A. 
This title is established and adopted pursuant to the Growth Management Act (RCW 36.70A.060).
B. 
As provided herein, the director or their designee is given the authority to interpret, apply, and enforce this title.
(Ord. 17-513 § 3 (Exh. A); Ord. 20-572 § 6 (Exh. F))
A. 
The purpose of this title is to protect the critical areas of Edgewood from the impacts of development by establishing minimum standards for development activity on sites that contain or adjoin any critical area or its buffer(s). Further, the purpose of these regulations is to mitigate the potential hazard(s) to development in and near critical areas.
B. 
The purpose is further envisioned to promote the public health, safety, and welfare by:
1. 
Avoiding impacts to critical areas;
2. 
Mitigating unavoidable impacts of regulated activities;
3. 
Protecting critical areas from impacts of development;
4. 
Protecting the public against losses from:
a. 
Costs of public emergency rescue and relief operations where the causes are avoidable; and
b. 
Degradation of the natural environment and the expense associated with repair or replacement;
5. 
Preventing adverse impacts on water availability, water quality, wetlands, and streams;
6. 
Protecting unique, fragile, and valuable elements of the environment, including critical fish and wildlife habitat conservation areas;
7. 
Providing department staff with sufficient information to adequately protect critical areas and proposed development activity when approving, conditioning, or denying public or private regulated activities;
8. 
Providing the public with sufficient information and notice of potential risks associated with development in critical areas; and
9. 
Implementing the goals and requirements of the Growth Management Act (RCW 36.70A.060), the State Environmental Policy Act (SEPA), the city's comprehensive plan, and all updates, amendments, functional plans, and other land use policies formally adopted or accepted by the city.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
In the interpretation and application of this title, all provisions shall be:
1. 
Considered the minimum necessary for compliance; and
2. 
Liberally construed to serve the purposes of this title.
B. 
Nothing contained herein shall be deemed to limit or repeal any other powers under state statute.
(Ord. 17-513 § 3 (Exh. A))
A. 
This title shall apply to all lands and waters within Edgewood designated, mapped, or identified as a critical area, critical area buffer, closed depression, erosion hazard area, flood hazard area, landslide hazard area, seismic hazard area, sensitive area, volcanic hazard area, or wellhead protection area.
B. 
This chapter contains general provisions that apply throughout this title. Unless otherwise excepted herein or under the chapters contained in this title, no development, development activity, or regulated activities shall hereafter take place without full compliance with this title.
C. 
When the requirements of this title are more stringent than those of other city codes and regulations, the requirements of this title shall apply.
D. 
Compliance with these regulations does not remove an applicant's obligation to comply with applicable provisions of any other federal, state, or local law or regulation.
E. 
Criteria for determining the presence of a critical area is contained within each chapter of this title.
F. 
When a site contains two or more critical areas, the site shall meet the minimum standards and requirements for each.
G. 
Critical areas, as defined in EMC § 14.20.010, Definitions, and known potential critical areas shall be shown on the geographic coverage layers maintained as a part of the city's geographic information system (GIS) under the authorization of the director. No unauthorized person may alter or modify the critical areas GIS layers. This geographic coverage layer, as amended from time to time, shall constitute the official critical areas map and shall be incorporated into this title by reference as if fully set forth herein.
H. 
The boundary of each mapped area identified in subsection (A) of this section is approximate and is only intended to provide an indication of the presence of a critical area on a particular site. Additional critical areas that have not been mapped may also be present on a site. The actual presence of a critical area and the applicability of these regulations shall be determined based upon the classification or categorization criteria and review procedures established for each critical area. City staff or the city's consultant(s) may request the ability to perform an on-site inspection to assess the site in order to advise if additional studies or reports shall be included with any development application.
(Ord. 17-513 § 3 (Exh. A); Ord. 22-622 § 1 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
Critical Areas Permit or Approval Required. Approval must be obtained from the Department when the Department determines that the site or project area may contain a critical area or its buffer, as set forth in each Chapter. No person may commence any development or regulated activity in a critical area and its applicable buffers or potential critical area and its potential applicable buffers without first obtaining the applicable permits and/or approvals from the city.
B. 
Critical Areas Approval with Underlying Permit.
1. 
