Uses permitted on properties designated as containing critical areas shall be the same as those permitted in the zone classification shown in the city's official zoning map unless specifically prohibited by this title.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
Unless the requirements of this title are met, the department shall not grant any approval or permission to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement regulated through the following: building permit, commercial or residential; binding site plan; franchise right-of-way construction permit; site development permit; right-of-way permit; short subdivision; large lots; use permits; subdivision; utility permits; or any subsequently adopted permit or required approval not expressly exempted by this chapter.
B. 
The following activities are regulated within any critical area and its buffer, unless exempted by EMC § 14.30.030:
1. 
Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter, or materials of any kind;
2. 
Dumping, discharging, grading, or clearing and grading;
3. 
Draining, flooding, or disturbing the water level or water table. In addition, an activity which involves intentional draining, flooding, or disturbing the water level or water table in a wetland or stream in which the activity itself occurs outside the regulated area shall be considered a regulated activity;
4. 
Driving, piling, or placing obstructions, including placement of utilities;
5. 
Constructing, reconstructing, installing, demolishing, or altering the size of any structure or infrastructure, including manufactured and mobile homes;
6. 
Altering the character of a regulated area by destroying or altering vegetation through clearing, harvesting, cutting, intentional burning, shading, or planting;
7. 
Activities which result in adverse changes in water temperature or physical or chemical characteristics of wetland and stream water sources, including changes in quantity of water and pollutant level;
8. 
Application of pesticides, fertilizers, and/or other chemicals unless demonstrated not to be harmful to the regulated area and applied in compliance with labeled uses and restrictions;
9. 
The division or redivision of land pursuant to EMC Title 16;
10. 
The creation of hard surfaces; and
11. 
Any additional activities regulated in Chapter 14.80 EMC, Flood Hazard Areas.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
This Section defines activities that are exempt from the provisions of all or part of this Title. Additional exceptions from the requirements of this Title may be contained in the subsequent chapters. Prior to project initiation, the project proponent shall obtain written confirmation from the director that the proposed activities meet the requirements for an exemption as defined by this section. The burden is on the project proponent to demonstrate to the City that the proposed project is fully exempt.
B. 
All exempted activities shall use reasonable methods to avoid potential impacts to critical areas to the greatest degree feasible. 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. Exemption from the critical areas code does not exempt an applicant from obtaining all other required permits from the City and/or state agencies.
C. 
The following activities are exempt from the provisions of this title:
1. 
Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems that do not require construction permits, 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. "Operation and maintenance" includes vegetation management performed in accordance with BMPs that are a part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of ongoing maintenance, do not expand further into the critical area or buffer, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species.
2. 
Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements within the past three years. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition including, but not limited to, its size, shape, configuration, location, and external appearance, within three years after decay or partial destruction, except where repair causes substantial adverse effects to critical areas or their buffers. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location, and external appearance and the replacement does not expand further into the critical area or buffer. Refer to EMC § 14.30.040A.4 for requirements associated with repair of substantial damage of nonconforming structures.
3. 
Reconstruction, remodeling, or maintenance of existing detached residential, middle housing, and associated accessory structures that are located outside a flood hazard area and active landslide hazard area; provided, that a one-time-only expansion of the building footprint does not increase by more than 25 percent and that the new construction or related activity does not further intrude into the critical area or related buffer. The exemption shall not apply to reconstruction which is proposed as a result of structural damage associated with a critical area.
4. 
Reconstruction, remodeling, or maintenance of structures not covered under subsection C.3 of this section, above, that are located outside a flood hazard area or active landslide hazard area; provided, that such reconstruction, remodeling, or maintenance does not increase the floor area nor extend beyond the existing ground coverage. The exemption shall not apply to reconstruction which is proposed as a result of site or structural damage associated with a critical area, such as slope failure in a landslide hazard area or flooding in a flood hazard area.
5. 
Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and other related activities. Critical area impacts shall be minimized and disturbed areas shall be immediately restored.
6. 
