The following statements describe the purpose of this chapter:
A. 
Protect human life and health;
B. 
Regulate uses of land in order to avoid damage to structures and property being developed and damage to neighboring land and structures;
C. 
Identify and map any erosion hazard area;
D. 
Minimize impacts on wetlands and critical fish and wildlife species and their associated habitat that can result from erosion;
E. 
Establish a permit requirement and review procedures for development proposals in areas with potential erosion hazards;
F. 
Strike a balance between the need to maintain natural erosion/regression processes and the need to protect existing and proposed development.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
Erosion Hazard Area. Erosion hazard areas are areas potentially subject to land regression or retreat due to a combination of geologic, seismic, hydrologic, or manmade factors. Erosion hazard areas within the city can be further defined in the following two categories:
1. 
Soil Erosion Hazard Areas. Soil erosion hazard areas are identified by the presence or absence of natural vegetative cover, soil texture condition, slope, and rainfall patterns, or man-induced changes to such characteristics that create site conditions which are vulnerable to erosion of the upper soil horizon. Soil erosion hazard areas include those areas with slopes of 20% or greater and that are classified as having severe or very severe erosion potential by the USDA Natural Resources Conservation Service.
2. 
Potential Erosion Hazard Areas. Potential erosion hazard areas, as depicted on the Critical Areas County GIS database, are those areas where the suspected risk of erosion through either loss of soil, slope instability, or land regression is sufficient to require additional review to assess the potential for active erosion activity or apply additional standards based topography and USDA soil mapping.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
General Requirements. No person may commence any development or regulated activity in the potential or verified critical area without first obtaining the applicable permits and approvals from the city. All project proponents shall perform critical area research due diligence prior to commencing any development or regulated activity at the site.
1. 
The city’s Critical Areas GIS database provides an indication of where potential erosion hazard areas are located based on EMC § 14.110.020. The actual presence or location of an erosion hazard area or additional potential erosion hazard area that has not been mapped, but may be present on or adjacent to a site, shall be determined using the procedures and criteria established in this chapter.
2. 
The department will complete a review of the Critical Areas GIS database, and any other source documents for any proposed regulated activity, to determine whether the site for the regulated activity is located within a potential erosion hazard area. When the site for a proposed regulated activity is located within a potential erosion hazard area, the department shall require a geological assessment as outlined in subsection B of this section.
3. 
If the proposed project area for a regulated activity is located within a potential erosion hazard area, the department shall conduct a review pursuant to Chapter 14.80 EMC.
4. 
If the proposed project area for a regulated activity is located within a potential erosion hazard area, the project proponent shall submit an erosion control plan pursuant to the requirements set forth in Chapter 13.05 EMC, Stormwater Manual – Site Development Regulations.
5. 
Unless otherwise stated in this Chapter the critical area protective measure provisions contained in EMC § 14.10.070B shall apply.
B. 
Geological Assessment.
1. 
A geotechnical professional shall complete a geological assessment to determine whether an erosion hazard area exists within 65 feet of the site. The following are acceptable geological assessments:
a. 
Geotechnical Verification. When a geotechnical professional finds that there are no erosion hazard areas on or within 65 feet of the proposed project area.
b. 
Geotechnical Report. When a geotechnical professional finds that an erosion hazard area exists on or within 65 feet of the proposed project area or when a geotechnical professional determines that mitigation measures are necessary to construct or develop within a potential erosion hazard area.
2. 
All geotechnical assessments shall include the following information:
a. 
All the required Critical Area Report requirements per EMC § 14.10.080C.
b. 
Shall be prepared, signed, and dated by a geotechnical professional.
c. 
Shall include a field investigation and may also include review of public records and documentation, analysis of historical air photos, LiDAR mapping, published data and references, etc.
d. 
A determination of which areas on the site meet the criteria for soil erosion hazard area.
e. 
Provide all the required information pursuant to EMC § 14.110.060.
3. 
A geological assessment of a specific site may be valid for a period of up to five years when the proposed land use activity and surrounding site conditions are unchanged. However, if any environmental conditions associated with the site change during that five-year period, the applicant may be required to submit an amendment to the geological assessment.
4. 
The department shall review the geological assessment and either:
a. 
Accept the geological assessment and approve the application; or
b. 
Reject the geological assessment and require revisions or additional information.
C. 
Riverine Erosion Hazard Area (Channel Migration Zones) Review. Riverine erosion hazard areas shall be reviewed pursuant to the requirements set forth in Chapter 14.80 EMC.
D. 
Soil Erosion Hazard Area Review. Soil erosion hazard areas shall be reviewed pursuant to the requirements set forth in Chapter 13.05 EMC, Stormwater Manual – Site Development Regulations.
(Ord. 17-513 § 3 (Exh. A); Ord. 24-660 §§ 15, 16 (Exh. B); Ord. 25-0695, 12/23/2025)
A. 