If the city requires that another permit application be submitted under a different code chapter in order to allow the proposed development activity or regulated activity, then a separate critical areas permit may not be required. Instead, the city shall review the underlying application, together with the application materials required herein, to determine compliance or noncompliance with this title. The determination on such compliance or noncompliance shall be incorporated within the decision on the underlying application.
2. 
In addition to the materials required to make the underlying application complete as required by EMC § 18.40.150, the applicant shall also submit a critical areas report pursuant to EMC § 14.10.080 and any other materials as set forth herein.
3. 
A pre-application meeting is not required but is highly recommended.
C. 
Critical Areas Permit.
1. 
If the city does not require any other permit in order to allow the proposed development activity or regulated activity, the applicant shall be required to obtain a separate critical areas permit in order for the proposed development activity to proceed. An applicant may also request a critical area permit for project sites prior to seeking an application for a development proposal. Unless there is a change in site conditions, or changes in mapping sources, the critical area permit will be valid for five years after the date of the issuance.
2. 
A critical areas permit shall be reviewed as a Type II - Major administrative action as set forth in EMC § 18.40.090.
3. 
Applications shall be reviewed for completeness in accordance with EMC § 18.40.150, including a critical areas report pursuant to EMC § 14.10.080 and any other items identified in this title as necessary to complete the application for the specific critical area.
4. 
A pre-application meeting is not required but is highly recommended.
D. 
Critical areas reports shall not be submitted without an accompanying permit application for an underlying action, such as, but not limited to, a critical area permit, building permit, subdivision or boundary line adjustment action, site development, TPCHD permit, or an administrative, conditional, or special use permit, with the exception of applications required by the department as a result of an enforcement action, reports required by TPCHD for septic design approval, or associated with a request under the Pierce County open space public benefit rating system tax program.
E. 
Modifications. The department may request an update of any required assessment, report, or delineation due to the potential for change in the existing environment that may have been caused by a natural event (e.g., seismic event, landslides, or flooding) or human-induced activity, either of which taking place after initial submittal but prior to the Department granting approval or issuance.
F. 
Public Notice. Public notice provisions for notice of application, public hearing, if applicable, and final decision pursuant to this title are outlined in EMC Chapter 18.40.
G. 
Review.
1. 
Initial Review. The department shall conduct an initial review of any application in accordance with the provisions outlined in EMC Chapter 18.40.
2. 
Third Party Review. The department may require or determine independent third-party review by a qualified professional is required due to the scale or complexity or the proposal.
3. 
Review Responsibilities.
a. 
The department is responsible for administration, circulation, and review of any applications and approvals required by this title.
b. 
Any reasonable use exception applications shall follow EMC § 14.30.050 and any variance application shall follow EMC § 14.10.100.
c. 
Other cities, Pierce County departments, and state agencies, as determined by the department, may review an application and forward their respective recommendations to the director or hearing examiner, as appropriate.
4. 
Review Process.
a. 
The department shall perform a critical area review for any application submitted for a regulated activity. Reviews for multiple critical areas shall occur concurrently.
b. 
The department shall, to the extent reasonable, consolidate the processing of related aspects of other city regulatory programs which affect activities, such as subdivision or site development, in any regulated critical area.
c. 
As part of the initial review of all related permit applications, the department shall review the information submitted by the applicant to:
i. 
Confirm the nature and type of the critical area and evaluate whether any assessments, reports, or studies are required;
ii. 
Determine whether the development proposal is consistent with this title;
iii. 
Determine whether any proposed alterations to the site containing critical areas are necessary; and
iv. 
Following mitigation sequencing pursuant to EMC § 14.10.070B, determine if the mitigation and monitoring plans submitted by the applicant are sufficient to protect the public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this title.
d. 
Regulated activities subject to SEPA shall also be reviewed with consideration for impacts on critical areas as identified in this title. Regulated activities that pose a significant adverse impact which are not addressed by the standards and criteria established in this title may be subject to additional mitigation measures as determined through the SEPA process.
e. 
Critical areas review and approval required under this title shall be approved prior to approval of any underlying permit action.
f. 
The department may waive the requirement to submit a critical area report when the proposed project area for a regulated activity is located in an area that has been the subject of a previously submitted and approved assessment or report, if all of the following conditions have been met:
i. 
The provisions of this title have been previously addressed as part of another approval;
ii. 
There has been no material change in the potential impact to the critical area or required buffer since the prior review;
iii. 
