A. 
The city of Snoqualmie critical areas ordinance, as adopted by Ordinance 1176 (June 13, 2016) and codified in Chapter 19.12 SMC, is herein adopted by reference into this program, except for as provided in subsection C of this section.
1. 
The provisions of the critical areas ordinance shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required.
2. 
Within shoreline jurisdiction, the provisions of the critical areas ordinance shall be liberally construed together with this shoreline master program to give full effect to the objectives and purposes of the provisions of this program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the shoreline master program, the more restrictive provision(s) shall prevail.
3. 
Minimal Impacts and No Net Loss. All the regulations of this chapter and Chapter 19.12 SMC, as incorporated by reference, shall be applied to uses, activities, modifications, and development within shoreline jurisdiction in order to ensure minimal impacts to and no net loss of shoreline ecological function.
B. 
Critical areas regulated within shoreline jurisdiction include:
1. 
Geologically hazardous areas and any required buffers including:
a. 
Erosion hazard areas;
b. 
Landslide hazard areas;
c. 
Steep slope hazard areas; and
d. 
Seismic hazard areas;
2. 
Channel migration and erosion hazard zones;
3. 
Frequently flooded areas;
4. 
Streams and required buffers;
5. 
Wetlands and required buffers, except that when an associated wetland is located at the outer edge of shoreline jurisdiction, all provisions and administrative procedures of Chapter 19.12 SMC shall regulate the buffer where the buffer extends outside of shoreline jurisdiction;
6. 
Fish and wildlife habitat conservation areas and any required buffers; and
7. 
Critical aquifer recharge areas.
C. 
Exceptions to the applicability of the city of Snoqualmie critical areas ordinance within the shoreline jurisdiction are as follows:
1. 
All allowed activities within critical areas as listed in SMC § 19.12.040, including public agency exceptions, utility exceptions, and reasonable use exceptions, shall not be granted within shoreline jurisdiction. Unless listed in SMC § 19.08.570 (Critical areas, permitted and allowed activities within shoreline jurisdiction), SMC § 19.08.580 (Filling or alteration of wetlands within shoreline jurisdiction), or otherwise specifically allowed in this chapter, any proposals that require impacts to critical areas or buffers shall require a shoreline variance pursuant to the requirements of this chapter and Chapter 173-27 WAC.
2. 
Administrative and procedural provisions, such as review, appeals, and enforcement, shall be governed by this chapter and not Chapter 19.12 SMC.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
All permitted activities shall be reviewed and permitted consistent with this chapter, and shall require a shoreline letter of exemption, substantial development permit, or conditional use permit consistent with the administrative provisions of this chapter.
B. 
Permitted activities within integrated provisions of the critical areas ordinance shall be allowed within shoreline jurisdiction, as listed in this section:
1. 
Erosion Hazard Areas. Alteration to erosion hazard areas is only allowed as permitted by SMC § 19.12.100.
2. 
Landslide Hazard Areas. Alteration to landslide hazard areas and associated buffers is only allowed as permitted by SMC § 19.12.110.
3. 
Steep Slope Hazard Areas. Alteration to steep slope hazard areas and associated buffers is only allowed as permitted by SMC § 19.12.120.
4. 
Seismic Hazard Areas. Alterations to seismic hazard areas shall only be allowed as permitted by SMC § 19.12.130.
5. 
Channel Migration and Associated Erosion Hazard Zones. Alterations to channel migration and associated erosion hazard zones shall only be allowed as permitted by SMC § 19.12.140.
6. 
Frequently Flooded Areas. Alteration to frequently flooded areas is only allowed as permitted by SMC § 19.12.150.
7. 
Streams. All provisions and permitted alterations of streams and associated buffers shall apply in shoreline jurisdiction consistent with SMC § 19.12.160, except:
a. 
The city may not grant a public agency or utility exception or reasonable use exception as indicated by SMC § 19.12.160(B).
b. 
Other uses and activities allowed within stream buffers as provided by this chapter shall be permitted; provided, that mitigation is provided consistent with this chapter and Chapter 19.12 SMC.
8. 
Wetlands. All provisions and permitted alterations of wetlands and associated buffers shall apply in shoreline jurisdiction consistent with SMC § 19.12.170 and § 19.12.180, except:
a. 
Alteration of wetlands less than 1,000 square feet in area provided by SMC § 19.12.170(E) shall not be allowed.
b. 
The criteria for filling or alteration of wetlands provided by SMC § 19.12.170(F) shall not apply in shoreline jurisdiction; the alternative criteria for filling or alteration of wetlands provided by SMC § 19.08.580 shall apply.
9. 
Fish and Wildlife Habitat Conservation Areas. Alteration to fish and wildlife habitat conservation areas is only allowed as permitted by SMC § 19.12.190.
10. 
Critical Aquifer Recharge Areas. Alteration to critical aquifer recharge areas is only allowed as permitted by SMC § 19.12.200.
C. 
In addition to permitted activities identified in subsection B of this section, the following development, modifications, activities, and associated uses are allowed as provided below, provided they are consistent with the provisions of other local, state, and federal laws and requirements and ensure minimal impacts to and no net loss of shoreline ecological functions, including the functions of associated critical areas:
1. 
Emergencies that threaten the public health, safety and welfare. Altered critical areas or buffers may be required to be restored and/or impacts resulting from emergency actions mitigated, based on review by the city, after the emergency situation is stabilized.
