The definition of terms used in this chapter are provided in Appendix D, Definitions, of this chapter.
(Ord. 2293 § 2 (Exh. A), 2005; Ord. 2798 § 2 (Exh. B), 2025)
A.
Policy. It is the policy of the city of Enumclaw (city) to require site evaluation, planning and review prior to project permitting and construction to:
1.
Avoid or minimize damage to critical areas wherever possible, to ensure no net loss of critical area ecological functions and values, through the application of mitigation sequencing described in WAC 197-11-768;
2.
Recognize and respond to the need for flood control and flood-resistant building practices within frequently flooded areas;
3.
Identify and regulate geologically hazardous areas that either are not suited for, or would probably impose significant limitations on, building construction, road construction or disturbance and be consistent with public health and safety concerns;
4.
Identify and protect aquifer recharge areas for aquifers used for potable water;
5.
Require that land use activities not dependent upon the location of a critical area be located in areas outside of the identified or delineated critical area and its associated buffer;
6.
Define and protect fish and wildlife habitat conservation areas; and
7.
Be consistent with public health and safety concerns.
B.
Goals. By regulating land use activities within critical areas and their attendant buffers, this chapter seeks to:
1.
Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, or flooding;
2.
Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species;
3.
Direct activities not dependent on critical areas resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas;
4.
Allow modification and/or obliteration of low function and value wetland, stream, and wildlife habitats in conjunction with off-site mitigation and restoration in designated areas where the addition of created and/or enhanced habitats will increase fish and wildlife production, public benefits, and economic viability in the city limits and urban growth areas; and
5.
Prevent a net loss of ecological functions and values for all critical areas.
C.
Purpose. The purpose of this chapter is to protect the public health, safety, and welfare of the citizens of the city as well as the critical areas regulated within the city by:
1.
Defining, designating, and classifying critical areas as wetlands, critical aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas, per WAC 365-196-830;
2.
Providing city officials with information to evaluate, approve, condition, or deny public or private development proposals based upon the regulations outlined in this chapter;
3.
Enforcing the regulations outlined in this chapter to prevent the adverse impacts of development within and adjacent to critical areas;
5.
Protecting the private property rights of property owners in the city by alerting appraisers, assessors, owners, and potential buyers or lessees to the development limitations of critical areas;
6.
Providing alternative enforcement strategies, incentives, and/or compensation to property owners whose property would be rendered partially or fully undevelopable due to the enforcement of the regulations outlined in this chapter, and who, by cooperating with the city in implementing the regulations outlined in the chapter rather than pursuing reasonable use alternatives, allow for a net improvement in the regulated critical area's habitat quality and wildlife/fish production;
7.
Protecting, enhancing, restoring, and mitigating impacts to regulated critical areas and their functions and values, while also allowing for reasonable use of private property and economic viability in the city;
8.
Implementing the current goals, policies, guidelines, and requirements of the city's comprehensive plan, the State of Washington (State) Growth Management Act, and the State Environmental Policy Act (SEPA); as well as all updated (future) versions of city environmental regulations and community (or comprehensive) plans, applicable state community development and environmental regulations, and applicable federal regulations.
D.
Intent. The regulations detailed in this chapter are intended to provide the city a basis for protecting, restoring, enhancing, and/or obliterating (with approved mitigation) the designated and classified critical areas in accordance with the Growth Management Act and through the application of the best available science, as determined according to WAC 365-195-900 through 365-195-925, and in consultation with state and federal agencies and other qualified professionals.
In addition, it is the intent of the city that activities in or affecting wetlands not threaten public safety, cause nuisances, or destroy or degrade natural wetland functions and values by:
1.
Impeding flood flows, reducing flood storage capacity, or impairing natural flood control functions, thereby resulting in increased flood heights, frequencies, or velocities on other lands;
2.
