(1) 
The following activities are included under 16D.01.05(1) (Applicability) and are allowed without a permit or exemption:
(a) 
Maintenance of existing, lawfully established areas of crop vegetation, landscaping (including paths and trails) or gardens within a regulated critical area or its buffer. Examples include harvesting or changing crops, mowing lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non-invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas. Cutting down trees and shrubs within a buffer is not covered under this provision. Excavation, filling, and construction of new landscaping features, such as concrete work, berms and walls, are not covered in this provision and are subject to review;
(b) 
Minor maintenance and/or repair of lawfully established structures that do not involve additional construction, earthwork or clearing. Examples include painting, trim or facing replacement, re-roofing, etc. Construction or replacement of structural elements is not covered in this provision, but may be covered under an exemption. Cleaning canals, ditches, drains, wasteways, etc., without expanding their original configuration is not considered additional earthwork, as long as the cleared materials are placed outside the stream corridor, wetlands, and buffers;
(c) 
Low impact activities such as hiking, canoeing, viewing, nature study, photography, hunting, fishing, education or scientific research;
(d) 
Creation of unimproved private trails that do not cross streams or wetlands that are less than two (2) feet wide and do not involve placement of fill or grubbing of vegetation;
(e) 
Planting of native vegetation;
(f) 
Noxious weed control outside vegetative buffers identified in Chapter 16D.06.16, except for area wide vegetation removal/grubbing;
(g) 
Noxious weed control within vegetative buffers, if the criteria listed below are met.
Control methods not meeting these criteria may still apply for a restoration exemption, or other authorization as applicable:
(i) 
Hand removal/spraying of individual plants only;
(ii) 
No area wide vegetation removal/grubbing.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007; Res. 54-2010 §§ 2 (Att. B § 13), 4 (Att. C § 3), 2010)
Certain activities and uses are exempt from some permit processes and shall instead be reviewed using the procedures below, except that flood hazard exemptions provided in 16D.05.20.060 shall follow procedures established to administer Chapters 16D.05.20 through 16D.05.72.
(1) 
Exemptions shall be construed narrowly and any exempted development shall be consistent with the policies and provisions of this title.
(2) 
Only those developments that meet the precise terms of one or more of the listed exemptions may qualify for review under these provisions.
(3) 
If any part of a proposed development is not eligible for exemption, then a development permit is required for the entire proposed development project.
(4) 
The burden of proof that a development or use is exempt from the development permit process is on the applicant.
(5) 
When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of this title, such development must also obtain a variance (16D.03.22).
(6) 
All activities exempt from the requirement for a substantial development permit shall use reasonable methods to avoid impacts to critical areas within shoreline jurisdiction. To be exempt from the requirement for a substantial development permit does not give permission to degrade a critical area or Shoreline or ignore risk from natural hazards. 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, according to section 16D.06.23 (Reclamation).
(7) 
The proponent of an exempt activity shall submit a written request for permit exemption to the administrative official that describes the activity and states the exemption requested. The applicant shall submit to the administrative official a written description of the project that demonstrates compliance with applicable standards.
(8) 
The administrative official shall review the exemption request to verify that it complies with this title.
(9) 
The administrative official shall approve or deny the exemption.
(10) 
A formal letter of exemption shall be provided where an exempt activity is approved under this title. A copy of the exemption shall be kept on file by the administrative official. If an exemption cannot be granted, the administrative official shall notify the applicant in writing of the reason, at which time the applicant may pursue other permit processes under this title.
(11) 
Conditions may be attached to the approval of exempted developments and/or uses as necessary to assure continued consistency of the project with this title.
(12) 
Exempt activities are identified in the following locations. Such activities are stated as exempt from the substantial development permit or flood hazard permits. However, this provision does not exempt an activity from other permits or reviews that may be required under this title.
(a) 
Those activities listed in sections 16D.03.07 (Exemptions for Hydrologically Related Critical Areas, Wetlands and Shorelines) are exempt from the substantial development permit requirements for wetlands (16D.07), hydrologically related critical areas features (16D.06.03) and shorelines (16D.10);
(b) 
Those activities listed in section 16D.05.20.060 are exempt from the flood hazard permit requirements for flood hazard areas (16D.05).
(Ord. 14-2007 § 1 (Exh. A) (part), 2007; Res. 54-2010 §§ 2 (Att. B § 14), 4 (Att. C § 4), 5 (Exh. 1 § 2), 2010)
The following development activities are exempt from substantial development permits that are required within Shoreline jurisdiction designated in chapter 16D.10.03 (Shoreline Jurisdiction):
(1) 
Construction by an owner, lessee, or contract purchaser of a single-family residence for his own use or the use of his family, which residence meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this title. "Single-family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and the perimeter of a wetland. Normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Construction authorized under this exemption shall be located landward of the ordinary high water mark;
(2) 
Construction of the normal protective bulkhead common to single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the department of fish and wildlife;
(3) 
Development and construction for which the total cost or fair market value, whichever is higher, does not exceed five thousand dollars (adjusted for inflation as determined by the Washington Office of Financial Management using methods provided in RCW 90.58.030(3)(e) and WAC 173-27-040(2)(a)); provided such development and construction does not involve excavation, fill, or other work which is not consistent with the functional properties of stream corridors and other hydrologically related critical areas as set forth in Section 16D.06.05 of this title; and provided, that any such development and construction within shoreline jurisdiction does not materially interfere with the public use of the water or shorelines of the state. The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials;
(4) 
Construction or practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels; provided, that a feedlot of any size, all processing plants, other activities of a commercial nature, and/or alteration of the contour of the land by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A "feedlot" shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;
(5) 
Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements. "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 a reasonable period after decay or partial destruction, except where repair involves total replacement which is not common practice or causes substantial adverse effects to the shoreline resource or environment. 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 cause additional substantial adverse effects to shoreline resources or environment. The need for replacement resulting from a neglect of maintenance and repair is not considered a common method of repair. Replacement of nonconforming uses or facilities may also be subject to section 16D.03.26 (Nonconforming Uses and Facilities);
(6) 
Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat, which requires immediate action or response within a time period too brief to allow full compliance with this title. The following criteria must exist to qualify any action under an emergency provision:
(a) 
There must be an immediate threat to life, public or private property, or an immediate threat of serious environmental degradation arising from a natural condition or technical incident;
(b) 
The emergency response must be confined to the action necessary to protect life or property from damage;
(c) 
The scope of the emergency response must be limited to the work necessary to relieve the immediate threat;
(d) 
The emergency response applies only to the period of time in which the actual emergency exists;
(e) 
The request must be accompanied by a paid permit application or a request for a non-emergency exemption. Submittal requirements beyond normal exemption submittal requirements are waived until after the emergency is deemed abated.
