28.12.030 Exemptions.
All exempted activities shall use reasonable methods supported by best available science or accepted BMPs with the least amount of potential impact to the critical areas. Any incidental damage to, or alteration of a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense. This includes, but is not limited to, access ways or paths, vegetation removal or damage beyond a reasonable work zone, and grading and clearing not essential to the ongoing operation of the site’s use. To be exempt from this title does not give permission to destroy a critical area or ignore risk from natural hazards. Exempted activities within critical areas and their buffers are listed below.
If the proposed activity meets any of the exemptions listed below, including any BMP and/or restoration requirements, further critical area review is not required. The permit applicant shall describe the proposed project in writing and identify the criteria in this section that apply to the requested exemption and submit this to the Department of Community and Economic Development. The Department of Community and Economic Development will review the exemption request to verify that it complies with this title and certify or reject the exemption. If the project is rejected, the applicant may continue in the review process and shall submit to the requirements of the review process.
(1) Emergency activities necessary to prevent an immediate threat to public health, safety, or welfare. An emergency is an unanticipated and imminent threat to the public health or safety or to the environment that requires immediate action within a period of time too short to allow compliance with this title. Restoration must be initiated within one year of the date of the emergency and must be completed within six months of the initiation date.
(2) Maintenance, operation, and reconstruction of existing structures, facilities, improved areas, utilities, sewage disposal systems, water systems, ponds, or public and private roads and driveways. When such structures are damaged by an act of nature, they may be reconstructed or replaced within two years of the act of nature; provided, that the new construction or related activity does not further intrude into a critical area or established buffer. Such reconstruction and replacement is subject to other applicable City regulations and permit requirements.
(3) Modification of any existing structure that does not alter the structure to further intrude into a critical area or established buffer and does not increase risk to life and property. Modification includes construction of tenant improvements, fences, decks, patios, driveways, signs, and accessory structures.
(4) Operation and maintenance of any system of existing dikes, levees, ditches, drains, or other facilities which were created, developed or utilized primarily as a part of a drainage or diking system. Operation and maintenance does not include the expansion or new construction of drainage ditches and related facilities.
(5) Removal of hazardous trees and vegetation and, when necessary, measures to control or prevent a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that no vegetation shall be removed from a critical area or its buffer without approval from the City.
(6) 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 those features that provide critical habitat for anadromous fish and those features that were created as mitigation for projects or alterations subject to the provisions of this title.
(7) Passive recreational activities, including, but not limited to, fishing, bird-watching, boating, swimming, hiking, and use of nature trails, provided the activity does not alter the critical area or its buffer.
(8) 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 soil, planting crops, or changing existing topography, water conditions or water sources.
(9) Educational and scientific research.
(10) Construction or modification of boundary markers.
(11) Site investigation work necessary for land use applications such as surveys, soil logs, percolation tests and other related activities. In every case, disturbed areas shall be immediately restored.
(12) Existing and ongoing agricultural activities and related development activities, provided no alteration of flood storage capacity or conveyance, or increase in the extent or nature of impact to a critical area or its buffer occurs, beyond that which has occurred prior to the effective date of this title. [Ord. 4525 § 1, 2021; Ord. 3911 § 2, 2009; Code 1970 § 28.12.030.]