Any development, encroachment, clearing and grading, timber harvest, building structures, impervious surfaces, and vegetation removal shall be regulated within active erosion hazard areas and associated buffers as specified in EMC § 14.90.040. For the purposes of this chapter, the term “landslide” shall be replaced with “erosion.”
B. 
Soil Erosion Hazard Area Review. Additionally, soil erosion hazard areas shall be subject to the requirements set forth in Chapter 13.05 EMC, Stormwater Manual – Site Development Regulations.
(Ord. 17-513 § 3 (Exh. A); Ord. 24-660 § 17 (Exh. B); Ord. 25-0695, 12/23/2025)
A. 
Determining Erosion Buffer Widths.
1. 
The buffer width shall be measured on a horizontal plane from a perpendicular line established at the edge of the erosion hazard area limits.
2. 
An undisturbed buffer of existing vegetation shall be required for an erosion hazard area. The required standard buffer width is either subsection A.2.a or b of this section, whichever is greater:
a. 
Fifty feet from all edges of the erosion hazard area limits; or
b. 
A distance of one-third the height of the slope at the top of the slope and a distance of one-half the height at the bottom of the slope.
3. 
The buffer width may be reduced or eliminated upon the director’s approval of a geotechnical assessment that demonstrates that such a reduction would not result in an increased risk of erosion either on or off of the subject property.
B. 
Modification of Buffer Widths. The department may require a larger buffer width than the standard buffer distance, as determined in subsection (A) of this section, if any of the following are identified through the geological assessment process:
1. 
The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts.
2. 
The area has a severe risk of slope failure or downslope stormwater drainage impacts.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)
A. 
Geotechnical Verification. A geotechnical letter shall, at a minimum, include the following:
1. 
The general critical areas report requirements.
2. 
A summary of the findings of the site visit, a site plan, and a summary of the findings from the review of documents listed in EMC § 14.110.030B.2. The appropriate professional preparing the geotechnical letter shall provide conclusions and recommendations as to shoreline stability for the proposed development.
3. 
The geotechnical professional who prepared the geotechnical letter shall stamp the letter with his or her seal.
4. 
Hold harmless clauses, disclaimers, and limitations are not allowed within a geotechnical letter.
B. 
Geotechnical Report. A geotechnical report shall, at a minimum, include the following:
1. 
The general critical areas report requirements.
2. 
A summary of the results, conclusions, and recommendations resulting from the geological assessment. The report will also include a summary of the findings of the site visit, a site plan, and a summary of the findings from the review of documents listed in EMC § 14.110.030B.2. The summary shall specifically address:
a. 
Whether it is possible given the physical constraints of the property (size, shape, building setbacks, utility requirements, etc.) to locate the proposed development outside of the 120-year area of regression based on natural shoreline processes.
b. 
If it is not possible to locate the development outside of the 120-year area of regression (based on natural processes), determine whether beach nourishment, soft armoring techniques, or both can be used to slow the rate of regression such that the proposed development is no longer within the 120-year regression area.
c. 
If it is not possible to locate the development outside of the 120-year area of regression, based on the use of beach nourishment or soft armoring techniques, outline the strategy to monitor the rate of regression on the site.
d. 
Determine whether any proposed shoreline erosion protection measures will cause an increase in the rate of regression on neighboring properties.
3. 
An accurate and scaled site plan is required. The site plan shall include:
a. 
The limits and location of the active erosion hazard area(s).
b. 
The limits of the required erosion hazard buffer based upon the requirements.
c. 
The location of any existing structures, utilities, on-site septic systems, wells, and stormwater management facilities.
d. 
The location of any proposed structures, utilities, on-site septic systems, wells, and stormwater management facilities.
e. 
The full geographical limits of the proposed project area or conceptual project area to be developed.
f. 
Dimension of the closest distance between the identified erosion hazard area boundary and the proposed project area.
g. 
Existing contours on the site at two-foot intervals.
h. 
Property lines for the site.
i. 
North arrow and scale.
4. 
A discussion of any proposed erosion hazard area protection measures including design and construction drawings is required.
5. 
A list of references utilized in preparation of the report.
6. 
The geotechnical professional(s) who performed the geological assessment shall stamp the report with their license stamp or seal. The report must be co-authored by a licensed professional engineer when engineering designs or interpretations are necessary to address the report requirements. The engineer must also stamp the report with their license stamp or seal.
7. 
The department may request a geotechnical professional to provide additional information in the geotechnical report based upon existing conditions, changed conditions, or unique circumstances occurring on a case-by-case basis.
8. 
Hold harmless clauses, disclaimers, and limitations are not allowed within a geotechnical report.
9. 
Geotechnical reports shall be in conformance with a format that is pre-approved by the department.
(Ord. 17-513 § 3 (Exh. A); Ord. 25-0695, 12/23/2025)