Emergency actions necessary to prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation shall be allowed as follows:
a. 
For a threat to be considered "imminent" there must be reasonable expectation that the threat will occur prior to the time period necessary to obtain necessary permits.
b. 
The person or agency is required to contact the Department detailing the threat and proposed action. The Department shall review and determine the existence of the emergency and reasonableness of the proposed action. However, the person or agency is still required to complete all applicable reviews after the fact and may be required to modify or remove any emergency repair work and provide mitigation for any impacts to regulated areas. Any city required application shall be submitted within 90 days or as agreed upon.
c. 
This exemption does not apply to erosion protection measures unless the landowner can demonstrate that there is an imminent threat to an existing residential, commercial, industrial, agriculture structure, operation, equipment, product, or associated utilities.
d. 
Any required restoration shall be initiated within one year of the date of emergency and completed in a timely manner.
7. 
Installation, construction, replacement, repair, operation or alteration of natural gas, cable and telecommunication facilities, electric facilities and lines, water, sewer or storm lines, pipes, mains, equipment, or appurtenances in publicly owned right-of-way, which may be within or adjacent to any critical areas or buffers, subject to full review and approval of the department, including any mitigation or restoration requirements established by the department.
8. 
Removal by hand of manmade litter and control of noxious weeds that are included on the state noxious weed list (Chapter 16-750 WAC) or invasive plant species as identified by the city. Control may be conducted by clipping, pulling, or digging, or by an alternative nonmechanical method upon approval of a plan by the department. Soil compaction shall be avoided. Alternative methods such as mechanical excavation may be allowed upon approval by the Department and acquisition of any necessary permits.
9. 
Activities undertaken to comply with a United States Environmental Protection Agency superfund order, or a DOE order pursuant to the Model Toxics Control Act, including the following activities:
a. 
Remediation or removal of hazardous or toxic substances;
b. 
Source control; and
c. 
Natural resource damage restoration.
10. 
Activities within a portion of a wetland buffer or fish and wildlife habitat conservation area buffer located landward of an existing, substantially developed area, such as a paved area, dike, levee, or permanent structure, which eliminates or greatly reduces the impact of the proposed activities on the wetland or fish and wildlife habitat conservation area. The department shall review the proposal to determine the likelihood of associated impacts.
11. 
Passive recreation activities such as hunting, hiking, fishing, wildlife viewing, education, and scientific research that does not involve the construction of trails and is located only in a critical area buffer.
12. 
Restoring and enhancement actions that do not result in adverse impacts to any critical areas and are part of an approved restoration or enhancement plan. Enhancement activity proposals shall be reviewed by the department.
13. 
Forest practices conducted in accordance with the requirements of the Forest Practices Act (Chapter 76.09 RCW) and its rules, with the exception of the conversion of forest land to a use other than commercial forestry (Class IV conversions).
14. 
Existing and ongoing agricultural activities; provided, that they comply with the provisions of Chapter 14.80 EMC, Flood Hazard Areas, and implement the applicable BMP contained in the latest editions of the USDA Natural Resources Conservation Service Field Official Technical Guide; or develop a farm conservation plan in coordination with the local conservation district. The BMPs or farm plans should address potential impacts to critical areas from livestock, nutrient and farm chemicals, soil erosion and sediment control, and agricultural drainage infrastructure. The BMPs or farm plans should ensure that ongoing agricultural activities minimize their effects on water quality, riparian ecology, salmonid populations, and wildlife habitat.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
An established use or existing structure located in a wetland, fish and wildlife habitat conservation area, landslide or erosion hazard area, flood hazard area and their associated buffers that was lawfully permitted prior to the effective date of this title, but which is not currently in compliance with this title, may continue subject to the following:
1. 
Nonconforming Use Expansion. Nonconforming uses shall not be expanded or changed in any way that increases the nonconformity without a permit issued pursuant to the provisions of this title.
2. 
Nonconforming Structure Expansion. Existing structures shall not be expanded or altered in any manner that will increase the nonconformity without a permit issued pursuant to the provisions of this title, except as provided in EMC § 14.30.030B.