There is no new information available that is applicable to any critical review of the site or particular critical area;
iv. 
The permit or approval has not expired, or, if there is no expiration date, no more than five years have 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.
5. 
Right of Entry.
a. 
When an application has been submitted, voluntarily as a condition of the application, the city shall have a right of entry to verify the submitted information is correct; to ensure any applicable condition(s) of approval were satisfied; to confirm any required monitoring is being performed; or to attest that all outstanding items subject to a performance bond were completed.
b. 
The right of entry shall extend until the last condition in the permit has been satisfied.
6. 
Burden of Proof. The applicant has the burden of proving that a proposed application complies with the standards set forth in this title.
7. 
Final Decision. The City may approve, approve with conditions, or deny any development proposal in order to comply with the requirements and carry out the goals, purposes, objectives and requirements of this title.
a. 
The decision shall be based on the Department's or Examiner's, as applicable, evaluation that the proposal is able to comply with the requirements and carry out the goals, purposes, objectives, and requirements of this title.
b. 
Applicants shall comply with the recommendations and/or mitigation measures contained in final approved assessments or reports and any final decision and conditions of approval.
c. 
Approval of an application required under this title must be given prior to the start of any development activity on a site.
8. 
Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to this title is set forth in EMC Chapter 18.40.
H. 
Time Limitations.
1. 
Approvals granted under this title shall be valid for the same time period as the underlying permit. If the underlying permit does not contain a specified expiration date, then approvals granted under this title shall be valid for a period of three years from the date of issue, unless a longer or shorter period is specified in the final decision.
2. 
The approval shall be considered null and void upon expiration, unless a time extension is requested and granted as set forth in EMC § 18.40.090 or 18.40.100, based on the approval process type.
I. 
Recording.
1. 
Approvals.
a. 
Except for work proposed within a recorded, existing utility easement, approvals to modify a critical area or which otherwise require mitigation and or monitoring shall be recorded on the title of the project parcel(s) at the Pierce County auditor's office by city of Edgewood staff prior to issuance of any permit authorizing the project to proceed and at the sole expense of applicant.
b. 
EMC § 14.10.070F, Title and Land Division Notification, contains additional recording requirements.
(Ord. 17-513 § 3 (Exh. A); Ord. 23-652 §§ 37, 38 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
General. All critical area tracts, conservation easements, land trust dedications, and other similarly preserved areas shall remain undeveloped in perpetuity, except as they may be allowed to be altered pursuant to this title.
B. 
Mitigation Sequencing. Adverse impacts shall be mitigated using the following action(s) in order of priority, with the lower priority measures only being applied when the higher priority measures are determined to be infeasible or inapplicable:
1. 
Avoiding the impact altogether by not taking a certain action or parts of an action;
2. 
Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;
3. 
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
4. 
Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
5. 
Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
6. 
Monitoring the mitigation and taking remedial action when necessary.
C. 
Identification of Critical Areas and Required Buffers on Construction Plans. Critical areas and required buffers shall be clearly identified on all construction plans.
D. 
Building Setbacks.
1. 
Unless otherwise provided in this title, buildings and other structures shall be set back a minimum of 15 feet from the edge of critical area buffers, or from the edge of the critical area itself where no buffers are required, for the following critical areas: wetlands, fish and wildlife habitats, landslide, seismic and erosion hazards.
2. 
Only the following uses and activities may be allowed in the building setback area:
a. 
Landscaping;
b. 
Uncovered decks;
c. 
Building overhangs extending 18 inches or less into the setback area;
d. 
Impervious ground surfaces, such as driveways, parking lots, roads, walkways, and patios; provided, that such improvements conform to the water quality standards set forth in the city's adopted stormwater management manual and that construction equipment does not enter the buffer during the construction process; or
e. 
Clearing and grading.
E. 
Financial Guarantees.
1. 
The city may require an applicant to submit one or more financial guarantees to the city to guarantee any performance, mitigation, maintenance, or monitoring required as a condition of permit approval. The approval for the project will not be granted until the financial guarantee is received by the department. Projects where the city or one of its departments is the applicant shall not be required to post a financial guarantee.
2. 
Financial guarantee instruments required under this title shall be:
a. 
In addition to any other site development guarantees required for project approval;
b. 
Submitted on financial guarantee forms approved by the city;
c. 