As soon as the emergency is deemed abated by appropriate authorities, compliance with the requirements of this title is required, and may include removal of the emergency construction if nonstructural construction measures can adequately deal with site issues;
(7) 
Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owners, lessee or contract purchaser of a single-family and multiple-family residence. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be subject to a substantial development permit;
(8) 
The operation, maintenance or construction of canals, waterways, drains, reservoirs, or other manmade facilities that now exist or are hereinafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands;
(9) 
Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, effective date for this Shoreline Master Program, for land within shoreline jurisdiction, which were created, developed, or utilized primarily as a part of an agricultural drainage and diking system;
(10) 
Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys;
(11) 
Any project with a certification from the governor pursuant to chapter 80.50 RCW (Energy facilities – site locations);
(12) 
Watershed restoration project that are authorized by the sponsor of a watershed restoration plan and that implement the plan or a part of the plan, and meet the requirements of WAC 173-27-040(6), as amended;
(13) 
Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if:
(a) 
The activity does not interfere with the normal public use of surface waters within shoreline jurisdiction;
(b) 
The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values;
(c) 
The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity;
(d) 
A private entity seeking development authorization within shoreline jurisdiction must first post a performance bond or provide other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions;
(14) 
The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020 (control of spartina and purple loosestrife), through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under chapter 43.21C RCW (SEPA);
(15) 
A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, that meets the requirements of WAC 173-27-040(p) as amended.
(a) 
The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose;
(b) 
The project has received hydraulic project approval, when required, by the department of fish and wildlife pursuant to chapter 75.20 RCW (Hydraulics Code);
(c) 
The administrative official has determined that the project is consistent with this title;
(d) 
Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 (Fish Habitat Enhancement Projects) are deemed to be consistent with this title;
(16) 
Hazardous substance remedial actions, for which a consent decree, order or agreed order has been issued pursuant to chapter 70.105D RCW (Model Toxics Control Act) or when the Department of Ecology conducts a remedial action under chapter 70.105D RCW (Model Toxics Control Act). The Department of Ecology shall assure that such projects comply with the substantive requirements of chapter 90.58 RCW (SMA), chapter 173-26 WAC (SMA Guidelines) and the Shoreline Master Program, when applicable;
(17) 
The removal of trees that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property from critical areas and buffers; provided, that:
(a) 
A dead tree within a buffer may be shortened to the point that the tree will not strike a structure or defined vehicle parking area. The remainder shall be maintained to provide wildlife habitat, nesting locations and perch sites. A remainder less than ten (10) feet tall may be removed completely;
(b) 
A diseased or damaged tree may be removed as determined by the administrative official;
(c) 
The removed portion of trees should be placed within the vegetative buffer area as wildlife habitat, unless it will interfere with a maintained vegetation area identified in section 16D.03.05(1)(a) (Minor Activities Allowed without a Permit or Exemption), or as determined otherwise by the administrative official. Portions of trees to be removed from the buffer area should be felled to the outer edge of a vegetative buffer and dragged out. Heavy equipment is not allowed within the buffer, except within areas identified in 16D.03.05(1)(a) (Minor Activities Allowed without a Permit or Exemption). Damaged riparian vegetation must be repaired;
(d) 
Each tree that is felled or topped shall be replaced in a manner acceptable to the administrative official.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007; Res. 54-2010 § 2 (Att. B § 15), 2010)
The following development activities are exempt from substantial development permits that are required for geologically hazardous areas designated in chapter 16D.08:
(1) 
Additions to or alteration of existing single-family residences;
(2) 
Uses and surface disturbances (clearing and grubbing) that do not include excavation, fill or irrigation;
(3) 
Structures less than 200 square feet that are not used as a place of employment or residence (fences, sheds, gazebos, etc.);
(4) 
Oil, gas, wind or other exploration that does not include explosions, roads, excavation or fill.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007)
(1) 
All developments shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following order of preference:
(a) 
Avoiding the impact altogether by not taking a certain action or parts of an action;
(b) 
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;
(c) 
Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
(d) 
Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;
(e) 
Compensating for the impact by replacing, enhancing, or providing substitute resources or environments;
(f) 
Monitoring the impact and taking appropriate corrective measures.
(2) 
Mitigation for individual actions may include a combination of the above measures.
(3) 
Unless otherwise provided in this title, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated in accordance with an approved mitigation plan. Mitigation shall not be implemented until after approval of the mitigation plan.
(4) 
Mitigation shall be in-kind and on-site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area. When necessary, mitigation may be provided that is out-of-kind and/or off-site.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007)