3. 
Discontinued Uses. Activities or uses which are discontinued for 12 consecutive months shall be allowed to resume only if they are in compliance with this title.
4. 
Substantial Damage. Nonconforming structures, except for structures located in a flood hazard area or active landslide hazard area, which are damaged or destroyed by fire, explosion, flood, or other casualty may be restored or replaced if reconstruction is commenced within one year of such damage and is substantially completed within 18 months of the date such damage occurred. The reconstruction or restoration shall not serve to expand, enlarge, or increase the nonconformity except as allowed through the provisions in EMC § 14.30.030B. Nonconforming structures in a floodway or active landslide hazard area may be allowed to be restored only up to the limits of substantial improvement, as set forth in each chapter. Nonconforming structures in other flood hazard areas must comply with Chapter 14.80 EMC.
B. 
The provisions of EMC § 18.90.110 may also apply to nonconformities not expressly described in this chapter.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
If the application of this chapter would deny all reasonable use of the property, the applicant may apply for a reasonable use exception pursuant to this section.
B. 
Application. An applicant for a development proposal may file a request for a reasonable use exception which shall be processed and reviewed as a Process III permit pursuant to EMC § 18.40.100. The application shall include the following information:
1. 
Contain all the items required under EMC § 18.40.140;
2. 
A description of the areas of the site that contain a critical area(s) or within buffer(s) required under this title;
3. 
A description of the amount of the site that is within setbacks required by other standards of the zoning code;
4. 
A description of the proposed development, including a site plan;
5. 
An analysis of the impact that the amount of development described would have on the critical area(s);
6. 
An analysis of whether any other reasonable use with less impact on the critical area(s) and associated buffer(s) is possible;
7. 
A design of the proposal so that the amount of development proposed as reasonable use will have the least impact practicable on the critical area;
8. 
An analysis of the modifications needed to the standards of this title to accommodate the proposed development;
9. 
Demonstration of legal lot status;
10. 
A description of any modifications needed to the required front, side, and rear setbacks, building height, and buffer widths to provide for a reasonable use while providing greater protection to the critical area;
11. 
Such other information the department determines is reasonably necessary to evaluate the issue of reasonable use as it relates to the proposed development, such as but not limited to a wetland analysis report, mitigation plan, habitat evaluation study, or a buffer enhancement plan.
C. 
The hearing examiner may approve the reasonable use exception, if the Examiner determines the following criteria are met:
1. 
There is no other reasonable use with less impact on the critical area(s) and associated buffer(s); and
2. 
The proposed development does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; and
3. 
Any alterations permitted to the critical area or its buffer shall be the minimum necessary to allow for reasonable use of the property; and
4. 
The subject property is an existing legal lot as demonstrated in this section, and the inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line thereby creating the undevelopable condition after October 8, 1991 (the effective date of City of Edgewood Critical Areas Regulations); and
5. 
The proposal mitigates the impacts on the natural resource land(s) and/or critical area(s) to the maximum extent possible, while still allowing reasonable use of the site.
6. 
The proposed activities will not jeopardize the continued existence of species listed by the State and Federal government as endangered, threatened, sensitive, or documented priority species or priority habitats.
7. 
The proposed activities will not cause significant degradation of groundwater or surface water quality.
8. 
The mitigation sequencing per EMC § 14.10.070B has been followed and documented.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
An owner of agricultural land, timberland, or open space desiring current use classification under Chapter 84.34 RCW may file for such current use classification with the Pierce County assessor-treasurer's office.
B. 
The department shall notify the assessor-treasurer's office when restrictions on development occur on a particular site.
C. 
The assessor-treasurer's office shall consider the critical areas and buffering requirements of this title in determining the fair market value of land. Any owner of an undeveloped buffer which has been placed in a separate tract or tracts, protective easement, public or private land trust dedication, or other similarly preserved area shall have that portion of land assessed consistent with those restrictions.
(Ord. 17-513 § 3 (Exh. A))