The purpose of this article is to reduce risks to human life and safety and reduce the risk of damage to structures and property from geologic hazards, to allow for natural geologic processes supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land use and planning decisions. It is recognized that the elimination of all risk from geologic hazards is not feasible to achieve but the purpose of this article is to reduce the risk to acceptable levels.
(Ord. 2005-068 § 1; Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
Designation. Lands determined to be landslide, seismic, alluvial fan, volcanic, erosion (including channel migration zones), tsunami, seiche and landslide generated waves or mine hazard areas are hereby designated as geologically hazardous areas. Development in these geologic hazard areas can put human life, safety, health, and development at risk, alter geologic processes, adversely affect natural resources, and put the development and surrounding developments and uses at risk.
B. 
Mapping. The approximate location and extent of known potential geologically hazardous areas are shown on maps maintained by the county. These maps are useful as a guide for project applicants and/or property owners, and county review of development proposals. However, they do not provide a conclusive or definitive indication of geologically hazardous area presence or extent. Potential geologically hazardous areas may exist that do not appear on the maps, and some potential geologically hazardous areas that appear on the maps may not meet the geologically hazardous areas designation criteria. The county shall update the maps periodically as new information becomes available and may require additional studies during the development review process to supplement and/or confirm the mapping. This article does not imply that land outside mapped geologically hazardous areas or uses permitted within such areas will be without risk. This chapter shall not create liability on the part of Whatcom County or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
C. 
Classification. For purposes of this article, geologically hazardous areas shall include all of the following:
1. 
Landslide Hazard Areas. Landslide hazard areas shall include areas potentially susceptible to landslides based on a combination of geologic, topographic, and hydrologic factors, as specified below. They include any areas susceptible to mass movement due to any combination of bedrock, soil, slope (gradient), slope aspect, slope form (concave, convex, planar), geological structure, surface and subsurface hydrology, or other factors. Landslide hazard areas shall also include areas along which landslide material may be routed or which may be subject to deposition of landslide-delivered material. Potential landslide hazard areas include but are not limited to the following areas:
a. 
Potential Landslide Hazard Areas. Potential landslide hazard areas exhibit one or more of the following characteristics:
i. 
Areas designated as quaternary slumps, earthflows, mudflows, or landslides on maps published by the U.S. Geological Survey, Washington State Department of Natural Resources, or other reputable sources;
ii. 
Areas with all three of the following characteristics:
(A) 
Slopes steeper than 15 percent;
(B) 
Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and
(C) 
Springs or groundwater seepage;
iii. 
Areas that have shown movement and/or are underlain or covered by mass wastage debris;
iv. 
Potentially unstable slopes resulting from river or stream erosion or undercutting by wave erosion;
v. 
Slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking;
vi. 
Areas that show past sloughing or calving of sediment or rocks resulting in a steep slope that is poorly vegetated;
vii. 
Slopes that are parallel or sub-parallel to planes of weakness (which may include but not be limited to bedding planes, soft clay layers, joint systems, and fault planes) in subsurface materials;
viii. 
Areas that show evidence of, or are at risk from, snow avalanches;
ix. 
Deep-seated landslide areas characterized by one or more of the following features: scalloped ridge crests at the top of the slope, crescent-shaped depressions, head scarps, side scarps, ponds or sag areas on midslopes, benches and scarps on midslope areas, hummocky ground, or linear fractures in the ground. These features may be evident in aerial images, topographic maps, LiDAR imagery or on the ground;
x. 
Areas below unstable slopes that could be impacted by landslide run-out;
xi. 
Areas above or adjacent to unstable slopes that could be impacted if the landslide area expands;
xii. 
Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of competent bedrock or properly engineered slopes designed and approved by a geotechnical engineer licensed in the state of Washington and experienced with the site;
xiii. 
Areas within which land use activities could affect the slope stability, including but not limited to areas with subsurface hydrologic flow, groundwater recharge areas and surface water flow;
xiv. 
