2. No other reasonable economic use of the property has less impact on the critical area;

3. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property;

4. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this chapter, or its predecessor;

5. The proposal does not pose a significant threat to the public health, safety, or welfare on or off the development proposal site;

6. The proposal mitigates for the loss of critical area functions to the greatest extent feasible; and

7. The proposal is consistent with other applicable regulations and standards. (Ord. M-4490 § 2(B), 2024; Ord. M-3692 § 2, 2005)

1. It shall be unlawful to violate the provisions of this chapter. Any violation of this chapter shall constitute a public nuisance.

2. VMC Title 22 shall provide the enforcement provisions for this chapter. VMC Title 22 may impose any of the remedies, requirements or corrective actions contained in this chapter. In lieu of or in addition to the enforcement provisions contained in VMC Title 22, the city may also seek injunctive or other relief from any court of competent jurisdiction.

1. For alterations to frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:

2. For alterations to frequently flooded and geologic hazard areas, the following minimum performance standards shall be met for the restoration of a critical area or buffer; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified:

1. A need for protection exists due to a high diversity of fish or wildlife species, declining populations, scarcity of the habitat type, sensitivity to disturbance from human activity or development, or other unique local habitat functions.

2. The area is sufficient in size to support the species or habitat functions for which it is designated.

3. The designation will not compromise the ability of the city to achieve the goals of the comprehensive plan.

4. There is a proposed management strategy describing how the functions of the habitat will be protected after designation.

5. The area and habitat are not otherwise protected under other critical areas regulations.

1. The city designates the following identified areas as fish and wildlife habitat conservation areas. Final designations shall be based on site conditions and other available data or information (see VMC 20.740.020(C)(1)).

1. Trails, paths, or sidewalks;

2. Minor accessory structures;

3. Driveways or drive aisles;

4. Subsurface utilities.

Note: RMAs and RBs are measured from the OHWM or the edge of a channel migration zone (CMZ), whichever is further landward. However, no CMZs have been identified within the city limits as of the date this chapter was adopted.

1. Development Standards.

2. Standards for RMAs and RBs.

a. RMA and RB Location and Width.

i. Standard Width. Standard RMA widths are 100 feet for shorelines of the state (Type S), for both fish-bearing and non-fish-bearing water bodies and for unclassified streams. The RB is 85 feet for all classified and unclassified water body types. The RMA and RB widths shall be combined for a total regulated riparian area width of 185 feet.

ii. Site Potential Tree Height (SPTH) RMA and RB Width. If the applicant cannot accommodate the standard-width RMA and RB on the project site for the proposed development, applicants may use the 200-year SPTH mapping tool referenced in WDFW’s Riparian Ecosystems, Volume 2: Management Recommendations and justify a lesser-width RMA and/or RB in the project’s critical areas report. For project locations with multiple SPTH values, the largest SPTH value shall be used to establish the riparian area width. If the tool does not have data available to establish SPTH, the minimum combined RMA and RB width shall be the standard width as established in subsection (C)(2)(a)(i) of this section.

iii. Measurement. Whether the standard or SPTH RMA and RB is used, the RMA is measured horizontally from the OHWM of the stream, river, or lake or from the CMZ, where present, to the specified width. The RB is measured horizontally from the landward boundary of the RMA as shown in Figure 20.740.110-2.

1. A critical areas report for an RMA or RB shall include:

2. If the clearing or development activity is in the RMA, the critical areas report shall contain all the following information, if applicable:

3. For land use and development-related activities on a site with PHS-designated priority Oregon white oak woodland habitat, the applicant shall be required to demonstrate compliance with WDFW’s latest guidance: Best Management Practices for Mitigating Oregon White Oak Priority Habitat (January 2024) and any subsequent revisions. The report shall include mapping and an evaluation of the habitat functions.

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.

1. Duties and Responsibilities of the Floodplain Administrator. Duties of the floodplain administrator shall include, but not be limited to:

1. Base (100-year) flood elevation in relation to mean sea level. When base flood elevation has not been provided or is not available from an authoritative source, it shall be generated by the applicant for developments which contain at least 50 lots or five acres, whichever is less.

