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(1) Process. The Director of Community Development shall allow activities that are verified to comply with this Chapter. Documentation of allowed activities shall be maintained on file at the department.

(2) Allowed Activities Shall Avoid Impacts to Critical Areas. All allowed activities shall use reasonable methods to avoid potential impacts to critical areas, using best management practices that result in the least amount of impact to the critical areas where practicable. Designation as an allowed activity does not give permission to degrade a critical area or ignore risk from natural hazards. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city shall observe the use of best management practices to ensure that the activity does not result in degradation to the critical area. 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.

(3) Allowed Activities. The activities identified in this Subsection shall be allowed in critical areas and their buffers without a critical area report, provided they are otherwise consistent with applicable local, state, and federal laws. If a proposed or unauthorized activity does not meet the qualifications specified for that activity in this Subsection, it shall be addressed through the general review procedures set forth in Section 16.50.130 or the enforcement provisions set forth in Section 16.50.220, as applicable. Allowed activities are as follows:

(a) Emergencies. Emergency activities are those activities necessary to prevent an immediate threat to public health, safety, or welfare, or those that pose an immediate risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this Chapter. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the Director of Community Development within one working day following commencement of the emergency activity. Within 30 days, the Director of Community Development shall determine if the action taken was within the scope of the emergency actions allowed in this Paragraph. If the Director of Community Development determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions of Section 16.50.220 shall apply. After the emergency, the person or agency undertaking the action shall fully restore and/or mitigate any impacts to the critical area and buffers resulting from the emergency action in accordance with the critical area report and mitigation plan. The person or agency undertaking the action shall apply for review, and the critical area report and mitigation plan shall be reviewed by the Director of Community Development 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;

(b) Operation, Maintenance or Repair. Operation, normal and routine maintenance or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees or drainage systems that do not require a development permit, if the activity does not further alter or 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 operation, maintenance, or repair;

(c) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the critical area, including fishing, hiking, and bird watching;

(d) Permit Requests Subsequent to Previous Critical Area Review. Development permits that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits), and construction approvals (such as building permits) if all of the following conditions have been met:

(i) the provisions of this Chapter have been previously addressed as part of another approval;

(ii) there have been no material changes in the potential impact to the critical area or buffer since the prior review;

(iii) there is no new information available that is applicable to any critical area review of the site or particular critical area;

(iv) the permit or approval has not expired or, if no expiration date, no more than five years has elapsed since the issuance of that permit or approval; and

(v) compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured;

(e) Modification to Existing Structures. Structural modification of, addition to, or replacement of an existing legally constructed structure that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement, provided that 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;

(f) Activities Within the Improved Right-of-Way. Replacement, modification, installation, or construction of 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;

(g) Planting of Vegetation. Planting of vegetation within a critical area or its buffer, provided a landscaping plan for this activity has been approved by the city;

(h) Conservation Activities. Conservation, restoration, or preservation of soil, water, vegetation, fish, and other wildlife that does not entail changing the structure or functions of the existing critical area;

(i) Pedestrian/Bicycle Trails. Pedestrian/bicycle trails that are located in buffer areas but not within wetlands or habitat conservation areas, where the trail surface meets all other requirements including water quality standards set forth in the city’s Design Standards;

(j) Select Vegetation Removal Activities. Select vegetation removal activities are allowed. Accepted vegetation removal activities include: a) removing and controlling invasive or noxious weeds; b) harvesting 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, or alteration of the critical area by changing existing topography, water conditions, or water sources; c) removing trees that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; or c) removing vegetation to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act (Chapter 76.09 RCW). Unless otherwise provided or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a habitat conservation area or wetland shall be prohibited;

(k) Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, provided that their use shall be conducted in accordance with applicable state and federal law;

(l) Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and

(m) Boundary Markers. Installation or modification of boundary markers. (Ord. 21-15 §6, 2021; Ord. 19-6 §4, 2019; Ord. 03-18 §12, 2003).