This chapter applies to all regulated uses in this chapter or within 300 feet of areas designated as geologically hazardous or areas of concern. Permit applications include submittals for clearing, grading and building on property containing geologically hazardous areas. Submittal documents prepared by a licensed engineer may also be required by the department, pursuant to the city's stormwater regulations and building codes.
(1) Geologically Hazardous Areas and Areas of Geologic Concern.
(a) Approval. Where applicable the department will approve, approve with conditions or deny the development proposal based on the department's evaluation of specific site conditions. The department will also consider any proposed mitigation measures included in a geotechnical report, if one is submitted.
(b) Public Works Requirements. The applicant shall submit a land disturbing activity permit application to the department. The application and supporting documents shall be completed by a professional engineer licensed in the state of Washington. The submittal documents shall be determined on a site-specific basis and may be waived by the City Engineer. The documents may include any combination of, but not be limited to, construction plans, details and specifications for clearing, grading, erosion and sedimentation control, and stormwater drainage and detailed hydrological, geotechnical, soils, and drainage reports and analyses.
(c) Minimum Buffer Requirement. The buffer for all geologically hazardous areas and areas of geologic concern shall include native vegetation from the toe of the slope to 25 feet beyond the top of the slope unless otherwise supported through a geological report or a site-specific determination and designed accordingly.
(d) Building/Impervious Surface Setback Requirements.
(i) Geologically Hazardous Areas. The minimum building and impervious surface setback from the top of slope shall be equal to the height of the slope (1:1 horizontal to vertical) plus the greater of one-third of the vertical slope height or 25 feet.
(ii) Areas of Geologic Concern. A minimum 40-foot building and impervious surface setback shall be maintained from the top of slope. As required in subsection
(1)(c) of this section, the 25 feet adjacent to the top of the slope shall be retained as a native vegetation buffer, with an additional minimum 15-foot building and impervious surface setback. The department may decrease the setback when such a setback would result in a greater than 1:1 slope setback or as may be supported through a geological report or a site-specific determination.
(iii) Toe of Slope Building Setback. A geotechnical report may be required for any new construction within 300 feet of a geologically hazardous area. The department will make a determination based on slope height and stability indicators. Where slope hazard indicators are not identified, the requirements of the International Building Code will apply.
(e) Buffer and Building Setback Modifications – Report Recommendations. The minimum native vegetation buffer and/or building setback requirement may be decreased if a geotechnical report demonstrates that a lesser distance, through design and engineering solutions, will adequately protect both the proposed development and the erosion hazard and/or landslide hazard area (see Article
VIII of this chapter for geological and geotechnical report requirements). Should the geotechnical report indicate that a greater buffer and/or building setback is required than specified in this section, the greater buffer and/or building setback shall be required. The department may determine through a site visit, a special report or mapping, that an increased buffer and/or building setback is required from the critical area.
(f) Time Limitations. For major new development, and where required for minor new development, clearing, and grading, shall be limited to the period between May 1st to October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a professional engineer licensed in the state of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions.
(g) Field Marking Requirements. For major new development, the proposed clearing for the project and all critical area buffers shall be marked in the field for inspection and approval by the department prior to beginning work. Field marking requirements for minor new development will be determined on a case-by-case basis by the department. The field marking of all buffers shall remain in place until construction is completed and final approval is granted by the department. Permanent marking may be required as determined necessary to protect critical areas or their buffers.
(h) Cut and Fill Slopes. The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan.
(i) Development Impact Standards. All discharge of runoff from the development site shall be of like quality, flow rate, and velocity as that which flowed from the site prior to development. In addition, all stormwater flows shall be accepted onto, and shall be discharged from, the development site at the natural or otherwise legally existing locations. The proposed development shall not decrease the slope stability of any area within 300 feet of the property boundary.
(j) Development Risk Standard. In cases where a special report indicates a significant risk to public health, safety and welfare, the department shall deny or require revision of the site development proposal.
(k) Additional Clearing Standards.
(i) Only the clearing necessary to install temporary erosion control measures will be allowed prior to the clearing for roads and utilities construction.
(ii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked construction limits.
(iii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide the required minimum clearances of the serving utility.
(l) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas or areas of geologic concern, a geological or geotechnical report may be required prior to use as a temporary haul road or permanent access road under a conversion or COHP forest practices application.
(m) Vegetation Enhancement. The department may require enhancement of buffer vegetation to increase protection to geologically hazardous areas or areas of geologic concern.
(n) Seismic Hazard Area Development Standards.
(i) Proposed new development within a seismic hazard area shall be in accordance with Building Code.
(ii) Applicants for public and commercial building proposals within seismic hazard areas shall submit a geotechnical report addressing any fill or grading that has occurred on the subject parcel. Any fill placed for such development shall have documented construction monitoring as required by the Building Code.
(iii) All major new development in seismic hazard areas shall require a geotechnical report. Minor new development may also require a geotechnical report, as determined by the department.
(iv) The development proposal may be approved, approved with conditions or denied based on the department's evaluation of the proposed mitigation measures to reduce seismic risk.
(2) Prohibitions.
(a) Critical facilities, as defined in Article II of this chapter, are prohibited in geologically hazardous areas.
(b) In geologically hazardous areas with slopes greater than 80 percent, no development will be allowed either on or within the defined buffer area, unless approved by the department after review of a geotechnical report. The defined buffer zone for geologically hazardous areas is defined in subsection
(1)(d) of this section.
(c) On-site sewage disposal should be avoided in geologically hazardous areas and their buffers. In cases where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the state of Washington will be required in coordination with the Bremerton-Kitsap County health district.
(Ord. 018-25, 11/18/2025)