2. Elevation in relation to mean sea level of the lowest floor (including basement) of all existing and proposed structures.

3. Elevation in relation to mean sea level to which any structure’s lowest floor (including basement) is raised to be at least one foot above the base flood elevation or for nonresidential flood-proofed structures, the elevation in relation to mean sea level to which any structure is flood-proofed.

4. Location of the channel migration zone. See the Clark County Shoreline Inventory and Characterization Report, Volume 1, Lewis and Salmon-Washougal Watersheds and Rural Areas, Map 27, Potential Channel Migration Zone (CMZ) Areas for general locations of channel migration zones. The actual location of the channel migration zone on site must be identified by a qualified professional and mapped in accordance with the submittal requirements of VMC 20.740.050.

5. Description of strategies taken to avoid, minimize, and mitigate unavoidable impacts to public safety. When the base flood elevation has not been provided or is not available from an authorized source (subsection A of this section), the critical areas report shall include a discussion of how and whether the proposed development would be reasonably safe from flooding. Historical data, high water marks, photographs of past flooding and other available information will be used as the basis for this discussion and conclusion.

6. Certification, documentation, and demonstration by a qualified professional of how the applicable standards of subsection J of this section will be met. To support the “no rise” analyses required in subsection (J)(1) of this section, the documentation required in the most recently updated or amended FEMA Region 10 publication, Floodplain Management: A Local Floodplain Administrator’s Guide to the National Flood Insurance Program shall be submitted.

1. Encroachments.

2. Property Damage. Development shall not result in adverse impacts to other properties either upstream or downstream.

3. Drainage. Drainage paths around structures and on slopes shall be adequate to guide floodwaters around and away from proposed structures and adjacent properties.

4. Water.

5. Waste.

6. Construction Materials and Methods.

7. Anchoring. All new construction including substantial improvements and all types of manufactured homes shall:

8. Enclosed Areas Below the Base Flood Elevation.

9. Subdivisions.

10. Residential Construction (Including Manufactured Homes).

11. Nonresidential Construction. New construction and substantial improvement of any nonresidential structure shall either be elevated (subsection (J)(11)(a) or (J)(11)(b) of this section) or flood-proofed (subsection (J)(11)(c) of this section):

12. Critical Facilities.

13. Recreational Vehicles.

14. Appurtenant Structures (Detached Garages and Small Storage Structures). For A zones:

15. Alteration of Watercourse.

16. Changes to Special Flood Hazard Area.

1. NFIP variances may be allowed:

2. NFIP Variance Approval Criteria. NFIP variances from elevation and flood-proofing standards, and for development in the floodway (subsections (K)(1)(a)(ii) through (K)(1)(a)(iv) of this section may be granted only if the applicant demonstrates that the requested action conforms to all of the following criteria:

3. Notices Required. A notice to the applicant is required whenever a variance is approved, approved with conditions, or denied. Such notice shall include the decision and the reasons for the decision. When a variance from the elevation standard is approved or approved with conditions, such notice shall state that the structure will be permitted to be built with a lowest floor elevation below that normally required with respect to the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

1. For all new and substantially improved structures and development, the planning official shall complete Section B of a current elevation certificate and obtain and record on that certificate:

2. Records of Variance Actions. The planning official shall keep records of all variance actions and report any approved variances to the Federal Insurance Administrator upon request.

3. Records of Appeal Actions. The planning official shall keep records of all appeal actions. (Ord. M-4490 § 2(B), 2024; Ord. M-4438 § 4(J), 2023; Ord. M-4325 § 3, 2020; Ord. M-4020 § 2, 2012; Ord. M-4017 § 9, 2012; Ord. M-3844 § 2, 2007; Ord. M-3692 § 2, 2005)

1. Designated or potential geologic hazard areas include landslide, seismic, and erosion hazard areas. With the exception of bank erosion hazard areas and fault rupture hazard areas, their potential locations are shown on maps available from the city of Vancouver, Clark County, and the state of Washington. Final designations shall be based on site conditions and other available data or information (see this chapter’s general provisions section).