In the amount of 125 percent of the estimated cost of mitigation or monitoring, plus an additional 5% for each year beyond five years of monitoring, to allow for inflation and administration should the city have to complete the mitigation or monitoring; and
d. 
Released by the city only when the applicant's appropriate technical professional has provided written confirmation that the performance, mitigation, or monitoring requirements have been met and the department or its agent inspected the site(s) for compliance.
3. 
Failure to complete any performance, mitigation, or monitoring may result in the forfeiture or release of the guarantee. Applicants who have previously defaulted will no longer be allowed to post a bond guarantee for improvements necessary for approval of a land use application. Applicants who have previously defaulted will be allowed to post cash guarantees for subsequent critical area mitigation work needed for approval of a land use application or permit, but the guarantee must be by cash guarantee only.
F. 
Title and Land Division Notification.
1. 
General.
a. 
Approval notice, title notice, or land division notice(s) shall be required to be recorded with the Pierce County auditor on each site that contains a critical area at the time of approval of any regulated activity on a site.
b. 
If more than one critical area subject to the provisions of this title exists on the site, then one notice which addresses all of the critical areas may be sufficient.
c. 
Title or land division notifications and notes shall be approved by the department and shall be consistent with EMC § 14.10.150, Appendix.
d. 
Applicant shall be responsible for the recording costs of the notice.
2. 
Land Division Notification and Notes. As referenced in EMC § 14.10.150, there shall be notes included on the face of any final plat, final binding site plan, or short plat that contain any critical areas or buffers. The critical area boundaries and the boundary of any associated buffers shall be identified on the face of these documents prior to submission to the city for approval.
G. 
Tracts and Conservation Easements. Prior to final approval of any final plat, final binding site plan, or short plat, the part of the critical area and required buffer, which is located on the site, shall be placed in a separate tract(s) or conservation easement(s). The following requirements apply:
1. 
Critical area tracts must adhere to the provisions in EMC § 16.01.100, and the face of the plat shall include the requirement that the owners of all lots shall be required to preserve, protect, and maintain the critical areas.
2. 
Critical area tracts shall not be dedicated to the city without explicit written approval from the director.
3. 
A permanent conservation easement shall indicate allowable and prohibited uses within the critical area and required buffer.
H. 
Homeowner's Covenants. A description of the critical area and required buffer shall be placed in any required homeowner's covenants. Such covenants shall contain a detailed description of the allowable uses within the critical area and, if applicable, associated buffer and long-term management and maintenance requirements of the critical area.
I. 
Markers, Fencing, and Signage.
1. 
Markers.
a. 
Prior to final approval of any critical areas application, the department may require the outer edge of the applicable onsite critical areas' boundaries or buffer boundaries be flagged by the qualified professional as outlined in each chapter herein.
b. 
The boundaries of any required conservation easements and/or tracts shall then be identified with permanent markers made of rebar and cap located and placed by a licensed surveyor, unless otherwise stated in this title. The permanent markers shall be clearly visible, durable, and permanently affixed to the ground.
2. 
Fencing.
a. 
Temporary Construction Fencing.
i. 
Temporary fencing is required whenever land disturbing activity is proposed and vegetation is to be retained in an undisturbed condition within the critical area and required buffer.
ii. 
When temporary fencing is required, the applicant shall construct silt fencing, construction fencing, or other city-approved method of temporary fencing at the edge of the critical area or the edge of the required buffer prior to beginning construction on the site.
b. 
Permanent Fencing. Where deemed necessary by the department to provide permanent protection to the applicable critical area, the applicant will be required to construct permanent, wildlife-passable fencing (split rail or similar design) along the buffer boundary.
3. 
Signage.
a. 
The department shall require permanent signage to be installed at the edge of the critical area or the edge of the required buffer for the following critical areas: wetlands, fish and wildlife habitats, and landslide hazards.
b. 
Exact sign wording, size, and design specifications shall be established by the department.
c. 
Signage shall be clearly visible, durable, and permanently affixed to the site, preferably on applicable permanent fencing at an interval of one every 50 feet, or one per lot if the lot is less than 50 feet wide, and must be maintained by the property owner in perpetuity.
d. 
Prior to final inspection approval of any critical area permit or associated underlying construction permit, the applicant shall submit an affidavit of posting to the department as proof that the required signs were posted on the site.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
Unless otherwise excepted herein, the applicant shall submit a critical areas report for review and approval prior to activity as required per EMC § 14.10.050
B. 