Areas of historical landslide movement, including coastal shoreline areas mapped by the Department of Ecology Coastal Atlas or the Department of Natural Resources slope stability mapping as unstable ("U" or Class 3), unstable old slides ("UOS" or Class 4), or unstable recent slides ("URS" or Class 5).
b. 
Active Landslide Hazard Areas. Active landslide hazard areas are areas that exhibit indicators noted in subsection (C)(1)(a) of this section that have been determined through geological assessment to be presently failing or very likely to fail in the near future.
2. 
Seismic Hazard Areas. Whatcom County is located in a seismically active area that will be subject to ground motion during local and regional earthquakes. Seismic hazards and risk are partially addressed in the International Building Code (IBC) or International Residential Code (IRC). Additional seismic hazard areas for the purpose of this article include:
a. 
Areas designated as having a "high" and "moderate to high" risk of liquefaction susceptibility as mapped on the Liquefaction Susceptibility Map by the Washington State Department of Natural Resources.
b. 
Areas that are identified as underlain by liquefiable soils and due to local topography are also subject to or interpreted as being potentially impacted by lateral spreading.
c. 
Areas located within 500 feet of quaternary fault zones with surface offsets.
3. 
Alluvial Fan Hazard Areas. Any area located at the base of a confined mountain channel and determined to be susceptible to clear water flooding, debris-laden flows and floods, and erosional impacts shall be designated as an alluvial fan hazard area. Watershed hydrology, geology, slope conditions, topography, current and historic land uses, roads and road drainage, valley bottom conditions, and channel conditions upstream of an alluvial fan area are all fundamental to potential hazards and risks on alluvial fans. Alluvial fan hazard areas shall include those areas on alluvial fans potentially impacted by:
a. 
Sediment-laden flows (e.g., debris flows and debris floods);
b. 
Clear water floods;
c. 
Stream channel changes (including channel avulsion, incision, aggradation or lateral erosion and migration);
d. 
Erosion.
4. 
Volcanic Hazard Areas. Volcanic hazard areas are those areas that have been affected, or have the potential to be affected, by pyroclastic flows, pyroclastic surges, lava flows, or ballistic projectiles, ash and tephra fall, volcanic gases, and volcanic landslides. Also included are areas that have been or have the potential to be affected by Case M, Case I, or Case II lahars, or by debris flows or sediment-laden events originating from the volcano or its associated deposits. In addition, volcanic hazards include secondary effects such as sedimentation and flooding due to the loss of flood conveyance as a result of river channel and flood plain aggradation. The implications of secondary effects may be observed at some distance from the initiating event, and may continue to impact affected drainages over many decades following the initiating event. Secondary effects may significantly alter existing stream and river channels, associated channel migration zones and floodplains due to stream and river bed aggradation and channel avulsion. Volcanic hazards include areas that have not been affected recently, but could be affected by future events. Volcanic hazard areas are classified into the following categories:
a. 
Pyroclastic Flow Hazard Areas. Areas that could be affected by pyroclastic flows, pyroclastic surges, lava flows, and ballistic projectiles in future eruptions. During any single eruption, some drainages may be unaffected by any of these phenomena, while other drainages are affected by some or all phenomena. Recurrence interval is not known.
b. 
Ash/Tephra Fall Hazard Areas. The location of ash/tephra fall hazards at Mount Baker is predominantly controlled by the prevailing westerly winds observed on the west coast of North America. However, easterly winds do occur in the region and direct ash/tephra fall impacts to Whatcom County population centers are certainly a possibility. Health hazards, power outages, negative impacts to machinery and aircraft, structural damage (e.g., roof collapse) and extensive disruption of daily activities are all potential hazards.
c. 
Lateral Blast Hazard Areas. Lateral blast hazards result from low-angle, explosive volcanic eruptions that emanate from the flank of a volcano. The occurrence of a lateral blast is largely unpredictable, both with respect to timing and direction, and does not appear to be a common feature of eruptive activity at Mount Baker or at other volcanoes globally. Extensive destruction is likely within the lateral blast zone, and mitigation is generally considered unachievable.
d. 
