(1) Introduction. Trees are integral to Woodinville’s community character and protect public health, safety, and general welfare. Protecting, enhancing, and maintaining healthy trees, groves of trees and vegetation are key community values. The City’s goal is to achieve an overall tree canopy coverage of 40 percent. Healthy trees and vegetation contribute to Woodinville’s quality of life through reducing soil erosion and land instability; improving air quality; providing protection from severe weather conditions; providing habitat and food supply for fish and wildlife; enhancing property values and contributing to Woodinville’s natural beauty, aesthetic character, and livability.

(2) Purpose. The purpose of this chapter is to establish processes and standards to provide for the retention, protection, preservation, replacement, proper maintenance, and use of significant trees and woodlands located in the City of Woodinville. The intent of this chapter is to:

(a) Maintain and enhance canopy coverage provided by native trees for their benefits;

(b) Preserve and enhance the City of Woodinville’s environmental, economic, and community character with mature landscapes;

(c) Promote site development practices that work to avoid removal, destruction, or disturbance to significant trees, groves of trees, and the City’s natural vegetation;

(d) Mitigate the consequences of required tree removal in land development through on- and off-site native or naturalized tree replacement to achieve an overall healthy tree canopy cover of 40 percent citywide over time;

(e) Encourage tree retention efforts by allowing flexibility with respect to certain other development requirements;

(f) Implement the goals and objectives of the City’s Comprehensive Plan;

(g) Implement the goals and objectives of the State Environmental Policy Act (SEPA). (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) General. Tree removal, trimming, or vegetation clearing within the City limits shall be conducted in accordance to this chapter regardless of whether a permit is required.

(2) Permit Required. Removal of trees not exempted in WMC 21.50.030 shall require a tree permit. Tree permits shall be processed as a Type I decision pursuant to WMC 21.82.150.

(3) Trimming and Maintenance. Tree trimming, pruning, or maintenance conducted in conformance with WMC 21.50.130 shall not require a tree permit.

(4) Removal of heritage or specimen trees shall not be permitted except under the City’s Heritage Tree Program. (Ord. 782 § 14, 2025; Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) Exemptions. The following activities are exempt from the provisions of this chapter:

(a) Any tree that poses a high or extreme risk according to ISA tree risk assessment to life or property, due to a storm event such as a wind storm or ice storm, may be removed without first obtaining a permit. The party removing the tree shall document the high or extreme risk assessment and contact the City Tree Official within seven days of removal to provide documentation of threat for approval of exemption.

(b) Trees may be removed by the City or utility provider in situations involving immediate danger to life or property, interruption of services provided by a utility, or if the necessary utility clearance pruning will remove greater than 50 percent of the tree canopy.

(c) A nursery or tree farm owner may remove trees that are grown for commercial Christmas or landscape tree sales.

(d) Removal of trees with a diameter-at-breast-height of less than two inches.

(e) Removal of nonsignificant trees (diameter-at-breast-height of less than six inches) with a combined maximum of diameter-at-breast height of less 40 inches within a 12-month period.

(f) Trees within the public right-of-way, and trees removed as part of a City construction project, shall be subject to the requirements of Chapter 2.24 WMC.

(g) Remodels or maintenance activities that do not remove trees and do not alter or expand to the footprint of a structure, provided tree protection measures are in place consistent with this chapter.

(h) Tree removal in multifamily, commercial, industrial, and public/institutional zones (R-12 through R-48, CBD, NB, GB, I, or TB zones), except for heritage and specimen trees, shall be subject to Chapter 21.36 WMC.

(i) Tree trimming, pruning, or maintenance conducted in conformance with WMC 21.50.130. (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) Fund Established. A City Tree Fund is established for the collection of any funds used for the purpose and intent set forth by this chapter.

(2) Funding Sources. The following funding sources may be allocated to the City Tree Fund: payments received in lieu of supplemental plantings; civil penalties collected pursuant to this chapter; agreed-upon restoration payments or settlements in lieu of penalties; sale of trees or wood from City property; donations and grants for tree purposes; sale of seedlings by the City; and other monies allocated by City Council.

(3) Funding Purposes. The Public Spaces Commission shall provide recommendations with each budget to the City Council for approval of how the fund will be allocated. The City shall use money received pursuant to this section for the following purposes:

(a) Acquiring, maintaining, and preserving wooded areas within the City;

(b) Planting and maintaining trees within the City;

(c) Identification and maintenance of heritage trees;

(d) Establishment of a holding public tree nursery;

(e) Urban forestry education;

(f) Urban forest canopy coverage assessment; or

(g) Other purposes relating to tree and woodland protection and enhancement as determined by the City Council. (Ord. 675 § 16, 2018; Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) When Required. Unless otherwise exempted in WMC 21.50.030, a development project requiring a construction permit or any proposal to remove trees subject to this chapter shall obtain a tree permit.

(2) Submittal Materials. The following materials are required to obtain a tree permit. The City Tree Official shall have the authority to waive certain application materials if the item is not necessary to evaluate a specific proposal for consistency with this chapter.

(a) Tree permit application, completed and signed by the property owner.

(b) Site plan prepared by an engineer, surveyor, arborist, or other qualified professional, showing the following:

(i) Location of all existing and proposed structures, construction limits, easements, utility lines, and construction tree protection barriers consistent with WMC 21.36.100(5)(a);

(ii) Location of all trees above three inches at diameter-at-breast-height (DBH) within 50 feet of the construction limits, including size and species;

(iii) Identification of all trees to be removed and/or relocated;

(iv) Location of temporary tree protection fencing, signage, material storage, silt fencing, and other construction details as necessary;

(v) Existing and proposed topography at five-foot intervals; and

(vi) Location of all critical areas and buffers.

(c) Replanting plan, showing the following:

(i) Location of proposed structures and retained trees;

(ii) Location of proposed replacement trees and/or vegetation, including species, size, and spacing;

(iii) Location and design of other landscape restoration measures;

(iv) A planting schedule that indicates species, quantity, size, spacing, and tree density calculations for replanted trees; and

(v) Irrigation system, including location and specifications; and

(d) Arborist report or professional recommendation, evaluating the following:

(i) Inventory of all impacted trees, including size, species, dripline, and critical root zone. The inventory must include all trees proposed for removal, any trees within 50 feet of the construction limits on the subject property and any neighbor’s trees with canopy overhanging the construction limits. Written evaluation of anticipated impacts to tree health and viability resulting from construction, including any impacts to critical root zones;

(ii) Information on compliance with coverage requirements, including a calculation of tree canopy or replanting schedule;

(iii) Evaluation of impacts on dripline and critical root zone of trees on adjoining properties;

(iv) Suggested location and species of supplemental trees, maintenance, and planting specifications consistent with WMC 21.50.100;

(v) Recommendations on tree protection measures consistent with WMC 21.36.100(5) and corresponding to the site plan in subsection (2)(b) of this section;

(vi) Special instructions for working within the protection area, including, but not limited to, hand-digging, tunneling, root pruning, and minimizing grade changes;

(vii) Information on any required on-site supervision during construction;

(viii) Information on maintenance including duration, benchmarks for success, cost estimates, and financial guarantees/bonding; and

(ix) If applicable, assessment and designation of a hazard or nuisance tree. (Ord. 737 § 18, 2022; Ord. 589 § 2, 2016)

(1) Minimum Tree Density Required. Any proposal subject to a tree permit pursuant to WMC 21.50.050(1), except as provided for single-family lots subject to WMC 21.50.070, shall be required to meet minimum tree density of 70 tree credits per acre for residential zone R-1 and 50 tree credits per acre for residential zones R-4 through R-8. Minimum tree density shall be calculated by multiplying the required tree density by the lot area. Nonresidential uses are required to meet the landscape standards pursuant to Chapter 21.36 WMC.

(2) Area Calculation. For the purposes of calculating required minimum tree density, right-of-way, and areas to be dedicated as right-of-way, shall be excluded from the lot area used for calculation of tree density.

(3) Tree Density Credit Calculation. The minimum tree density credits are calculated through a tree credit calculation using Table 21.50.060(3). The tree credit calculation is the sum of all retained existing trees and any supplemental tree plantings. If a site falls below the minimum tree density with existing trees, supplemental planting shall be required pursuant to WMC 21.50.090. The tree credit value shall correspond with diameter-at-breast-height in Table 21.50.060(3):

(a) Tree diameter inches shall be determined in diameter-at-breast-height, which is the diameter of the tree as measured four and one-half feet off the ground for existing trees and six inches off the ground for new plantings. The measured tree diameter shall be its size at the time of permit submittal.

(b) For multi-trunk trees splitting at the ground level, the tree diameter inches shall be determined by taking the square root of the sum of all squared stem caliper.

(c) Existing trees transplanted to an area on the same site may count toward the required density if approved by the City Tree Official based on transplant specifications provided by a qualified tree professional that will ensure a good probability for survival.

(d) Trees shall be planted in accordance with WMC 21.50.100. On sites where additional plantings are not feasible due to spacing or other site constraints, an applicant may satisfy the minimum tree density requirement through payment into the City Tree Fund pursuant to WMC 21.50.100(4)(f). (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) Sites with No Construction. This section shall apply only to lots located within single-family residential zones (R-1 through R-8) where no exterior construction or demolition, grading, material storage, or other development activity is proposed, and no development permit application is pending or approved for the subject property.

(2) Performance Requirements. Tree removal on single-family residential zone sites with no construction shall meet the following:

(a) On any single legal parcel, up to two trees may be removed per 12-month period or four trees per 24-month period. Tree removal shall comply with minimum tree density requirements of this chapter or complete replacement plantings; provided, that no replacement planting or minimum tree density compliance is required for the first two tree removal permits issued under this subsection, regardless of any change in ownership, after December 1, 2016, provided the following is met:

(i) Tree removal does not include heritage or specimen trees; and

(ii) Tree removal is located outside of all critical areas and its buffer, NGPA or shared ownership tracts subject to WMC 21.50.090.

(b) Removal of more than two trees per 12-month period or four trees per 24-month period shall only be permitted under the discretion of the Development Services Director for the purposes of tree thinning or removal of dead, nuisance, hazard trees. Tree thinning is the selective removal of trees to improve health of remaining trees, and shall apply to existing trees planted less than seven feet on-center or at the recommendation of an arborist. Tree removal shall require compliance with the minimum tree density or replacement at a rate of three trees per each removed tree.

(3) Future Development. Any development triggering a construction permit on a single-family lot shall be required to comply with this chapter. If tree removal under this section results in a site that falls below the minimum tree density, supplemental plantings meeting the requirements of WMC 21.50.100 shall be required. (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) Subdivisions and Short Subdivisions. This section applies to tree removal associated with applications for subdivision or short subdivision.

(2) Performance Requirements. Tree removal on lots undergoing subdivision or short subdivision shall meet all of the following:

(a) The overall site must achieve the minimum tree density pursuant to WMC 21.50.060.

(b) The site shall retain at least 10 percent of the tree density credits of all existing healthy, viable significant trees within the property boundaries prior to subdivision or construction work.

(i) This requirement may be reduced for preservation of groves with five or more trees consistent with WMC 21.50.110.

(ii) In certain circumstances where tree removal results in less than 10 percent of tree density credits retained due to site conditions, infrastructure conflicts, or other conditions beyond the applicant’s control, the City Tree Official may grant an exception. The applicant shall pay for the remaining tree density credits at double the rate specified in WMC 21.50.100(4)(f) in addition to any other payment required by this chapter.

(c) Prior to issuance of a certificate of occupancy or plat recording, the proponent shall provide a final as-built tree plan and an agreement to maintain and replace all trees that are required by the City.

(d) The applicant shall submit a preservation and maintenance agreement for trees located in common areas, including streets, drainage features, parks, or other jointly maintained spaces. The document shall be approved and recorded prior to occupancy, recording, or final inspection.

(e) When forest or critical areas are preserved in a native growth protection area (NGPA) tract pursuant to WMC 21.51.050(5), any remaining tree credits within the NGPA above the required minimum tree density may be applied towards the entire subdivision. The remaining tree credits will be equally divided among the total number of lots. Where the tree credits in the NGPA have not been determined, the minimum tree density shall apply to each lot within the subdivision.

(f) A final arborist report shall be submitted at the end of the project verifying the total trees removed, retained, and planted, prior to release of the performance bond.

(g) Street trees shall be planted at an average of 25 feet on center consistent with WMC 2.24.100.

(h) Subdivisions that abut arterial streets shall provide additional tree plantings at a rate of one tree per 25 feet in the street setback for the arterial. (Ord. 784 § 13, 2025; Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) Tree Removal in Critical Areas. Within critical areas or critical area buffers, only hazard, nuisance, or dead trees may be removed or trimmed. If more than two trees are removed, the City Tree Official may require submittal of a critical areas alteration pursuant to Chapter 21.50 WMC.

(a) Tree removal proposed within a NGPA or an area under common ownership shall meet tree density requirements pursuant to WMC 21.50.060. The applicant shall obtain signatures from a majority of owners who hold interest in the land or if applicable, approval from the homeowner’s association.

(b) The priority action for a tree proposed for removal is to create a “snag” or wildlife tree. If creating a snag or wildlife tree is not feasible, the felled tree shall be left in place.

(c) Supplemental trees shall be planted consistent with WMC 21.50.060 and 21.50.100. The requirements may be modified if a qualified tree professional determines to the satisfaction of the City Tree Official that equal or better habitat function and values can be achieved through the following:

(i) Native understory plantings are installed;

(ii) Invasive species removal is conducted;

(iii) A coverage analysis is submitted stating that the replanted trees will have equal or better coverage than the trees removed within 15 years; and

(iv) A replanting plan is submitted. (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) Supplemental Trees. Sites and activities requiring supplemental trees shall be planted to achieve the required minimum tree density. Tree density credits for supplemental trees shall be calculated pursuant to WMC 21.50.060.

(2) Tree Species. The tree species chosen for the supplemental plantings shall either be trees of the same mix of species as the removed trees or mix of species listed in the Woodinville Plant Species List. Trees should be selected and sited to produce a hardy and drought-resistant landscape area.

(3) Tree Size and Spacing. The required minimum size for any supplemental tree is two-inch caliper or greater for deciduous species and six feet or taller for coniferous species. Trees shall be spaced appropriately based on the Woodinville Plant Species List.

(4) Tree Location. In designing a development and in meeting the required minimum tree density, the trees shall be planted in the following order of priority:

(a) Adjacent to preserved groves, critical areas or its buffers;

(b) Adjacent to stormwater facilities, within entrance landscaping, traffic islands, and other common areas in residential subdivisions that have enough area to support mature trees of the planted species;

(c) Site perimeter and/or required landscaped setbacks;

(d) Individual building lots;

(e) Off site, when room is not available on site to ensure long-term health and viability for the trees. Trees shall be planted at another location within 2,500 feet of the subject site where the trees were removed and as approved by the City Tree Official; and

(f) If trees cannot be planted in accordance with subsections (4)(a) through (e) of this section, the applicant may satisfy the requirements by paying into the City Tree Fund $500.00 per tree credit.

(5) Installation. All required trees shall be installed according to sound horticultural practices in a manner designed to encourage quick establishment and healthy plant growth.

(a) Timing. All trees shall be installed prior to the issuance of a certificate of occupancy or plat recording. The time limit for compliance may be extended to allow installation during the next planting season or deferred due to diseased soil or pest infestation. A determination shall be made at the discretion of the City Tree Official. Deferred installation shall be secured with a performance bond pursuant to Chapter 15.42 or 21.92 WMC.

(b) Placement. All supplemental trees shall be located at least seven feet from the property lines, and shall be installed in the ground and not in aboveground containers.

(c) Grading. Berms shall not exceed a slope of two horizontal feet to one vertical foot (2:1).

(d) Soil Specification. Soils in planting areas shall have adequate porosity to allow root growth and adequate drainage. Compacted soils shall be loosened to a minimum depth of 24 inches or to the depth of the largest plant root ball, whichever is greater. Imported topsoils shall be tilled into existing soils to prevent a distinct soil interface from forming.

(e) Soil Fertility. The organic content of soils in any planting area shall be as necessary to provide adequate nutrient and moisture-retention levels for the establishment of plantings. Additional fertilization shall be the minimum necessary.

(f) Irrigation. Irrigation system shall be designed to ensure plant establishment. Irrigation shall be designed to conserve water by using best management techniques available, including, but not limited to: drip irrigation; moisture sensors; automatic controllers; spacing designed to minimize overspray; and separate zones for different planting areas.

(i) Within rights-of-way and common areas, permanent irrigation with an automatic controller shall be installed for tree plantings. Temporary irrigation, providing sufficient water to ensure plant survival and establishment, may be approved at the discretion of the City Tree Official.

(ii) For individual residential lots, the applicant may choose permanent irrigation, temporary irrigation, or irrigation by hand.

(iii) Modifications to the irrigation requirement may be approved by the City Tree Official for less water-intensive strategies such as planting native vegetation that does not require supplemental irrigation, low impact development, established native plant material, or where natural appearance is acceptable or desirable to the City.

(g) Mulch. Required plantings shall be covered with two inches or more of organic mulch to minimize evaporation and runoff. Mulch shall consist of materials such as yard waste, sawdust, bark or wood chips, and/or organic compost. All mulches shall be kept at least six inches away from the trunks of shrubs and trees.

(h) Protection. All required trees must be protected from potential damage by adjacent uses and development, including parking and storage areas. Protective devices such as bollards, wheel stops, trunk guards, and root protection barriers shall be required in the right-of-way or in common areas as needed to protect required trees. (Ord. 720 § 22, 2021; Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) Additional Density Credits. The applicant may earn additional tree density credits through alternate measures or procedures that will be equal to or better than the provisions in this chapter. If the City Tree Official determines that the proposal meets the purpose and intent of the code through alternative compliance, the Official may grant tree density credits for alternative measures.

(2) Criteria. The City Tree Official shall review each alternative compliance request based on the following criteria:

(a) The alternative is designed to ensure the long-term health and maturity of the tree;

(b) The alternative will provide increased environmental benefits including natural function and value beyond the standard requirements;

(c) If applicable, the alternative will enhance or improve critical areas or NGPA areas;

(d) The alternative will not increase soil erosion, slope instability, nor create drainage issues; and

(e) The alternative provides equivalent or greater compliance with the tree code.

(3) Qualifying Activities. The following activities or strategies may qualify for alternative compliance:

(a) Retention of specimen or heritage trees and groves of at least five trees may earn up to an additional 10 percent of the tree credits of the subject tree or grove.

(b) Green roofs may earn up to one tree credit for every 200 square feet up to a maximum of 10 tree credits.