The critical areas report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance to evaluate the proposed development and all probable impacts to critical areas in accordance with the provisions of this title. The report shall reference the source(s) of science used in accordance with WAC 365-195-900 through 365-195-925.
C. 
At a minimum the report shall contain the following items:
1. 
The name and contact information of the applicant;
2. 
A description of the proposal;
3. 
The site plan for the proposed development, including a map drawn to scale depicting any critical areas, buffers, the proposed development, and any areas to be cleared or altered;
4. 
The date of the report and names and qualifications of the persons preparing the report;
5. 
Documentation of any fieldwork performed on the site;
6. 
Identification and characterization of all critical areas and buffers on and adjacent to the proposed development;
7. 
Assessment of the probable impact (direct, indirect, and cumulative) of the development proposal on the critical areas;
8. 
Detailed explanation of how the project is consistent with each of the mitigation sequencing standards identified in EMC § 14.10.070B;
9. 
If impacts to the buffer and/or critical area are proposed, a mitigation plan in accordance with EMC § 14.10.090 is required;
10. 
List of all applicable local, state, and federal permits that would be required;
11. 
A statement specifying the accuracy of the report, and all assumptions made and relied upon;
12. 
A discussion of the performance standards applicable to each critical area and the proposed development;
13. 
Any additional report information required for the critical areas as specified herein and subsequent chapters of this Title.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
When mitigation is required, the applicant shall submit a mitigation plan.
B. 
The mitigation plan shall include all of the following details:
1. 
Mitigation Sequencing. A description of reasonable efforts made to apply mitigation sequencing pursuant to EMC § 14.10.070(B) to avoid, minimize, and mitigate impacts to critical areas and buffers.
2. 
Mitigation Details.
a. 
A description of the anticipated impacts (direct, indirect, and cumulative) to the critical area and buffer, including impacts to critical area functions and values;
b. 
The type of mitigation proposed, e.g., on-site or off-site; site selection criteria; identification of compensation goals; and identification of critical area functions;
c. 
The environmental goals and objectives of the mitigation, together with specific measurable criteria and performance standards for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained;
d. 
A review of the best available science supporting the proposed mitigation; and
e. 
An analysis of the likelihood of success of the mitigation project.
f. 
An analysis and discussion regarding no net loss of critical area function or values.
3. 
Construction Details. The mitigation plan shall include written specifications, descriptions, and drawings of the mitigation proposed, including:
a. 
Construction sequence, timing, and duration;
b. 
Grading and excavation details;
c. 
Erosion and sediment control features; and
d. 
Planting plan specifying plant species, quantities, locations, size, spacing, density, and measures to protect and maintain plants until established. All plant species must be native to the region.
4. 
Monitoring Details.
a. 
A program for monitoring construction and assessing the outcome of the mitigation project, including the schedule for site monitoring, e.g., monitoring shall occur in year one, three, and five after site construction, and how the monitoring data will be evaluated to determine if the performance standards are being met. Monitoring reports shall be submitted to document milestones, successes, problems, and contingency actions of the compensation project. The mitigation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period of less than five years. For example, 10 years or more of monitoring are needed for forested and scrub-shrub communities. Mitigation monitoring shall be the responsibility of the applicant.
b. 
A contingency plan with courses of action and corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.
5. 
Mitigation Cost Estimate. A mitigation cost estimate for the entire compensatory mitigation project, per the requirements of EMC § 14.10.070E.
6. 
Other Requirements. The mitigation plan shall address any additional mitigation requirements relevant to the specific critical area as specified in the following chapters.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
General. An applicant who seeks to reduce wetland buffers below the provisions of EMC Chapter 14.40, fish and wildlife habitat conservation area buffers or riparian buffers below the provisions in EMC Chapter 14.50, landslide hazard buffer requirements of EMC Chapter 14.90, or the flood hazard area standards of EMC Chapter 14.80 may pursue a critical area variance.
B. 
Process. Deviations of less than or equal to 25 percent of the standard critical area buffer will be considered an administrative variance and may be processed under EMC §§ 18.40.070 and 18.40.090. All other deviations will be considered a general variance that requires a Hearing Examiner approval and shall be processed under EMC §§ 18.40.070 and 18.40.100. The criteria for approval for critical area variances are contained herein, and are not subject to the criteria for general variances contained in EMC § 18.50.080D.2. Conditions may be attached to any critical area variance which will serve to meet the goals, objectives, and policies of this title. Other state and federal permits and approvals may still apply.