Volcanic Landslide Hazard Areas. Landslides are common on volcanoes due to their relative height, steepness, and weakness in both the underlying bedrock and the volcanic deposits due to magma movement and chemical weathering. Landslide size is highly variable depending on site conditions and type, but may achieve high velocity and momentum which can carry a landslide across valleys and ridgelines. Given the range of possible landslide types and sizes, specific hazards, risk zones and recurrence interval have not been delineated at Mount Baker. Volcanic landslide hazards are associated with lahar hazards as they pose the potential to generate small- to large-scale cohesive lahars.
e. 
Lahar Hazard Areas.
i. 
Case M Lahar Hazard Areas. Areas that could be affected by cohesive lahars that originate as enormous avalanches of weak, chemically altered rock from the volcano. Case M lahars can occur with or without eruptive activity. A single post-glacial Case M lahar deposit is known to have traveled down the Middle Fork Nooksack River, and is postulated to have continued down the main stem of the Nooksack River, eventually reaching Bellingham Bay, and to have also flowed north to Canada along the prehistoric path of the Nooksack River. Case M lahars are thus interpreted to pose a threat to the Sumas River drainage due to the potential for bed aggradation and channel avulsion to overtop the low-lying drainage divide that exists between the Nooksack and Sumas River drainages. Case M lahars are considered high-consequence, low-probability events.
ii. 
Case I Lahar Hazard Areas. Areas that could be affected by relatively large noncohesive lahars, which most commonly are caused by the melting of snow and glacier ice by magmatic activity and associated processes, but which can also have a noneruptive origin. The average recurrence interval for Case I lahars, based on deposits identified along the flanks of Mount Baker, is postulated to be 500 years or greater. However, renewed magmatic activity at Mount Baker would be indicative of greatly increased potential for Case I lahar generation; this may reduce the recurrence interval to approximate that of Case II lahars.
iii. 
Case II Lahar Hazard Areas. Areas that could be affected by moderately large debris avalanches or small cohesive lahars, or other types of debris flow generated on the east flank of Mount Baker at Sherman Crater or the upper Avalanche Gorge. Case II lahars impact the Baker Lake basin and drainage, and are considered correlative to Case I lahars that may impact the primary drainages on the west and north of Mount Baker, but with increased frequency and comparable volume. The postulated recurrence interval for Case II lahars at Mount Baker is less than 100 years.
5. 
Erosion Hazard Areas. Erosion hazard areas shall include:
a. 
Channel migration zones, also known as riverine erosion areas, are defined as the areas along a river or stream within which the channel(s) can be reasonably predicted to migrate over time. This is a result of natural and normally occurring geomorphic, hydrological, and related processes when considered with the characteristics of the river or stream and its surroundings, and in consideration of river and stream management plans. Channel migration hazard areas shall include potential channel migration, channel avulsion, bank erosion, and stability of slopes along the river or stream;
b. 
Coastal erosion areas that are subject to shoreline retreat from wind, wave, and tidal erosion.
6. 
Tsunami Hazard Areas. Tsunami hazard areas include coastal areas susceptible to flooding, inundation, debris impact, and/or mass wasting as the result of a tsunami generated by seismic events.
7. 
Seiche and Landslide Generated Wave Hazard Areas. Seiche and landslide generated wave hazard areas include lake and marine shoreline areas susceptible to flooding, inundation, debris impact, and/or mass wasting as the result of a seiche or landslide generated waves. No known best available science is currently available to characterize potential seiche hazards in Whatcom County.
8. 
Mine Hazard Areas. Mine hazard areas shall include those lands in proximity to abandoned mines and associated underground mine workings where mine workings are less than 200 feet below ground level. Mine workings include adits (mine entrances), gangways (haulage tunnels), rooms and chutes (large voids), drifts, pillars (rock left for support) and air shafts. Mine hazards include subsidence, which is the uneven downward movement of the ground surface caused by underground workings caving in; sink holes; contamination of ground and surface water from tailings and underground workings; concentrations of lethal or noxious gases; and underground mine fires.