(c) Planting 200 square feet of understory landscaping within the canopy area of each supplemental tree may earn up to 15 percent of the tree credits for the subject tree. Understory landscaping must include shrubs that will mature to a full range of understory plant heights, 18 inches to 15 feet tall or greater. (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) Tree protection measures shall be installed prior to development activity or initiating tree removal on the site. These standards must be adhered to and included on grading and building plans as necessary. A pre-construction meeting on site between the City Tree Official and the contractor shall be held prior to site disturbance.

(2) Tree protection measures shall include, but are not limited to, the following:

(a) Protective Barrier. A visible temporary protective fencing extending to the edge of the critical root zone of all retained trees shall be installed prior to site disturbance and maintained until removal is authorized by the City Tree Official. Fences shall be constructed of chain link and be at least four feet high, unless other type of fencing is authorized by the City Tree Official. Visible signs shall be spaced no further than 25 feet along the entirety of the protective tree fence. Said signs must be approved by the City Tree Official and shall state at a minimum “Tree Protection Area, Entrance Prohibited” and provide the City phone number for code enforcement to report violations.

(b) Construction Activities. No excavation, storage, parking, construction vehicle access, dumping of toxic or polluted materials, or other potentially damaging activity is allowed within the protective barrier. If construction activity within the protective barrier is unavoidable, the City Tree Official may allow such activities approved by and the following activities under the supervision of a qualified tree professional retained by the applicant:

(i) Equipment may be authorized to operate within the critical root zone, if no other alternative is feasible. The areas adjoining the critical root zone of a tree shall be covered with mulch to a depth of at least six inches, or with plywood, metal or similar material in order to protect roots from damage caused by heavy equipment.

(ii) Utility trenches should be located outside of the critical root zone of trees. If utilities must be placed within the critical root zone, a qualified tree professional shall review the proposal to ensure the long-term viability of the trees. The work shall minimize root damage by excavating a two-foot-deep trench, at edge of critical root zone, to cleanly sever the tree roots.

(iii) Corrective pruning may be performed on protected trees in order to avoid damage from machinery or building activity.

(iv) Site grading within the critical root zone shall be the minimum necessary. The applicant’s qualified tree professional shall establish the maximum amount of earthwork allowable in the critical root zone that will not imperil the survival of the tree. Suitability of activities shall be based on construction techniques, erosion potential, damage to the critical root zone, stabilization techniques, and other similar factors.

(c) Exposed Soils. Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing activities shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground covers, and stumps be maintained on the individual lots, where feasible.

(d) Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention. Any trees designated for preservation, per the approved tree plan, that are significantly damaged or destroyed during felling of trees approved for removal shall be replaced per WMC 21.50.060.

(e) Additional Requirements. The City Tree Official may require additional tree protection measures that are consistent with accepted urban forestry practices. (Ord. 611 § 8 (Att. A), 2016; Ord. 589 § 2, 2016)

(1) The following maintenance requirements apply to all trees planted or preserved consistent with this chapter:

(a) Responsibility for Regular Maintenance. The applicant, landowner, or successors in interest shall be responsible for the regular maintenance of the trees. Maintenance of all landscaping installed as part of a development project within the right-of-way shall be the responsibility of the abutting property owner unless alternative conditions are approved by the City.

(b) Replacement. Trees that are dead and removed shall be replaced in-kind by the property owner, unless the site meets the tree density credit. Plantings shall be replaced within three months or during the next planting season if the loss does not occur in a planting season.

(c) Maintenance Duration. Trees shall be maintained for the life of the development. A maintenance guarantee pursuant to Chapter 15.42 or 21.92 WMC shall be secured for a period of three years following the issuance of the certificate of occupancy or plat recording.

(d) Maintenance of Preserved Grove. Any applicant who has a grove of trees identified for preservation on a site plan shall provide prior to occupancy or plat recording the legal instrument acceptable to the City to ensure preservation of the grove and associated vegetation. The agreement may be extinguished if the City Tree Official determines that preservation is no longer appropriate.

(e) Non-Native Invasive and Noxious Plants. It is the responsibility of the property owner to remove non-native invasive plants and noxious plants. Removal must be performed in a manner that will not harm the tree or other vegetation that the City has required to be planted or protected.

(f) Pesticides, Herbicides, and Fertilizer. The use of pesticides, herbicides, or fertilizer shall be by special approval of the City Tree Official only.

(2) Planting Plans and Utility Plans. Planting plans and utility plans shall be coordinated. In general, the placement of trees should be adjusted based on the tree’s mature size and to the location of utility routes both above and below ground.

(3) Tree Pruning. Topping or pruning to the extent that would constitute tree removal as defined in WMC 21.11A.210 is prohibited. If a supplemental tree smaller than six inches in diameter-at-breast-height is topped, it must be replaced pursuant to the standards in WMC 21.50.100. If a supplemental tree six inches or larger in diameter-at-breast-height is topped, the property owner may be subject to enforcement actions pursuant to WMC 21.50.140. Trees may be windowed or limbed up using best management practices. This method of tree pruning shall maintain the health of the tree.

(4) Pruning Techniques. The following techniques for healthy pruning shall be used. No permit is required for pruning; however, all pruning should be done under the direction of a qualified tree professional and adhere to the ANSI A300 pruning standards.

(Ord. 737 § 19, 2022; Ord. 589 § 2, 2016)

In addition to the enforcement provisions set forth in Chapters 1.06 and 21.12 WMC, the following shall apply to enforcement of the tree code:

(1) Tree Restoration. A restoration plan and arborist report shall be submitted that results in a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the violation(s). The restoration plan shall be prepared in accordance with WMC 21.50.070 and include supplemental trees equal to the number of tree credits illegally removed.

(a) In the event the violators cannot restore the unlawfully removed or damaged trees due to site conditions as determined by the Director, the violators shall make payment to the City Tree Fund. Unless otherwise determined to base the restoration costs on appraised value, the amount paid will be the City’s unit cost for a restoration tree as calculated in WMC 21.50.100(4)(f).

(b) Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with this chapter.

(c) In cases where the violator intentionally or knowingly violated this chapter or committed previous violations of this chapter, restoration costs shall be paid at the discretion of the Director. Restoration costs may be based on the City-appraised tree value of the subject trees in which the violation occurred, utilizing the industry standard trunk formula method in the current edition of “Guide for Plant Appraisal.” If diameter of removed tree is unknown, determination of the diameter size shall be made by the Director by comparing size of stump and species to similar trees in similar growing conditions. The amount of costs above the approved restoration plan will be paid into the City Tree Fund.

(2) Failure to Restore or Pay Fines. The City shall not approve any application for a subdivision, short subdivision, or any other development permit or approval or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. (Ord. 685 § 22, 2019; Ord. 589 § 2, 2016)

The purpose of this chapter is to designate critical areas and to establish standards for the protection of their functions and values in compliance with the Washington State Growth Management Act (Chapter 36.70A RCW) and the goals and policies of the Woodinville Comprehensive Plan. Included but not limited in this purpose statement are the following:

(1) Achieve no net loss of core preservation areas within fish and wildlife habitat conservation areas, which includes riparian corridors, and minimize impacts to and retain quality habitat areas, and protect species of concern, priority species, and species of local importance;

(2) Avoid wetland impacts and achieve a goal of no net loss of wetland function, value, and acreage; and where possible enhance and restore wetlands;

(3) Achieve no net loss of structure, value, and functions of natural systems within frequently flooded areas;

(4) Protect critical aquifer recharge areas by avoiding land use activities that pose potential contamination, and minimize impacts to recharge areas through the application of performance standards;

(5) Avoid and minimize potential impacts to life and property from geologic hazards such that sites are rendered as safe as those not containing such hazard through the application of the appropriate levels of study and analysis and sound engineering principles; and

(6) Protect critical areas in accordance with the Growth Management Act and through the application of best available science, as determined according to WAC 365-195-900 through 365-195-925, and in consultation with State and Federal agencies and other qualified professionals. (Ord. 784 § 14 (Att. A), 2025)

(1) This chapter shall not repeal, abrogate, or impair any existing regulations. However, where this chapter imposes more protective requirements for the environment, the requirements of this chapter shall prevail.

(2) Compliance with this chapter does not constitute compliance with other Federal, State, and local regulations and permit requirements (e.g., shoreline permits, HPA permits, Army Corps of Engineers Section 404 permits and 401 certifications, Ecology Administrative Orders, or NPDES permits). The applicant is responsible for complying with other requirements apart from the requirements established in this chapter.

(3) If the buffers for two or more contiguous critical areas overlap (such as a riparian management zone for a stream and a wetland buffer), the overlapping buffer area that extends the furthest out at any given point shall apply.

(4) If application of this chapter would deny all reasonable use of the subject property, the owner may apply for a reasonable use permit pursuant to WMC 21.84.030. Variances to the strict requirements of this chapter shall not be granted, except as prescribed in subsection (5) of this section.

(5) If application of this chapter would prohibit a development proposal by a public agency or public utility, the public agency or public utility may apply for a public entity critical area exception pursuant to WMC 21.84.030. (Ord. 784 § 14 (Att. A), 2025)

(1) Compliance. The provisions of this chapter apply to all land uses and activities within the City limits, except where the shoreline critical areas regulations apply pursuant to WMC 21.77.030. No permit or authorization shall be approved or issued to alter the conditions of any land, water, or vegetation, or to construct or alter any structure or improvements without first complying with the requirements of this chapter.

(2) Alterations. Any human activity that results or is likely to result in an impact upon the existing condition of a critical area or its buffer is an alteration subject to this chapter. Alternations include, but are not limited to, grading, filling, channelizing, dredging, clearing to include clearing vegetation, construction, compaction, excavation, or any other activity that changes the character of the critical area. Alterations that are excluded from this chapter include walking, fishing, other passive recreational activities, and other similar activities whose impacts are de minimis.

(3) Critical Area Maps. The City’s critical area map is for reference only and serves as a guide to identify possible critical areas on a site. Site-specific investigation and analysis are required to determine the actual presence or absence of the features that define critical areas. The Department will maintain the latest critical areas maps and may update them as new information becomes available. The critical area maps shall include, but are not limited to the current adopted versions of the following:

(a) Federal Emergency Management Administration flood insurance rate maps;

(b) U.S. Geological Survey landslide hazard, seismic hazard, and volcano hazard maps;

(c) Washington Department of Natural Resources seismic hazard maps for Western Washington;

(d) Washington Department of Natural Resources slope stability map;

(e) National Wetlands Inventory;

(f) Washington Department of Fish and Wildlife Priority Habitat and Species maps;

(g) Other critical area maps adopted by the City of Woodinville, including the Critical Aquifers Recharge Areas map and Geologically Sensitive Areas map. (Ord. 784 § 14 (Att. A), 2025)

Critical Area Allowances. The following development, activities and associated uses may be allowed in critical areas and their buffers without the need for a critical area review process:

(1) Emergency actions necessary to prevent an immediate threat to public health, safety, and welfare or that pose an imminent risk of damage to public or private property and that require remedial or preventive action in a time frame too short to allow for compliance with the requirements of this chapter. Emergency actions are required to use reasonable methods to address the emergency with the least possible impact on the critical area. Alterations undertaken pursuant to this subsection shall be reported to the City immediately. The impacted critical areas and their buffers shall be fully restored in accordance with a critical areas report and mitigation plan.

(2) Minor site investigative work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where:

(a) Such activities do not require construction of new roads or significant amounts of excavation; and

(b) The disruption to the critical area shall be minimized and the disturbed areas immediately restored.

(3) Passive recreation, educational and scientific research that does not degrade critical areas or critical area buffers and that does not involve clearing or other types of construction activity.

(4) Construction or modification of navigational aids and boundary markers.

(5) Maintenance, operation, repair or replacement of publicly improved roadways or recreation areas; provided, that any such alteration does not: (a) involve the expansion of structures or related improvements into previously unimproved areas horizontally and in depth, and (b) result in an alteration of a critical area.

(6) Normal maintenance, remodels or repairs of existing structures and facilities, or legal preexisting and ongoing uses/operations of a site, provided there is no further intrusion into a critical area or its buffers, including no increases to the size of previously approved building footprints within the critical area or its buffer, and there is no significant increase in risk to life or property as result of the action.

(7) Replacement, modification, installation or construction of streets and utilities in existing developed utility easements, improved street rights-of-way, or developed private streets if the activity does not further permanently alter or increase the impact to or encroach further within a critical area or buffer and must utilize best management practices. Utilities under this provision include water and sewer lines, stormwater facilities, and franchise (private) owned utilities such as natural gas lines, telecommunication lines, cable communication lines, electrical lines and appurtenances associated with these utilities.

(8) Public and private trails designed for nonmotorized traffic only if:

(a) There is no practicable alternative that would allow placement of the trail outside of critical area or critical area buffer;

(b) The trail surface shall meet all other requirements including water quality standards;

(c) Trails proposed in stream or wetland buffers shall be in the outer 25 percent of the buffer area, except where bridges or access points are proposed;

(d) Stream and wetland buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas;

(e) Trail corridors in critical areas and buffers shall not exceed eight feet in width; and

(f) Trails proposed to be in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report.

(9) The select removal of vegetation as follows:

(a) The removal of invasive weeds, including, but not limited to, Himalayan blackberry, evergreen blackberry, ivy, holly, laurel, Japanese knotweed, and other species on the King County Noxious Weed List, provided the appropriate erosion-control measures are used, and the area is replanted with native vegetation;

(b) The cutting and removal of trees from critical areas and buffers that are hazardous and pose a threat to public safety, or pose an imminent risk of damage to private property provided the provisions in this chapter are followed;

(c) Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW, if the removed vegetation is replaced in-kind or with similar native species within one year in accordance with an approved restoration plan prepared by a qualified professional.

(10) Conservation, preservation, restoration and/or enhancement that includes the following:

(a) Conservation and/or preservation of soil, water, vegetation, fish and/or other wildlife that does not entail alteration of the location, size, dimensions, or functions of an existing critical area and/or buffer; and/or

(b) Restoration and/or enhancement of critical areas or buffers if the actions: (i) provide a net ecological gain to the existing ecosystem functions and values of the critical area or buffer; (ii) avoid disturbance to existing native vegetation and wildlife habitat, unless such disturbances is necessary to restore the area; (iii) may increase the dimensions or size of a buffer if the adjustments result in improved ecological functions; and (iv) are implemented according to a restoration and/or enhancement plan that has been approved by the appropriate City staff.

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

(12) Minor activities not listed above and determined by the Director to have a de minimis impact on a critical area. (Ord. 784 § 14 (Att. A), 2025)

The requirements set forth in this section apply to all critical areas and critical area buffers regulated by this chapter.

(1) Avoid Impacts.

(a) A proposal for development, use or activity must avoid all impacts that result in a net loss of critical area ecosystem functions and values. In the case of geologically hazardous areas, the development, use or activity must avoid all impacts resulting in an unacceptable level of risk.

(b) Unless allowed differently by other provisions of this chapter:

(i) If alteration to a fish and wildlife habitat conservation area, wetland and/or associated buffers are proposed, all impacts to the critical areas caused by the development, use or activity proposal must be mitigated in accordance with mitigation sequencing prescribed as follows:

(A) Avoiding the impact altogether by not taking certain actions or parts of actions;

(B) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

(C) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

(D) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(E) Compensating for the impact by replacing or providing substitute resources or environments; and/or

(F) Monitoring the impacts and taking appropriate corrective measures; or

(ii) If any impacts to critical areas or their buffers are proposed, the following are examples of some actions that might be considered to satisfy avoiding the impact before considering other mitigation sequencing options:

(A) Alternative building locations on the property;

(B) Adjustments to project footprints and orientation;

(C) Modification of building and structure setbacks, if authorized; and/or

(D) Alternative building design.

(iii) If alteration to a geologically hazardous area is proposed, the development, use or activity must comply with a City-approved geotechnical report that assesses the risk to health and safety, and includes recommendations for reducing all risks to an acceptable level through engineering, design, and/or construction practices.

(2) Critical Area Review.

(a) A critical area determination and/or critical area alteration is required for all activities involving alteration on property where indicators of a critical area or a critical area buffer exist. The review procedures are set forth in WMC 21.82.030. If indicators of a critical area or critical area buffer are present on or near a property, the Director may require a qualified professional to evaluate the property and provide a written report to the City on the presence of critical areas or critical area buffers on or near the property.

(b) The Director may condition a proposed alteration as necessary to mitigate impacts to critical areas and/or critical area buffers and to conform to the standards set forth by this chapter.

(c) The Director may require critical area reports under this chapter to be evaluated by an independent qualified professional selected by the City at the applicant’s expense when the Director determines the independent evaluation to be necessary for reviewing a proposal.

(3) Building and Structure Setbacks. A minimum 10-foot setback from the edge of riparian management zones and wetlands including associated buffers is required to provide adequate distance and prevent encroachments into buffer areas to allow for maintenance and repair activity on buildings and structures. Trails, sidewalks, or stormwater facilities may be in the setback provided access for maintenance will not negatively impact the critical area. The Director may approve reductions to this 10-foot setback provided it can be demonstrated adequate measures are in place to prevent encroachment into a riparian area or a wetland or associated buffers.

(4) Notice on Title. To inform subsequent purchasers of real property about the presence of critical areas, the owner of the property containing a critical area or critical area buffer, and on which development is proposed, may be required to file for record with King County Auditor a notice indicating the presence of critical areas and/or critical area buffers. The notice must:

(a) Be in a form approved for recording by both the City and King County Auditor;

(b) State the presence of the critical area and/or critical area buffer on the property;

(c) Run with the land; and

(d) Include a statement to the effect that failure to provide such notice of the presence of critical areas to any purchaser prior to transferring any interest in the property is a violation of the Woodinville Municipal Code.

The City may require the property owner to provide proof that the notice has been filed and recorded within a time frame to be determined by the Director.