C. 
Variance Criteria. A variance may be granted from the requirements of this chapter only if the decision maker makes written findings that the applicant has demonstrated that the requested action conforms to all of the criteria set forth as follows:
1. 
There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to surrounding properties or that make it impossible to redesign the project to preclude the need for a variance; and
2. 
The special conditions described above are specifically related to the property and unique conditions and not from the applicant's own actions (including deed restrictions); and
3. 
The applicant has followed the steps of Mitigation Sequencing consistent with EMC § 14.10.070B and provided mitigation to the maximum practical extent; and
4. 
That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties in the area, and will be the minimum necessary to afford relief; and
5. 
That the variance will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property; and
6. 
The decision to grant the variance incorporates the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat; and
7. 
The granting of the variance is consistent with the general purpose and intent of the Edgewood comprehensive plan and adopted development regulations.
D. 
Additional Criteria for Flood Hazard Area Variances. Refer to Chapter 14.80 EMC, Flood Hazard Areas, for specific criteria.
E. 
In lieu of the criteria stated in subsection C of this section, provided above, an applicant may pursue a wetland buffer variance through demonstration of all of the following criteria:
1. 
The variance results in an overall increase in the function of the wetland.
2. 
The variance will not jeopardize the continued existence of species listed by the Federal government or the State as endangered, threatened, sensitive, or documented priority species or priority habitats.
3. 
The applicant has avoided impacts and provided mitigation, pursuant to EMC § 14.10.070B, to the maximum practical extent.
F. 
In lieu of the criteria stated in subsection C of this section, provided above, an applicant may pursue a fish and wildlife habitat buffer variance through demonstration of all of the following criteria:
1. 
The variance will not adversely impact receiving water quality or quantity.
2. 
The variance will not adversely impact any functional attribute of the habitat area.
3. 
The variance will not jeopardize the continued existence of species listed by the Federal government or the State as endangered, threatened, sensitive, or documented priority species or priority habitats.
4. 
The applicant has avoided impacts and provided mitigation, pursuant to EMC § 14.10.070B, to the maximum practical extent.
G. 
Should a variance be denied, the applicant may submit a reasonable use exception application.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
Procedures for appeal of a final decision on a critical areas permit, a decision relating to critical areas in the underlying permit, a critical areas variance, or a critical areas flood hazard variance are set forth in Chapter 18.40 EMC.
(Ord. 17-513 § 3 (Exh. A))
A. 
Fees for applications or reviews of reports, studies, or plans filed pursuant to this title are set forth in the adopted fee schedule pursuant to EMC Chapter 3.35.
B. 
Applicant Responsibilities. Unless otherwise indicated in this title, the applicant shall be responsible for the initiation, preparation, submission, and expense of all required reports, assessment(s), studies, plans, reconnaissance(s), third-party peer review(s) by qualified consultants, and other work prepared in support of or necessary to review the application, pursuant to EMC § 3.35.030.
C. 
Payment. Fees established in accordance with this title shall be paid upon submission of a signed application or petition for appeal, or as otherwise provided by any fee ordinance or resolution adopted by the city council.
D. 
Investigation Fee. To investigate violations of this title, all city fees associated with investigation of violations of this title shall be assessed pursuant to EMC § 3.35.090.
(Ord. 17-513 § 3 (Exh. A); Ord. 23-652 §§ 39, 40, 41 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
The regulations for compliance with the provisions of this title are set forth in EMC § 18.30.040, Scope and compliance.
B. 
When a verified or potential critical area or its required buffer has been altered in violation of this title, the department shall require the property owner to bring the site into compliance. The property owner shall be required to submit the appropriate critical areas application(s), as applicable for each chapter of this title. In addition to any required site investigation, delineations, assessments, or reports, the property owner shall be required to submit a restoration plan that identifies the proposed mitigation to bring the subject property into compliance with the requirements of this title.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
The degree of protection required through application of this title is deemed to be reasonable for regulatory purposes and is based on best available science; however, natural events that may exceed the geographic boundaries regulated under this title can and will occur, e.g., flood heights that are higher than anticipated. This title does not imply that land outside designated hazard areas or uses permitted within such areas will be free from damages.