(Ord. 2005-068 § 1; Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
In addition to the applicable general protective measures found in WCC § 16.16.265, the following requirements shall apply to all activities in geologically hazardous areas:
A. 
General. New developments shall be located and/or engineered and constructed to reduce risks to life, health, safety, and buildings, and not increase potential for landslides or erosion that could impact either other properties, public resources, or other critical areas. The county may impose conditions on development activity in a geologically hazardous area as needed to:
1. 
Protect human life and safety;
2. 
Minimize the potential for property damage related to seismic events, erosion and/or land-slides;
3. 
Minimize the need for stream or riverbank or coastal bluff stabilization in the future;
4. 
Reduce public liabilities for damages associated with geologic hazards;
5. 
Protect slope stability and minimize erosion, seismic, and/or landslide hazard risks;
6. 
Maintain natural sediment and erosion processes that are integral to the health and sustainability of freshwater and marine ecosystems as well as minimizing impacts to stream, river, and coastal processes such as channel infill, channel migration, sediment transport, or flooding.
B. 
Impact Avoidance. Impact avoidance measures shall include, but not be limited to, locating the use/development outside of the hazard area, reducing the number, size or scale of buildings and appurtenant features; altering the configuration or layout of the proposed development; implementing special engineering methods for construction, drainage, runoff management, etc.; preserving native vegetation; and other feasible protective measures as determined by an alternatives analysis. For some geologic hazards (except for lahar hazards), impact avoidance may mean no development will be permitted on a property. So long as an applicant complies with WCC § 16.16.350(B), the county shall not require lahar hazard impact avoidance measures that reduce the number, size, or scale of buildings or appurtenant features; or prevent uses otherwise allowed per the property's zoning district based solely on the property's location within a lahar hazard zone.
C. 
Stormwater Management. Development shall manage on-site stormwater by developing a properly sized stormwater management system using appropriate stormwater techniques to protect geologically hazardous areas. Low impact development and low impact development best management practices are preferred, unless demonstrated to be infeasible.
D. 
Location of Alterations. New development shall be directed toward portions of a parcel or parcels under contiguous ownership that are not subject to, or at risk from, geological hazards (except for lahar hazards) and/or are outside any setback or buffer established by this chapter.
E. 
Review by Qualified Professional. A geologist or other qualified professional, licensed in the state of Washington, shall review development proposals that occur in potentially geologically hazardous areas to determine the potential risk. If development takes place within an identified geologically hazardous area requiring design or structural elements to minimize the hazard, the mitigation shall be designed by a qualified professional licensed in the state of Washington with expertise in mitigation of geological hazards.
F. 
Life of Structure. Proposed development shall be sited far enough from erosion and landslide hazard areas to ensure at least 100 years of useful life for the proposed structure(s) or infrastructure. The location shall be determined by a geologist or other qualified professional licensed in the state of Washington and be based on site-specific evaluation of the landslide and/or erosion hazard.
(Ord. 2005-068 § 1; Ord. 2009-013 § 2 (Exh. 2); Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
Remodels and Additions. Any proposed remodel or addition to an existing permitted or nonconforming structure that exceeds a valuation of greater than 50 percent of the fair market value shall be required to ensure that the entire structure is improved in accordance with all Article 3 requirements.
B. 
Critical Facilities Prohibited. Critical facilities as defined in WCC § 16.16.900 shall not be constructed or located in geologically hazardous areas if there is a feasible alternative location outside geologically hazardous areas that would serve the intended service population. If allowed, the critical facility shall be designed and operated to minimize the risk and danger to public health and safety to the maximum extent practicable.
C. 
Agricultural Activities. Agricultural activities (uses and structures) may be allowed within geologically hazardous areas without a conservation farm plan as long as the activity does not increase the potential for landslides, channel migration, or alluvial fan hazards on or off the site; except that a conservation farm plan shall be required for agricultural activities within landslide hazard areas and associated landslide hazard area setbacks (WCC § 16.16.325(C)).
D. 