(5) Native growth protection areas (NGPA) are required for the following:

(a) A delineated NGPA in accordance with subsections (5)(b) through (5)(f) of this section is required for those development proposals on a property comprised of the following:

(i) New construction and/or reconstruction involving substantial improvement as defined in WMC 21.11A.200; or

(ii) Land divisions set forth in Chapter 21.91 WMC, excluding boundary line adjustments;

(b) A delineated NGPA in the form of a tract is required for the following:

(i) All landslide hazard areas and associated buffers greater than one acre in size, excluding landslide hazard and associated buffer areas approved for development per a geotechnical report accepted by the City;

(ii) All wetlands and wetland buffers;

(iii) All fish and wildlife habitat conservation areas, excluding ponds and lakes greater than one acre in size, and Type S streams; and

(iv) All other lands to be protected from impacts as conditioned by a project approval;

(c) The NGPA tract shall be recorded on all documents of title of record for all affected lots;

(d) An NGPA tract shall be held in an undivided interest by each owner of a lot within the development and this ownership interest shall pass with the ownership of the lot or shall be held by an incorporated homeowners’ association or other legal entity, which assures the ownership, maintenance, and protection of the NGPA tract;

(e) The NGPA tract shall be designated on the face of plat, short plat, binding site plan or other recorded drawing in a format approved by the City and include restrictions consistent with the following:

(i) The NGPA is designated as a protected habitat for fish and wildlife and as such shall be left in its natural state, except as enhancement to improve critical area functions and values that might be provided; and

(ii) Native vegetation shall be preserved in perpetuity within the NGPA to prevent harm to property and the environment;

(iii) The City has the right to enforce NGPA restrictions; and

(iv) The Director may modify these restrictions where it is found that such modifications are reasonable and will better implement the provisions of this chapter; and

(f) The Director may require a restrictive easement to delineate an NGPA, and may authorize an easement in lieu of NGPA tract, provided the conditions set forth in subsection (5)(e) of this section are included in the NGPA and protect the critical area in perpetuity.

(6) Divisions of Lands and Boundary Line Adjustments Containing a Critical Area.

(a) The division of land or alteration of a boundary line involving property containing a critical area, excluding aquifer recharge areas, must comply with the following:

(i) Land located wholly within a critical area, or its buffer may not be divided, excluding geologically hazardous and associated buffer areas approved for development per a geotechnical report accepted by the City;

(ii) Land located partially within a critical area, or its buffer may be divided; provided the developable portion of each new lot and its access is located outside of the areas excluded from development of a critical area or its buffer; and

(iii) Any alteration of property lines must be consistent with subsections (6)(a)(i) and (6)(a)(ii) of this section.

(b) Lot Area Credits. For divisions of land in the R-1 through R-8 zones and involve the placement of the critical area and critical area buffer in a tract as prescribed in subsection (5) of this section, the minimum dimensions of each individual lot for residentially zoned properties may follow the dimensional standards in Table 21.51.050(6).

(c) All other applicable dimensional requirements set forth in Chapters 21.31 and 21.32 WMC shall be followed.

(d) The area of the reduced lot size shall not be constrained by another critical area regulation, except the building and structure setback prescribed in subsection (3) of this section may be included in the minimum lot area.

(e) No portion of a critical area that is excluded from development shall be included in the calculation of minimum lot area.

(f) The lot sizes shall not be averaged pursuant to WMC 21.92.110.

(g) Flag lots are only allowed pursuant to WMC 21.92.030(1)(e). (Ord. 784 § 14 (Att. A), 2025)

(1) If a critical area or critical area buffer might be affected by a proposed development, use, or activity, the applicant shall submit a critical area report to the City meeting the following:

(a) Prepared by a qualified professional;

(b) Incorporate the best available science using scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used; and

(c) Evaluate the proposal and all probable impacts on critical areas in accordance with the provisions of this chapter.

(2) The critical area report shall contain at a minimum the following information:

(a) The applicant’s name and contact information, a project description, and project location;

(b) Project narrative describing the proposal; anticipated temporary and permanent impacts to critical areas and/or buffers; construction activities and sequencing; restoration, enhancement, or mitigation measures; and other relevant information;

(c) A site plan showing:

(i) The development proposal includes the location of existing and proposed structures, fill, storage of materials, drainage facilities, with dimensions and any identified critical areas and buffers within 200 feet of the proposed project; and

(ii) Limits of land areas to be cleared;

(d) Other drawings to demonstrate construction techniques and anticipated final outcomes;

(e) The date the report was prepared;

(f) The names and qualifications of the person(s) preparing the report and documentation of any fieldwork performed to support the analysis;

(g) Identification and characterization of the site and all critical areas and critical area buffers within, and adjacent to, the proposed project area. This information shall include, but is not limited to:

(i) Size or acreage, if applicable;

(ii) Applicable topographic with existing and final grade elevations at two-foot intervals, vegetative, faunal, soil, substrate, and hydrologic characteristics; and

(iii) Relationship with other nearby critical areas;

(h) An assessment of the probable cumulative impacts to critical areas resulting from the proposed development;

(i) An analysis of site development alternatives;

(j) A description of reasonable efforts made to apply mitigation sequencing pursuant to subsection (1)(b)(i) of this section to avoid or compensate for impacts to critical areas functions and values provided by the critical areas;

(k) Plans for mitigation in accordance with WMC 21.51.070; and

(l) Other information required as specified in this chapter.

(3) The applicant may consult with the Director prior to or during preparation of the critical area report to have waived or modified the required contents of the critical area report when in the judgment of the Director such modification will still adequately address the potential critical area impacts and required mitigation.

(4) The Director may require the applicant to provide additional information in the critical area report, and/or may require the critical area report to include an evaluation by an independent qualified expert when in the judgment of the Director to be necessary to review the proposed activity in accordance with this chapter.

(5) When a critical area report is required, it must be submitted to the City during application submittal as a required component of determining application completeness. Applicants are encouraged to submit their critical area report for review by the City prior to submitting other project permit applications.

(6) A permit or approval sought as part of a development proposal for which multiple permits are required may use a previously approved critical area report provided:

(a) There is no material change in the development proposal since the prior review;

(b) There is no new information available that would change the evaluation of the critical area review of the site or of a particular critical area; and

(c) No more than five years for reports involving wetlands or fish and wildlife habitats, and seven years for reports involving all other critical areas has lapsed since the report was first approved by the City. (Ord. 784 § 14 (Att. A), 2025)

(1) Mitigation.

(a) Mitigation shall be in kind and on site, where feasible, and sufficient to maintain critical areas and critical area functions and values, and to prevent risk from hazards posed by a critical area.

(b) Required mitigation shall satisfy the following performance standards:

(i) One hundred percent survival of installed vegetation and less than 10 percent of the mitigation area covered in invasive species within the first two years of planting;

(ii) At least 50 percent vegetation coverage for installed vegetation after three years or more;

(iii) Less than 20 percent of the mitigation area covered by invasive species after three years or more; and

(iv) No infestation of knotweed at any time during the duration of the program period.

(c) Mitigation may not be implemented until after the City approval of the applicable critical area report and mitigation plan. Mitigation must be implemented in accordance with the approved critical area report and mitigation plan.

(2) Mitigation Sequencing.

(a) Pursuant to WMC 21.51.050(1), applicants must demonstrate all reasonable efforts have been examined with the intent to avoid, or if that is not possible, minimize and then mitigate impacts on critical area functions and values as provided by the critical areas.

(b) When an alteration to a critical area and/or critical area buffer is proposed, such alteration shall follow the mitigation sequencing set forth in WMC 21.51.050(1).

(3) Mitigation Plan. Where mitigation is required, the applicant shall have a qualified professional prepare a mitigation plan that is submitted to the City and that is additional to the critical area report set forth in WMC 21.51.060. Approval of the mitigation plan consistent with this chapter is required to be obtained from the City.

(4) Mitigation Plan Content. The mitigation plan shall include the following:

(a) Descriptions of existing critical area and critical area buffer conditions, critical areas functions and values provided by the critical area, and the anticipated impacts;

(b) A description of proposed mitigating actions and mitigation site selection criteria;

(c) A description of the goals and objectives of proposed mitigation relating to impacts on critical areas functions and values provided by the critical area;

(d) A review of the best available science supporting proposed mitigation, and a description of the qualified professional’s experience in restoring or creating the type of critical area proposed, and an analysis of the likelihood of success of the mitigation project;

(e) A description of specific measurable criteria for evaluating whether the goals and objectives of the mitigation plan have been successfully attained and whether the requirements of these critical area regulations have been satisfied;

(f) Detailed construction plans as applicable including site diagrams, cross-sectional drawings, topographic elevations at one- or two-foot contours, slope percentage, final grade elevations, and any other drawings appropriate to show construction techniques or anticipated outcomes;

(g) A maintenance and monitoring program containing, but not limited to the following information:

(i) An outline of the schedule for site monitoring;

(ii) Identifying the use of scientific procedures for establishing the success or failure of the mitigation;

(iii) Performance standards for satisfying the approval criteria in subsection (1)(b) of this section;

(iv) For vegetation determinations, permanent sampling points shall be established;

(v) Contingency plans identifying courses of action and any corrective measures to be taken if monitoring or evaluation indicates performance standards have not been satisfied;

(vi) A date schedule establishing when performance standards are to be satisfied, not to be less than three years;

(vii) Monitoring reports shall be prepared by a qualified professional and provide a monitoring schedule based on the following points in time: (A) at the time of construction; (B) 30 days after planting; (C) early in the growing season of the second year; (D) end of the growing season of the second year; and (E) annually thereafter;

(viii) Proposed construction sequence, timing, and duration;

(ix) Grading and excavation details;

(x) Erosion and sediment control features;

(xi) A planting plan specifying plant species, quantities, locations, size, spacing, and density, with density standards consistent with Table 21.51.070; and

(xii) Measures to protect and maintain plants until established.

(h) Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with subsection (5) of this section; and

(i) Other information determined necessary by the Director.

(5) Financial Guarantees. Where financial security is required, an applicant may provide a bond, line of credit, cash deposit, or other form of financial guarantee that is acceptable to the City consistent with this section. The type of financial security to be used must receive approval from the City.

(a) A performance financial guarantee equal to or greater than 150 percent of the actual cost of mitigation shall be provided to the City prior to issuance of construction permits. Actual costs shall include all labor and materials associated with the mitigation activity. The terms of the guarantee shall ensure that all required mitigation will be completed in a timely manner and in accordance with this chapter.

(b) A maintenance financial guarantee equal to or greater than 20 percent of the actual cost of mitigation shall be provided prior to final inspection, occupancy, or release of the performance financial guarantee, whichever comes first. The security shall be sufficient to guarantee satisfactory workmanship on materials in and performance of or related to structures and improvements allowed or required by this chapter for a period of up to five years. The duration of maintenance/monitoring obligations shall be established by the Director, based upon the nature of the proposed mitigation, maintenance or monitoring, and the likelihood and expense of correcting mitigation or maintenance failures.

(6) Corrective Measures. Where monitoring reveals a significant deviation from predicted impacts or a failure of mitigation or maintenance measures, the applicant shall be responsible for taking appropriate corrective action which, after obtaining approval, shall be subject to additional monitoring.

(7) Restoration. Performance and maintenance/monitoring financial guarantees shall also be required for restoration of a critical area or buffer not performed as part of a mitigation or maintenance plan, except that no security is required for minor riparian area restoration carried out pursuant to this chapter.

(8) Time Limit. The terms of a financial guarantee shall remain in effect until the Director determines, in writing, that the terms of the financial guarantee and the standards of this chapter have been satisfied.

(9) Obligation. Depletion, failure, or collection of security funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration. (Ord. 784 § 14 (Att. A), 2025)

(1) Applicability.

(a) This section applies to critical aquifer recharge areas (CARA) that are mapped on the critical area map set forth in WMC 21.51.030. The critical aquifer recharge areas inside the City limits have medium to high susceptibility to ground water contamination and are not located in a sole source aquifer or wellhead protection area.

(b) An applicant can request that a specific area identified as a CARA on the critical area map be declassified from the CARA designation provided the applicant provides evidence by means of a critical area report that includes a hydrogeologic assessment supporting the subject area is not highly susceptible to having the ground water contaminated by development and/or development activity.

(2) Exempt and Prohibited Uses and Activities.

(a) The following development or materials are exempt from CARA regulations:

(i) Construction of residential structures, improvements, and additions covering less than 2,500 square feet of the total site surface area provided no increase in risk from hazardous substances will occur;

(ii) Development of parks, recreation facilities, or conservation areas that do not increase risk from hazardous substances;

(iii) Tree removal;

(iv) Hazardous materials in properly functioning and sealed units or containers; and

(v) Hazard materials of less than 20 gallons or less than 200 pounds stored or used on premises.

(b) The following new uses and activities are prohibited in a critical aquifer recharge area:

(i) Mining of any type below the water table;

(ii) Processing, storage, and disposal of radioactive substances;

(iii) Hydrocarbon extraction;

(iv) Commercial wood treatment facilities on permeable surfaces;

(v) Wrecking yards;

(vi) Landfills for hazardous waste, municipal solid waste, or special waste; and

(vii) On-site septic systems located on lots smaller than one acre without a treatment system that results in effluent nitrate-nitrogen concentrations below 10 milligrams per liter.

(3) Development Standards. The following standards apply to any development proposal in a critical aquifer recharge area:

(a) All storage tanks must comply with building and fire code requirements for secondary containment;

(b) Commercial vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions;

(c) Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur;

(d) No new dry wells are allowed on sites used for vehicle repair and servicing and existing dry wells must be abandoned using techniques approved by the Washington State Department of Ecology prior to commencement of the proposed activity; and

(e) When applicable, activities shall be conditioned in accordance with applicable State and Federal regulations as necessary to protect critical aquifer recharge areas.

(4) Additional Reporting Requirements. In addition to the requirements for a critical area report set forth in WMC 21.51.060, the critical area report shall include the following:

(a) Prepared by a qualified professional who is a licensed hydrogeologist, geologist, or engineer with a minimum of five years of experience in the field and experience in preparing hydrogeologic assessments;

(b) A Level 1 hydrogeologic assessment pursuant to subsection (4)(c) of this section, except a Level 2 hydrogeologic assessment pursuant to subsection (4)(d) of this section may be required by the Director for the following:

(i) Activities that divert, alter, or reduce the flow of surface or ground water, or significantly reduce the recharging of the aquifer;

(ii) The use of hazardous substances, other than household chemicals used according to the directions specified on the packaging for domestic applications;

(iii) The use of injection wells, including on-site septic systems, except those domestic septic systems releasing less than 14,500 gallons of effluent per day and that are limited to a maximum density of one system per one acre; or

(iv) Any other activity determined by the City that is likely to have an adverse impact on ground water quality or quantity, or on the recharge of the aquifer;

(c) Level 1 hydrogeologic assessment shall include the following information:

(i) Available information regarding geologic and hydrogeologic characteristics of the site including the surface location of all critical aquifer recharge areas located on site or immediately adjacent to the site, and permeability of the unsaturated zone;

(ii) Ground water depth, flow direction, and gradient based on available information;

(iii) Currently available data on wells and springs within 1,300 feet of the project area;

(iv) Location of other critical areas, including surface waters, within 1,300 feet of the project area;

(v) Available historic water quality data for the area to be affected by the proposed activity; and

(vi) Best management practices proposed to be utilized;

(d) Level 2 hydrogeologic assessment shall include the following information:

(i) The same information as a Level 1 hydrogeologic assessment set forth in subsection (4)(c) of this section;

(ii) Historic water quality data for the area to be affected by the proposed activity compiled for at least the previous five-year period;

(iii) Ground water monitoring plan provisions;

(iv) Discussion of the effects of the proposed project on the ground water quality and quantity, including:

(A) Predictive evaluation of ground water withdrawal effects on nearby wells and surface water features; and

(B) Predictive evaluation of contaminant transport based on potential releases to ground water; and

(v) A spill plan that identifies equipment and/or structures that could fail, resulting in an impact on the CARA. Spill plans shall include provisions for regular inspection, repair, and replacement of structures and equipment that could fail. (Ord. 784 § 14 (Att. A), 2025)

(1) Frequently Flooded Areas – Designation.

(a) Application. Frequently flooded areas are those areas meeting one or more of the following components. These areas are designated as frequently flooded areas and shall be subject to the provisions of this chapter:

(i) Floodplain;

(ii) Flood fringe; and

(iii) Floodway.

(b) Designation. Frequently flooded areas shall include the following areas:

(i) Areas Identified on Flood Insurance Map(s). Those areas that are identified as special flood hazard areas by the Federal Insurance Administrator pursuant to Chapter 21.53 WMC.

(ii) Areas Identified by the City. Those areas of special flood hazard identified by the City pursuant to Chapter 21.53 WMC based on a review of base flood elevation and floodway data available from Federal, State, County, or other agency sources when base flood elevation data has not been provided from FEMA.

(2) Development Requirements. All development within a frequently flooded area shall comply with the requirements set forth in Chapter 21.53 WMC for flood damage prevention and the requirements of this chapter. A development permit shall be obtained before construction, or development begins within any area of special flood hazard pursuant to Chapter 21.53 WMC.

(3) Additional Reporting. In addition to the critical area report requirements set forth in WMC 21.51.060, critical area reports for frequently flooded areas shall include a flood hazard assessment and the following:

(a) Prepared by a Qualified Professional. The critical area report shall be prepared by a qualified professional who is a hydrologist or engineer licensed in the State of Washington. The qualified professional shall have a minimum of five years of experience in the field and experience in preparing flood hazard assessments.

(b) Site Areas. The following areas shall be addressed:

(i) The site area of the proposed activity;

(ii) All areas of a special flood hazard, or other flood area as indicated in the flood insurance maps within 200 feet of the project area; and

(iii) All other flood areas indicated on the flood insurance maps within 200 feet of the project area.

(c) Watercourse Alteration. Alteration of natural water courses shall be avoided, if feasible. If unavoidable, a critical area report shall include:

(i) A description of and plan showing the extent to which a watercourse will be altered or relocated because of the proposal;

(ii) A maintenance program that provides maintenance practices for the altered or relocated portion of the watercourse to ensure that the flood carrying capacity is not diminished; and

(iii) Information describing and documenting how the proposed watercourse alteration complies with the requirements of Chapter 21.53 WMC and other applicable State or Federal permit requirements.

(d) Habitat Impact Assessment. A permit application to develop in a frequently flooded area shall include an assessment of the impact of the project on Federal, State, or locally protected species and habitat, water quality, and aquatic and riparian habitat. A habitat assessment shall include one of the following:

(i) A biological evaluation or biological assessment developed in accordance with 50 CFR 402.12;

(ii) Documentation that the activity fits within Section 4(d) of the Endangered Species Act;

(iii) Documentation that the activity fits within a habitat conservation plan approved pursuant to Section 10 of the Endangered Species Act, where such assessment has been prepared and made available; or

(iv) A habitat impact assessment prepared in accordance with the currently adopted FEMA Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X. The assessment shall determine if the project would adversely affect:

(A) Species that are Federal, State, or locally listed as threatened or endangered;

(B) The primary constituent elements for critical habitat, when designated, including but not limited to water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refuge for listed salmonids;

(C) Essential fish habitat designated by the National Marine Fisheries Service;

(D) Fish and wildlife habitat conservation areas; and

(E) Other protected areas and elements necessary for species conservation. (Ord. 784 § 14 (Att. A), 2025)

(1) Prohibition. All developments, activities and uses that involve the alteration of a wetland and/or associated buffer are prohibited, except as provided for in this chapter.