B. 
The express purpose of this title is to provide for the health, safety and welfare of the general public, and not to protect individuals or create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title. The obligation of complying with the requirements of this title and the liability for failing to do so is hereby placed upon the property owner and/or persons responsible for the condition of the property, buildings or premises.
C. 
Nothing in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, officials, employees or agents for any injury or damage resulting from the failure of the owner of property or land to comply with the provisions of this title or by reason or in consequence of any inspection, notice, order, certificate, permission or approval, authorized or issued or done in connection with the implementation or enforcement of this title, or by reason of any action or inaction on the part of the city, related in any manner to the enforcement of the title by its officers, officials, employees or agents.
(Ord. 17-513 § 3 (Exh. A))
Unless otherwise specified, violations of this title shall be deemed civil violations subject to enforcement pursuant to EMC Title 7, Code Enforcement.
(Ord. 20-572 § 6 (Exh. F))
A. 
Title and Plat Notification Forms.
APPENDIX A
TITLE AND PLAT NOTIFICATION FORMS
A.
Notice for Title Notification.
Tax Parcel Number:
Address:
Legal Description:
Present Owner:
NOTICE: This property contains [identify Critical Area, e.g., Wetlands or Wetland Buffers] as defined by EMC Title 14. The site was the subject of a development proposal for application number [insert case file number] filed on [insert date]. Restrictions on use or alteration of the site may exist due to natural conditions of the property and resulting regulations. Review of such application has provided information on the location of the [identify Critical Area, e.g., Wetlands or Wetland Buffers] and any restriction on use.
Date__________
Signature of owner__________________
Notary acknowledgment and notary seal
B. 
Additional Title Notification Statements.
1. 
Title notification for liquefaction and dynamic settlement hazard areas shall include a statement of the performance criteria, i.e., protection of life safety only, provision for minimal structural damage so that post­earthquake functionality is substantially unchanged, no structural damage for the design earthquake.
2. 
Properties that contain flood hazard areas pursuant to Chapter 14.80 EMC shall include the following statement:
Flood Elevation Certificates are kept on file by the Department.
C. 
Notice for Plat Notification/Plat Notes.
1. 
General. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said application contains any critical area or buffer:
Notice: This site lies within a [insert type of Critical Area] as defined in EMC Title 14. Restrictions on use or alteration of the site may exist due to natural conditions of the site and resulting regulation.
2. 
Native Vegetation Preservation Areas. The following notice shall be placed on the face of the final plat, short plat, large lot, or binding site plan documents when said application contains any critical area or buffer and when said critical area or buffers have been identified as native or natural vegetation preservation areas:
Notice: The Critical Areas appearing on this [final site plan/preliminary plat/final plat/short plat/large lot/engineering drawing] contain areas of Native Vegetation intended to Buffer the Critical Area from the adverse effects of development. These Critical Areas shall remain and be maintained in a natural, undeveloped, open space state. There shall be no Clearing and Grading or construction within the Critical Areas, except as shown on plans or documents approved by the City of Edgewood and contained in the official files for this development. Each Critical Area shall remain undisturbed except for periodic watering and hand weeding of plants designated as noxious by the State of Washington.
3. 
Plat Notes for Flood Hazard Areas. The following notes shall be placed on the face of any final plat, short plat, large lot, or binding site plan documents which lie within a flood hazard area:
a. Clearing and Grading within the limits of the 100-year Floodplain is prohibited, except for watercourse related construction, repair, or maintenance work that is done by the City for management operations.
b. If a higher frequency event occurs or if existing conditions upon which the Flood Hazard Area boundaries were based were to change or occur differently than depicted, then the level of protection afforded by the existing levee, if applicable, and Flood Hazard Area standards may not be adequate to prevent the subject site from flooding.
c. All purchasers, developers, and their agents of property within the subject development area or parcel shall take notice of the above conditions and hereby agree to defend, indemnify, and hold harmless the City from any and all claims, losses, costs, liabilities, or damages of any nature imposed upon or asserted against Edgewood arising out of or caused by the City's issuance of approval or by issuance of any other permits arising out of this approval.
d. All occupants or owners of property in the subject area assume the risk of flooding which may occur and waive any claims against the City arising out of damage or injury to person or property resulting therefrom.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)