Exempt activities shall avoid impacts to critical areas. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party’s expense to prior condition or better.
A. Exempt Activities. The following developments, activities, and associated uses shall be exempt from the provisions of this chapter; provided, that they are otherwise consistent with the provisions of other local, State, and federal laws and requirements:
1. Activities, including routine maintenance, involving artificial drainage features intentionally created from nonwetland sites, including but not limited to grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features;
2. Normal and routine maintenance, operation and reconstruction of existing public streets, utilities and associated rights-of-way and structures, provided reconstruction of any structures may not increase the impervious surface area or remove flood storage capacity;
3. Normal maintenance, repair, and remodeling of residential or commercial structures; provided, that there is no expansion of the structure and no increase to the existing nonconforming condition of the structure relative to the critical area or its buffer based on a current delineation;
4. Reconstruction of a structure that has been fully or partially destroyed by fire, explosion, or other unforeseen circumstances not caused by the owner subject to Chapter
18.100 KMC.
5. Site investigative work and studies necessary for preparing site development or modification plans, including soils tests, water quality studies, wildlife studies and similar tests and investigations, where such activities do not require construction of new roads or significant amounts of excavation; and provided, that any disturbance of the critical area shall be the minimum necessary to carry out the work or studies and disturbed areas shall be immediately restored;
6. Educational activities, scientific research, and passive outdoor recreational activities, including but not limited to interpretive field trips and birdwatching, that will not have a significant adverse effect on the critical area;
7. Emergency activities necessary to prevent an immediate threat to public health, safety, property or welfare; provided, that the critical areas shall be restored, rehabilitated, or replaced at the responsible party’s expense to prior condition or better within one year of the activity.
The restoration, rehabilitation, and/or replacement of the critical area is limited to that area impacted by the prevention effort; this section does not require the responsible party to restore, rehabilitate or replace critical areas damaged by natural disaster;
8. Minor activities not mentioned above and determined by the city manager to have minimal impacts to a critical area; and
9. Existing and ongoing agricultural activities, including farm pond maintenance; provided, that they implement applicable best management practices (BMPs) and minimize their effects on water quality, riparian ecology, salmonid populations, and wildlife habitat.
B. Operation, Maintenance or Repair. Operation, maintenance or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees or drainage systems, that do not require construction permits, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair.
C. Modification to Existing Structures.
1. Structural modification of, addition to, or replacement of single detached residences in existence before November 27, 1990, which do not meet the building setback or buffer requirements for wetlands, streams or landslide hazard areas if the modification, addition, replacement or related activity does not increase the existing footprint of the residence lying within the above-described buffer or building setback area by more than 500 square feet over that existing before November 27, 1990. No portion of the modification, addition or replacement may be located closer than the closest point of the residence to the critical area or, if the existing residence is in the critical area, no portion may extend farther into the critical area.
2. Structural modification of, addition to, or replacement of structures, except single detached residences in existence before November 27, 1990, which do not meet the building setback or buffer requirements for wetlands, streams or landslide hazard areas if modification, addition, replacement or related activity does not increase the existing footprint of the structure lying within the above-described building setback area, critical area or buffer.
D. Activities within the Improved Right-of-Way. Repair, replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a City-authorized private roadway, except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater. Improved rights-of-way are those that are maintained out of necessity as a cleared, graded, paved, mowed or otherwise altered surface to allow for access, maintenance, or safety.
E. Select Vegetation Removal Activities. The following vegetation removal activities; provided, that no vegetation shall be removed from a critical area or its buffer without approval from the city manager:
1. The removal of vegetation listed in King County’s noxious weed list.
2. The removal of trees that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property from critical areas and buffers; provided, that the city manager determines that the disturbance to the critical area is minimal. Topping or limbing the tree to eliminate the hazard should be considered before removal. When removal is necessary, place the hazard tree in the critical area or buffer to provide habitat as downed wood unless doing so would pose a safety risk or increase a geologic hazard. Replacement trees at a 3:1 ratio are required.
3. 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; 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.
(Ord. 11-0329 § 3 (Exh. 1); Ord. 19-0488 § 2 (Exh. 1); Ord. 24-0624 § 5 (Exh. C))