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

(3) Identification and Designation.

(a) Wetlands are those areas designated in accordance with the approved Federal Wetland Delineation Manual and applicable regional supplements set forth in WAC 173-22-035.

(b) All areas within the City meeting the wetland designation criteria in the Manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter.

(c) Wetland delineations are valid for five years; after such date, the appropriate City staff shall determine whether a revision or additional assessment is necessary.

(4) Wetland Ratings.

(a) Wetlands shall be rated according to the Washington Department of Ecology Wetland Rating System for Western Washington (Ecology Publication No. 23-06-009, or as revised and approved by Ecology). These documents contain the definitions and methods for determining if the criteria below are met.

(b) Wetland Rating Categories. Table 21.51.100(4) provides a summary of the categories of wetland and the criteria for their classification:

(c) Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the City, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities.

(d) Wetland rating categories shall not change due to illegal modifications.

(5) Mapping.

(a) The approximate location and extent of known wetlands are identified in the City’s critical areas inventory pursuant to WMC 21.51.030.

(b) The exact location of a wetland’s boundary is determined through the performance of a field investigation by a qualified professional in accordance with the approved Federal Wetland Delineation Manual and applicable regional supplements set forth in WAC 173-22-035.

(6) Permitted Uses.

(a) The following development, uses and activities satisfying the specified conditions are allowed in wetlands without the requirement to submit a critical area report or obtain a reasonable use permit, except where such activities can result in a loss of the ecosystem functions and values of a wetland or wetland buffer:

(i) Conservation or preservation of soil, water, vegetation, fish, and wildlife that does not entail changing the structure or ecosystems functions of the existing wetland;

(ii) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided 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.

(iii) Drilling for utilities/utility corridors under a wetland, with entrance and exit portals located completely outside of the wetland and its buffer, provided:

(A) The drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column; and

(B) A study by a hydrologist demonstrates the ground water connections to the wetland or percolation of surface water down through the soil columns will not be interrupted;

(iv) Enhancement of a wetland through the removal of nonnative invasive plant species by hand or by approved biological or chemical treatments where permits have been obtained from the appropriate regulatory agencies;

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

(vi) The physical or hydrological alteration of a wetland for a stormwater management facility to meet the requirements of a low impact development, runoff treatment, or flow control best management practice if conditions in Table 21.51.100(6)(a) are all satisfied.

(b) In addition to the uses and activities listed in subsection (6)(a) of this section, the following uses and activities are allowed within a wetland buffer in accordance with the review procedures of this chapter, provided they are conducted in a manner that minimizes impacts to the buffer and adjacent wetland:

(i) Passive recreational facilities such as walkways and trails if the conditions in Table 21.51.100(6)(b) are all satisfied:

(ii) Wildlife-viewing structures;

(iii) Education and scientific research activities; and

(iv) Repair and maintenance of nonconforming uses or structures legally established within the buffer area, provided they do not increase the existing footprint within the wetland or buffer.

(c) Wetlands that meet the following criteria are not subject to the avoidance and minimization requirements of mitigation sequencing set forth in WMC 21.51.050(1) and 21.51.070(2) and may be filled provided:

(i) The wetland is a Category IV wetland with less than 4,000 square feet in area that is:

(A) Located in areas covered by the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (U.S. Army Corps of Engineers, 2010);

(B) Not associated with riparian areas or their buffers;

(C) Not associated with shorelines of the State or their associated buffers;

(D) Not part of a wetland mosaic;

(E) Scoring a five or less points for habitat functions based on the rating system set forth in subsection (4)(a) of this section;

(F) Not containing a priority habitat or priority area for a priority species identified by the Washington Department of Fish and Wildlife and do not contain State or Federally listed species or their critical habitat or species of local importance; and

(ii) The impacts are fully mitigated based on the remaining actions set forth in WMC 21.51.050(1)(b)(C) through (1)(b)(D).

(iii) Impacts are mitigated through the purchase of credits from a mitigation bank or in-lieu fee program, if available, consistent with the terms and conditions of the bank or in-lieu fee program; and

(iv) The requirements for a critical area report set forth in WMC 21.51.060 are satisfied.

(7) Wetlands – Development Standards.

(a) Buffer Requirements.

(i) Wetland buffer requirements assume the buffer area is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed ecological functions, the buffer should be either planted to create the appropriate plant community or the buffer should be widened to ensure that adequate ecological functions of the buffer are provided.

(ii) The minimum width of a wetland buffer is determined in accordance with the wetland category and habitat scoring of the wetland, and the distances set forth in Table 21.51.100(7)(a)(ii) or subsection (7)(a)(iii) of this section if the corresponding conditions are satisfied.

(iii) The standard wetland buffer widths in Table 21.51.100(7)(a)(ii) may be reduced to the corresponding buffer widths in Table 21.51.100(7)(a)(iii)(A) if the implementing measures prescribed in Table 21.51.100(7)(a)(iii)(B) are adhered to and, if applicable, the requirements in subsection (7)(a)(iv) of this section are satisfied.

(iv) In addition to the implementation measures in Table 21.51.100(7)(a)(iii)(B), wetlands that score six points or more for habitat functions must satisfy the following conditions to qualify for the wetland buffers in Table 21.51.100(7)(a)(iii)(A):

(A) A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and:

1. A legally protected, relatively undisturbed and vegetated area (e.g., priority habitats, compensatory mitigation sites, wildlife areas/refuges); or

2. An area that is the site of a watershed project identified within, and fully consistent with, a watershed plan as defined by RCW 89.08.460; or

3. An area where development is prohibited according to the provisions of the shoreline program set forth in Chapters 21.70 through 21.77 WMC; or

4. An area with equivalent habitat quality that has conservation status in perpetuity, in consultation with the Washington Department of Fish and Wildlife.

(B) The habitat corridor is permanently protected for the entire distance between the wetland and the shoreline or legally protected area by a conservation easement, deed restriction, or other legal site protection mechanisms approved by the Director.

(C) The presence or absence of the shoreline or priority habitat must be confirmed by a qualified biologist.

(v) Except as specified otherwise or allowed by other provisions in this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition.

(vi) Measurement of wetland buffers shall be from the outer edges of the wetland boundaries as determined through the performance of a field investigation by a qualified professional applying the wetlands identification and delineation and as surveyed in the field.

(b) Buffer Averaging. Averaging of a wetland buffer width can be allowed when the following conditions are all satisfied:

(i) Averaging improves wetland protection;

(ii) The wetland has significant differences in characteristics that affect its habitat functions, such as a “dual-rate” wetland with a Category I area adjoining a lower-rated area;

(iii) To produce the averaging, the buffer width is increased in adjoining areas of higher-functioning habitat or more sensitive areas of the wetland and decreased adjoining areas of lower-functioning or less-sensitive;

(iv) The total area of the buffer after averaging is applied is at least equal to the area of the buffer without averaging;

(v) The buffer at its narrowest width is never less than the greater of either 75 percent of the required buffer width, or 75 feet for a Category I and II wetland, 50 feet for a Category III wetland, and 25 feet for a Category IV wetland; and

(vi) A critical area report meeting the requirements set forth in WMC 21.51.060 demonstrates the criteria in this subsection are satisfied.

(c) Functionally Disconnected Buffer Area. Wetland buffers may exclude areas that are functionally and effectively disconnected from the wetland by existing legally established significant development in accordance with the following:

(i) Functionally and effectively disconnected means that the existing significant development blocks the protective measures provided by the buffer; and

(ii) Significant development includes public and private streets, railroads, and private developments such as homes and commercial or industrial structures;

(iii) Where a legally established significant development blocks only part of the wetland buffer, the buffer exclusion shall be limited in scope to just the portion of the wetland buffer that is affected; and

(iv) A critical area report consistent with WMC 21.51.060 is required to analyze and document the buffer functionality and validate the allowance for any buffer exclusions.

(8) Compensatory Mitigation. Compensatory mitigation shall be used only for impacts that cannot be avoided or minimized and shall achieve equivalent or greater functions. Compensatory mitigation is in addition to the mitigation requirements set forth in WMC 21.51.070.

(a) Compensatory mitigation shall be consistent with Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans – Version 1 (Ecology Publication No. 06-06-011b, or as revised) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington) (Ecology Publication No. 09-06-032), as revised.

(b) Types of compensatory mitigation are described below in order of preference:

(i) Restoration, which is the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland, and is divided into two categories:

(A) Re-establishment: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions and environmental processes to a former wetland, which results in rebuilding a former wetland and results in a gain in wetland area and functions.

(B) Rehabilitation: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions and environmental processes to a degraded wetland, which results in a gain in wetland functions, but does not result in a gain in wetland area, and involves restoring historic hydrologic processes.

(ii) Establishment (creation), which is the manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland on an upland or deep-water site where a wetland did not previously exist on an upland site, which results in a gain in wetland area and functions; provided, that a critical area report prepared in accordance with WMC 21.51.060 substantiates:

(A) A site is not available for wetland restoration to compensate for expected wetland and/or buffer impacts;

(B) The hydrology and soil conditions at the proposed mitigation site are conducive to sustaining the proposed wetland and that establishment of a wetland at the site will not likely cause hydrological problems elsewhere;

(C) Adjacent land uses, and site conditions do not jeopardize the viability of the proposed wetland and buffer;

(D) The proposed wetland and buffer will eventually be self-sustaining with little or no long-term maintenance; and

(E) The proposed wetland would not be established at the cost of another high-functioning habitat.

(iii) Preservation (protection/maintenance), which is removing a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland; and does not result in a gain of aquatic resource area or functions but may result in a gain in functions over the long term; and may only be used if:

(A) The proposed preservation site is under threat of undesirable ecological change due to permitted, planned, or likely actions that will not be adequately mitigated under existing regulations;

(B) The area proposed for preservation is of high quality or critical for the health and ecological sustainability of the watershed or sub-basin;

(C) Permanent preservation of the wetland and buffer shall be provided through a legal mechanism such as a conservation easement, tract held by an appropriate natural land resource manager/land trust, or other legal and administrative mechanism approved by the Director;

(iv) Enhancement, which is the manipulation of the physical, chemical, or biological characteristics of a site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the present vegetation, which does not result in a gain in wetland area but results in a gain of selected wetland functions even if it leads to a decline in other wetland functions.

(c) Compensatory mitigation requirements may be determined using the credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication No. 10-06-011, Olympia, WA, March 2012, or as revised) consistent with subsection (8)(a) of this section.

(d) Compensatory mitigation shall address the functions affected by the proposed project, with the intention to achieve functional equivalency or improvement of functions as determined by a site-specific function assessment. Compensatory mitigation actions shall not result in a net loss of wetland or buffer function, except when either:

(i) The lost wetland provides minimal functions, and the proposed compensatory mitigation actions will provide equal or greater functions or will provide functions shown to be limited within a watershed through an existing watershed plan or local or regional study that characterizes watershed processes; or

(ii) Out-of-kind replacement of wetland types or functions will best meet watershed goals formally identified by a watershed plan, such as replacement of historically diminished wetland types.

(e) The following areas within a proposed compensation site shall not contribute to satisfying the requirements for compensatory mitigation:

(i) Easements for utility corridors, stormwater facilities, rights-of-way, and streams conveyed underground;

(ii) Driveways;

(iii) Roads; and

(iv) Any paved or graveled areas intended to convey vehicle or foot traffic.

(f) The location of compensatory mitigation shall be conducted using a watershed approach and shall generally occur within the same sub-drainage basin unless the applicant demonstrates that a mitigation site in a different sub-drainage basin is ecologically preferred. When considering the location of mitigation, preference should be given to using a programmatic approach, such as a mitigation bank or an in-lieu-of-fee program. The following criteria apply when determining whether to use on-site or off-site compensatory mitigation:

(i) There are no reasonable on-site or within the sub-drainage basin opportunities, or on site or within the sub-drainage basin opportunities do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts;

(ii) On-site mitigation would require elimination of high-quality upland habitat;

(iii) Off-site mitigation has a greater likelihood of providing equal or improved wetland functions compared to the altered wetland;

(iv) Off-site locations shall be the same sub-drainage basin unless:

(A) Watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the City and strongly justify locating mitigation at another site;

(B) Credits from a State-certified wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the certified bank instrument;

(C) Fees are paid to an approved in-lieu fee program to compensate for the impact; and

(v) The design for the compensatory mitigation project needs to be appropriate for its position in the landscape and should not result in the creation, restoration, or enhancement of an atypical wetland.

(g) Approaches to Compensatory Mitigation. Mitigation for lost or diminished wetland and buffer functions shall rely on the approaches listed below.

(i) Wetland Mitigation Banks.

(A) Credits from a wetland mitigation bank may be used to compensate for impacts located within the service area specified in the mitigation bank instrument if:

1. The bank is certified under Chapter 173-700 WAC;

2. The Director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and

3. The proposed use of credits is consistent with the terms and conditions of the bank’s certification;

4. The mitigation ratios are consistent with ratios specified in the mitigation bank instrument.

(B) Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank’s certification.

(C) Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank’s certification. In some cases, bank service areas may include portions of more than one WRIA for specific wetland functions.

(ii) Wetland creation, rehabilitation, preservation, restoration, or enhancement.

(A) Impacts to wetlands may be mitigated through preservation, creation of wetlands, or through rehabilitation, restoration, or enhancement of existing significantly degraded wetlands.

(B) Applicants must produce a critical area report that identifies how the action will increase the functions and how this increase will adequately mitigate for the loss of wetland area and function at the impact site.

(C) The acreage shall be pursuant to the ratios in Table 21.51.100(8).

(iii) In-Lieu Fee Mitigation. Credits from an approved in-lieu-fee program may be used for compensatory mitigation when all the following apply:

(A) The Director determines that it would provide environmentally appropriate compensation for the proposed impacts;

(B) The proposed use of credits is consistent with the terms and conclusions of the approved in-lieu-fee program instrument;

(C) Projects using in-lieu-fee credits shall have debits associated with the proposed impacts calculated by the applicant’s qualified wetland professional using the credit assessment method specified in the approved instrument for the in-lieu-fee program; and

(D) The impacts are located within the serve area specified in the approved in-lieu-fee instrument.

(iv) Alternative Mitigation Plans. The Director may approve alternative wetland mitigation plans that are based on best available science consistent with WAC 365-195-900 through 365-195-925 provided the alternative mitigation proposals must provide an equivalent or better level of protection of wetland ecosystem functions and values than would be provided by the strict application of this chapter.

(h) Mitigation Timing. Where feasible, compensatory mitigation projects shall be completed prior to activities that will disturb wetlands. In all other cases, compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of compensatory mitigation projects shall be timed to reduce impacts to existing wildlife and flora. The Director may authorize a one-time temporary delay in completing the construction or installation of the compensatory mitigation when just cause for the delay that are not financial can be demonstrated by the applicant and financial guarantees are provided to ensure the compensatory mitigation project is completed.

(i) Compensatory Mitigation Ratios.

(i) The ratios in Table 21.51.100(8) apply to wetland creation, rehabilitation, preservation, restoration, or enhancement that is in kind, on site, the same category, and has a high probability of success. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered.

(ii) Increased Replacement Ratio. The Director may increase the ratios in Table 21.51.100(8) under the following circumstances:

(A) Uncertainty exists as to the probable success of the proposed restoration or creation; or

(B) A significant period will elapse between impact and replication of wetland ecosystem functions; or

(C) Proposed mitigation will result in a lower category wetland or reduced ecosystem function relative to the wetland being impacted; or

(D) The impact was an unauthorized impact.

(iii) Decreased Replacement Ratio. The Director may decrease the ratios in Table 21.51.100(8) under the following circumstances:

(A) Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions have a very high likelihood of success;

(B) Documentation by a qualified wetlands specialist demonstrates that the proposed mitigation actions will not result in a net loss of critical areas ecosystem functions and values; and

(C) The proposed mitigation actions are conducted in advance of the impact and have been shown to be successful.

(iv) Minimum Replacement Ratio. In all cases, a minimum acreage replacement ratio of 1:1 is required through re-establishment or creation.

(j) Compensatory Mitigation Plan. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan prepared by a qualified professional shall be required satisfying the following:

(i) The requirements for a critical area report pursuant to WMC 21.51.060;

(ii) A compensation mitigation report following the guidance found in Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Version 1) (Ecology Publication No. 06-06-011b) as revised; and

(iii) The monitoring plan shall be for a period of five years or more.

(9) Required Signage.

(a) Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and inspected by the City prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction, and shall not be removed until permanent signs, if required, are in place pursuant to subsection (9)(b) of this section.

(b) Permanent Signs.

(i) As a condition of any permit or authorization issued pursuant to this chapter, City staff may require the applicant to install permanent signs along the boundary of a wetland or buffer.

(ii) Permanent signs shall be made of a metal face and attached to a metal post, or another material of equal durability. The sign shall be worded as follows or with alternative language approved by the City staff:

Protected Wetland Area

Do Not Disturb.

Contact the City of Woodinville Regarding Uses and Restriction, and Opportunities for Stewardship

(iii) Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity.

(10) Protective Fencing.

(a) The Director may condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the wetland buffer when fencing will prevent future impacts to the wetland.

(b) Fencing installed as part of a proposed activity or as required in this subsection shall be designed to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat.

(11) Monitoring. Compensatory mitigation projects shall be monitored for a period necessary to establish the performance standards, but not for a period of less than five years. (Ord. 784 § 14 (Att. A), 2025)

(1) Application. Geologically hazardous areas are areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to placing commercial, residential, industrial and similar types of development upon because of public health and/or safety concerns. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk but also may increase the hazard risk to surrounding developments and uses. In the City of Woodinville, areas susceptible to one or more of the following types of hazards shall be designated as a geologically hazardous area:

(a) Erosion hazard;

(b) Landslide hazard; and

(c) Seismic hazard.

(2) Specific Geological Hazard Areas – Designation.

(a) Erosion Hazard Areas. Erosion hazard areas are those areas identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard.

(b) Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Landslide hazards include, but are not limited to, the following:

(i) Areas of historic failures, such as:

(A) Those areas delineated by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “severe” limitation for building site development;

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

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

(A) Slopes steeper than 15 percent; and

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

(C) Springs or ground water seepage;

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

(iv) Areas potentially unstable because of rapid stream incision, stream bank erosion, and undercutting by wave action;

(v) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and

(vi) Steep slopes, which are any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, excluding 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.

(c) Seismic Hazard Areas. Seismic hazard areas are those areas subject to severe risk of damage because of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington State. The strength of ground shaking is primarily affected by:

(i) The magnitude of an earthquake;

(ii) The distance from the source of an earthquake;

(iii) The type and thickness of geologic materials at the surface; and

(iv) The subsurface geologic structure.