2. Landslide Hazard Areas. These areas are subject to landslides due to a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors as defined in Chapter 20.150 VMC. Landslides are areas shown as “areas of historic or active landslides,” “areas of potential instability,” and “areas of older landslide debris” on maps available from Clark County maps online (“Slope Stability of Clark County” report (1975) and “Geologic Map of Vancouver Quadrangle” map (1987)) and maps available through the DNR’s Geologic Information Portal, including but not limited to the “Washington Geologic Survey-Protocol Landslide Mapping” and “Other Compiled Landslide Mapping” layers.

3. Seismic Hazard Areas. Seismic hazard areas include liquefaction, ground shaking amplification, and fault rupture hazard areas as designated below and defined in Chapter 20.150 VMC.

4. Erosion Hazard Areas. Erosion hazard areas include soil erosion and bank erosion hazard areas and as defined in Chapter 20.150 VMC. These are also areas that are likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils.

1. General Standards.

2. Landslide and Erosion Hazard Areas. Development in nondisturbance areas shall be prohibited. In other areas, development in landslide and erosion hazard areas and their buffers shall be prohibited except where the applicant has demonstrated compliance with the following standards or requirements:

3. Seismic Hazard Areas.

1. Identification of the site and project area (defined at Chapter 20.150 VMC); topography of the site in two-foot contours (or other increment at the discretion of the planning official); planned gas, power, cable, fiber optic, telephone, sewer, water, and stormwater management facilities, wells, on-site septic systems, dikes, levees; and existing structures on the site plan required by VMC 20.740.050;

2. 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;

3. Field investigation and evaluation of the areas on landslide, erosion, liquefaction or dynamic settlement, ground shaking amplification, bank erosion hazard areas and fault rupture hazard areas on or within 100 feet of the site;

4. A description of the surface and subsurface geology, hydrology, drainage patterns, soils, and vegetation for liquefaction or dynamic settlement, ground shaking amplification, fault rupture, soil erosion hazards, landslide, and bank erosion hazard areas on or within 100 feet of the site;

5. Identification of any hazard area indicators that were found on site for liquefaction or dynamic settlement, ground shaking amplification, fault rupture, and soil erosion hazards areas and on or within 100 feet of the site for landslide and bank erosion hazard areas;

6. Conclusion as to whether there is a geologic hazard area on site or within 100 feet of the site; and

7. If a geologic hazard is found to exist on site or if a landslide or bank erosion hazard is found to exist on or within 100 feet of the site, the report must include the following:

1. Designating Wetlands. Wetlands are areas that have been designated in accordance with the 1987 Federal Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains Valleys and Coast Region Version 2.0 (2010 or as further updated) and are defined in Chapter 20.150 VMC. Wetlands are subject to a local government’s regulatory authority if they meet the definition of wetlands, including non-federally regulated (isolated) wetlands. Final designations shall be based on site conditions as documented in a wetland critical areas report, and other available data or information (see VMC 20.740.020(C)(1)).

2. Wetland Ratings. Wetlands shall be rated according to the Ecology wetland rating system, Ecology Publication No. 23-06-009, Washington State Wetland Rating System for Western Washington: 2014 Update, published July 2023, or as revised by Ecology. The rating system document contains the definitions and methods for determining if the criteria below are met. The most recent version of the rating system form must be used.

1. Trails, paths, or sidewalks;

2. Minor accessory structures;

3. Driveways or drive aisles;

4. Subsurface utilities.

1. General Requirements. Development or clearing activities shall protect the functions of wetlands and wetland buffers on the site. Activities shall result in no net loss of wetland or buffer functions. Protection may be provided by avoiding (preferred) or minimizing and mitigating as described in the general critical areas performance standards (VMC 20.740.060).

b. Wetland Buffers.

i. Required Buffer Widths. Standard buffer widths are measured in feet from the edge of the wetland (see VMC 20.170.030(B) and (H)). Applicants are required to implement the wetland buffer widths by wetland category as shown in Table 20.740.140-1.

ii. If the applicant is unable to implement the full width buffers from Table 20.740.140-1 and avoid impacts as a result of proposed development, the planning director shall permit the applicant to use the alternative buffer widths in subsections (C)(1)(b)(v)(B) and (C)(1)(b)(v)(C) of this section, if the applicant has first demonstrated they have met the following criteria:

(A) The applicant has met the mitigation sequencing in VMC 20.740.060(A) through (E).