Land Division. Land that is located wholly within a landslide hazard area, riverine or coastal erosion hazard area, alluvial fan hazard area, lahar hazard area, or mine hazard area or its buffer may not be subdivided to create buildable parcels entirely within the hazardous area. Land that is located partially within a hazard area or its setback may be divided; provided, that each resulting lot has sufficient buildable area outside of the hazardous area with provision for drainage, erosion control and related features that will not adversely affect the hazard area or its setback.
(Ord. 2024-047 § 2 (Exh. F))
A. 
Allowed Uses and Modifications. The following uses and modifications may be allowed in active landslide hazard areas when all reasonable measures have been taken to minimize risks and other adverse effects associated with landslide hazards, and when the amount and degree of the alteration are limited to the minimum needed to accomplish the project purpose:
1. 
Reasonable Use. Developments that will not increase the threat to the health or safety of people and will not increase potential for landslides on or off the site and meet the reasonable use standards as set forth in WCC § 16.16.270.
2. 
Utilities. Utility lines and pipes that are above ground, properly anchored and/or designed so that they will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in a risk of mass wasting. Such utility lines may be permitted only when the applicant demonstrates that no other feasible alternative is available to serve the affected population.
3. 
Trails. Trails shall meet all of the following:
a. 
The applicant demonstrates that no other feasible alternative exists.
b. 
The trail engineering design and construction methods minimize the need for major repair or reconstruction.
c. 
Specific construction standards to minimize impacts, including drainage and drainage maintenance plans, may be required.
d. 
Exceptions or deviations from technical standards for width or other dimensional measurements may require a variance.
4. 
Development Access. Access driveways and roads shall meet all of the following:
a. 
The applicant demonstrates that no other feasible alternative exists, including through the provisions of Chapter 8.24 RCW.
b. 
A qualified professional designs the driveway or access road to minimize the need for major repair or reconstruction. The design shall provide a greater level of protection than road or driveway standards outside of geological hazardous areas.
c. 
Specific construction standards to minimize impacts, including drainage and drainage maintenance plans, may be required.
d. 
Exceptions or deviations from technical standards for width or other dimensional measurements may require a variance.
5. 
Stormwater. Stormwater conveyance through a properly designed stormwater pipe when no other stormwater conveyance alternative is feasible. The pipe shall be located above ground and be properly anchored and/or designed so that it will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in increased risk of mass wasting activity.
B. 
Landslide Hazard Management Zone. Alteration may be allowed within 300 feet of an active landslide hazard area when the director determines that the following standards are met:
1. 
The proposed alteration includes all appropriate measures to avoid, eliminate, reduce, or otherwise mitigate risks to health and safety.
2. 
The proposed alteration is located outside of a landslide hazard area and any required setback, as set forth in subsection C of this section.
3. 
The development will not decrease slope stability on adjacent properties. The development shall not increase the risk or frequency of landslide occurrences.
4. 
The removal and disturbance of vegetation, clearing, or grading shall be limited to the area of the approved development.
5. 
The development is outside of the area of potential upslope or downslope surface movement or potential deposition in the event of a slope failure.
6. 
The development will not increase or concentrate surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions.
7. 
The proposed alterations will not adversely impact other critical areas.
8. 
Structures and improvements shall minimize alterations to the slope contour, and shall be designed to minimize impervious lot coverage unless such alterations or impervious surfaces are needed to maintain slope stability.
C. 
Landslide Hazard Area Setbacks. Setbacks shall be required from the edges of any identified landslide hazard area in accordance with the following:
1. 
The size of the setback shall be based on the findings of a qualified professional and shall minimize the risk of property damage, death, or injury resulting from landslides both on and off the property; provided, that the director may require a minimum setback in accordance with International Building Codes adopted by Whatcom County.
2. 
The setback shall include consideration of the hydrologic contribution area to the potential landslide area and/or the area subject to the potential for mass movement, and the downhill area subject to potential deposition.
3. 