Settlement and soil liquefaction conditions occur in areas underlain by cohesionless, loose, or soft-saturated soils of low density, typically in association with shallow ground water tables.

(d) Other Geological Hazard Areas.

(i) Volcanic hazard areas must include areas subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity.

(ii) Mine hazard areas are those areas underlain by, adjacent to, or affected by mine workings such as adits, gangways, tunnels, drifts, or air shafts. Factors which should be considered include proximity to development, depth from ground surface to the mine working, and geologic material.

(3) Mapping. The approximate location and extent of geological hazardous areas are shown on the adopted critical area maps. These include:

(a) U.S. Geological Survey landslide hazard, seismic hazard, and volcano hazard maps;

(b) Department of Natural Resources seismic hazard maps for Western Washington;

(c) Department of Natural Resources slope stability maps;

(d) Federal Emergency Management Administration flood insurance maps; and

(e) Locally adopted maps.

These maps are guides for project applicants and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not represent a final critical area designation.

(4) Additional Reporting.

(a) For development and alterations proposed within erosion or landslide hazard areas, the applicant is required to submit a geotechnical report prepared by a qualified professional.

(b) The Director may require a geotechnical report for development and alterations proposed within a seismic hazard area.

(5) Where a geotechnical report is required, a geotechnical assessment of the geological hazards including the following site- and proposal-related information shall be included in either a geotechnical report or a critical area report:

(a) Site and construction plan drawings for the proposal showing:

(i) The type and extent of geologic hazard areas, any other critical areas, and any critical area buffers on, adjacent to, within 200 feet of, or that are likely to impact the proposal or be impacted by the proposal;

(ii) Proposed development, including the location of existing and proposed structures, fill, storage of materials, and drainage facilities, with dimensions indicating distances to the geologically hazardous area; and

(iii) The topography, in two-foot contours of the project area and all hazard areas addressed in the report.

(b) An assessment of the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the project area and potentially affected adjacent properties, and a review of the site history regarding landslides, erosion, and prior grading. Soils analysis shall be accomplished in accordance with accepted taxonomic classification systems in use in the region. The assessment shall include, but not be limited to:

(i) A description of the surface and subsurface geology, hydrology, soils, and vegetation found in the project area and in all hazard areas addressed in the report;

(ii) A detailed overview of the field investigation’s published data and references; data and conclusions from past assessments of the site; and site-specific measurements, tests, investigations, or studies that support the identification of geologically hazardous areas; and

(iii) A description of the vulnerability of the site to the relevant geologic hazard.

(c) A geotechnical analysis including a detailed description of the project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area, the subject property and affected adjacent properties.

(d) Recommendations for the minimum no-disturbance buffer and minimum building setback from any geologic hazard based upon the geotechnical analysis. The Director may assign buffer and building setbacks based on this information. For landslide hazards, the minimum buffer widths are specified in subsection (9)(c) of this section.

(e) When hazard mitigation is required:

(i) The mitigation plan shall specifically address how the activity maintains or reduces the preexisting level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation);

(ii) Proposed mitigation techniques shall be considered to provide long-term hazard reduction only if they do not require regular maintenance or other actions to maintain their function; and

(iii) Mitigation may also be required to avoid any increase in risk above the preexisting conditions following the abandonment of the activity.

(f) Where a valid geotechnical report has been prepared and approved by the City within the last five years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, said report may be incorporated into a required critical area study or satisfy the requirements for a geotechnical report, provided the applicant submits a geotechnical assessment detailing any changed environmental conditions associated with the site.

(g) Additional information determined by the Director to be necessary for the review of the proposed activity and the subject hazard.

(6) In addition to the geotechnical report requirements specified in subsection (5) of this section, a geotechnical or critical area report (as specified in WMC 21.51.060) for an erosion hazard or landslide hazard shall include the following information:

(a) A site plan drawing for the proposal showing the following:

(i) The height of slope, slope gradient, and cross-section of the project area;

(ii) The location of springs, seeps, or other surface expressions of ground water on or within 200 feet of the project area or that have potential to be affected by the proposal; and

(iii) The location and description of surface water runoff.

(b) The geotechnical analysis shall specifically include:

(i) A description of the extent and type of vegetative cover;

(ii) An estimate of load capacity including surface and ground water conditions, public and private sewage disposal systems, fills and excavations, and all structural development;

(iii) An estimate of slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure;

(iv) An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or a 100-year storm event;

(v) Consideration of the run-out hazard of landslide debris and/or the impacts of landslide run-out on down-slope properties;

(vi) A study of slope stability including an analysis of proposed angles of cut and fills and site grading;

(vii) Recommendations for building limitations, structural foundations, and an estimate of foundation settlement; and

(viii) An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion.

(c) For any development proposal within an erosion hazard area, an erosion and sediment control plan acceptable to the City is required (see Chapter 15.05 WMC).

(d) A drainage plan for the collection, transport, treatment, discharge and/or recycling of water (see Chapter 15.05 WMC).

(e) Whenever development, including, but not limited to, stairs, pathways, trams, and their support structures, retaining walls, and structures, is performed on any erosion, landslide hazard, or steep slope area as defined in this section, a mitigation plan shall be prepared that includes the following:

(i) The location and methods of drainage, surface water management, locations and methods of erosion control, a vegetation management and/or replanting plan, and/or other means for maintaining long-term soil stability;

(ii) Including requirements for all disturbed areas to be revegetated; and

(iii) Revegetation shall include planting of species indigenous to the Northwest, together with a schedule of their maintenance.

(f) If the Director determines there is a significant risk of damage to downstream receiving waters due to potential erosion from the site, a monitoring surface water report can be required. The report shall include a plan to monitor the surface water discharge from the site and include a recommended schedule for submitting monitoring reports to the City.

(7) Seismic hazard areas requiring geotechnical reporting pursuant to subsections (4)(b) and (5) of this section and the following:

(a) The site map shall show all known and mapped faults within 200 feet of the project area or that have potential to be affected by the proposal; and

(b) The geotechnical analysis shall include a complete discussion of the potential impacts of seismic activity on the site (for example, forces generated and fault displacement) and an evaluation of site response and liquefaction potential, including sufficient subsurface exploration to provide a site coefficient for use in the static lateral force procedures described in the International Building Code.

(8) Geologically Hazardous Areas – General Development Standards.

(a) Alterations to geologically hazardous areas and/or associated buffers may only occur for activities that a qualified professional determines:

(i) Will not increase the threat of the geologic hazard to adjacent properties beyond predevelopment conditions;

(ii) Will not adversely impact other critical areas or critical area buffers;

(iii) Are designed so that the hazard is eliminated or mitigated to a level equal to or less than predevelopment conditions; and

(iv) Are certified as safe by a qualified engineer or geologist, licensed in the State of Washington.

(b) Essential Public Facilities Prohibited. Essential public facilities shall not be placed within geologically hazardous areas unless there is no practical alternative.

(9) Geologically Hazardous Areas – Specific Development Standards.

(a) Alterations of an erosion or landslide hazard area and/or associated buffers may only occur for which a geotechnical report is submitted and certified:

(i) The development will not increase surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions;

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

(iii) Such alterations will not adversely impact other critical areas or critical area buffers; and

(iv) In the case of steep slopes that are determined to be artificially created or man-made slopes through past grading or development activities, these may be modified under the recommendations of an approved geotechnical report that demonstrates that the alteration will stabilize the slope and minimize erosion and landslide risk beyond predevelopment conditions.

(b) Minimum Buffer From Landslide Hazards.

(i) The minimum buffer shall be equal to the height of the slope or 50 feet, whichever is greater.

(ii) The buffer may be reduced to a minimum of 10 feet when a qualified professional demonstrates to the City’s satisfaction that the reduction will adequately protect the proposed development, adjacent developments, and uses and the subject critical area.

(iii) The buffer may be increased where the Director determines a larger buffer is necessary to prevent the risk of damage to proposed and existing development.

(c) When establishing the buffer for a steep slope, the buffer shall be established from the top and bottom edges of the steep slope as delineated in subsection (2)(b)(vi) of this section.

(d) Development within erosion or landslide hazard areas and/or associated buffers shall be designed to meet the following basic requirements unless it can be demonstrated that an alternative design that deviates from one or more of these standards provides equivalent or greater long-term slope stability while meeting all other provisions of these critical area regulations. The requirement for long-term slope stability excludes designs that require periodic maintenance or other actions to maintain their level of function. The basic development design standards are:

(i) The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. Analysis of dynamic conditions shall be based on a minimum horizontal acceleration as established by the current version of the International Building Code;

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

(iii) Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation;

(iv) The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties;

(v) The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and

(vi) Development shall be designed to minimize impervious surfaces.

(e) Unless provided in this chapter otherwise or as part of an approved alteration, removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited.

(f) Clearing shall be allowed only from May 1st to October 1st of each year; provided, that the Director may extend or shorten the dry season on a case-by-case basis depending on actual weather conditions.

(g) Utility lines and pipes shall be permitted in erosion and landslide hazard areas only when the applicant demonstrates that no other practical alternative is available. The line or pipe shall be located above ground and properly anchored and/or designed so that it will continue to function in the event of an underlying slide. Stormwater conveyance shall be allowed only through a high-density polyethylene pipe with fuse-welded joints, or similar product that is technically equal or superior.

(h) Point discharges from surface water facilities and roof drains onto or upstream from erosion or landslide hazard area shall be prohibited except as follows:

(i) Conveyed via continuous storm pipe downslope to a point where there are no erosion hazards areas downstream from the discharge;

(ii) Discharged at flow durations matching predeveloped conditions, with adequate energy dissipation, into existing channels that previously conveyed stormwater runoff in the predeveloped state; or

(iii) Dispersed discharge upslope of the steep slope onto a low-gradient undisturbed buffer demonstrated to be adequate to infiltrate all surface and stormwater runoff.

(i) The division of land in erosion and landslide hazard areas and associated buffers is subject to the following:

(i) Land that is located wholly within erosion or landslide hazard area or its associated buffer may not be subdivided, except as provided in WMC 21.51.050(6).

(ii) Access roads and utilities may be permitted within the erosion or landslide hazard area and associated buffers if the Director determines that no other feasible alternative exists.

(j) On-site sewage disposal systems, including drain fields and infiltration drainage systems are prohibited within erosion and landslide hazard areas and related buffers. (Ord. 784 § 14 (Att. A), 2025)

(1) General. Fish and wildlife habitat conservation areas are lands managed to maintain populations of species in suitable habitats within their natural geographic distribution that the habitat available is sufficient to support viable populations over the long term and so that isolated subpopulations are not created.

(2) Applicability. Fish and wildlife habitat conservation areas include:

(a) Areas where endangered, threatened, and sensitive species have a primary association. This includes:

(i) Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service that are in danger of extinction or are threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted as necessary for current listing status.

(ii) State designated endangered, threatened, and sensitive species are those fish and wildlife species native to the State of Washington, identified by the State Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the State without cooperative management or removal of threats. The State Department of Fish and Wildlife maintains the most current listing and should be consulted as necessary for current listing status;

(b) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;

(c) Riparian management areas as defined in WMC 21.11A.190 and waters of the State;

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

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

(f) State priority habitats and areas associated with State priority species defined and listed by the Washington Department of Fish and Wildlife in the Priority Habitats and Species List, using the most recently updated edition. Priority species require protective measures for their perpetuation due to their population status; sensitivity to habitat alteration; and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element;

(g) Habitats and species of local importance. Habitats and species of local importance are those identified by the City as approved by the Woodinville City Council, including those that possess unusual or unique habitat warranting protection.

(i) Table 21.51.120(2)(f) sets forth species that are designated as species of local importance.

(ii) When nominating additional habitats or species, the following criteria shall be considered in designating species of local importance:

(A) Habitat or species rarity or vulnerability to rarity, as evidenced by restricted, small, or declining species population and habitats or community loss or degradation;

(B) The need for protection, maintenance, and/or restoration of the nominated habitat to ensure the long-term survival of a species;

(C) If applicable, the ability of the site to maintain connectivity between habitat areas or to contribute significantly to regional biodiversity as evidenced by species use, richness, abundance, and/or rarity;

(D) Why special protection is needed and how existing County, State and Federal programs and regulations do not provide adequate protection; and

(E) Any proposed management strategies for the affected species or habitat supported by the best available science;

(h) Land found by the Woodinville City Council to be essential for preserving connections between habitat blocks and open spaces; and

(i) Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.

(3) Water Typing. Streams and other water bodies are designated in accordance with WAC 222-16-030, 222-16-031, and Table 21.51.120(3):

(4) Mapping.

(a) The approximate location and extent of some fish and wildlife habitat conservation areas are shown in the data layers maintained in the City’s geographic information system as shown on the critical area maps adopted by the City of Woodinville. In addition, the following maps and inventories are hereby adopted by reference, as amended:

(i) Washington Department of Fish and Wildlife Priority Habitat and Species maps;

(ii) Washington Department of Natural Resources, Official Water Type Reference maps;

(iii) Anadromous and resident salmonid distribution maps contained in the Habitat Limiting Factors Reports published by the Washington Conservation Commission;

(iv) Department of Natural Resources State natural area preserves and natural resource conservation area maps; and

(v) Washington Department of Natural Resources State Natural Area Preserves and Natural Resource Conservation Area maps;

(vi) NOAA Critical Habitat Designations, Maps, and GIS Data – Westcoast, or equivalent source: https://fisheries.noaa.gov/national/endangered-species-conservation/critical-habitat; and

(vii) City of Woodinville official habitat maps.

(b) The maps and resources cited above are guides for City staff, project applicants and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not represent a final critical area designation.

(5) Fish and Wildlife Habitat Conservation Areas – General Development Standards.

(a) All new development activities and uses are prohibited within fish and wildlife habitat conservation areas and their buffers except as allowed by this chapter.

(b) Where allowed, a fish and wildlife habitat conservation area may be altered only in accordance with mitigation sequencing as prescribed in WMC 21.51.050(1) and only if the proposed alteration does not result in a net loss of the functions and values of the habitat. Any approval of an alteration or impacts to a fish and wildlife habitat conservation area must be supported by best available science as described in the required critical area report prepared by a qualified professional.

(c) Plant, wildlife, or fish species not indigenous to western Washington State shall be excluded from fish and wildlife habitat conservation areas unless authorized by a State or Federal permit or approval.

(d) The Director shall condition approvals of activities and uses allowed within or adjacent to a fish and wildlife habitat conservation areas and associated buffers as follows:

(i) Establishment of buffer zones;

(ii) Preservation of important vegetation and/or habitat features such as snags and downed wood specific to the priority wildlife species;

(iii) Limitation of access to the habitat area, including fencing to deter unauthorized access;

(iv) Seasonal restriction of construction activities;

(v) Establishment of a duration and timetable for periodic review of mitigation activities; and

(vi) Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation; and

(vii) Other conditions deemed necessary to ensure no net loss of critical areas ecosystem functions and values.

(e) If endangered or threatened species are present in the fish and wildlife habitat conservation area or their buffers, then the following apply in addition to other provisions of this chapter:

(i) No development is allowed when association with a State or Federally endangered, threatened, or sensitive species, except as provided by a management plan established by the Washington Department of Fish and Wildlife, or applicable State or Federal agency;

(ii) All activities, uses, and alterations proposed to be in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, the following:

(A) Activities shall be timed to occur within the restrictions on work windows required by State and Federal agencies;

(B) An alternative alignment or location is not feasible;

(C) The activity, use or alteration is designed so that it will not degrade the ecosystem functions or values of the fish habitat or other critical areas;

(D) Permanent erosion control measures shall be designed to use bioengineering methods or soft armoring techniques according to an approved critical area report; and

(E) Any impacts to the ecosystem functions or values of the fish and wildlife habitat conservation area are mitigated in accordance with an approved critical area report; and

(iii) Structures that prevent the migration of salmonids are prohibited in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities are required that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed.

(6) Specific Standards for Riparian Areas.

(a) A riparian area is a type of fish and wildlife habitat conservation area consisting of a watercourse and a riparian management zone next to the watercourse that has the potential to provide full riparian ecosystem functions for bank stability, shade, pollution removal, contributions of detrital nutrients, recruitment of large woody debris, and wildlife habitat. See Figure 21.51.120(6)(a) for an illustration of the different segments of a regulated riparian area.

Figure 21.51.120(6)(a) – Illustration of the Riparian Area

(b) Designation of the Riparian Management Zone.

(i) The provisions in this subsection apply to riparian areas encompassing all F and N water types. Riparian areas encompassing S water types are subject to the shoreline regulations set forth in Chapters 21.70 through 21.77 WMC.

(ii) Within the riparian area, the establishment of a riparian management zone is in accordance with the standard width for the water type set forth in Table 21.51.120(6)(b)(ii), except as may be modified by subsection (6)(b)(iii), (6)(b)(iv) or (6)(b)(v) of this section.

(iii) The width of a Type F water riparian management zone may be reduced to a width of 150 feet if the riparian management zone:

(A) Contains at least an average of 80 percent native plant coverage over the overall area of the riparian management zone;

(B) Noxious and nonnative planting coverage do not exceed 10 percent of the total area of the riparian management zone; and

(C) The native plant cover must include trees, shrubs and groundcover strata in proportions that mimic native forests; and

(D) If the existing riparian management zone does not satisfy the standards in subsections (6)(b)(iii)(A) through (6)(b)(iii)(C) of this section, it must be enhanced to meet these standards to qualify for the 150-foot width.

(iv) The width of a riparian management zone may be increased if greater protection is necessary to preserve functions and values based on site-specific conditions and project features. A requirement to increase the width of the riparian management zone shall be reasonably related to protection of the functions and values of the riparian area based on the following factors:

(A) A designated fish and wildlife habitat conservation area has a habitat management plan indicating a larger riparian management zone is necessary to protect habitat values for such species;

(B) A landslide or erosion hazard area is contiguous to a riparian area;

(C) A larger riparian management zone is necessary to offset impacts such as permitted trails or utility corridors in the riparian area;

(D) The development is within the vicinity of at-risk ecological riparian area functions identified in a critical area report or habitat management plan; or

(E) The increase is in lieu of subsection (6)(d) of this section.

(v) The minimum width of the riparian management zone set forth in subsection (6)(b)(ii) or (6)(b)(iii) of this section may be applied as an average width if approved by the Director and the following conditions are satisfied:

(A) Mitigation sequencing set forth in WMC 21.51.050(1)(b) is followed;

(B) The total area contained within the riparian management zone is no less than what would be contained without the averaging;

(C) The averaging results in equivalent or greater riparian area functions;

(D) The riparian area contains variations in sensitivity due to existing physical characteristics, or the character of the riparian area varies in slope, soils, or vegetation, and the water body would benefit from a wider riparian area in places such as where intact vegetation exists and would not be adversely impacted by a narrower riparian area in other places;

(E) The riparian management zone is not reduced at any point to less than 75 percent of the width set forth in subsection (6)(b)(ii) or (6)(b)(iii) of this section, as applicable;

(F) The riparian management zone is associated with a development proposal, and it will not further encumber a neighboring property not owned by the applicant.