(B) The applicant shall provide a minimum of two alternative site designs and layouts to demonstrate that impacts cannot be avoided or be reduced to result in less impacts. The planning director may approve reductions to numerical standards including parking and setbacks under the minor exception process in VMC 20.740.070 to avoid or reduce impacts.

iii. The required and alternative buffer widths assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, and/or vegetated with invasive species that do not perform needed functions, the buffer must either be planted to create the appropriate native plant community or be widened to ensure that the buffer provides adequate functions to protect the wetland.

iv. If the buffer is functionally isolated by an existing impervious surface or built structure, the remaining buffer area must be revegetated with native species, but the buffer does not need to be widened to exceed widths greater than those listed in Tables 20.740.140-1, 20.740.140-2, and 20.740.140-4.

(A) Required buffers based on wetland category – see Table 20.740.140-1.

Wetland	Buffer Width

Wetland	Buffer Width
I	300
II	300
III	225
IV	50

(B) Alternative 1 wetland buffers: buffers based on wetland category, wetland type, and habitat score and providing a habitat corridor and implementing minimization measures.

(1) In order for an applicant to use the buffer widths of Table 20.740.140-2, the applicant must provide a habitat corridor as outlined in this subsection and implement the impact minimization measures listed in Table 20.740.140-3. Not all impact minimization measures are applicable. An undisturbed vegetated corridor at least 100 feet wide must be provided between the wetland and another priority area for preservation that meets the following:

(a) A legally protected, high-functioning vegetated area (priority habitats; other compensation sites; wildlife areas/refuges; or national, county, and state parks that have management plans with identified areas designated as natural, natural forest, or natural area preserve);

(b) An area that is the site of a watershed project identified within and fully consistent with a watershed plan, as these terms are defined by RCW 89.08.460;

(c) An area where development is prohibited under the provisions of the local shoreline master program;

(d) An area with equivalent habitat quality that has conservation status in perpetuity, in consultation with WDFW;

(e) The corridor is permanently protected for the entire distance between the wetland and the legally protected area by a conservation easement, deed restriction, or other legal means;

(f) Presence of the shoreline or priority habitat must be confirmed by a qualified biologist or the planning official;

(g) If a wetland scores five or fewer habitat points, only the impact minimization measures listed in Table 20.740.140-3 are required in order to use the buffers in Table 20.740.140-2; or

(h) If an applicant does not apply the mitigation measures in Table 20.740.140-3 and is unable to provide a protected corridor, then the buffers in Table 20.740.140-1 or 20.740.140-4 shall be used.

Category of Wetland	Habitat Score 3 to 5 Points (Corridor Not Required)	Habitat Score 6 to 7 Points	Habitat Score of 8 to 9 Points	Buffer Width Based on Special Characteristics

Category of Wetland	Habitat Score 3 to 5 Points (Corridor Not Required)	Habitat Score 6 to 7 Points	Habitat Score of 8 to 9 Points	Buffer Width Based on Special Characteristics
Category I: Bogs and Wetlands of High Conservation Value	NA	NA	225 feet	190 feet
Category I: Forested	75 feet	110 feet	225 feet	NA
Category I or II: Based on Rating of Wetland Functions (and not listed above)	75 feet	110 feet	225 feet	NA
Category III: All Types	60 feet	110 feet	225 feet	NA
Category IV: All Types	40 feet	40 feet	40 feet	NA

Note: Special characteristics are defined in the Washington State Wetland Rating System for Western Washington: 2014 Update, published July 2023, or as revised by Ecology.

