16.55.080 Minor critical area permits.
A. Minor critical area permits are for minor activities that occur in critical areas and/or their buffers and have little or no impact. Minor activities are described in subsection (C) of this section. The applicant shall provide a critical area evaluation, per BMC 16.55.205, for the activity. The director may issue, deny, or condition a minor critical area permit for the activity or activities.
B. All minor activities described in subsection (C) of this section shall be conducted using best management practices to protect critical area functions and values. Mitigation shall be provided if functions and values are affected by the activity.
C. Minor Activities. The following activities shall be construed as minor; provided, that they are consistent with the intent and purpose of this chapter and are consistent with the provisions of other local, state, and federal laws and requirements.
1. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to public or private property and that require remedial or preventative action in a time frame too short to allow for obtaining approval before the emergency action. Emergency actions shall minimize any potential impact to a critical area or its buffer. The entity undertaking such action shall notify the city within one week following commencement of the emergency activity. Within 30 days of the notification, the director shall determine if the activity taken was within the scope of the emergency actions allowed in this subsection.
If the activity is determined to be an emergency by the director, then within 30 days of said determination the entity who performed the emergency work shall apply for a minor critical area permit and submit all the necessary application materials, including a mitigation plan if there were impacts to the critical area. Mitigation activities shall commence within one year of the emergency and in the appropriate season.
If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions shall apply.
Within 30 days of permit issuance for the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan. The person or agency undertaking the action shall apply for review, and the alteration, critical area report, and mitigation plan shall be reviewed by the city in accordance with the review procedures contained herein. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency, and completed in a timely manner.
2. Normal Operation, Maintenance, Demolition and Deconstruction or Repair. Normal maintenance, or repair of lawfully established existing buildings, demolition and deconstruction, improvements, utilities, public or private roads, dikes, levees, and drainage systems and landscaping that do not require construction permits, provided the activity does not increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed activity except as specified in subsection (C)(2)(a) of this section. Normal maintenance includes activities performed in accordance with best management practices that are part of normal ongoing maintenance and do not expand further into the critical area and do not directly impact an endangered or threatened species.
a. For instances where any of the activities specified above results in an expansion to an existing structure and said activity is located partly or wholly within the regulated buffer of a geologically hazardous area, as defined, but not within the critical area itself, said activity may be exempt, provided:
i. The subject activity is attached to a legally established structure; or
ii. If the proposed structure is self-supporting (not attached) and requires a building permit, it may not be a new primary or accessory use building; and
iii. A qualified professional, as defined, demonstrates that there will be no impact to the critical area and that there is no increased risk to health, safety and welfare of the subject property and adjacent properties based upon submittal of the required information in BMC 16.55.205 or as required by the director.
3. Modification to Existing Structures. Structural modification of, addition to, or replacement of an existing legally constructed structure. Said modification shall not further alter or increase any code nonconformity or impact to the critical area or buffer except as specified in subsection (C)(2)(a) of this section and in BMC 16.55.130(C) and there is no increased risk to life or property as a result of the proposed modification or replacement. Restoration of structures substantially damaged by fire, flood, or act of nature must be initiated within one year of the date of such damage, as evidenced by the issuance of a valid building permit, and diligently pursued to completion.
4. Activities within the Improved Portion Right-of-Way. Replacement, modification, installation, or construction of sidewalks, trails, minor road-related projects, utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a city authorized private roadway except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater; subject to the following:
a. Retention and/or replanting of native vegetation shall occur along the right-of-way improvement and resulting disturbance, as determined by the director.
5. Minor Utility Projects. Utility projects which have minor or short-duration impacts to critical areas, as determined by the director in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria:
a. There is no practical alternative to the proposed activity with less impact on critical areas;
b. The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility; and
c. The activity involves disturbance of an area less than 500 square feet.
6. Select Vegetation Removal Activities. The following vegetation removal activities are allowed; provided, that no vegetation shall be removed from a critical area or its buffer without approval from the director:
a. Removal of noxious weeds using nonmotorized equipment or light equipment if approved by the director. If herbicides are used to control these weeds, a Washington State Department of Agriculture-licensed applicator is required, unless otherwise authorized by the director. For sites near water bodies, including wetlands, only products that are approved for use near and/or in water shall be used. All work shall comply with stormwater regulations, Chapter 15.42 BMC. Replanting with native vegetation shall occur as determined by the director.
b. Removal and pruning of hazard trees; provided, that an ISA (International Society of Arboriculture)-certified arborist documents the hazard and provides a report including a risk assessment, a site plan showing the location of the trees, and a replacement plan to the director for review and approval. The applicant shall replace any cut tree with three native replacement trees (3:1 replacement ratio), unless determined otherwise by the director, within six months of cutting. The applicant shall provide documentation to the city demonstrating that the replacement plantings were installed within six months of the tree removal. Cut trees and other vegetation may be left within the critical area or buffer where it does not pose a public threat or nuisance or damage significantly the surrounding vegetation.
c. Root systems and bases of cut trees shall be left intact and undisturbed. When possible the cut tree shall be left as a snag and be as tall as safely possible. The snag shall be retained as a habitat feature.
d. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the director; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this chapter.
7. Fences. The construction of fences within geologically hazardous areas and all other critical area buffers provided the location does not result in restricting wildlife movement, the location is the least impactful to the critical area as possible, and there is no alternative to fencing to achieve the purpose of the fence.
8. Chemical Applications. The application of herbicides, pesticides, fertilizers, as deemed necessary; provided, that their use shall be in accordance with State Department of Fish and Wildlife management recommendations and the regulations of the State Department of Agriculture and the U.S. Environmental Protection Agency.
9. Fish, Wildlife and Wetland Restoration Activities. Fish, wildlife, and/or wetland restoration or enhancement activities not required as project mitigation; provided, that the project is approved by the Washington State Department of Fish and Wildlife, Washington State Department of Ecology, Army Corps of Engineers, or other appropriate local, state, federal, or tribal jurisdiction. [Ord. 2016-02-005 § 5; Ord. 2010-08-050; Ord. 2008-07-067; Ord. 2005-11-092].