(vi) The width of a riparian management zone is applied to each side of the water course and is measured outward in each direction on a horizontal plane from whichever of the following features is furthest from the center of a stream or river:

(A) The ordinary high-water mark;

(B) The top of bank; or

(C) The outer edge of the channel migration zone, if one exists.

(c) If a portion of a riparian management zone is determined to be functionally isolated and physically separated from a watercourse due to existing, legally established public roadways, railroads or other legally established structures or paved areas eight feet or more in width that occur between the area in question and the watercourse, the Director may exclude this area from a riparian management zone provided:

(i) The area does not provide any of the primary riparian management zone functions of bank stability, shade, pollution control, contributions of detrital nutrients, wildlife habitat corridor connection, or recruitment of large woody debris;

(ii) To the extent feasible, the remaining areas within the riparian management zone are restored or enhanced to achieve a net gain in ecological functions; and

(iii) A critical areas report confirms the area of the riparian management zone as being functionally isolated and physically separated from the watercourse, and subsection (6)(c)(i) of this section is satisfied.

(d) If a riparian management zone is degraded due to the lack of trees and vegetation, the presence of invasive or nonnative species, and/or the presence of impervious surface or other development, the applicant shall prepare and implement a restoration plan that restores the ecological functions of the riparian management zone to the extent commensurate with the impact of the development on the riparian management zone and according to mitigation standards set forth in this chapter.

(e) Activities and uses that may impact a riparian management zone must provide a critical area report pursuant to WMC 21.51.060 that:

(i) Describes the functions and values of the riparian management zone;

(ii) Describes the inner measurement point (e.g., ordinary high-water mark) and the extent of the riparian management zone with sufficient detail to allow field delineation; and

(iii) The critical area report must demonstrate the project will result in no net loss of the ecosystem functions for the riparian management zone and associated species.

(7) Specific Standards for Other Fish and Wildlife Habitat Conservation Areas. Buffers from other fish and wildlife habitat conservation areas are required to be established to protect the functions and values of the critical area from the impacts of proposed adjacent activities.

(a) The establishment of buffers must consider the following:

(i) Recommendations of the Washington Department of Fish and Wildlife;

(ii) Recommendations contained in a habitat management plan submitted by a qualified professional; and

(iii) The nature and intensity of uses and activities occurring on the land adjacent to the site.

(b) The establishment of buffers must incorporate the following:

(i) Consist of an undisturbed area of native vegetation, or areas identified for restoration, sufficient to protect the integrity, functions, and values of the affected habitat;

(ii) Reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby; and

(iii) Be consistent with the applicable species-specific management recommendations issued by the Washington Department of Fish and Wildlife.

(8) Existing Piped Watercourses and Roadside Ditches. It is recognized that within an urban environment many historical streams have been substantially modified to accommodate development. Many of the regulated and mapped watercourses within the City of Woodinville pass through natural reaches, modified reaches, piped reaches, and sometimes along manmade roadside ditches.

(a) Development along a piped streams and manmade ditches shall be subject to a 10-foot setback from the centerline of the pipe or ditch. For purposes of this provision, “ditches” mean artificial drainage features created through purposeful human action, such as irrigation and drainage ditches, grass-lined swales, and canals. Purposeful creation from the uplands must be demonstrated through documentation, photographs, statements, and/or other evidence.

(b) The voluntary opening and restoration or rehabilitation of previously channelized, culverted, or piped streams may have the riparian management zone reduced to a width not less than 25 feet along each side of the new opening provided:

(i) The restoration will result in a net improvement in the ecosystem functions and values of the stream habitat;

(ii) The opened channel must be designed to support fish and wildlife habitat and uninhibited fish access, unless demonstrated to be infeasible;

(iii) The proposal will not significantly increase the threat of erosion, flooding, slope stability or other hazards on the site or on nearby properties; and

(iv) The proposal must demonstrate that the conveyance will maintain the flow capacity and not create flooding elsewhere in the drainage basin.

(9) Existing Urban Stream Designation. If an existing property is at least 50 percent developed and was done so under a previously approved urban stream designation approved by the City, the approved buffer under the urban stream designation may remain in effect and the redevelopment or other modification may be subject to the buffer approved under the urban stream designation; provided, that:

(a) If the urban stream buffer may be negatively impacted by the proposed modifications or activities, the buffer must be enhanced to achieve a no net loss of ecological functions as originally established by the urban stream designation; and

(b) If the existing urban stream designation buffer is degraded due to a lack of maintenance or failure to follow the terms of approving the urban stream designation, the urban stream designation shall be considered abandoned and any redevelopment or other modifications to the property shall be subject to all other provisions of this chapter.

(10) Permitted Uses. The following developments, uses and activities satisfying the specified conditions may be allowed in fish and wildlife habitat conservation areas without the requirement for a reasonable use permit provided such uses and activities do not result in a loss of the ecosystem functions and values of the fish and wildlife habitat conservation area:

(a) Utilities, excluding storm drainage facilities, if:

(i) No practical alternative location outside of the fish and wildlife habitat area is available;

(ii) The location of the utility is the least adversely impactful to the fish and wildlife habitat; and

(iii) The following measures are incorporated into the construction of the utility:

(A) Located in existing areas of clearance with degraded ecological functions whenever possible;

(B) Avoids creating new crossings of fish-bearing watercourses;

(C) Use bio stabilization, riprap, or other innovative engineering techniques to prevent erosion where utilities need to follow landslide hazards;

(D) Does not increase fish passage barriers; and

(E) Promotes utility improvements designed to remove fish and wildlife passage barriers wherever possible.

(b) Storm drainage facilities if:

(i) Conveyance systems that are designed to limit discharge to a watercourse only from a detention facility, pre-settlement pond, or other stormwater treatment facilities, provided discharge to a watercourse is authorized and City stormwater regulations are followed; or

(ii) Grass-lined swales and dispersal trenches that are placed in the outer 25 percent of the buffer width.

(c) Public and private trails and/or visual access designed for nonmotorized traffic if:

(i) The conditions in WMC 21.51.040(8) are satisfied; and

(ii) The surface of the trail uses pervious materials, except a public trail designed for multi-purpose may use impervious materials provided requirements for water quality and quantity control are satisfied; and

(iii) Within a riparian area, the riparian management zone shall be expanded to a minimum distance equal to the width of the trail corridor included within the disturbed areas and the provisions in subsection (6)(c) of this section are not applied.

(d) Alterations to riparian areas, excluding associated wetlands, are permitted, as follows:

(i) For Water Type S, see the shoreline program in Chapters 21.70 through 21.77 WMC.

(ii) Widening of existing roadways where:

(A) The widening is within the outer 25 percent of the riparian management zone;

(B) The widening minimizes impact to the riparian area and provides mitigation consistent with WMC 21.51.070;

(C) The widening does not change the overall stream hydrology;

(D) The widening does not diminish the flood storage capacity of the stream;

(E) Construction consists consistent with the restrictions on work windows required by State and Federal agencies; and

(F) The widening is the minimum necessary to support road functions.

(iii) Active channel crossings if:

(A) Expansion of existing crossings is preferred over creating new crossings;

(B) Crossings shall use bridges or other construction techniques in accordance with best management practices which do not disturb the stream bed, except that bottomless culverts or other appropriate methods demonstrated to provide fisheries protection may be used that disturb the stream bed for Water Type F or Np if it can be demonstrated that such methods and their implementation will pose no harm to the stream or inhibit migration of fish;

(C) Bridge piers or abutments are not placed within the floodway or waterward of the ordinary high-water mark;

(D) Crossings cannot diminish the flood-carrying capacity of the watercourse;

(E) Crossings do not occur over resident or anadromous fish spawning areas;

(F) Construction occurs within the restrictions on work windows required by State and Federal agencies;

(G) Underground utility crossings are laterally drilled and located at a depth of four feet below the maximum depth of scour for the base flood predicted by a licensed civil engineer;

(H) The expansion of existing crossings or the construction of new crossings are the minimum necessary to support transportation goals and policies; and

(I) The materials used to construct the crossing are durable and nontoxic to the maximum extent feasible.

(iv) Excluding Water Type S, active channel relocations if:

(A) The relocation is for enhancing or restoring resources in the riparian area;

(B) The relocation is on site, except off site may be allowed if on-site relocation is not feasible and the off-site location is within the same drainage sub-basin as the original stream;

(C) The relocation follows restrictions on work windows required by State and Federal agencies;

(D) The relocation is not solely to allow for a particular development;

(E) Appropriate floodplain protection measures are employed, and equivalent base flood storage volume and function will be maintained as certified by a qualified civil engineer;

(F) No adverse impact on local ground water will occur;

(G) No increase in velocity will occur upstream or downstream;

(H) No increase in the sediment load will occur upstream or downstream;

(I) Requirements set out in a mitigation plan are satisfied;

(J) Relocation conforms to other applicable laws;

(K) All work will be carried out under the direct supervision of a qualified biologist; and

(L) All required State and Federal permits, and authorization are obtained prior to conducting site work.

(v) For Water Type S, see the shoreline program in Chapters 21.70 through 21.77 WMC.

(vi) Enhancements beyond those permitted pursuant to WMC 21.51.040(10), and not associated with any other development proposal, are allowed if accomplished according to a plan for design, implementation, maintenance and monitoring prepared by qualified professionals and carried out under the direct supervision of a qualified biologist.

(vii) Minor riparian area restoration projects sponsored or approved by a public agency with a mandate to do such work if:

(A) The enhancements are not associated with mitigation of a specific development proposal;

(B) Limited to placement of rock weirs, log controls, spawning gravel, culvert replacement and other specific habitat improvements for resident and anadromous fish including salmonids; and

(C) Performed under the direct supervision of a qualified biologist.

(viii) Removal or modification of existing stream culverts to improve fish passage, stream habitat, and flow capacities.

(ix) Upgrading existing stormwater retention/detention facilities or other existing stormwater management facilities beyond required levels required by the Woodinville Municipal Code.

(11) In addition to the critical area report requirements prescribed in WMC 21.51.060, the following information shall be provided in the critical area report or as a separate report:

(a) A habitat assessment containing an investigation of the project area and an evaluation of the presence or absence of potentially critical fish or wildlife habitat. The habitat assessment shall include at a minimum the following site- and proposal-related information:

(i) Identification of any species of local importance, priority species, or endangered, threatened, sensitive or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;

(ii) A discussion of any Federal, State, or local special management recommendations, including Department of Fish and Wildlife Habitat management recommendations that have been developed for species or habitats located on or adjacent to the project area;

(iii) A discussion of any ongoing management practices that will protect habitat after the project site has been developed, including any proposed monitoring and maintenance programs;

(iv) When appropriate due to the type of habitat or species present or the project area conditions, the Director may also require the habitat management plan to include:

(A) An evaluation by the State Department of Fish and Wildlife, local Native American Indian tribe, or other qualified expert regarding the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; and/or

(B) Detailed surface and subsurface hydrologic features both on and adjacent to the site.

(b) A riparian management zone delineation report containing at a minimum the following information:

(i) A written assessment and accompanying maps of the watercourse and associated hydrologic features on and off site within 300 feet of the project area that includes the following:

(A) Delineation of the ordinary high-water mark;

(B) The riparian management zone boundary;

(C) Vegetative, faunal, and hydrologic characteristics;

(D) Soil and substrate conditions; and

(E) Topographic elevations at two-foot contours;

(ii) A detailed description and functional assessment of the watercourse channel and riparian management zone under existing conditions pertaining to the protection of the riparian management zone functions, fish habitat, and potential anadromous fisheries;

(iii) A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and riparian management zone functions;

(iv) Proposed riparian management zone enhancement, if needed, including a written assessment and accompanying maps and planting plans for the riparian management zone areas to be enhanced.

(A) A description of existing riparian management zone conditions;

(B) A description of proposed riparian management zone conditions and how proposed conditions will increase riparian management zone functions in terms of fish habitat protection;

(C) Performance standards for measuring enhancement success through a monitoring period of at least five years;

(D) Provisions for monitoring and submission of monitoring reports documenting riparian management zone conditions, as compared to performance standards, for enhancement success; and

(E) A discussion of ongoing management practices that will protect riparian management zone functions and habitat value through maintenance of vegetation density within the riparian management zone.

(c) The applicant may consult with the Director prior to or during preparation of the above reports to have waived or modified the required contents when in the judgment of the Director such modification will still adequately address the potential critical area impacts and required mitigation.

(12) Mitigation.

(a) The alteration of a fish and wildlife habitat conservation area including buffers and riparian areas requires mitigation to be provided consistently with WMC 21.51.070 and shall include:

(i) Achievement of equivalent or greater critical areas ecosystem functions and values than existing, including but not limited to:

(A) Habitat complexity, connectivity, and other biological functions;

(B) Seasonal hydrological dynamics, water storage capacity and water quality; and

(C) Geomorphic and habitat processes and functions;

(ii) Include mitigation for impacts upstream and downstream from the development as appropriate;

(iii) Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per-function basis; and

(iv) Mitigation should occur in the same sub-drainage basin as the habitat impacted.

(b) Mitigation sites shall be located to achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical area report to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed.

(c) Restoration or mitigation is required as part of a development proposal whereby impacts, either direct or indirect, to the fish and wildlife habitat conservation area occur.

(d) Restoration is required in addition to mitigation when a fish and wildlife habitat conservation area or its buffer is altered in violation of law or without any specific permission or approval by the City. A mitigation plan for the restoration or mitigation, included as part of the critical areas report, shall demonstrate:

(i) Fish and wildlife habitat conservation area is degraded and will not further be degraded by the restoration or mitigation activity;

(ii) Restoration or mitigation will reliably and demonstrably improve the water quality and fish and wildlife habitat;

(iii) Restoration or mitigation will result in no net loss and no significant adverse impact will occur to habitat functions;

(iv) On sites where nonnative vegetation was cleared, restoration shall include installation of native vegetation with a density equal to or greater than the predevelopment site conditions; and

(v) Restoration or mitigation will assist in stabilizing the stream channel.

(e) All restoration and/or mitigation projects for riparian areas shall meet the following:

(i) All work shall be carried out under the direct supervision of a qualified biologist;

(ii) Basin analysis shall be performed to determine hydrologic conditions;

(iii) Natural channel dimensions shall be replicated including its depth, width, length, and gradient at the original location, and the original horizontal alignment (meander lengths) shall be replaced;

(iv) Identical or similar materials shall be used to restore the stream bottom;

(v) Bank and buffer configuration shall be restored to its original condition;

(vi) Channel, bank, and buffer areas shall be replanted with native vegetation which replicates the original vegetation in species, sizes, and densities; and

(vii) Preexisting biologic functions of the stream shall be recreated.

(f) Replacement or enhancement for approved riparian area alterations shall be accomplished on the site unless the applicant demonstrates:

(i) Enhancement or replacement on the site is not possible or on-site opportunities do not have a high likelihood of success due to development pressures, adjacent land uses, or on-site buffers or connectivity are inadequate;

(ii) Off-site location is in the same drainage sub-basin as the original stream; and

(iii) Greater biological and hydrologic functions will be achieved.

(g) Surface Water Management. Surface water management or flood control alterations shall not be considered enhancement unless other functions are simultaneously improved.

(h) Mitigation sites shall be monitored and maintained consistently with this chapter.

(13) Required Signage.

(a) Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and inspected by the City prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction, and shall not be removed until permanent signs, if required, are in place pursuant to subsection (13)(b) of this section.

(b) Permanent Signs.

(i) As a condition of any permit or authorization issued pursuant to this chapter, City staff may require the applicant to install permanent signs along the boundary of a wetland or buffer.

(ii) Permanent signs shall be made of a metal face and attached to a metal post, or another material of equal durability. The sign shall be worded as follows or with alternative language approved by the City staff:

Fish and Wildlife Habitat Conservation Area

Do Not Disturb.

Contact the City of Woodinville Regarding Uses and Restriction

(iii) Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. (Ord. 784 § 14 (Att. A), 2025)

The City adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA) (RCW 43.21C.120) and the SEPA rules (WAC 197-11-904). This chapter contains the City’s SEPA procedures and policies. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. (Ord. 611 § 8 (Att. A), 2016)

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-040    Definitions.

197-11-050    Lead agency.

197-11-055    Timing of the SEPA process.

197-11-060    Content of environmental review.

197-11-070    Limitations on actions during SEPA process.

197-11-080    Incomplete or unavailable information.

197-11-090    Supporting documents.

197-11-100    Information required of applicants.

197-11-158    GMA project review – Reliance on existing plans and relations.

197-11-164    Planned actions – Definition and criteria.

197-11-168    Ordinances or resolutions designating planned actions – Procedures for adoption.

197-11-172    Planned actions – Project review.

197-11-210    SEPA/GMA integration.

197-11-220    SEPA/GMA definitions.

197-11-228    Overall SEPA/GMA integration procedures.

197-11-230    Timing of an integrated GMA/SEPA process.

197-11-232    SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235    Documents.

197-11-238    Monitoring.

197-11-250    SEPA/Model Toxics Control Act (MTCA) integration.

197-11-253    SEPA lead agency for MTCA actions.

197-11-256    Preliminary evaluation.

197-11-259    Determination of nonsignificance for MTCA remedial actions.

197-11-262    Determination of significance and environmental impact statement (EIS) for MTCA remedial actions.

197-11-265    Early scoping for MTCA remedial actions.

197-11-268    MTCA interim actions.

(Ord. 611 § 8 (Att. A), 2016)

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

(1) “Department” means any division, subdivision, or organizational unit of the City established by ordinance, rule, or order.

(2) “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

(3) “Ordinance” means the ordinance, resolution, or other procedure used by the City to adopt regulatory requirements.

(4) “Early notice” means the City’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures). (Ord. 611 § 8 (Att. A), 2016)

(1) For those proposals for which the City is the lead agency, the responsible official shall be the Planning Director, or such other person as the City Manager may designate in writing.

(2) For all proposals for which the City is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in WMC 21.52.020.

(3) The City shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.56 RCW. (Ord. 611 § 8 (Att. A), 2016)

(1) When the City receives an application for or initiating a proposal that involves a nonexempt action, the responsible official shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

(2) When the City is not the lead agency for a proposal, all departments of the City shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No City department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless the City determines a supplemental environmental review is necessary under WAC 197-11-600.