Examples of Disturbance	Uses and Activities that Cause the Disturbance	Examples of Measures to Minimize Impacts

Examples of Disturbance	Uses and Activities that Cause the Disturbance	Examples of Measures to Minimize Impacts
Lights	Parking lots, warehouses, manufacturing, residential, recreational	Direct lights away from wetland. Only use lighting where necessary for public safety and keep lights off when not needed. Use motion-activated lights. Use full cut-off filters to cover light bulbs and direct light only where needed. Limit use of blue-white colored lights in favor of red-amber hues. Use lower-intensity LED lighting. Dim light to the lowest acceptable intensity.
Noise	Manufacturing and other industrial, residential, commercial, recreational	Locate activity that generates noise away from wetland. Construct a fence to reduce noise impacts on adjacent wetland and buffer. Plant a strip of dense shrub vegetation adjacent to wetland buffer.
Toxic runoff	Parking lots, roads, manufacturing, residential, application of agricultural or landscaping chemicals, landscaping	Route only treated runoff to a wetland and route untreated runoff away from wetland while ensuring wetland is not dewatered. Establish covenants limiting use of toxic chemicals within 150 feet of wetland. Apply integrated pest management.
Stormwater runoff	Parking lots, roads, residential, commercial/industrial, recreational, landscaping/lawns, and other impermeable surfaces/compacted soils	Retrofit stormwater detention and treatment for roads and existing adjacent development. Prevent channelized or sheet flow from lawns that directly enters the buffer. Infiltrate or treat, detain, and disperse new runoff from impervious surfaces and lawns.
Change in water regime	Impervious surfaces, lawns, tilling	Infiltrate or treat, detain, and disperse new runoff into buffer.
Pets and human disturbance	Residential, recreational, commercial, industrial	Plant dense vegetation around buffer, such as rose or hawthorn, to delineate buffer edge and discourage disturbance. Place wetland and its buffer in a separate tract. Place signs around the wetland buffer every 50 to 200 feet and for subdivisions place signs at the back of each residential lot. When platting new subdivisions, locate greenbelts, stormwater facilities, and other lower intensity uses adjacent to wetland buffers.
Human disturbance	Residential, commercial, industrial	Plant dense vegetation around buffer, such as rose or hawthorn
Dust	Tilled fields, roads	Utilize best management practices to control dust.

(C) Alternative 2 wetland buffer widths: buffers based on wetland category wetland type, and habitat score (see Table 20.740.140-4) without providing a habitat corridor or minimization measures as outlined in subsection (C)(1)(b)(iv)(B) of this section.

Category of Wetland	Habitat Score 3 to 5 Points (Corridor Not Required)	Habitat Score 6 to 7 Points	Habitat Score of 8 to 9 Points	Buffer Width Based on Special Characteristics

Category of Wetland	Habitat Score 3 to 5 Points (Corridor Not Required)	Habitat Score 6 to 7 Points	Habitat Score of 8 to 9 Points	Buffer Width Based on Special Characteristics
Category I: Bogs and Wetlands of High Conservation Value	NA	NA	300 feet	250 feet
Category I: Forested	100 feet	150 feet	300 feet	NA
Category I or II: Based on rating of wetland functions (and not listed above)	100 feet	150 feet	300 feet	NA
Category III: All Types	80 feet	150 feet	300 feet	NA
Category IV: All Types	50 feet	50 feet	50 feet	50 feet

v. Wetland Buffer Width Averaging. The planning official may allow modification of the standard wetland buffer width in accordance with an approved critical areas report by averaging buffer widths. Buffer width averaging shall not be used in combination with buffer width reduction or a minor exception (VMC 20.740.070). Averaging of buffer widths (see VMC 20.170.080(B)(2)) may only be allowed when implementing the impact minimization measures, as applicable, in Table 20.740.140-3 and where a qualified professional wetland scientist demonstrates that:

(A) Such averaging will not reduce wetland functions or functional performance;

(B) The wetland varies in sensitivity due to existing physical characteristics, or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places;

(C) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and

(D) The buffer width is not reduced at any point by more than 25 percent of the standard width and is no less than 30 feet wide.

vi. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be maintained and fully vegetated according to the approved critical areas permit.

vii. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this chapter; provided, they are not prohibited by any other applicable laws or regulations and they are conducted in a manner so as to minimize impacts to the buffer and the wetland:

(A) Activities allowed under the same terms and conditions as in the associated wetlands pursuant to subsection (C)(1)(a) of this section;

(B)  Enhancement and restoration activities aimed at protecting the soil, water, vegetation or wildlife.