The setback shall include consideration of vegetation on the potential landslide area and in areas above and below the potential landslide area. The director shall have the authority to require vegetation or other measures to protect or improve slope stability and shall have the authority to require a mitigation plan developed in accordance with WCC § 16.16.260, and a conservation easement in accordance with WCC § 16.16.265(B)(4) to ensure appropriate vegetation improvements are installed, maintained, and preserved.
4. 
Developments on sites that are directly adjacent to a wetland, marine shoreline, or other habitat conservation area as defined in Article 7 of this chapter may be subject to additional buffer requirements and standards as set forth in the subsequent articles of this chapter.
(Ord. 2005-068 § 1; Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
Development may be allowed in seismic hazard areas when all of the following apply:
A. 
Structures in seismic hazard areas shall conform to applicable analysis and design criteria of the International Building Code.
B. 
Public roads, bridges, utilities, and trails shall be allowed when there are no feasible alternative locations, and geotechnical analysis and design are provided that minimize potential damage to roadway, bridge, and utility structures, and facilities will not be susceptible to damage from seismically induced ground deformation. Mitigation measures shall be designed in accordance with the most recent version of the American Association of State Highway and Transportation Officials (AASHTO) Manual or other appropriate document.
(Ord. 2005-068 § 1; Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
The following uses and modifications may be allowed in alluvial fan hazard areas when all reasonable measures have been taken to minimize risks and other adverse effects associated with alluvial fan hazards, when the amount and degree of alteration are limited to the minimum needed to accomplish the project purpose, and when the applicable general protective measures found in WCC § 16.16.265 have been applied:
A. 
Reasonable Use. Developments that will minimize the threat to the health or safety of people and will not increase the risks of alluvial fan hazards on or off the site and meet the reasonable use standards as set forth in WCC § 16.16.270.
B. 
Infrastructure. Roads, utilities, bridges, and other infrastructure that is located and designed to minimize adverse impacts on critical areas and avoid the need for channel dredging or diking or other maintenance activities that have the potential to substantially degrade river and stream functions.
C. 
Permanent residential structures and commercial developments shall be allowed in alluvial fan hazard areas only if the fan has undergone a county-approved study to assess potential hazards, determine risks, and identify mitigation measures and is deemed suitable for development. The director shall make this determination based on a detailed assessment by a qualified professional that identifies the risks associated with a 500-year return period debris flow or the maximum credible event that could impact the alluvial fan.
D. 
Accessory structures not involving human occupancy shall be allowed as long as the structure will not increase the alluvial fan hazards on or off the site.
(Ord. 2005-068 § 1; Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
Ash/Tephra Fall and Lateral Blast Hazard Areas. Development may be allowed in these areas; provided, that all reasonable measures have been taken to minimize risks and adverse effects, and when the amount and degree of the alteration is limited to the minimum needed to accomplish the project purpose, and when the applicable general protective measures found in WCC § 16.16.265 and the standards of WCC § 16.16.320 have been applied.
B. 
Lahar Hazard Zones.
1. 
Subject to WCC § 16.16.265 and § 16.16.320(A) through (C), the following uses are allowed in any volcanic hazard areas:
a. 
Single-family residences and duplexes.
b. 
Accessory structures not involving human occupancy.
c. 
Sewer collection facilities, communication facilities, and other utilities that are not likely to cause harm to people or the environment if inundated by a lahar. Underground utilities such as pipelines shall be allowed if demonstrated through a geotechnical analysis to be sufficiently buried as to not likely be damaged by scour caused by a lahar.
d. 
Agricultural and forestry uses not including human habitation.
2. 
Subject to WCC § 16.16.265 (except subsection D when located wholly within a lahar hazard zone) and WCC § 16.16.320(A) through (C), the following uses are allowed in volcanic hazard areas subject to the submittal and approval of a volcanic hazard emergency management plan meeting the requirements of subsection (B)(3) of this section; however, this requirement may be waived for properties located in an area with an estimated lahar arrival time of more than 60 minutes. The county will maintain travel time projection maps to estimate lahar approach times.
a. 
Expansion of legal nonconforming uses meeting criteria of WCC § 16.16.275 and Chapter 20.83 WCC.
b. 
All other uses allowed per the property's zoning district.
