16.55.085 Exemptions.
A. Exemption Request and Responsibilities. Activities listed below in subsections (B) and (C) of this section are exempt from obtaining a critical area permit or a minor critical area permit. The proponent of the activity shall submit a written request for an exemption to the director that describes the activity and shows the activity on a site plan. The director shall review the request to verify that it complies with this chapter and approve, condition, or deny the request. The proponent shall not begin the activity until director approval has been obtained. To be exempt from this chapter does not give permission to degrade a critical area or ignore risks from natural hazards. Any incidental damage to or alteration of a critical area that results from an exempt activity shall be restored or replaced at the expense of the responsible party with a period not to exceed one year.
B. The following activities are allowed within critical area buffers without any critical area permit as determined by the director:
1. Installation of diminutive, nonhabitable residential features that do not require a building permit or maintenance (excluding removal) of existing landscaping. Removal of hazard trees or noxious weeds shall be done in accordance with BMC 16.55.080(C)(6).
C. The following activities are allowed within a critical area and/or critical area buffer without any critical area permit as determined by the director:
1. Minor Site Investigative Work. Minimal site work expressly for the need to gather site information such as surveys, soil logs and borings, percolation tests, scientific research and other related activities necessary to provide documentation of critical areas and/or their buffers, where such activities do not require construction of new roads and only minimal amounts of excavation. Soil test pits for wetland determinations shall follow the methodology in BMC 16.55.290(A). In every case, disturbance to the critical area shall be minimized through best management practices and the use of low-impact equipment. Septic excavation pits are prohibited in wetlands or areas suspected of being wetlands. [Ord. 2016-02-005 § 7].