(3) If the City or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 14 days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 14-day time period. Any such petition on behalf of the City may be initiated by the responsible official.

(4) The responsible official is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

(5) The responsible official, when making a lead agency determination for a private project, shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. (Ord. 611 § 8 (Att. A), 2016)

For any proposal for a private project where the City would be the lead agency and for which one or more State agencies have jurisdiction, the City’s responsible official may elect to transfer the lead agency duties to a State agency. The State agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the City shall be agency with jurisdiction. To transfer lead agency duties, the City’s responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate State agency with jurisdiction. The responsible official of the City shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 611 § 8 (Att. A), 2016)

Under State law, the procedure for review of project permits shall be combined with the environmental review process, both procedural and substantive. The process under SEPA and this chapter shall integrate the following procedures, insofar as possible, with any applicable process for decisionmaking on permit and land use applications:

(1) Staff review of the application under City codes and regulations and the environmental review and determination thereon;

(2) The staff report on the application and the report or documentation concerning environmental review;

(3) Hearings and other public processes, including required public notices, required by City code or regulation, and hearings and other public processes, including public notices, required or conducted under SEPA. This section shall include all appeals, except as otherwise expressly provided by this code;

(4) Such other review processes as the Planning Director shall determine. (Ord. 611 § 8 (Att. A), 2016)

(1) For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the City’s staff recommendation to any appropriate advisory body, such as the Planning Commission.

(2) If the City’s only action on a proposal is a decision on a building permit or other permit that requires detailed project plans and specifications, the applicant may request in writing that the City conduct environmental review prior to submission of the detailed plans and specifications. In addition to the environmental documents, the applicant shall submit such additional information as required by the responsible official. (Ord. 611 § 8 (Att. A), 2016)

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-300    Purpose of this part.

197-11-305    Categorical exemptions.

197-11-310    Threshold determination required.

197-11-315    Environmental checklist.

197-11-330    Threshold determination process.

197-11-335    Additional information.

197-11-340    Determination of nonsignificance (DNS).

197-11-350    Mitigated DNS.

197-11-355    Optional DNS process.

197-11-360    Determination of significance (DS)/Initiation of scoping.

197-11-390    Effect of threshold determination.

197-11-800    Categorical exemptions.

197-11-880    Emergencies.

197-11-890    Petitioning DOE to change exemptions.

(Ord. 611 § 8 (Att. A), 2016)

The City hereby adopts the following thresholds for minor new construction under WAC 197-11-800(1)(b) and RCW 43.21C.410 based on local conditions:

(1) For residential dwelling units in WAC 197-11-800(1)(b)(i): up to four dwelling units;

(2) For agricultural structures in WAC 197-11-800(1)(b)(ii): up to 10,000 square feet;

(3) For office, school, commercial, recreational services, or storage building in WAC 197-11-800(1)(b)(iii): up to 4,000 square feet and 20 parking spaces;

(4) For parking lots in WAC 197-11-800(1)(b)(iv): up to 20 parking spaces;

(5) For landfills and excavations in WAC 197-11-800(1)(b)(v): up to 100 cubic yards; and

(6) The construction of an individual battery charging station or an individual battery exchange station, as defined in WMC 21.11B.060 (“electric vehicle infrastructure”).

(7) Whenever the City establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, under WAC 197-11-800(1)(c). (Ord. 611 § 8 (Att. A), 2016)

(1) When the City receives an application for a license or, in the case of governmental proposals, a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The responsible official’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The City shall not require completion of an environmental checklist for an exempt proposal.

(2) In determining whether or not a proposal is exempt, the responsible official shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the responsible official’s consideration is exempt.

(3) Planned Actions.

(a) A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA.

(b) A “planned action” means one or more types of project action that:

(i) Are designated planned actions by an ordinance or resolution adopted by the City;

(ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:

(A) A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW; or

(B) A fully contained community, a master planned resort, a master planned development or a phased project;

(iii) Are subsequent or implementing projects for the proposals listed in subsection (3)(b)(ii) of this section;

(iv) Are located within an urban growth area, as defined in RCW 36.70A.030;

(v) Are not essential public facilities, as defined in RCW 36.70A.200; and

(vi) Are consistent with the City’s Comprehensive Plan adopted under Chapter 36.70A RCW.

(c) Limitations on Planned Actions. The City shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the City, and may limit a planned action to a time period identified in the environmental impact statement or the adoption of this code.

(4) If a proposal includes both exempt and nonexempt actions, the responsible official may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

(a) The City shall not give authorization for:

(i) Any nonexempt action,

(ii) Any action that would have an adverse environmental impact, or

(iii) Any action that would limit the choice of alternatives;

(b) A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

(c) A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 611 § 8 (Att. A), 2016)

(1) A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the City and applicant agree that an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The City shall use the environmental checklist to determine the lead agency and, if the City is the lead agency, for making the threshold determination. The checklist shall be in the form of WAC 197-11-960 with the following addition(s): The signature line shall state:

I certify (or declare) under penalty of perjury under the laws of the state of Washington that the above answers are true and complete to the best of my knowledge. I understand the lead agency is relying on them to make its decision.

(2) For private proposals, the City will require the applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(3) The City may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

(a) The City has technical information on a question or questions that is unavailable to the private applicant; or

(b) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 611 § 8 (Att. A), 2016)

(1) As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official, or on changes to, or clarifications of, the proposal made by the applicant.

(2) An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

(a) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

(b) Precede the City’s actual threshold determination for the proposal.

(3) The responsible official should respond to the request for early notice within 14 working days. The response shall:

(a) Be written;

(b) State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the City to consider a DS; and

(c) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

(4) As much as possible, the City should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(5) When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the City shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal.

(a) If the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a DNS if the City determines that no additional information or mitigation measures are required.

(b) If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate.

(c) The applicant’s proposed mitigation measures (clarifications, changes, or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.

(d) Mitigation measures that justify issuance of a mitigated DNS (MDNS) may be incorporated in the DNS by reference to agency staff reports, studies, or other documents.

(6) The City shall not act upon a proposal for which a mitigated DNS has been issued for 14 days after the date of issuance.

(7) A MDNS is issued under either WAC 197-11-340(2), requiring a 14-day comment period and public notice, or WAC 197-11-355(5), which may require no additional comment period beyond the comment period on the notice of application.

(8) Mitigation measures incorporated in the MDNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any terms or conditions of the permit, or enforced in any manner specifically prescribed by the City. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any permit issued.

(9) If the City’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

(10) The City’s written response under subsection (3) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. (Ord. 611 § 8 (Att. A), 2016)

(1) If the responsible official has a reasonable basis for determining that significant adverse environmental impacts are unlikely, the responsible official may elect to use the single integrated comment period set forth in this section. If this process is used, a second comment period is not required when the DNS is issued.

(2) If the optional process set forth in this section is used, the responsible official shall:

(a) State on the first page of the notice of application that it expects to issue a DNS (MDNS) for the proposal, and that:

(i) The optional DNS process is being used;

(ii) This may be the only opportunity to comment on the environmental impacts of the proposal;

(iii) The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and

(iv) A copy of the subsequent threshold determination for the specific proposal may be obtained upon request (in addition, the City may choose to maintain a general mailing list for threshold determination distribution);

(b) List in the notice of application the conditions being considered to mitigate environmental impacts, if a MDNS is expected;

(c) Comply with the requirements for a notice of application and public notice in RCW 36.70B.110; and

(d) Send the notice of application and environmental checklist to:

(i) Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and

(ii) Anyone requesting a copy of the environmental checklist for the specific proposal (in addition, the City may choose to maintain a general mailing list for checklist distribution).

(3) If the responsible official indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application in accordance with WMC 21.52.040 and WAC 197-11-948.

(4) The responsible official shall consider timely comments on the notice of application and either:

(a) Issue a DNS or MDNS with no comment period using the procedures in subsection (5) of this section;

(b) Issue a DNS or MDNS with a comment period using the procedures in subsection (5) of this section;

(c) Issue a DS; or

(d) Require additional information or studies prior to making a threshold determination.

(5) If a DNS or MDNS is issued under subsection (4)(a) or (4)(b) of this section, the responsible official shall send a copy of the DNS or MDNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be circulated. (Ord. 611 § 8 (Att. A), 2016)

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-400    Purpose of EIS.

197-11-402    General requirements.

197-11-405    EIS types.

197-11-406    EIS timing.

197-11-408    Scoping.

197-11-410    Expanded scoping.

197-11-420    EIS preparation.

197-11-425    Style and size.

197-11-430    Format.

197-11-435    Cover letter or memo.

197-11-440    EIS contents.

197-11-442    Contents of EIS on nonproject proposals.

197-11-443    EIS contents when prior nonproject EIS.

197-11-444    Elements of the environment.

197-11-448    Relationship of EIS to other considerations.

197-11-450    Cost-benefit analysis.

197-11-455    Issuance of draft environmental impact statement (DEIS).

197-11-460    Issuance of final environmental impact statement (FEIS).

(Ord. 611 § 8 (Att. A), 2016)

(1) Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the Planning Department under the direction of the responsible official. Before the City issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

(2) The draft and final EIS or SEIS shall be prepared, at the City’s option, by the City staff, the applicant, or a consultant approved by the City. If the responsible official requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the City’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

(3) The City may require an applicant to provide information the City does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the City may request under another ordinance or statute.) (Ord. 611 § 8 (Att. A), 2016)

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-500    Purpose of this part.

197-11-502    Inviting comment.

197-11-504    Availability and cost of environmental documents.

197-11-508    SEPA register.

197-11-535    Public hearings and meetings.

197-11-545    Effect of no comment.

197-11-550    Specificity of comments.

197-11-560    FEIS response to comments.

197-11-570    Consulted agency costs to assist lead agency.

(Ord. 611 § 8 (Att. A), 2016)

(Ord. 611 § 8 (Att. A), 2016)

(1) Whenever possible, the City shall integrate the public notice required under this section with existing notice procedures for the City’s nonexempt permit(s) or approval(s) required for the proposal.

(2) Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the City shall give public notice as follows:

(a) If no public notice is otherwise required for the permit or approval, the City shall give notice of the DNS or DS by at least one of the following:

(i) Publishing notice in the City’s official newspaper;

(ii) Mailing notice to property owners per WMC 21.80.140(2); or

(iii) Noticing as otherwise required or allowed by WMC 21.80.140.

(b) Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

(c) If the DS is made concurrent with the notice of application, the DS and scoping notice shall be combined with the notice of application issued under RCW 36.70B.110. Nothing in this subsection prevents the DS/scoping notice from being issued before the notice of application. If sufficient information is not available to make a threshold determination when the notice of application is issued, the DS may be issued later in the review process.

(d) If an open record predecision hearing is required, the threshold determination shall be issued at least 15 days before the open record predecision hearing.

(3) Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

(a) Indicating the availability of the DEIS in any public notice required for a nonexempt permit; and

(b) One or more of the following:

(i) Posting the property for site-specific proposal;

(ii) Publishing notice in a newspaper of general circulation in the County, City, or general area where the proposal is located;

(iii) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered;

(iv) Notifying the news media;

(v) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

(vi) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).

(4) The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. (Ord. 611 § 8 (Att. A), 2016)

(1) The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

(2) This responsible official shall be responsible for the City’s compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. (Ord. 611 § 8 (Att. A), 2016)

The City adopts the following sections of Chapter 197-11 WAC as now existing or hereinafter amended, by reference:

WAC

197-11-600    When to use existing environmental documents.

197-11-610    Use of NEPA documents.

197-11-620    Supplemental environmental impact statement – Procedures.

197-11-625    Addenda – Procedures.

197-11-630    Adoption – Procedures.

197-11-635    Incorporation by reference – Procedures.

197-11-640    Combining documents.

(Ord. 611 § 8 (Att. A), 2016)

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-650    Purpose of this part.

197-11-655    Implementation.

197-11-660    Substantive authority and mitigation.

197-11-680    Appeals.

197-11-700    Definitions.

(Ord. 611 § 8 (Att. A), 2016)

(1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the City of Woodinville.

(2) The City may attach conditions to a permit or approval for a proposal so long as:

(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter;

(b) Such conditions are in writing;

(c) The mitigation measures included in such conditions are reasonable and capable of being accomplished;

(d) The City has considered whether other local, State, or Federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

(e) Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.

(3) The City may deny a permit or approval for a proposal on the basis of SEPA so long as:

(a) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to this chapter;

(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

(c) The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.

(4) The City designates and adopts by reference the following policies as the basis for the City’s exercise of authority pursuant to this section:

(a) The City shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, functions, programs, and resources to the end that the State and its citizens may:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;

(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iv) Preserve important historic, cultural, and natural aspects of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi) Achieve a balance between population and resource use that will permit high standards of living and a wide sharing of life’s amenities; and

(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(b) The City adopts by reference the policies in the following City codes, ordinances, resolutions, and plans as adopted by the City:

(i) Chapter 43.21C RCW – State Environmental Policy Act;

(ii) Woodinville Municipal Code;

(iii) Woodinville Comprehensive Plan;

(iv) Woodinville Transportation Plan;

(v) Woodinville Storm Drainage Plan;

(vi) Woodinville Shoreline Master Plan;

(vii) Woodinville Emergency Management Plan;

(viii) Woodinville Capital Improvement Plan;

(ix) Woodinville Water District Water Plan;

(x) Woodinville Water District Sewer Plan. (Ord. 611 § 8 (Att. A), 2016)

An administrative appeal of an environmental determination (or lack thereof) under this chapter shall be pursuant to the provisions set forth in Chapter 21.81 WMC. (Ord. 706 § 44, 2020; Ord. 611 § 8 (Att. A), 2016)

(1) The City, applicant, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the City Clerk, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 611 § 8 (Att. A), 2016)

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-700    Definitions.

197-11-702    Act.

197-11-704    Action.

197-11-706    Addendum.

197-11-708    Adoption.

197-11-710    Affected tribe.

197-11-712    Affecting.

197-11-714    Agency.

197-11-716    Applicant.

197-11-718    Built environment.

197-11-720    Categorical exemption.

197-11-721    Closed record appeal.

197-11-722    Consolidated appeal.

197-11-724    Consulted agency.

197-11-726    Cost-benefit analysis.

197-11-728    County/city.

197-11-730    Decisionmaker.

197-11-732    Department.

197-11-734    Determination of nonsignificance (DNS).

197-11-736    Determination of significance (DS).

197-11-738    EIS.

197-11-740    Environment.

197-11-742    Environmental checklist.

197-11-744    Environmental document.

197-11-746    Environmental review.

197-11-750    Expanded scoping.

197-11-752    Impacts.

197-11-754    Incorporation by reference.

197-11-756    Lands covered by water.

197-11-758    Lead agency.

197-11-760    License.

197-11-762    Local agency.

197-11-764    Major action.

197-11-766    Mitigated DNS.

197-11-768    Mitigation.

197-11-770    Natural environment.

197-11-772    NEPA.

197-11-774    Nonproject.

197-11-775    Open record hearing.

197-11-776    Phased review.

197-11-778    Preparation.

197-11-780    Private project.

197-11-782    Probable.

197-11-784    Proposal.

197-11-786    Reasonable alternative.

197-11-788    Responsible official.

197-11-790    SEPA.

197-11-792    Scope.

197-11-793    Scoping.

197-11-794    Significant.

197-11-796    State agency.

197-11-797    Threshold determination.

197-11-799    Underlying governmental action.

(Ord. 611 § 8 (Att. A), 2016)

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-900    Purpose of this part.

197-11-902    Agency SEPA policies.

197-11-916    Application to ongoing actions.

197-11-920    Agencies with environmental expertise.

197-11-922    Lead agency rules.

197-11-924    Determining the lead agency.

197-11-926    Lead agency for governmental proposals.

197-11-928    Lead agency for public and private proposals.

197-11-930    Lead agency for private projects with one agency with jurisdiction.

197-11-932    Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934    Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936    Lead agency for private projects requiring licenses from more than one state agency.

197-11-938    Lead agencies for specific proposals.

197-11-940    Transfer of lead agency status to a state agency.

197-11-942    Agreements on lead agency status.

197-11-944    Agreements on division of lead agency duties.

197-11-946    DOE resolution of lead agency disputes.

197-11-948    Assumption of lead agency status.

(Ord. 611 § 8 (Att. A), 2016)

(1) The City has selected certain categorical exemptions that will not apply in critical areas identified in the critical areas development regulations required under RCW 36.70A.060 (see Chapter 21.51 WMC for critical areas regulations). For any critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are WAC 197-11-800(1), (2)(a) through (h), (24)(c), (e), (g), (h) and (25).

(2) The scope of environmental review of actions with these areas shall be limited to:

(a) Documenting whether the proposal is consistent with the requirements of the critical areas ordinance; and

(b) Evaluating potentially significant impacts on the critical area resources not adequately addressed by GMA planning documents and development regulations, if any, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and with other applicable environmental review laws. (Ord. 611 § 8 (Att. A), 2016)

The City shall require fees in such amounts as are established by the City Council pursuant to such periodic resolution as the Council, from time to time, updates and approves for its activities in accordance with the provisions of this chapter:

(1) Threshold Determination. For every environmental checklist the City will review when it is the lead agency, the City/County shall collect an established fee from the proponent of the proposal prior to undertaking a basic threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.

(2) Environmental Impact Statement.

(a) When the City is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the City, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

(b) The responsible official may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the City and may bill such costs and expenses directly to the applicant. Such consultant shall be selected by the City.

(c) The applicant shall pay the projected amount to the City prior to commencing work. The City will refund the excess, if any, at the completion of the EIS. If the City’s costs exceed the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (2)(a) or (b) of this section which remain after incurred costs, including overhead, are paid.

(d) For all proposals in which the City is the lead agency and the responsible official determines that an EIS is required, the applicant shall be charged $500.00 or a fee equal to five percent of the costs of the draft and final EISs, whichever is greater, to cover the City’s administrative costs of supervision and preparation. For the purpose of this section, cost of an EIS shall include the cost of preparation and publication, including printing, collating, binding, and circulation of the draft and final EIS. Applicants may be required to post bond or otherwise insure payment of such costs. In the event the actual cost of the draft and final EIS exceeds the estimated cost of the EIS agreed upon by the City and the applicant, such excess shall be paid to the City by the applicant prior to final action by the City.

(3) The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

(4) The City shall not collect a fee for performing its duties as a consulted agency.

(5) The City may charge any person for copies of any document prepared under this chapter and for mailing the document in a manner provided by Chapter 42.17 RCW. (Ord. 611 § 8 (Att. A), 2016)

The City adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-960    Environmental checklist.

197-11-965    Adoption notice.

197-11-970    Determination of nonsignificance (DNS).