3. 
Where required by subsection (B)(2) of this section, a volcanic hazard emergency management plan shall be submitted for approval and meet the following requirements:
a. 
Is consistent with and integrated into a community emergency plan maintained by the sheriff's office of emergency management.
b. 
Includes an emergency evacuation plan.
c. 
Is required to be updated every five years.
d. 
Evacuation route maps must be posted on the premises.
(Ord. 2005-068 § 1; Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
General Standards. For coastal, riverine, and stream erosion hazard areas, the following activities shall be allowed when the applicable general protective measures found in WCC § 16.16.265 have been applied and as follows:
1. 
Developments that minimize the threat to the health or safety of people and will not increase the risks of erosion hazards on or off the site and meet the reasonable use or variance standards as set forth in WCC § 16.16.270 or § 16.16.273, respectively.
2. 
Discharge of surface water drainage into a coastal or riverine erosion hazard area, provided there are no other alternatives for discharge, and the drainage is collected upland of the top of the active erosion hazard area and directed downhill in an appropriately designed stormwater pipe that includes an energy dissipating device at the base of the hazard area. The pipe shall be located on the surface of the ground and be properly anchored so that it will continue to function under erosion conditions and not create or contribute to adverse effects on downslope critical areas. The number of pipes shall be minimized along the slope frontage.
3. 
Stormwater retention and detention systems, such as dry wells and infiltration systems using buried pipe or French drains, provided they are located outside the identified channel migration zone, designed by a qualified professional and shall not affect the stability of the site.
4. 
Utility lines when no feasible conveyance alternative is available. The line shall be located above ground and properly anchored and/or designed so that it will not preclude or interfere with channel migration and will continue to function under erosion conditions; provided, that utility lines may be located within channel migration zones if they are buried below the scour depth for the entire width of the channel migration zone (CMZ).
5. 
Public roads, bridges, and trails when no feasible alternative alignment is available. Facilities shall be designed such that the roadway prism and/or bridge structure will not be susceptible to damage from active erosion.
6. 
Access to private development sites may be allowed to provide access to portions of the site that are not critical areas if there are no feasible alternative alignments. Alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions and specific construction standards to minimize impacts may be specified.
7. 
Shoreline stabilization may be permitted when consistent with the shoreline stabilization regulations found in WCC § 23.40.190 (Shoreline stabilization), regardless of whether the proposed project is within shoreline jurisdiction or not.
8. 
New residences shall be located outside of channel migration hazard areas or marine shoreline retreat areas. Accessory structures not involving human occupancy with a footprint equal to or less than 2,500 square feet shall be allowed; provided, that they are located at the outer edge of the migration zone as defined by this chapter; and provided, that the director may allow larger accessory structures where mitigating measures are feasible and provided for by the applicant.
9. 
New public flood protection measures and expansion of existing ones may be permitted, subject to WCC Title 17, Article 4 of this chapter, and a state hydraulic project approval; provided, that bioengineering or soft armoring techniques shall be used where feasible. Hard bank armoring may occur only in situations where soft approaches do not provide adequate protection.
B. 
Erosion Hazard Area Setbacks. In addition to the applicable general protective measures found in WCC § 16.16.265, the director shall have the authority to require setbacks from the edges of any coastal, stream, or riverine hazard erosion area in accordance with the following:
1. 
The size of the setback shall be based on the findings of a qualified professional and shall protect critical areas and processes and minimize the risk of property damage, death or injury resulting from erosion over the life of the development, typically identified as 100 years; provided, that the director may require a minimum setback in accordance with International Building Codes adopted by Whatcom County.
2. 
The setback shall include the uphill area subject to potential erosion, the downhill area subject to potential deposition, and any area subject to landslide as a result of erosion.
3. 
The setback shall include woody vegetation adequate to stabilize the soil and prevent soil movement. If the designated setback area lacks adequate woody vegetation, the director shall have the authority to require vegetation enhancement or other measures to improve slope stability.
4. 
Developments on sites that are directly adjacent to a wetland or marine shoreline or other habitat conservation area as defined in Article 7 of this chapter may be subject to additional setback requirements and standards as set forth in the subsequent articles of this chapter.
(Ord. 2005-068 § 1; Ord. 2009-013 § 2 (Exh. 2); Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
The standards of WCC § 16.16.320 shall apply. For development within tsunami hazard areas the proposed development shall be designed to provide protection from the tsunami hazard that meets the projected hazard on the Department of Natural Resources Tsunami Inundation Maps. For other low-lying coastal areas not included on the inundation maps, development shall be designed to provide protection for debris impact and an inundation as determined by current Department of Natural Resources modeling, unless other measures can be shown to provide equal or greater protection.
(Ord. 2005-068 § 1; Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
Standards for seiche and landslide generated wave hazards will only apply if the hazard area is mapped by the United States Geological Survey or the Department of Natural Resources, Division of Geology and Earth Resources, or other credible source approved by Whatcom County. If a mapped hazard is present, the standards of WCC § 16.16.320 and § 16.16.350 shall apply. For residential development within mapped seiche and landslide generated wave hazard areas, the proposed development shall be designed to withstand the mapped hazard. If the risk of the event is less than 0.1 percent on a yearly basis, development standards may not be required, but notice on property title will be required.
(Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))
A. 
When county critical area maps or other sources of credible information indicate that a site proposed for development or alteration is, or may be, located within an active or potential geologically hazardous area, the director shall have the authority to require the submittal of a geological assessment report.
B. 
A geologic hazards assessment report for a geologically hazardous area shall include a field investigation and contain an assessment of whether or not the type of potential geologic hazard identified is present or not present and if development of the site will increase the potential for landslides or erosion on or off the site. Geology hazard assessment reports shall be prepared, stamped, and signed by a qualified professional. The report should:
1. 
Be appropriate for the scale and scope of the project;
2. 
Include a discussion of all geologically hazardous areas on the site and any geologically hazardous areas off site potentially impacted by or which could impact the proposed project. If the affected area extends beyond the subject property, the geology hazard assessment may utilize existing data sources pertaining to that area;
3. 
Clearly state that the proposed project will not decrease slope stability or pose an unreasonable threat to persons or property either on or off site and provide a rationale as to those conclusions based on geologic conditions and interpretations specific to the project;
4. 
Provide a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, and other adequate information to determine compliance with the requirements of this article;
5. 
Provide conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties;
6. 
Geotechnical reports shall conform to accepted technical standards and generally follow the guidelines set forth in the Washington State Department of Licensing Guidelines for Preparing Engineering Geology Reports in Washington (2006). In some cases, such as when it is determined that no landslide or erosion risk is present, a full report may not be necessary to determine compliance with this article, and in those cases a stamped letter or abbreviated report may be provided;
7. 
If a landslide or erosion hazard is identified, provide minimum setback recommendations for avoiding the landslide or erosion hazard, recommendations on stormwater management and vegetation management and plantings, other recommendations for site development so that the frequency or magnitude of landsliding or erosion on or off the site is not altered, and recommendations are consistent with this article;
8. 
For projects in seismic hazard areas, the report shall also include a detailed engineering evaluation of expected ground displacements, amplified seismic shaking, or other liquefaction and/or dynamic settlement effects and proposed mitigation measures to ensure an acceptable level of risk for the proposed structure type or other development facilities such as access roads and utilities;
9. 
For projects in mine hazard areas, the report shall also include a description of historical data and remnant mine conditions, if available, dates of operation, years of abandonment, strength of overlying rock strata, and other information needed to assess stability of the site together with analysis of surface displacement or foundation stress from collapse of workings.
C. 
A geological assessment for a specific site may be valid for a period of up to five years when the proposed land use activity and site conditions affecting the site are unchanged. However, if any surface and subsurface conditions associated with the site change during that five-year period, the applicant may be required to submit an amendment to the geological assessment.
(Ord. 2005-068 § 1; Ord. 2017-077 § 1 (Exh. A); Ord. 2024-047 § 2 (Exh. F))