Increasing water pollution through location of domestic waste disposal systems in wetlands, unauthorized application of pesticides and herbicides, disposal of solid waste at inappropriate sites, creation of unstable fills, or the destruction of wetland soils and vegetation, and/or compromising pollution control functions;
3.
Increasing erosion (e.g., weakening root strength, which is essential for stabilizing soil);
4.
Decreasing breeding, nesting, and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered;
5.
Interfering with the exchange of nutrients needed by fish and other forms of wildlife;
6.
Decreasing habitat for fish and other forms of wildlife (e.g., reducing riparian shade provided by riparian vegetation, decreasing wood input);
7.
Adversely altering the recharge or discharge functions of wetlands, thereby impacting ground water or surface water supplies;
8.
Significantly altering wetland hydrology and thereby causing either short- or long-term changes in vegetative composition, soils characteristics, nutrient cycling, or water chemistry;
9.
Destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas; or
10.
Destroying or damaging aesthetic and property values, including significant public view sheds.
(Ord. 2293 § 2 (Exh. A), 2005; Ord. 2798 § 2 (Exh. B), 2025)
A.
All regulated activities shall be subject to the provisions of this chapter, except those activities that occur within shoreline jurisdiction. When critical areas occur within shoreline jurisdiction, the critical areas regulations within the city of Enumclaw shoreline master program, Chapter 15.36 EMC, shall apply. The provisions of this chapter shall apply to all lands, all land uses, and development activities, and all structures and facilities in the city, whether or not a permit or authorization is required, and shall apply to every person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers land within the city. No person, company, agency, or applicant shall alter a critical area or its associated buffer except as consistent with the purposes and requirements of this chapter and as authorized by the administrator.
1.
Regulated Activities. Regulated activities include, but are not limited to, development clearing (vegetation), draining, dredging, dumping or stockpiling (native or nonnative organic or inorganic materials), excavating, filling, flooding, grading, harvesting, obstructing, pile driving, or shading (with human-made structures) within critical areas and their associated buffers.
2.
The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation, for development within areas of special flood hazard or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, without first ensuring compliance with the requirements of this chapter, including, but not limited to, the following:
a.
Building permit;
b.
Clearing and grading permit;
c.
Forest practices permit;
d.
Conditional use permit;
e.
Shoreline conditional use permit;
f.
Shoreline substantial development permit;
g.
Shoreline exemption;
h.
Shoreline variance;
i.
Short subdivision;
j.
Subdivision;
k.
Planned unit development;
l.
Binding site plan;
m.
Zoning variance;
n.
Zoning code amendment;
o.
Flood development permit; or
p.
Any other adopted permit or required approval not expressly exempted by this chapter.
3.
Approval of a permit or development proposal pursuant to the provisions of this chapter does not discharge the obligation of the applicant to comply with the provisions of this chapter.
4.
The city shall not grant any approval or permission to conduct a regulated activity in a critical area unless the activity is in compliance with this chapter or unless the activity is expressly exempted by this chapter.
5.
Many state, federal and regional regulations apply to projects conducted within critical areas. Uses and development otherwise allowed by this chapter do not eliminate other agency regulatory requirements nor the obligation of the applicant to comply with other federal, state and regional regulations.
B.
Exempt Activities. The following exemptions do not apply when conducted within shoreline jurisdiction as defined by the city of Enumclaw shoreline master program, Chapter 15.36 EMC, or if defined as "development" within areas of special flood hazard. With the approval of the administrator (director of community development), the uses listed below shall be exempt from the provisions of this chapter and are allowed within a critical area to the extent that the uses are consistent with the provisions of other applicable local, state, and federal laws, regulations and requirements; and are not prohibited by any other chapter or law; and provided they are conducted using best management practices, except where such activities result in the conversion of a critical area to a use to which it was not previously subjected; and provided further, that forest practices and conversions shall be governed by current state regulations.