(1) Removal of invasive plant species shall be restricted to hand removal. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the city’s noxious weed list should be handled and disposed of according to a noxious weed control plan appropriate to that species. Revegetation with appropriate native species at natural densities is allowed in conjunction with removal of invasive plant species;

(C) Passive recreation facilities, including trails and wildlife viewing structures; provided, that the trails and structures are constructed with a surface that does not interfere with wetland hydrology.

(1) Trails shall be located in the outer 25 to 50 percent of the buffer, when feasible;

(D) Stormwater management facilities are not allowed in Category I or II wetland buffers. Stormwater management facilities must meet the requirements of an LID or flow control BMP as specified for uses in Category III wetlands;

(E) Educational and scientific research activities;

(F) Normal and routine maintenance and repair of any existing public or private facilities within an existing right-of-way; provided, that the maintenance or repair does not increase the footprint or use of the facility or right-of-way;

(G) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops; and provided, that the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources; and

(H) Drilling for utilities/utility corridors under a buffer, with entrance/exit portals located completely outside of the wetland buffer boundary; provided, that the drilling does not alter the groundwater connection to the wetland or percolation of surface water down through the soil column.

(1) Specific studies by a hydrologist are necessary to determine whether the groundwater connection to the wetland or percolation of surface water down through the soil column would be disturbed.

2. Compensatory Mitigation. Compensatory mitigation for impacts to wetlands shall be provided pursuant to VMC 20.740.060 and shall be consistent with Ecology’s Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, Version 2, Ecology Publication No. 21-06-003 April 2021, and Part 2: Developing Mitigation Plans, Version 1, Ecology Publication No. 06-06-011b, March 2006, or as revised by Ecology.

Watersheds are defined in Chapter 20.150 VMC.

1. A written assessment, data sheets, and accompanying maps of any wetlands or buffers on the site, including the following information:

2. Functional evaluation for the wetland and buffer using Ecology’s most current approved data sheets method and including the reference of the method and all data sheets.

3. Proposed mitigation, if needed, including a discussion of alternatives and trade-offs of the various alternatives (for example, where enhancement for one function would adversely affect another) and a written description and accompanying maps of the mitigation area, including the following information:

1. Promote the general welfare of the City by maintaining canopy coverage provided by trees for their functions as identified in section B;

2. Preserve and enhance the City of Vancouver’s environmental, economic, and social character with mature landscapes;

3. Promote site planning, building, and development practices to prevent indiscriminate removal or destruction of trees and vegetation and avoid unnecessary disturbance to the City’s natural vegetation;

4. Comply with the requirements of the Forest Practice Rules pertaining to land use conversion activities;

5. Implement the goals and objectives of the City’s Comprehensive Plan; and

6. Implement the goals and objectives of the State Environmental Policy Act (SEPA).

7. Implement the goals and objectives of Low Impact Development from the Washington State Department of Ecology as required in the Western Washington Phase II Municipal Stormwater Permit.

1. Increasing the air quality with the absorption of air pollutants, assimilation of carbon dioxide and generation of oxygen, and with the reduction of excessive noise and mental and physical damage related to noise pollution;

2. Minimizing the adverse impacts of land disturbing activities and impervious surfaces on runoff, soil erosion, land instability, sedimentation and pollution of waterways, thus, minimizing the public and private costs for stormwater control/treatment and utility maintenance;

3. Cost-effective protection against severe weather conditions with cooling effects in the summer months and insulating effects in winter;

4. Providing habitat, cover, food supply and corridors for a diversity of fish and wildlife; and

5. Economic support of local property values and contribution to the region’s natural beauty and enhancing the aesthetic character of the community. (Ord. M-4179 § 78, 10/17/2016; Ord. M-3643, 01/26/2004; Ord. M-3286 § 1, 1997)

1. Sale of trees or wood from city property where the proceeds from such sale have not been dedicated to another purpose;