197-11-980    Determination of significance (DS) and scoping notice.

197-11-985    Notice of assumption of lead agency status.

197-11-990    Notice of action.

(Ord. 611 § 8 (Att. A), 2016)

The City Clerk shall maintain on file for public use and examination one copy of the WAC sections referred to in this chapter. (Ord. 611 § 8 (Att. A), 2016)

(1) The City shall also review the project permit application under the requirements of the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and this chapter, and shall:

(a) Determine whether the applicable regulations require studies that adequately analyze all of the project permit application’s specific probable adverse environmental impacts;

(b) Determine if the applicable regulations require measures that adequately address such environmental impacts;

(c) Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures;

(d) Provide prompt and coordinated review by government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.

(2) In its review of a project permit application, the City may determine that the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, Comprehensive Plan and/or in other applicable local, State or Federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the application.

(3) If the City bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures described in subsection (1) of this section, the City shall not impose additional mitigation under SEPA during project review.

(4) A Comprehensive Plan, development regulation or other applicable local, State or Federal law provides adequate analysis of and mitigation for the specific adverse environmental impacts of an application when:

(a) The impacts have been avoided or otherwise mitigated; or

(b) The City has designated as acceptable certain levels of service, land use designations, development standards or other land use planning required or allowed by Chapter 36.70A RCW.

(5) In its decision whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the City shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the City shall base or condition its project approval on compliance with these other existing rules or laws.

(6) Nothing in this section limits the authority of the City in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW.

(7) The City shall also review the application under this chapter. (Ord. 611 § 8 (Att. A), 2016)

(1) Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA.

(2) Planned Actions.

(a) A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA.

(b) A “planned action” means one or more types of project action that:

(i) Are designated planned actions by an ordinance or resolution adopted by the City;

(ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with:

(A) The Comprehensive Plan or subarea plan adopted under Chapter 36.70A RCW; or

(B) A fully contained community, a master planned resort, a master planned development or a phased project;

(iii) Are subsequent or implementing projects for the proposals listed in subsection (2)(b)(ii) of this section;

(iv) Are located within an urban growth area, as defined in RCW 36.70A.030;

(v) Are not essential public facilities, as defined in RCW 36.70A.200;

(vi) Are consistent with the City’s Comprehensive Plan adopted under Chapter 36.70A RCW.

(3) Limitations on Planned Actions. The City shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the City and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040. (Ord. 611 § 8 (Att. A), 2016)

This chapter is adopted pursuant to Chapter 86.16 RCW and Chapter 173-158 WAC. (Ord. 699 § 6 (Att. A), 2020)

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

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

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

(4) Minimize prolonged business interruptions;

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

(6) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize blight areas caused by flooding;

(7) Notify potential buyers that the property is in a special flood hazard area;

(8) Notify those who occupy flood hazard areas that they assume responsibility for their actions; and

(9) Participate in and maintain eligibility for flood insurance and disaster relief. (Ord. 699 § 6 (Att. A), 2020)

In order to accomplish its purposes, this chapter includes methods and provisions for:

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

(2) Requiring that development vulnerable to floods be protected against flood damage at the time of initial construction;

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

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

(5) Preventing or regulating the construction of flood barriers that unnaturally divert flood waters or may increase flood hazards in other areas. (Ord. 699 § 6 (Att. A), 2020)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. (Ord. 699 § 6 (Att. A), 2020)

The following words and phrases shall be defined and given the meaning set forth below for the purpose of this chapter. Other words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and all interpretations shall be made as to give this chapter its most reasonable application.

(1) “Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.

(2) “Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the “sheet flow area.”

(3) “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

(4) “ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.

(5) “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”).

(6) “Base flood elevation (BFE)” means the elevation to which flood water is anticipated to rise during the base flood.

(7) “Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

(8) “Critical facility” means a facility for which even a slight chance of flooding might be too great. “Critical facilities” include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.

(9) “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

(10) “Elevation certificate” means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).

(11) “Elevated building” means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

(12) “Essential facility” has the same meaning as “essential facility” defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies building occupancies that are essential facilities.

(13) “Farmhouse” means a one-unit dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner.

(14) “Flood or flooding” means:

(a) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(i) The overflow of inland or tidal waters.

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

(iii) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (14)(a)(ii) of this section and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (14)(a)(i) of this section.

(15) “Flood elevation study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a flood insurance study (FIS).

(16) “Flood Insurance Rate Map (FIRM)” means the official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

(17) “Floodplain or flood prone area” means any land area susceptible to being inundated by water from any source. See “flood or flooding.”

(18) “Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.

(19) “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinances, grading ordinances and erosion control ordinances) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

(20) “Flood proofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood-proofed structures are those that have the structural integrity and design to be impervious to flood water below the base flood elevation.

(21) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “regulatory floodway.”

(22) “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

(23) “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(24) “Historic structure” means any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c) Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(i) By an approved State program as determined by the Secretary of the Interior; or

(ii) Directly by the Secretary of the Interior in states without approved programs.

(25) “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter (i.e. provided there are adequate flood ventilation openings).

(26) “Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

(27) “New construction” means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

(28) One Hundred Year Flood or 100-Year Flood. See “base flood.”

(29) “Recreational vehicle” means a vehicle:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projection;

(c) Designed to be self-propelled or permanently towable by a light duty truck; and

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(30) “Start of construction” includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(31) “Structure” means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

(32) “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(33) “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. The term does not, however, include either:

(a) Any project for improvement of a structure to correct previously identified existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or

(b) Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

(34) “Variance” means a grant of relief by a community from the terms of a floodplain management regulation.

(35) “Water surface elevation” means the height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(36) “Water dependent” means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 792 § 32, 2025; Ord. 699 § 6 (Att. A), 2020)

This chapter applies to all special flood hazard areas within the boundaries of the City of Woodinville. (Ord. 699 § 6 (Att. A), 2020)

The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study (FIS) for King County, Washington and Incorporated Areas” dated August 19, 2020, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRMs) dated August 19, 2020, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The FIS and the FIRM are on file at 17301 133rd Avenue NE, Woodinville, Washington.

The best available information for flood hazard area identification as outlined in WMC 21.53.120(2) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under WMC 21.53.120(2). (Ord. 699 § 6 (Att. A), 2020)

All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations. (Ord. 699 § 6 (Att. A), 2020)

(1) No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions), shall constitute a misdemeanor.

(2) Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $5,000 or imprisoned for not more than one year, or both, for each violation pursuant to Chapter 1.03 WMC, and in addition shall pay all costs and expenses involved in the case. As an alternative, the City may render civil penalties pursuant to the notice of violation provisions set forth in Chapter 1.06 WMC.

(3) Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 699 § 6 (Att. A), 2020)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 699 § 6 (Att. A), 2020)

(1) The Development Services Director or designee is designated as the floodplain administrator and shall administer, implement, and enforce this chapter by granting or denying development permits in accordance with this chapter.

(2) A development improvement permit shall be obtained before construction or development begins within any area of special flood hazard established in WMC 21.53.070. The permit shall be for all structures including manufactured homes and for all development including fill and other activities as defined in WMC 21.53.050. Application submittal requirements for a flood improvement permit are set forth in WMC 21.82.050. (Ord. 699 § 6 (Att. A), 2020)

Duties of the floodplain administrator shall include, but not be limited to:

(1) Review all development permits to determine if:

(a) The permit requirements of this chapter have been satisfied;

(b) All other required State and Federal permits have been obtained;

(c) The site is reasonably safe from flooding;

(d) The proposed development is not located in the floodway or if located in the floodway, assure the encroachment provisions in WMC 21.53.160(1) are satisfied.

(e) Notify FEMA when annexations occur in the special flood hazard area.

(2) When base flood elevation data has not been provided (in A or V zones) in accordance with WMC 21.53.070 (Basis for establishing the areas of special flood hazard), the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, in order to administer WMC 21.53.140 (Specific standards for flood hazard reduction), and WMC 21.53.160 (Floodways).

(3) Obtain and maintain the following:

(a) Where base flood elevation data is provided through the FIS, FIRM, or required as in WMC 21.53.120(2), obtain and maintain a record of the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement;

(b) Obtain and maintain documentation of the elevation of the bottom of the lowest horizontal structural member in V or VE zones;

(c) For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in WMC 21.53.120(2):

(i) Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was floodproofed;

(ii) Maintain the floodproofing certifications for flood improvement permits required under WMC 21.53.140(2);

(d) Certification required by WMC 21.53.160(1), which the Building Official shall maintain for public inspection;

(e) Records of all variance actions, including justification for their issuance;

(f) Improvement and damage calculations; and

(g) Maintain for public inspection all records pertaining to the provisions of this chapter.

(4) Whenever a watercourse is to be altered or relocated:

(a) Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means; and

(b) Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

(5) Review building permits where elevation data is not available either through the FIS, FIRM, or from another authoritative source (WMC 21.53.120(2)). Applications for floodplain development shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness includes use of historical data, high water marks, photographs of past flooding, etc., where available. (Failure to elevate habitable buildings at least two feet above the highest adjacent grade in these zones may result in higher insurance rates.)

(6) If a project will alter the base flood elevation or boundaries of the special flood hazard area, then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the base flood elevation or boundaries of the special flood hazard area would normally require a letter of map change, then the project proponent shall initiate, and receive approval of, a conditional letter of map revision (CLOMR) prior to approval of the development permit. The project shall be constructed in a manner consistent with the approved CLOMR. If a CLOMR application is made, then the project proponent shall also supply the full CLOMR documentation package to the Floodplain Administrator to be attached to the floodplain development permit, including all required property owner notifications. (Ord. 699 § 6 (Att. A), 2020)

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

(1) Anchoring.

(a) All new construction and substantial improvements, including those related to manufactured homes, shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.

(b) All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. For more detailed information, refer to guidebook, FEMA-85, “Manufactured Home Installation in Flood Hazard Areas.”

(2) Construction Materials and Methods.

(a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

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

(c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(3) Storage of Materials and Equipment.

(a) The storage or processing of materials that could be injurious to human, animal, or plant life if released due to damage from flooding is prohibited in special flood hazard areas.

(b) Storage of other material or equipment may be allowed if not subject to damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.

(4) Utilities.

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

(b) Water wells shall be located on high ground that is not in the floodway (WAC 173-160-171);

(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

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

(5) Subdivision Proposals and Development.

(a) All subdivisions, as well as new development, shall:

(i) Be consistent with the need to minimize flood damage;

(ii) Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize or eliminate flood damage; and

(iii) Have adequate drainage provided to reduce exposure to flood damage.

(b) Where subdivision proposals and other proposed developments contain greater than 50 lots or five acres (whichever is the lesser) base flood elevation data shall be included as part of the application. (Ord. 699 § 6 (Att. A), 2020)

In all areas of special flood hazards, the standards for specific uses as prescribed in this section are required:

(1) Residential Construction.

(a) In AE and A1-30 zones or other A-zoned areas where the BFE has been determined or can be reasonably obtained, new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE. Mechanical equipment and utilities shall be waterproof or elevated least one foot above the BFE.

(b) New construction and substantial improvement of any residential structure in an AO zone shall meet the requirements in WMC 21.53.170.

(c) New construction and substantial improvement of any residential structure in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

(d) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs must meet or exceed the following criteria:

(i) Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

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

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

(iv) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of flood waters.

Alternatively, a registered engineer or architect may design and certify engineered openings.

(2) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of subsection (2)(a) or (b) of this section.

(a) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

(i) In AE and A1-30 zones or other A-zoned areas where the BFE has been determined or can be reasonably obtained:

(A) New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the lowest floor, including basement, elevated one foot or more above the BFE, or elevated as required by ASCE 24, whichever is greater.

(B) Mechanical equipment and utilities shall be waterproofed or elevated at least one foot above the BFE, or as required by ASCE 24, whichever is greater.

(ii) If located in an AO zone, the structure shall meet the requirements in WMC 21.53.170.

(iii) If located in an unnumbered A zone for which a BFE is not available and cannot be reasonably obtained, the structure shall be reasonably safe from flooding, but in all cases the lowest floor shall be at least two feet above the highest adjacent grade.

(iv) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(A) Have a minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

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

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

(D) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry and exit of flood waters.

Alternatively, a registered engineer or architect may design and certify engineered openings.

(b) If the requirements of subsection (2)(a) of this section are not met, then new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet all of the following requirements:

(i) Be dry floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water or dry floodproofed to the elevation required by ASCE 24, whichever is greater;

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

(iii) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in WMC 21.53.120(3)(b);

(iv) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(d) of this section.

(3) Manufactured Homes. All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(4) Recreational Vehicles.

(a) Recreational vehicles placed on sites are required to either:

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

(ii) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(b) Meet the requirements of subsection (3) of this section.

(5) Enclosed Area Below the Lowest Floor. If buildings or manufactured homes are constructed or substantially improved with fully enclosed areas below the lowest floor, the areas shall be used solely for parking of vehicles, building access, or storage.

(6) Appurtenant Structures (Detached Garages and Small Storage Structures). For A Zones (A, AE, A1-30, AH, AO):

(a) Appurtenant structures used solely for parking of vehicles or limited storage may be constructed such that the floor is below the BFE, provided the structure is designed and constructed in accordance with the following requirements:

(i) Use of the appurtenant structure must be limited to parking of vehicles or limited storage;

(ii) The portions of the appurtenant structure located below the BFE must be built using flood resistant materials;

(iii) The appurtenant structure must be adequately anchored to prevent flotation, collapse, and lateral movement;

(iv) Any machinery or equipment servicing the appurtenant structure must be elevated or floodproofed to or above the BFE;

(v) The appurtenant structure must comply with floodway encroachment provisions in WMC 21.53.160(1);

(vi) The appurtenant structure must be designed to allow for the automatic entry and exit of flood waters in accordance with WMC 21.53.140(1)(d);

(vii) The structure shall have low damage potential;

(viii) If the structure is converted to another use, it must be brought into full compliance with the standards governing such use; and

(ix) The structure shall not be used for human habitation.

(b) Detached garages, storage structures, and other appurtenant structures not meeting the above standards must be constructed in accordance with all applicable standards in WMC 21.53.140(1).

(c) Upon completion of the structure, certification that the requirements of this section have been satisfied shall be provided to the Floodplain Administrator for verification. (Ord. 699 § 6 (Att. A), 2020)

In areas with BFEs (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (Ord. 699 § 6 (Att. A), 2020)

Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that can carry debris, and increase erosion potential, the following apply:

(1) No Rise Standard. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.

(2) Residential Construction in Floodways.

(a) Construction or reconstruction of residential structures is prohibited within designated floodways, except for:

(i) Repairs, reconstruction, or improvements to a structure that do not increase the ground floor area; and the cost of which does not exceed 50 percent of the market value of the structure either:

(A) Before the repair or reconstruction is started; or

(B) If the structure has been damaged, and is being restored, before the damage occurred.

(ii) Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent market value of the structure.

(b) Replacement of Farmhouses in Floodway. Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and that are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170 may be permitted subject to the following:

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

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

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

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

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

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

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

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

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

(c) Substantially Damaged Residences in Floodway. For all substantially damaged residential structures, other than farmhouses, located in a designated floodway:

(i) The Floodplain Administrator may make a written request that the Department of Ecology assess the risk of harm to life and property posed by the specific conditions of the floodway. Based on analysis of depth, velocity, flood-related erosion, channel migration, debris load potential, and flood warning capability, the Department of Ecology may exercise best professional judgment in recommending to the local permitting authority repair, replacement, or relocation of a substantially damaged structure consistent with WAC 173-158-076. The property owner shall be responsible for submitting to the local government and the Department of Ecology any information necessary to complete the assessment. Without a favorable recommendation from the department for the repair or replacement of a substantially damaged residential structure located in the regulatory floodway, no repair or replacement is allowed per WAC 173-158-070(1).

(ii) A replacement residential structure is a residential structure built as a substitute for a legally existing residential structure of equivalent use and size. Before the repair, replacement, or reconstruction is started, all requirements of the NFIP, the State requirements adopted pursuant to Chapter 86.16 RCW, and all applicable local regulations must be satisfied. In addition, the following conditions must be met:

(A) There is no potential safe building location for the replacement residential structure on the same property outside the regulatory floodway;

(B) Repairs, reconstruction, or replacement of a residential structure shall not increase the total square footage of floodway encroachment;

(C) The elevation of the lowest floor of the substantially damaged or replacement residential structure is a minimum of one foot higher than the BFE;

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

(E) New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of flood water into the system and discharge from the system into the flood waters; and

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

(3) All Other Building Standards Apply in the Floodway. If subsection (1) of this section is satisfied or construction is allowed pursuant to subsection (2) of this section, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of WMC 21.53.130 through WMC 21.53.200 (provisions for flood hazard reduction). (Ord. 699 § 6 (Att. A), 2020)

Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In addition to other provisions in this chapter, the following shall apply in AO zones:

(1) New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement and mechanical equipment) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community’s FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified).

(2) New construction and substantial improvements of nonresidential structures within AO zones shall either:

(a) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

(b) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in WMC 21.53.140(1)(d).

(3) Require adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

(4) Recreational vehicles placed on sites within AO zones on the community’s FIRM shall either:

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

(b) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(c) Meet the requirements of subsections (1) and (3) of this section and the anchoring requirements for manufactured homes in WMC 21.53.130(1). (Ord. 699 § 6 (Att. A), 2020)

All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the State building codes with adopted amendments shall:

(1) Be located and constructed to minimize flood damage;

(2) Meet the encroachment limitations of this chapter if located in a regulatory floodway;

(3) Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood;

(4) Be constructed of flood damage-resistant materials;

(5) Meet the flood opening requirements of WMC 21.53.140(1)(d); and

(6) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. (Ord. 699 § 6 (Att. A), 2020)

Construction of new critical facilities shall be, to the extent possible, located outside the limits of the SFHA (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the BFE shall be provided to all critical facilities to the extent possible. (Ord. 699 § 6 (Att. A), 2020)

Elevated areas for the purpose of creating a flood sanctuary for livestock are allowed on farm units where livestock is allowed. Livestock flood sanctuaries shall be sized appropriately for the expected number of livestock and be elevated sufficiently to protect livestock. Proposals for livestock flood sanctuaries shall meet all procedural and substantive requirements of this chapter. (Ord. 699 § 6 (Att. A), 2020)

It is the duty of the City to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the base flood elevation are so serious that variances from the flood elevation or from other requirements in this chapter should be rare. The long-term goal of preventing and reducing flood loss and damage can only be met if the granting of variances is strictly limited. The criteria are designed to exclude those situations in which alternatives other than a variance are more appropriate. The provisions for a flood variance are set forth in WMC 21.84.020. (Ord. 699 § 6 (Att. A), 2020)