2. 
Removal of such potential fuels within portions of a critical areas buffer in the urban-wildland interface as determined necessary by the fire chief on a site-specific assessment to create a defensible space within 30 feet of a residence in areas declared by the fire chief to be a wildfire threat zone, pursuant to a plan approved by the fire chief. Such plan shall not authorize any more clearing of a critical area buffer than is necessary to eliminate fuels likely to cause the spread of a wildfire.
3. 
Normal and routine maintenance or repair of existing utility or street rights-of-way or utility structures. Utility or street rights-of-way shall be maintained in a manner that meets the objectives of safe and efficient use of the right-of-way, while eliminating the use of chemical herbicides within the corridors. Normal and routine maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species.
4. 
Removal of state-listed invasive and noxious weeds and additional aggressive nonnative species, including listed knotweed, Scotch broom, English ivy, and Himalayan and evergreen blackberry; provided, only hand labor and light equipment that minimizes disturbance to the critical area or buffer is used, and chemical applications approved for use adjacent to streams and wetlands, provided best management practices are used.
5. 
Removal of dangerous trees, with the director's approval. A certified arborist's evaluation may be required in the discretion of the director if the hazard is not clearly evident.
6. 
Enhancement and restoration plantings for the purpose of restoring functions and values of critical areas or buffers that do not require construction permits; provided, only hand labor and light equipment that minimizes disturbance to the critical area or buffer is used. Removal or trimming of trees within critical areas or their buffers, and replacing them with lower-growing shrubs, for the purpose of creating or expanding a view corridor, shall not be deemed an enhancement or restoration action and is not an exempted activity.
7. 
The following agricultural activities in existence as of the effective date of Ordinance No. 691:
a. 
Grazing of livestock, provided best management practices are implemented to protect water quality;
b. 
Mowing of hay, grass or grain crops in existence prior to 1995, provided such uses do not increase the degree of nonconformity;
c. 
Tilling, disking, planting, seeding, harvesting, and related activities for pasture, food crops, grass seed, or sod; provided, that such activities do not involve any expansion into the critical areas or buffer of the area involved from that existing on the date this chapter becomes effective;
d. 
Normal and routine maintenance of drainage and irrigation ditches, provided they are not used by salmonids; farm ponds; stocked fish ponds; manure lagoons; and created livestock watering ponds; provided, that such activities shall not involve conversion of or expansion into any wetland or buffer not currently being used for such activity and best management practices are used. Maintenance actions within drainage ditches that drain directly to salmonid-bearing waters may require permits from state or federal regulatory agencies.
8. 
Minor site investigative work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities are permitted where such activities do not require construction of new roads, removal of native trees or shrubs, or displacement of more than five cubic yards of material.
Investigations involving displacement of more than five cubic yards of material, including geotechnical soil borings, groundwater monitoring wells, percolation tests, and similar activities shall require submittal of specific plans and restoration plans. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored.
D. 
A continuous riverwalk trail, boardwalk, and public viewing areas within the buffer of the Snoqualmie River are allowed in all shoreline environments.
E. 
Farm Plans. Agricultural activities may be conducted consistent with a farm plan approved by the King Conservation District and the city. A qualified consultant shall evaluate agricultural activities, including vegetation management, outlined in a farm plan with the standards established in this chapter and Chapter 19.12 SMC.
F. 
Mitigation Required. Any authorized alteration of a critical area or its buffer under subsections B and C of this section shall be subject to conditions established by the city and shall require mitigation described in an approved mitigation plan that meets the mitigation requirements of this chapter and Chapter 19.12 SMC, as incorporated by reference.
(Ord. 1252 § 5 (Exh. A), 2021)
A. 
Filling or Alteration of Wetlands.
1. 
Unless otherwise stated in this chapter, any proposed fill or alteration of a wetland shall either be approved through a shoreline variance process as described in this chapter, or in accordance with subsection (A)(2) of this section. Any proposal for wetland fill or alteration requiring a shoreline variance shall follow the mitigation sequencing established by SMC § 19.12.090, as adopted by reference. All proposals for wetland fill or alteration shall meet criteria in SMC § 19.12.090(A)(3) through (5).
2. 
Any proposed fill or alteration of a wetland on a site subject to a development agreement may be approved through a shoreline conditional use permit process if:
a. 
Mitigation is provided that locates and/or restores a compensatory wetland area on the same site, and the compensatory wetland area provides a higher level of wetland function than existed prior to the fill or alteration; and
b. 
Mitigation establishes buffers with dense, native vegetation to protect the wetland functions and values; and
c. 
Assessment is provided demonstrating hydrology will support the created or reestablished wetland; and
d. 
Alterations adhere to applicable city, state, and federal requirements and permitting including, but not limited to, U.S. Army Corps of Engineers and the Department of Ecology; and
e. 
A 10-year monitoring period is established in accordance with SMC § 19.12.070, to ensure mitigation meets the design performance standards established in the approved mitigation plan.
3. 
The fill shall not result in the loss of flood storage and shall be compensated for within city limits.
4. 
If the fill is located in the city's 100-year floodplain, the proposal must be consistent with the requirements of Chapter 15.12 SMC, Flood Hazard Regulations.
5. 
The alteration shall not result in deficient buffers that do not adequately protect the remaining wetland.
(Ord. 1252 § 5 (Exh. A), 2021)