2. Donations and grants for purposes of the fund;

3. Sale of seedlings by the city;

4. Civil penalties imposed under Section 20.770.140 VMC or settlements in lieu of penalties. At the discretion of the city manager, costs incurred by the city to enforce this Chapter may be deducted from the civil penalties;

5. Other monies allocated by the city council.

1. Acquiring, maintaining, and preserving wooded areas within the city;

2. Planting and maintaining trees within the city;

3. Identification and maintenance of heritage trees;

4. Propagation of seedling trees;

5. Urban forestry education;

6. Other purposes relating to trees as determined by the City Council. (Ord. M-3643, 2004)

1. Level I Tree, Vegetation, and Soil Plan. A Level I tree, vegetation, and soil plan is required for proposed single family residence, short plat, multifamily (two to four units) or applicable single-family residence and multifamily (two to four units) proposing site disturbance. The plan can be developed by the applicant, but may require a qualified professional for significant wooded areas or trees on parcel. A Level I tree vegetation, and soil plan shall include the following components:

2. Level II Tree, Vegetation, and Soil Plan. A Level II tree, vegetation, and soil plan is required for existing commercial, industrial and multifamily (more than four units), parks, conditional use sites proposing an addition or site disturbance. It can be developed by the applicant but may require the assistance of a qualified professional. A Level II tree, vegetation, and soil plan shall include the following components:

3. Level III Tree, Vegetation, and Soil Plan. A Level III tree, vegetation, and soil plan is required for the removal of any nuisance tree or for determination of a hazard tree on applicable properties. Either tree, vegetation, and soil plan can be developed by the applicant for obvious cases, but may require the assistance of a qualified professional to make the determination. See VMC 20.770.070(D) and (E) VMC for nuisance and hazard tree removal criteria. A Level III tree, vegetation, and soil plan shall include the following components:

4. Level IV Tree, Vegetation, and Soil Plan. A Level IV tree, vegetation, and soil plan is required for proposed residential subdivisions, commercial, industrial, multifamily (more than four units), parks, conditional use sites that do not have any existing trees or where existing trees will not be impacted nor pose a hazard to the proposed project. It can be developed by the applicant, but shall require an individual knowledgeable in landscape design, soils and tree species selection. A Level IV tree, vegetation, and soil plan shall include the following components:

5. Level V Tree, Vegetation, and Soil Plan. A Level V tree, vegetation, and soil plan is required for proposed residential subdivisions, commercial, industrial, multifamily (more than four units), parks, conditional use sites in which existing trees are proposed for removal, could be damaged by construction activities, and/or could become hazardous. If the activity includes tree retention and necessary protection adjacent to the development activity, the plan must be developed with the assistance of a qualified professional. The plan shall include the following information:

6. Level VI Tree, Vegetation, and Site Plan. A Level VI tree, vegetation, and soil plan is required for a conversion option harvest permit. The plan shall be developed by a qualified professional. A Level VI tree, vegetation, and soil plan shall include the following components:

7. Level VII Tree, Vegetation, and Soil Plan. A Level VII tree, vegetation, and soil plan is required for tree removal above the six-trees-per-acre limit on undeveloped properties. It can be developed by the applicant but may require the assistance of a qualified professional. A Level VII tree, vegetation, and soil plan shall include the following information:

1. Tree permit applications submitted separate from a development application shall be processed as a Type I action within the timelines and procedures established by Section 20.210.040 VMC (Decision-Making) except that a notice of applications shall be posted on the site as required by 20.770.060(B)(1) VMC.

2. Tree permit applications submitted with a Type II or Type II development application shall be consolidated with the minor or major application and processed within the timelines and procedures established by Chapter 20.210.040 VMC for Type II and Type III actions.

1. For tree permit applications and plans submitted separate from a development application, a notice of application shall be posted on the site within seven (7) calendar days after the application is accepted as fully complete. The notice shall be posted in a place on the property that is clearly visible to passersby. The notice of application shall contain the name of the applicant, a description of the tree removal proposal, the case number assigned by the City of Vancouver, and the name and phone number of the city staff person assigned to review the application. The notice shall remain on the site for a period of fourteen (14) calendar days.