All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. By finding that an activity proposed within a critical area or its associated buffer is exempt from the provisions of this chapter, the administrator is not granting permission to degrade a critical area 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 fully mitigated at the responsible party's expense and result in no net loss of critical areas ecological functions and values.
The following are exempt activities or allowable uses:
1.
Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife including activities undertaken for purposes of habitat enhancement that is part of an enhancement project which has received prior written approval from the city and any other agency with jurisdiction over such activity;
2.
Outdoor recreational activities, including fishing, bird watching, hiking, boating, horseback riding, swimming, canoeing, and bicycling;
3.
The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions or water sources;
4.
Existing and ongoing agricultural activities including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals.
a.
Cessation of agricultural activities on an area that was previously farmed to allow that area to lie fallow as part of a conventional, rotational cycle (or for any other regular or normal farming practice) is considered to be part of an ongoing agricultural operation and is not to be considered as a cessation of farming or as a change in land use.
b.
Cessation of farming activities in response to government programs designed to control commodity production shall not be considered a permanent cessation of farming activity or a change in land use unless the land is left fallow or unfarmed for a period of seven years beyond the termination of the government program. Farming activities can resume after seven or more years, but the administrator has the authority to impose new critical areas regulations on all land use activities initiated at the end of the seven-year period and beyond.
c.
Cessation of farming activities in response to market conditions or economic irregularities adversely impacting farming activities will not be considered a cessation of farming activities or a change in land use unless the land is left fallow or unfarmed for a period of five years or longer. Farming activities can resume after five or more years, but the administrator has the authority to impose new critical areas regulations on all land use activities initiated at the end of the seven-year period and beyond.
d.
Activities undertaken to bring an area back into agricultural use and production following a period of nonfarm use may not be considered, in the judgment of the administrator, part of an ongoing operation. As a result, such activities may not be exempt from the provisions of this chapter.
e.
An operation ceases to be ongoing when the area on which it was conducted has been converted to another use or has lain idle so long that modifications to the hydrological regime are necessary to resume operations;
5.
The maintenance (but not construction) of drainage ditches;
6.
Education, scientific research, and use of nature trails;
7.
Navigation aids, boundary markers, and boat mooring buoys;
8.
Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities. In every case, impacts shall be minimized and disturbed areas shall be immediately restored;
9.
Emergency repair or construction activities or vegetation harvesting (mowing) that the city determines to be necessary to protect the health, safety, or welfare of area residents. Upon abatement of the emergency situation the new construction shall be removed or any permit which would have been required, obtained, and a mitigation plan for any loss of wetland function will be submitted to the city and implemented within two years of the emergency activity;
10.
Normal maintenance, repair, or operation of existing legally established serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; increase the impact to, or encroach further within, the critical area or buffer; or increase risk to life or property;
11.
Public and private pedestrian trails, except in wetlands, subject to the following:
a.
The trail surface shall meet all other requirements including water quality standards set forth in the city's applicable stormwater management regulations;
b.
Whenever possible the trail surface should be comprised of materials that allow the maximum amount of stormwater runoff infiltration;
c.
When required by the administrator trails within nonwetland critical areas and/or their associated buffers, total widths of the buffers where the trail is located shall be increased, where possible, to a width equal to the width of the trail corridor, including disturbed areas, plus the originally prescribed wetland buffer width;
d.
Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; and
e.
Trails may be allowed in wetlands if the administrator can demonstrate that the public education benefits are greater than the detrimental effects of the wetland impacts associated with the construction, maintenance, and long-term operation of the trail. The impacts of administrator-approved trail installation, public or private, shall be mitigated by the project proponent. Mitigation efforts may include unconventional mitigation activities such as:
(1)
Purchase and installation of educational/interpretive signage within the wetland and the adjacent buffer;
(2)
Purchase of materials and construction of unobtrusive viewing platforms and/or blinds; and
(3)
Purchase of materials and installation of habitat features such as duck boxes, goose platforms, large woody debris to be installed as downed logs or snags, or native animal species to augment or increase species diversity;
f.
The trail or interpretive facility is constructed and maintained in a manner that minimizes disturbance to the critical area(s) to the extent practicable.
(1)
Trails and interpretive facilities shall be engineered and built to standards that avoid the need for major repair or reconstruction beyond that which would be required outside of critical areas and shall be:
(a)
Located in the least sensitive area of the site.
(b)
Designed to minimize topographic modification by utilizing low gradients and/or aligning trail and interpretive facilities parallel to the natural contours of the site.
(c)
Retaining walls shall be preferred over cut and fill slopes to minimize topographic alteration.
(d)
Clearing and grading shall minimize ground disturbance to the extent practicable to accommodate allowed development and generally shall not extend more than 10 feet beyond the approved trail and/or interpretive facility.
12.
The following vegetation management activities; provided, that no vegetation shall be removed from a critical area or its buffer without approval from the administrator, are allowed:
b.
The removal of hazard trees from critical areas and buffers which pose a threat to public safety, or pose an imminent risk of damage to private property; provided, that:
(1)
The applicant submits a report from a certified arborist, registered landscape architect, or professional forester that documents the hazard and provides a replanting schedule for the replacement trees;
(2)
Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags;
(3)
All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation;
(4)
Unless otherwise directed by the administrator, the landowner shall replace any significant trees that are removed as part of an approved land use or development project with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan.
(a)
Significant trees are conifer species greater than six inches in diameter at breast height (dbh) and deciduous species greater than eight inches dbh.
(b)
Replacement trees may be planted at a different, but nearby, location than the trees that were removed if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area.
(c)
Unless otherwise directed by the administrator, tree species removed will be replaced with the same species.
(d)
Replacement trees shall be species that are native and indigenous to the site and a minimum of one inch in diameter at breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball;
(5)
If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and
(6)
Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the city; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this title;
c.
Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW, and any applicable city code sections; provided, that the removed vegetation shall be replaced in-kind or with similar native species within one year in accordance with an approved restoration plan; and
d.
Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a habitat conservation area or wetland shall be prohibited;
13.
The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, as approved by the administrator; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management recommendations and the regulations of the State Department of Agriculture and the U.S. Environmental Protection Agency; and
14.
Utility projects which have minor or short-duration impacts to critical areas, as determined by the administrator in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria:
a.
There is no practical alternative to the proposed activity with less impact on critical areas;
b.
The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility; and
c.
The activity involves disturbance of an area less than 75 square feet.
C.
Exemption Request and Review Process. The proponent of the activity that is not specifically listed above may submit a written request for exemption to the administrator that describes the activity and states the exemption listed in subsection B of this section that may apply.
The administrator shall review the exemption request to verify that it complies with this title and approve or deny the exemption. If the exemption is approved, it shall be placed on file with the administrator. If the exemption is denied, the proponent may continue in the review process and shall be subject to the requirements of this chapter.
D.
This chapter is to be administered with flexibility and attention to site-specific characteristics. It is not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property that would otherwise be allowed under the current code and would be consistent with other allowable uses.
E.
It is not the intent of this chapter to prevent the provision of public facilities and services necessary to support existing development and planned for by the community without decreasing current service levels below minimum standards (see RCW 36.70A.020(12)).
F.
The city's enactment or enforcement of this chapter shall not be construed for the benefit of any individual person or group of persons other than the general public.
G.
It is not the intent of this chapter to repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. Where this chapter provides more protection to critical areas, however, the provisions of this chapter shall prevail unless specifically provided otherwise in this chapter.
(Ord. 2293 § 2 (Exh. A), 2005; Ord. 2509 § 4 (Exh. C), 2012; Ord. 2572 § 2 (Exh. A § 1), 2015; Ord. 2798 § 2 (Exh. B), 2025)
A.
Exception – Subdivisions with Substantial Completion of Infrastructure. A building permit application shall not be denied under this chapter if there has been substantial completion of the infrastructure of the plat within which the subject property of the permit is specifically located; however, a floodplain development permit is required, and the completed infrastructure cannot adversely impact critical area habitat or endangered species. A determination of substantial completion shall be based on the administrator's assessment of existing constructed infrastructure such as streets, utilities, and drainage improvements.
1.
Typically "substantial completion" means the amount of construction within a particular project area has impacted critical areas to the maximum extent that would be attributable to the project actions and on-site mitigation is neither economically nor ecologically viable.
2.
The administrator will confer with the city manager, the city's risk management specialist, and the city attorney regarding the consequences of a decision to deny a building permit for a project with a valid clearing and grading permit, approved site plans, and an authorization to proceed with construction.
B.
Exception – Reasonable Use. "Reasonable use" exceptions do not apply within shoreline jurisdiction or within areas of special flood hazard.
1.
If the application of this chapter would deny all reasonable economic use of the subject property, the city shall determine if compensation is an appropriate action, or the property owner may apply for an exception pursuant to this section.
2.
Exception Request and Review Process. An application for a reasonable use exception shall be made to the city and shall include a critical area identification form; critical areas report, including mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The administrator shall prepare a recommendation to the city council based on review of the submitted information, a site inspection, and the proposal's ability to comply with reasonable use exception criteria in subsection (B)(4) of this section.
3.
City Council Review. The city council may elect to review an application for reasonable use and may elect to conduct a public hearing pursuant to the provisions of the applicable city code section(s). The city council may approve, approve with conditions, or deny a reasonable use exception request based on the proposal's ability or lack of ability to comply with all of the reasonable use exception review criteria in subsection (B)(4) of this section.
4.
Reasonable Use Review Criteria. Criteria for review and approval of reasonable use exceptions follow; one or more may apply:
a.
The application of this chapter would deny all reasonable economic use of the property;
b.
No other reasonable economic use of the property has less impact on the critical area;
c.
The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property;
d.
The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this chapter, or its predecessor;
e.
The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
f.
The proposal will result in no net loss of critical area functions and values consistent with the best available science; or
g.
The proposal is consistent with other applicable regulations and standards.
5.
Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.
C.
Exception – Public Agency and Utility.
1.
If the application of this chapter would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section.
2.
Exception Request and Review Process. An application for a public agency and utility exception shall be made to the city and shall include a critical area identification form; critical areas report, including mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The director shall prepare a recommendation to the city council based on review of the submitted information, a site inspection, and the proposal's ability to comply with public agency and utility exception review criteria in subsection (C)(4) of this section.
3.
City Council Review. The city council shall review the public agency exception application and administrator's recommendation. Following that review, the city council may elect to conduct a public hearing pursuant to the provisions of the applicable city code section. The city council shall approve, approve with conditions, or deny the public agency exception request based on the proposal's ability or lack of ability to comply with all of the public agency and utility exception criteria in subsection (C)(4) of this section.
4.
Public Agency and Utility Review Criteria. The criteria for review and approval of public agency and utility exceptions follow:
a.
There is no other practical alternative to the proposed development with less impact on the critical areas;
b.
The application of this chapter would unreasonably restrict the ability to provide utility services to the public;
c.
The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
d.
The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and
e.
The proposal is consistent with other applicable regulations and standards.
5.
Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.
(Ord. 2293 § 2 (Exh. A), 2005; Ord. 2572 § 2 (Exh. A § 2), 2015; Ord. 2798 § 2 (Exh. B), 2025)
Landowners who have dedicated an easement or entered into a perpetual conservation restriction with the city to permanently control some or all regulated activities may have that portion of land exempt from special assessments such as sanitary sewers, storm sewers and water mains.
(Ord. 2293 § 2 (Exh. A), 2005; Ord. 2798 § 2 (Exh. B), 2025)