2. For tree permit applications and plans submitted with a Type II or III development application, public notice shall be provided as required by Section 20.210.040 VMC (Decision-Making).

1. When there are feasible and prudent location alternatives on site for proposed building structures or other site improvements, existing native vegetation and trees are to be preserved, even if the minimum tree density is exceeded. This may require site redesign including, but not limited to: redesign of streets, sidewalks, stormwater facilities, utilities; changing the shape and size of the parking lot; reducing or limiting proposed site grading; and changing the locations of buildings or building lots. Provided, where necessary, density transfer areas per VMC 20.940 may be used to ensure protection and retention of trees.

2. If existing trees and vegetation meet the requirements for the required landscaping, they shall have priority over and may substitute for the required landscaping pursuant to the guidelines established Chapter 20.925 Landscaping.

3. In designing a development project and in meeting the required minimum tree density, the applicant shall prepare the required tree, vegetation, and soil plan in the following order of tree preservation priority. Trees and native vegetation to be preserved must be healthy, wind-firm, and appropriate to the site at their mature size, as identified by a qualified professional.

4. On sites where there are currently inadequate numbers of existing trees, or where the trees are inappropriate for preservation, as determined by the planning official, then replacement tree planting shall be required. In designing a development project and in meeting the required minimum tree density the following trees shall be planted in the following order of priority:

1. Trees to remain should be dominant or co-dominant in the stand, healthy and wind-firm.

2. Trees to remain should be located on the site in areas that would most likely facilitate their preservation through the build-out of the site.

3. Up to 30% of the number or volume of trees, by species, can be removed every 10 years.

4. No removal of trees from designated sensitive areas, unless otherwise outlined by this title.

5. No removal of designated heritage trees.

6. No removal of trees that would cause trees on adjacent properties to become hazardous.

7. Logging operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, shrubs, ground cover and stumps shall be retained where feasible. Where not feasible, appropriate erosion control practices shall be implemented pursuant to Chapter 20.720 VMC, Erosion Control.

8. Slash abatement practices shall be implemented pursuant to Vancouver Fire Department standards.

1. Tree is causing obvious, physical damage to private or public property, including but not limited to: sidewalk, curb, road, parking lot, building foundation, roof;

2. Tree has been damaged by past maintenance practices, that cannot be corrected with proper arboricultural practices; or

3. The problems associated with the tree must be such that they cannot be corrected by any other reasonable practice. Including but not limited to the following:

1. The tree must have a combination of structural defects and/or disease which makes it subject to a high probability of failure and is in proximity to moderate-high frequency of persons or property; and

2. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. (Ord. M-4179 § 83, 10/17/2016; Ord. M-3643, 01/26/2004)

1. The tree density may consist of existing trees, replacement trees or a combination of existing and replacement trees, pursuant to the priority established in Section 20.770.070 VMC. Existing tree units in excess of the minimum density may be required to be retained based on the tree, vegetation, and soil plan review standards of 20.770.070. Required street trees may not be counted toward the minimum tree density requirement except as provided in VMC 20.770.070.B.4.f.

2. When trees are retained in tree tract(s) in a residential subdivision, a higher minimum tree density is set based on the nature of the grove(s); provided, that the creation and establishment of tree tract(s) shall not reduce the housing density allowed on the subject sit under applicable requirements of this Title.

1. Tree density calculation for individual trees.

2. Tree density calculations for heavily forested sites.

3. Certain areas of a site are required to be improved or set aside for specific purposes. One major objective of the ordinance is to offset the impacts of impervious surfaces with tree canopy. For required pervious areas where trees cannot reside, such as drainage facilities and ball fields, the tree canopy is not critical and therefore, these areas are excluded from the tree density calculation.

4. The required minimum tree density for an applicable parcel is 30 tree units per acre, unless it is a Conversion Option Harvest Forest Practice which will require a minimum of 200 tree units per acre. For proposed additions or site disturbances on existing commercial, industrial, multi-family sites the required minimum tree density is 30 tree units per acre of site disturbance. Specific tree density calculations and replacement tree standards are delineated in the Urban Forestry Manual.

5. Trees required in order to meet minimum tree density shall be planted according to the following priority: