A. 
The purpose of this chapter is to establish supplemental standards for the protection of critical areas, as defined in SMC § 20.20.014, in compliance with the provisions of the Washington Growth Management Act of 1990 (Chapter 36.70A RCW) and consistent with the goals and policies of the Shoreline Comprehensive Plan in accordance with the procedures of Chapter 20.30 SMC.
B. 
By identifying and regulating development and alterations to critical areas and their buffers, it is the purpose of this chapter to:
1. 
Protect the public from injury, loss of life, property damage or financial losses due to flooding, erosion, landslide, seismic events, or soils subsidence;
2. 
Protect unique, fragile and valuable elements of the environment;
3. 
Reduce cumulative adverse environmental impacts to water quality, wetlands, streams, and other aquatic resources, fish and wildlife habitat, landslide hazards, and other geologically unstable features and protect the functions and values of critical areas from overall net loss;
4. 
Ensure the long-term protection of ground and surface water quality;
5. 
Alert members of the public, including appraisers, assessors, owners, potential buyers, or lessees, to the development limitations of critical areas and their required buffers;
6. 
Serve as a basis for exercise of the City’s substantive authority under the State Environmental Policy Act (SEPA) and the City’s Environmental Procedures (Chapter 20.30 SMC, Subchapter 8); and comply with the requirements of the Growth Management Act (Chapter 36.70A RCW) and its implementing rules;
7. 
Establish standards and procedures that are intended to protect critical areas while accommodating the rights of property owners to use their property in a reasonable manner; and
8. 
Provide for the management of critical areas to maintain their functions and values and to restore degraded ecosystems.
C. 
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 or 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.
(Ord. 238 Ch. VIII § 1(A), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 641 § 5 (Exh. A), 2012; Ord. 723 § 1 (Exh. A), 2015; Ord. 856 § 3 (Exh. C), 2019; Ord. 1045 § 1 (Exh. A), 2025)
A. 
Unless explicitly exempted, the provisions of this chapter shall apply to all land uses, development activity, and all structures and facilities within the City, whether or not a permit or authorization is required, that are within the maximum buffer distance for each critical area type, even if the critical area is on adjacent property. All persons within the City shall comply with the requirements of this chapter.
B. 
The City shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation or to construct or alter any structure or improvement without first assuring compliance with the requirements of this chapter.
C. 
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.
D. 
The provisions of this chapter shall apply to any forest practices over which the City has jurisdiction pursuant to Chapter 76.09 RCW and WAC Title 222.
(Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
A. 
These critical area regulations shall apply as an overlay in addition to zoning, land use, and other regulations established by the City. In the event of any conflict between these regulations and any other regulations of the City, the regulations which provide greater protection to the critical areas shall apply.
B. 
Areas characterized by particular critical areas may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some critical areas. In the event of any conflict between regulations for particular critical areas in this chapter, the regulations which provide greater protection to critical areas shall apply.
C. 
These critical areas regulations shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA), as necessary and locally adopted. Any conditions required pursuant to this chapter shall be included in the SEPA review and threshold determination.
D. 
Compliance with the provisions of this chapter does not constitute compliance with other Federal, State, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this chapter.
E. 
The Shoreline Master Program, in Chapter 20.240 SMC, shall establish the standards for critical areas within the shoreline jurisdiction. If there are conflicts or unclear distinctions between the Master Program and the City’s critical areas regulations, the most restrictive requirements apply as determined by the City.
(Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
A. 
The approximate location and extent of identified critical areas within the City’s planning area are shown on the critical areas maps adopted as part of this chapter. These maps shall be used for informational purposes as a general guide only for the assistance of property owners and other interested parties. Boundaries and locations indicated on the maps are generalized. Critical areas and their buffers may occur within the City, which have not previously been mapped.
B. 
The critical areas maps and resources cited in the section are to be used as a guide and may be continuously updated as new critical areas are identified. The actual presence or absence, delineation and classification of critical areas shall be identified in the field by a qualified professional, and confirmed by the City. In the event of any conflict between the critical area location or designation shown on the City’s maps and the criteria or standards of this chapter, the criteria and standards shall prevail.
C. 
The approximate location and extent of critical areas are shown on City of Shoreline data layers maintained in the City of Shoreline geographic information system (GIS). The critical areas maps shall be periodically updated by the City and shall reflect any permit activity, results of special studies and reports reviewed and approved by the City, amendments to the Comprehensive Plan Natural Environment Element, and Department-identified errors and corrections. In addition, the following maps and resources providing information on the location and extent of critical areas are hereby adopted by reference as amended:
1. 
Geologic Hazards.
a. 
Washington Department of Ecology coastal zone atlas (for marine bluffs);
b. 
U.S. Geological Survey geologic maps, landslide hazard maps, and seismic hazard maps;
c. 
Washington State Department of Natural Resources seismic hazard maps for Western Washington, including, but not limited to, the Liquefaction Susceptibility and Site Class Maps of Western Washington State by County;
d. 
Washington State Department of Natural Resources slope stability maps;
e. 
Soils maps produced by the U.S. Department of Agriculture, National Resources Conservation Service; and
f. 
Washington State Department of Natural Resources Washington Geologic Information Portal.
2. 
Fish and Wildlife Habitat Conservation Areas.
a. 
Washington Department of Fish and Wildlife Priority Habitat and Species maps;
b. 
Washington State Department of Natural Resources Official Water Type Reference maps;
c. 
Washington State Department of Natural Resources Puget Sound Intertidal Habitat Inventory maps;
d. 
Washington State Department of Natural Resources Shorezone Inventory;
e. 
Washington State Department of Natural Resources Natural Heritage Program mapping data;
f. 
Washington State Department of Health Annual Inventory of Shellfish Harvest Areas;
g. 
Anadromous and resident salmonid distribution maps contained in the Statewide Washington Integrated Fish Distribution Map published by Washington Department of Fish and Wildlife;
h. 
Washington State Department of Natural Resources State Natural Area Preserves and Natural Resource Conservation Area maps; and
i. 
Washington Department of Ecology Coastal Atlas.
3. 
Wetlands.
a. 
City of Shoreline, Basin Characterization Reports and Stream and Wetland Inventory and Assessment, Tetra Tech (May 2004);
b. 
City of Shoreline stormwater basin plans as completed and updated;
c. 
Soils maps produced by the U.S. Department of Agriculture, National Resources Conservation Service; and
d. 
The National Wetlands Inventory, produced by the U.S. Fish and Wildlife Service.
4. 
Flood Hazard Areas.
a. 
Flood hazard areas shall be designated and classified pursuant to the requirements of the floodplain management regulations, Chapter 13.12 SMC.
5. 
Critical Aquifer Recharge Areas.
a. 
At the time of adoption of the updated critical areas regulations, Ordinance 1045, there were no identified critical aquifer recharge areas within the City of Shoreline.
(Formerly 20.80.020. Ord. 238 Ch. VIII § 1(D), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
The best available science is scientific information, obtained through a valid scientific process, that is applicable to the critical area prepared by local, State, or Federal natural resource agencies, a qualified professional, or team of qualified professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925 and RCW 36.70A.172.
A. 
Protect Functions and Values of Critical Areas with Special Consideration to Anadromous Fish. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout, and their habitat, where applicable.
B. 
Characteristics of a Valid Scientific Process. In the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of a local government’s regulatory decisions, and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the Director shall determine whether the source of the information displays the characteristics of a valid scientific process. Such characteristics are as follows:
1. 
Peer Review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer reviewers. Publication in a referenced scientific journal usually indicates that the information has been appropriately peer-reviewed;
2. 
Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer-reviewed to ensure their reliability and validity;
3. 
Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained;
4. 
Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods;
5. 
Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and
6. 
References. The assumptions, analytical techniques, and conclusions are well-referenced with citations to relevant, credible literature, and other pertinent existing information.
C. 
Nonscientific Information. Nonscientific information, such as anecdotal observations, non-expert opinion, and hearsay, may supplement scientific information, but it is not an adequate substitute for valid and available scientific information.
D. 
Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area, leading to uncertainty about the risk to critical area function, for permitting an alteration of or impact to the critical area, the Director shall:
1. 
Take a “precautionary or a no-risk approach,” that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and
2. 
Require application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall:
a. 
Address funding for the research component of the adaptive management program;
b. 
Change course based on the results and interpretation of new information that resolves uncertainties; and
c. 
Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries.
(Formerly 20.80.060. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
To promote consistent application of the standards and requirements of this chapter, critical areas within the City shall be rated or classified according to their characteristics, function and value, and/or their sensitivity to disturbance. Classification of critical areas shall be determined by the City using the following tools:
A. 
Application of the criteria contained in these regulations;
B. 
Consideration of the critical area reports submitted by qualified professionals in connection with applications subject to these regulations; and
C. 
Review of maps adopted pursuant to this chapter.
(Formerly 20.80.070. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
The establishment of buffer areas shall be required for all development proposals and activities in or adjacent to critical areas. In all cases the standard buffer shall apply unless the Director determines that additional buffer width is necessary or reduced buffer is sufficient to protect the functions and values consistent with the provisions of this chapter and the recommendations of a qualified professional. The purpose of the buffer shall be to protect the integrity, function, value and resource of the subject critical area, and/or to protect life, property and resources from risks associated with development on unstable or critical lands and consists of an undisturbed area of native vegetation. Buffers shall be protected during construction by placement of a temporary barricade if determined necessary by the City, on-site notice for construction crews of the presence of the critical area, and implementation of appropriate erosion and sedimentation controls. Restrictive covenants or conservation easements may be required to preserve and protect buffer areas.
(Formerly 20.80.090. Ord. 238 Ch. VIII § 2(C), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
A. 
A preapplication meeting, pursuant to SMC § 20.30.080, is encouraged but not required prior to submitting an application for development or use of land or prior to starting a development activity or use of the land that may impact critical areas or buffers.
B. 
A determination may be provided through the preapplication meeting regarding whether critical area reports are required, and if so what level of detail and what elements may be necessary for the proposed project. An applicant may submit a critical area delineation and classification study prior to the City determining that a full critical area report is required.
This determination does not preclude the Director from requiring additional critical area report information during the review of the project. After a site visit and review of available information for the preapplication meeting, the Director may determine:
1. 
No Critical Areas Present. If the Director’s analysis indicates that the project area is not within or adjacent to a critical area or buffer and that the proposed activity is unlikely to degrade the functions or values of a critical area, then the Director shall determine that the critical area review is complete and note in the preapplication meeting summary letter the reasons that no further review is required.
2. 
Critical Areas Present, But No Impact. If the Director determines that there are critical areas within or adjacent to the project area, but that the best available science shows that the proposed activity is unlikely to degrade the functions or values of the critical area, the Director may waive the requirement for a critical area report. A waiver may be granted if there is substantial evidence that all of the following requirements will be met:
a. 
There will be no alteration of the critical area or buffer;
b. 
The development proposal will not impact the critical area in a manner contrary to the purpose, intent, and requirements of this chapter; and
c. 
The proposal is consistent with other applicable regulations and standards.
A summary of this analysis and the findings shall be included in the preapplication meeting summary letter and any staff report or decision on the underlying permit.
3. 
Critical Areas May Be Affected by Proposal. If the Director determines that a critical area or areas may be affected by the proposal, then the Director shall notify the applicant that a critical area report(s) must be submitted prior to further review of the project, and indicate each of the critical area types that should be addressed in the report.
(Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1045 § 1 (Exh. A), 2025)
A critical area notice to title is required, as a condition of permit issuance or project approval, when a permit or development application is submitted for development on any property containing a critical area or buffer. The purpose is to inform subsequent purchasers of real property of the existence of critical areas. This requirement can be met through recording of a notice to title prepared by the City, establishment of a critical area tract, or recording of native growth protection area easement consistent with the following provisions:
A. 
Notice to Title. A notice to title is required when a permit is required for development on any property containing a critical area or buffer. The notice to title applicable to the property shall be approved by the Director and City Attorney for compliance with this provision and be filed by the property owner, at their expense, with the King County Recorder’s Office. The title holder will have the right to challenge this notice and to have it extinguished if the critical area designation no longer applies. However, the titleholder shall be responsible for completing a critical area report, subject to approval by the Director, before the notice on title can be extinguished. The notice shall state that critical areas or buffers have been identified on the property and that limitations on actions in or affecting the critical area or buffer may exist. The notice shall run with the land.
B. 
Critical Area Tract. Subdivisions, short subdivisions, and binding site plans shall establish a separate critical areas tract as a permanent protective measure for wetlands, fish and wildlife habitat conservation areas, and landslide hazard areas and their buffers. The plat or binding site plan for the project shall clearly depict the critical areas tract, and shall include all of the subject critical area, any required buffer, and any additional lands included voluntarily by the developer. Restrictions to development within the critical area tract shall be clearly noted on the plat or plan. Restrictions shall be consistent with this chapter for the entire critical area tract.
C. 
Native Growth Protection Area. Unless otherwise required in this chapter, native growth protection area (NGPA) easements shall be recorded on title for all affected parcels prior to approval of a development agreement, issuance of a master development plan permit, or issuance of a site development or building permit, when two or more dwelling units and/or nonresidential development are proposed on one parcel, to delineate and protect those contiguous wetlands, fish and wildlife habitat conservation, and landslide hazard critical areas and their buffers. The easement to be recorded shall clearly depict the critical area and the limits of the NGPA easement and shall include all of the subject critical area(s) and any required buffer(s). Restrictions to development within the NGPA easement shall be clearly noted in the easement and shall include the following:
1. 
That native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, limiting chemical applications of hazardous substances (pesticides, herbicides, fertilizers), maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and
2. 
The right of the City to enforce the terms of the restriction.
D. 
Modifications and Waivers. Where the standards in this chapter allow for development within the identified critical areas, the Director may modify the language or dimensions of the required critical area tract or native growth protection area easement for consistency with the extent of the development to be permitted.
E. 
Proof of Notice. The applicant shall submit proof that the notice has been recorded on title before the City approves any development permit, including master development plan permits, for the property or, in the case of subdivisions, short subdivisions, binding site plans, or development agreements, at or before recording.
(Formerly 20.80.100. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
A. 
Temporary Fencing. The outer perimeter of the critical area or buffer and the clearing limits identified by an approved permit or authorization shall be marked in the field with temporary “clearing limits” fencing in such a way as to ensure that no unauthorized intrusion will occur. The fencing is subject to inspection by the Director prior to the commencement of permitted activities during the preconstruction meeting required under SMC § 20.50.330(E). This temporary fencing shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.
B. 
Permanent Fencing. Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts. Permanent fencing shall be required at the outer edge of a critical area or buffer under the following circumstances; provided, that the Director may waive this requirement:
1. 
As part of any development proposal for subdivisions, short plats, multifamily, mixed use, and commercial development where the Director determines that such fencing is necessary to protect the functions and values of or reduce hazards from the critical area; provided that breaks in permanent fencing may be allowed for access to allowed uses;
2. 
As part of development proposals for parks where the adjacent proposed use is active recreation and the Director determines that such fencing is necessary to protect the functions of the critical area;
3. 
When averaging or reductions to wetland buffers or riparian management zones are part of a development proposal;
4. 
At the Director’s discretion to protect the values and functions of or reduce hazards from a critical area as demonstrated in a critical area report. If found to be necessary, the Director shall condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the critical area or buffer, when fencing will prevent future impacts to the critical area or buffer or reduce hazards from the critical area;
5. 
The applicant shall be required to install a permanent fence around the critical area buffer or riparian management zone when domestic grazing animals, only as allowed under SMC § 20.40.240, are present or may be introduced on site.
C. 
Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the Director may require the applicant to install permanent signs along the boundary of a critical area or buffer, when recommended in a critical area report or otherwise required by the provisions of this chapter.
1. 
Signs shall be required for critical areas tracts, easements and dedications, provided the Director may waive this requirement.
2. 
Permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, or with alternative spacing approved by the Director and must be maintained by the property owner in perpetuity.
3. 
The sign shall include the following text, or with alternative text approved by the Director:
City of Shoreline Designated Critical Area. Activities, including clearing and grading, removal of vegetation, pruning, cutting of trees or shrubs, planting of nonnative species, and other alterations may be prohibited. Help protect and care for this area. Please contact the City of Shoreline with questions or concerns.
(Formerly 20.80.110. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
Bonds, and other financial guarantees, and associated performance agreements or maintenance/defect/monitoring agreements shall be required for projects with required mitigation or restoration of impacts to critical areas or critical area buffers; provided, the Director may waive or modify these requirements. Financial guarantees and agreements shall be consistent with the following:
A. 
A performance agreement and acceptable financial guarantee are required when mitigation pursuant to a development proposal is not completed prior to final permit approval, such as final plat approval or final building inspection. The amount of the performance bond(s) shall equal 125 percent of the cost of the mitigation project.
B. 
A performance agreement and acceptable financial guarantee are required from the applicant when restoration is required for remediation of a critical area violation under SMC § 20.80.090. The amount of the financial guarantee shall equal 125 percent of the cost of the mitigation project.
C. 
A maintenance/defect/monitoring agreement and acceptable financial guarantee are required to ensure the applicant’s compliance with the conditions of the approved mitigation plan pursuant to a development proposal or restoration plan for remediation of a violation. The amount of the maintenance bond(s) shall equal 25 percent of the cost of the mitigation project in addition to the cost for monitoring for a minimum of five years. The monitoring portion of the financial guarantee may be reduced in proportion to work successfully completed over the period of the bond. The bonding period shall coincide with the monitoring period.
(Formerly 20.80.120. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
A. 
Report Required. If uses, activities, or developments are proposed within, adjacent to, or are likely to impact critical areas or their buffers, an applicant shall provide site-specific information and analysis in the form of critical area report(s) as required in this chapter. Critical area reports are required in order to identify the presence, extent, and classification/rating of potential critical areas, as well as to analyze, assess, and mitigate the potential adverse impact to or risk from critical areas for a development project. Critical area reports shall use standards for best available science in SMC § 20.80.030. Critical area reports for two or more types of critical areas must meet the report requirements for each type of critical area. The expense of preparing the critical area report(s) shall be borne by the applicant. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100.
B. 
Preparation by Qualified Professional. Critical area report(s) shall be prepared, signed, and stamped (if applicable), by qualified professional(s) as defined in SMC § 20.20.042, with the required training and experience specific to the type(s) of critical area(s) present consistent with the requirements of SMC §§ 20.80.225, 20.80.325, and 20.80.425.
C. 
Third Party Review of Critical Area Reports. Review of required critical area reports by a qualified professional under contract with or employed by the City will be required by the Director at the applicant’s expense when the Director determines such services are necessary to demonstrate compliance with the standards and guidelines of this chapter.
D. 
Minimum Report Contents. At a minimum, critical area reports shall contain the following:
1. 
The name and contact information of the applicant;
2. 
Proposal description, address and parcel number(s) with a vicinity map;
3. 
The names and qualifications of the qualified professional(s) preparing the report. Proof of licensing, credentials, and/or resume of the qualified professional(s) preparing the report must be attached to the report for review by the City to determine if the minimum qualifications in SMC § 20.20.042 are met;
4. 
Identification and assessment of any temporary or permanent impacts to critical area(s) or buffers including square footage or acreage estimates of impacted areas;
5. 
A schedule of anticipated timing of work and recommendations for timing of work that minimizes potential impacts or hazards;
6. 
Documentation of any fieldwork performed on the site related to delineating, typing, classifying or rating a critical area including dates of fieldwork and names of professionals conducting the fieldwork for the specific critical area;
7. 
Identification and characterization of all critical areas and buffers on the subject property, and any off-site critical areas and buffers within 300 feet of the subject property;
8. 
A scaled copy of the site plan for the development proposal meeting the standards set by the Director;
9. 
A stormwater pollution prevention plan in compliance with the requirements of Chapter 13.10 SMC shall either be included in the critical area report or be referenced if it is prepared separately;
10. 
A statement specifying the accuracy of the report and all assumptions made and relied upon;
11. 
A description of the methodologies used to conduct the critical areas investigation, including references;
12. 
A description of reasonable efforts made to apply mitigation sequencing pursuant to SMC § 20.80.095; and
13. 
Plans for mitigation required to compensate for any critical areas impacts, in accordance with SMC § 20.80.100, Mitigation plan requirements.
E. 
Existing Reports. Unless otherwise provided, a critical areas report may incorporate, be supplemented by, or composed of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the Director. At the discretion of the Director, reports previously compiled or submitted as part of a proposal for development may be used as a critical areas report to the extent that the requirements of this section and the report requirements for each specific critical area type are met. Critical areas reports shall be considered valid for five years; after such date the City shall determine whether a revision or additional assessment is necessary. Supplemental critical area report(s) may be required to provide information and analysis to address changes to the project scope and potential impacts or to changes to applicable regulations that have been made subsequent to existing, valid critical area reports.
F. 
Modifications to Report Requirements.
1. 
Limitations to Study Area. The Director may limit the required geographic area of the critical areas report as appropriate if:
a. 
The applicant, with assistance from the City of Shoreline, cannot obtain permission to access properties adjacent to the project area, in which case the applicant may rely on estimated conditions using the best information available; or
b. 
The proposed activity will affect only a limited part of the subject site; or
c. 
Additional limitations deemed appropriate by the Director.
2. 
Modifications to Required Contents. The applicant may consult with the Director to obtain approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation.
3. 
Additional Information Requirements. The Director may require additional information to be included in the critical areas report when determined to be necessary to the review of the proposed activity in accordance with this chapter. Additional information that may be required includes, but is not limited to:
a. 
Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site;
b. 
A request for consultation with the Washington Department of Fish and Wildlife (DFW), Washington Department of Ecology (Ecology), local Native American Indian tribes, or other appropriate agency;
c. 
Copies of the joint aquatic resource permit application (JARPA) and related approvals, such as a hydraulic project approval (HPA) from the DFW, when applicable to the project;
d. 
Detailed surface and subsurface hydrologic features both on and adjacent to the site; and
e. 
Where impacts are proposed, mitigation plans consistent with the requirements of SMC § 20.80.100 and the mitigation performance standards of the applicable critical area.
(Formerly 20.80.080. Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
A. 
In general, critical areas and their buffers shall be maintained in their existing state including undisturbed, native vegetation to maintain the functions, values, resources, and public health and safety for which they are protected or allowed as the current, developed legally established condition such as graded areas, structures, pavement, gardens and lawns.
B. 
Alteration of critical areas, including their established buffers, may only be permitted subject to the criteria and standards in this chapter, and compliance with any Federal and/or State permits required.
C. 
Unless otherwise provided in this chapter, if alteration of the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical areas report, so as to result in no overall net loss of critical area functions and values and no increased risk of hazards.
D. 
The Director shall condition approval of alterations, including exempt or allowed activities within critical areas or buffers as necessary to minimize or mitigate any potential adverse impacts. Conditions shall be based on the best available science and may include, but are not limited to:
1. 
Preservation of vegetation and/or habitat features;
2. 
Limitations on access, including temporary and/or permanent fencing; and
3. 
Seasonal restriction of construction activities.
(Formerly 20.80.050. Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
Notwithstanding the exemptions provided by this section, any otherwise exempt activities occurring in or near a critical area or critical area buffer should meet the purpose and intent of SMC § 20.80.010 and should consider on-site alternatives that avoid or minimize impacts. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Exempt activities shall result in no net loss of critical areas functions and values or increase in hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense. The following activities shall be exempt from the provisions of this chapter, but are not exempt from applicable permits:
A. 
Emergencies. Alterations in response to emergencies which threaten the public health, safety and welfare or which pose an imminent risk of damage to private property:
1. 
Alterations shall be reported to the City no later than 30 days after the alteration;
2. 
Only the minimum intervention necessary to reduce the risk to public health, safety, or welfare and/or the imminent risk of damage to private property shall be authorized by this exemption;
3. 
The City may require a permit be obtained after the fact and require the critical area and buffer be restored consistent with a critical area report and mitigation plan;
4. 
If the Director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions of SMC § 20.80.090, Unauthorized critical area alterations, shall apply.
B. 
Utilities. For the purposes of this exemption utilities includes all public and private structures and conveyance systems and their associated facilities including, but not limited to: service lines, pipes, mains, pumps, poles, equipment and appurtenances – both above and below ground. Activities must be undertaken pursuant to City-approved best management practices, and best available science regarding protection of critical areas. Measures to avoid and minimize impacts shall be documented. Revegetation of disturbed areas is required to be native vegetation, unless the existing, nonnative vegetation is reestablished with no change to type or extent. Exempt utilities work includes:
1. 
Normal and routine operation, maintenance, replacement, and repair of existing utilities. This provision does not include expansion of existing utilities;
2. 
Relocation of existing utilities only when required by the City, which approves the new location of the facilities. This provision does not include electrical substations;
3. 
Installation, expansion, or construction of new utilities within existing improved rights-of-way, existing legally improved private roadways, or utility corridors. This provision does not include electrical substations.
C. 
Roadways and Driveways. Maintenance, operation, repair, modification, or replacement of publicly improved roadways or City-authorized private roadways, driveways, and associated stormwater drainage systems; as long as any such alteration does not involve the expansion of roadways or related improvements into previously unimproved rights-of-way, portions of rights-of-way, or private property and does not alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater. Retention and replanting of native vegetation shall occur wherever possible along the right-of-way improvement and resulting disturbance;
D. 
Recreation Facilities.
1. 
Maintenance, operation, repair, modification, or replacement of existing recreation facilities as long as any such activity does not involve the expansion of facilities and existing improvements into a previously unimproved portion of critical areas or required buffers. Retention and replanting of native vegetation shall occur wherever possible in areas of land disturbance.
2. 
Construction of new passive recreation facilities including but not limited to nonmotorized walkways and trails, footbridges, wildlife viewing structures or platforms, benches, informational or educational signs, and other similar facilities meeting the following requirements:
a. 
Walkways, trails and footbridges shall be no more than five feet in width and are limited to the least impactful pervious surfaces, with preference for natural materials. Raised boardwalks utilizing nontreated pilings may be acceptable;
b. 
Placement of any facilities shall be located to retain significant trees;
c. 
Informational signs or educational demonstration facilities are limited to no more than one square yard of surface area and four feet in height;
d. 
An on-site area equal in size to the disturbed area shall be vegetated with site-appropriate native plantings at natural densities;
e. 
New facilities shall be located only in the outer 25 percent of the buffer or riparian management zone; and
f. 
New passive recreation facilities that do not meet the above criteria shall be allowed without a critical areas reasonable use or special use permit but shall require submittal of a critical areas report and mitigation plan.
E. 
Minor Conservation and Enhancement. Minor conservation and enhancement of critical areas and buffers not associated with mitigation that does not alter the location, nor reduce the dimensions or size of the critical area or buffer, and results in improvement of the critical area functions and values consistent with the following:
1. 
Eligible activities include:
a. 
Removal of noxious weeds or invasive vegetation as identified by the Washington State or King County Noxious Weed Control Board;
b. 
The planting of native plants;
c. 
Ongoing vegetation management consistent with a previously approved critical area mitigation, restoration, remediation, or enhancement plan.
d. 
Other conservation and enhancement activities as approved by the Director.
2. 
The area of work is not in a very high risk landslide hazard area, unless it is within the inner critical root zone of a tree;
3. 
All work is performed above the ordinary high-water mark and above the top of a stream bank;
4. 
Work shall be undertaken with hand labor, including handheld mechanical tools:
a. 
When prescribed by the King County Noxious Weed Control Board, the use of riding mowers, light mechanical cultivating equipment, herbicides, or biological control methods may be allowed only with permit and approval by the City on private property or when performed in accordance with SMC § 20.80.085, Pesticides, herbicides and fertilizers on City-owned property.
5. 
Plants that appear on the Washington State or King County Noxious Weed Control Board lists must be handled and disposed of in accordance with the best management practices appropriate to that species and approved by the City when permit review is applicable;
6. 
Replanting with site-appropriate native species at natural densities shall take place immediately following any removal activities;
7. 
For projects on private property that will clear greater than 500 square feet of a critical area or buffer in a calendar year, the following must be submitted to the city for review as part of a clearing and grading permit:
a. 
A planting plan including:
i. 
The area of work;
ii. 
Method of removal of existing vegetation;
iii. 
A detailed native planting plan with a plant list and planting density;
iv. 
A schedule for commencement and completion of the project.
b. 
A stormwater pollution prevention plan.
F. 
Active Hazard Trees. Removal of active or imminent hazardous trees in accordance with SMC § 20.50.310(A)(1);
G. 
Nonimminent Hazard Trees. Removal of not active or imminent hazardous trees in accordance with the following:
1. 
For hazardous circumstances that are not active or imminent, such as suspected tree rot or diseased trees or less obvious structural wind damage to limbs or trunks, a permit exemption request form must be submitted by the property owner together with a tree evaluation form prepared by a qualified professional arborist as defined in SMC § 20.20.042. Both the permit exemption request form and tree evaluation form shall be provided by the Director;
2. 
The permit exemption request form shall include a grant of permission for the Director and/or qualified professionals under contract with or employed by the City to enter the subject property to evaluate the circumstances. Attached to the permit exemption request form shall be a risk assessment form that documents the hazard and which must be signed by a certified arborist or professional forester;
3. 
No permit exemption request shall be approved until the Director reviews the submitted forms and conducts a site visit. The Director may require third party review of the request be performed by a qualified professional under contract with or employed by the City at the applicant’s expense, and may require that the subject tree(s) and vegetation be cordoned off with yellow warning tape during the review of the request for exemption;
4. 
Approval to cut or clear trees may only be given upon recommendation of the qualified professional arborist that the condition constitutes an actual threat to life or property in homes, private yards, buildings, public or private streets and driveways, sidewalks, improved utility corridors, or access for emergency vehicles, and any trail, as proposed by the property owner and approved by the Director for purposes of this section;
5. 
The Director shall authorize only such alteration to existing trees and vegetation as may be necessary to eliminate the hazard and shall condition authorization on means and methods of removal necessary to minimize environmental impacts, including replacement of any significant trees. The arborist shall include an assessment of whether a portion of the tree suitable for a snag for wildlife habitat may safely be retained. All work shall be done utilizing handheld implements only, unless the property owner requests and the Director approves otherwise in writing. The Director may require that all or a portion of cut materials be left on site;
6. 
The removed trees shall be replaced within one year consistent with the provisions of SMC § 20.50.360. Where nonsignificant trees are approved for removal as hazardous, replacement shall be one tree for each tree removed. Replacement tree(s) shall be planted at a different, nearby location on the same property if it can be determined that the planting in the same location would create a new hazard or potentially damage the critical area; and
7. 
If a tree to be removed provides priority habitat, such as an eagle perch or occupied nest, a qualified professional shall be consulted, at the applicant’s expense, to determine timing and methods of removal that will minimize and mitigate impacts;
H. 
Site Investigation. Site investigative work and studies necessary for preparing land use or permit applications, including soils tests, water quality studies, wildlife studies and similar tests and investigations; provided, that any disturbance of the critical area shall be the minimum necessary to carry out the work or studies;
I. 
Passive Outdoor Activities. Educational activities, scientific research, and outdoor recreational activities, including but not limited to interpretive field trips, bird watching, public beach access including water recreation-related activities, bicycling and hiking;
J. 
Existing Landscaping. Normal and routine maintenance and operation of existing landscaping, lawns, and gardens including mowing, weeding, planting and pruning of protected trees consistent with SMC § 20.50.350(E); provided, that such activities do not expand any further into critical areas or buffers;
K. 
Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary; 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;
L. 
Minor Activities. Minor activities not mentioned above and determined by the City to have minimal impacts to a critical area;
M. 
Foraging. 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, chemical applications, or alteration of the fish and wildlife habitat conservation area by changing existing topography, water conditions, or water sources.
(Formerly 20.80.030. Ord. 238 Ch. VIII § 1(G), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 640 § 1 (Exh. A), 2012; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
A. 
Critical Area Report. Activities allowed under this section shall have been reviewed and permitted or approved by the City and any other agency with jurisdiction, but do not require submittal of a separate critical area report, unless such submittal was required previously for the underlying permit. The Director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this chapter to protect critical areas.
B. 
Best Management Practices. All allowed activities shall avoid impacts to critical areas. Where impacts cannot be avoided, allowed activities shall be conducted using the best management practices that result in no net loss of ecological functions or increase in hazards from the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The City shall require the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party’s expense.
C. 
Allowed Activities. The following activities are allowed:
1. 
Modifications to Existing Structures Within Critical Areas. Modification of, addition to, maintenance, repair, or replacement of legally nonconforming structures consistent with SMC § 20.30.280, which do not meet the building setback or buffer requirements for critical areas if the modification, addition, replacement or related activity does not increase the impact to a critical area or buffer or increase the existing area of hardscape lying within the critical area or buffer.
a. 
Within landslide hazard areas additions that add height to a nonconforming structure may only be allowed with review of a critical area report demonstrating that no increased risk of the hazard will occur.
b. 
If such modification, alteration, repair, or replacement requires encroachment into a critical area or a critical area buffer to perform the work, then encroachment may be allowed subject to restoration of the area of encroachment to achieve no loss of ecological functions.
2. 
Demolition. Demolition of structures located within critical areas or their buffers, excluding demolition of structures necessary to support or stabilize landslide hazard areas. Unless associated development is proposed with the demolition, the demolition site shall either be seeded with appropriate native seed mix or planted with site-appropriate native species at natural densities to deter invasive species encroachment.
(Formerly 20.80.040. Ord. 238 Ch. VIII § 1(H), 2000; Ord. 324 § 1, 2003; Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 789 § 1 (Exh. A), 2018; Ord. 1045 § 1 (Exh. A), 2025)
Pesticides, herbicides and fertilizers which have been identified by State or Federal agencies as harmful to humans, wildlife, or fish shall not be used in a City-owned riparian corridor, shoreline habitat or its buffer, wetland or its buffer, except as allowed by the Director for the following circumstances:
A. 
When the Director determines that an emergency situation exists where there is a serious threat to public safety, health, or the environment, and that an otherwise prohibited application must be used as a last resort.
B. 
Compost or fertilizer may be used for native plant revegetation projects in any location.
C. 
Limited pesticide and herbicide use may be applied pursuant to the King County Noxious Weed Control Board best management practices, specific to the species needing control, when that is determined to be the best method of control for the location. Federal, State, and local regulations of pesticides and water quality must be followed, including requirements for pesticide applicator licensing from the Washington State Department of Agriculture.
(Ord. 398 § 1, 2006; Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
A. 
When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The City shall have the authority to issue a stop work order to cease all development, and order restoration measures at the owner’s or other responsible party’s expense to remediate the impacts of the violation of the provisions of this chapter.
B. 
Requirements for Restoration Plan. All development shall remain stopped until a restoration plan is prepared by the responsible party and an approved permit is issued by the City. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection C of this section. The Director may, at the responsible party’s expense, seek expert advice, including but not limited to third party review by a qualified professional under contract with or employed by the City, in determining if the plan meets the minimum performance standards for restoration. Submittal, review, and approval of required restoration plans for remediation of violations of this chapter, Critical Areas, shall be completed through a site development permit application process.
C. 
Minimum Performance Standards for Restoration.
1. 
For alterations to aquifer recharge areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:
a. 
The pre-violation function and values of the affected critical areas and buffers shall be restored, including water quality and habitat functions;
b. 
The pre-violation soil types and configuration shall be replicated;
c. 
The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically, or pre-violation, found on the site in species types, sizes, and densities. The pre-violation functions and values should be replicated at the location of the alteration; and
d. 
Information demonstrating compliance with the requirements in SMC § 20.80.100, Mitigation plan requirements, and the applicable mitigation sections for the affected type(s) of critical area(s) and their buffer(s) shall be submitted to the Director with a complete site development permit application.
2. 
For alterations to flood hazard and geologic hazard areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified:
a. 
The hazard shall be reduced to a level equal to, or less than, the pre-violation hazard;
b. 
Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and
c. 
The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.
D. 
Site Investigation. The Director is authorized to take such actions as are necessary to enforce this chapter. The Director shall present proper credentials and obtain permission before entering onto private property.
E. 
Penalties. Any responsible party violating any of the provisions of this chapter may be subject to any applicable penalties per SMC § 20.30.770 plus a per tree penalty in the amount of $3,000 per nonsignificant tree and $9,000 per significant tree, for trees removed from a critical area or critical area buffer in violation of the provisions of this chapter.
(Formerly 20.80.130. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
This section applies to mitigation required with all critical areas reviews, approvals, and enforcement pursuant to this chapter. This section is supplemented with specific measures under subchapters for particular critical areas. Mitigation for specific development proposals may include a combination of the measures below and shall be designed and constructed in accordance with the provisions of this section. Mitigation shall be sufficient to maintain or compensate for the impacted functions and values of the critical area and to prevent risk from a hazard posed by a critical area. Mitigation shall not be implemented until after the Director has provided approval. No activity or use shall be allowed that results in a net loss of the functions or values of critical areas.
A. 
Mitigation Sequencing. Applicants must first demonstrate an inability to avoid or reduce impacts before the use of actions to mitigate potential impacts will be allowed. Before impacting any critical areas, an applicant shall demonstrate that the following actions have been taken in the following sequential order:
1. 
Avoiding the impact altogether by not taking a certain action or parts of actions including assessment of alternative project design and/or location;
2. 
Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;
3. 
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment or by restoring or stabilizing the hazard area through natural, engineering, or other methods;
4. 
Reducing or eliminating the impact over time through preservation and maintenance operations during the life of the action;
5. 
Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or
6. 
Monitoring, measuring and reporting the impact to the Director and taking appropriate corrective measures.
B. 
Type, Location, and Timing of Mitigation. Unless it is demonstrated that a higher level of ecological functioning or greater reduction of hazard risk would result from an alternative approach or as otherwise allowed in this chapter, mitigation for adverse impacts shall be based on best available science and shall be in-kind, on-site, and prior to the activities that will disturb the critical area. Mitigation measures that cannot be implemented prior to the critical area impacts shall be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.
1. 
The Director may authorize a one-time temporary delay in completing construction or installation of the mitigation when the applicant provides a written explanation from a qualified professional as to the rationale for the delay. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, or general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the compensatory mitigation plan. The justification must be verified and approved by the City.
(Formerly 20.80.053. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
When mitigation is required, the applicant shall submit for approval by the City a mitigation plan as part of the critical area report. Mitigation plans must meet the minimum requirements of this section and the applicable mitigation performance standards and requirements for the impacted type(s) of critical area(s) and buffer(s), including but not limited to SMC §§ 20.80.235, 20.80.335, and 20.80.435.
A. 
Preparation by Qualified Professional. Mitigation plan(s) shall be prepared by qualified professional(s) as defined in SMC § 20.20.042, with the required training and experience specific to the type(s) of critical area(s) present consistent with the requirements of SMC §§ 20.80.225, 20.80.325, and 20.80.425.
B. 
Third Party Review of Mitigation Plans. Review of required mitigation plans by a qualified professional under contract with or employed by the City will be required when deemed necessary by the Director.
C. 
Minimum Mitigation Plan Contents. Utilizing best available science, the mitigation plan shall include written specifications and descriptions of the mitigation proposed. The written report shall include:
1. 
Identification of the existing critical areas and buffers functions and/or hazards;
2. 
A description of the anticipated impacts to the critical areas;
3. 
The proposed schedule of mitigation sequence, timing, and duration;
4. 
A description of the mitigating actions proposed;
5. 
A scaled copy of the site plan for the proposal meeting the standards set by the Director;
6. 
The purposes of the mitigation measures, including the site selection criteria, and environmental goals and objectives of the mitigation measures related to the functions and values and/or hazards of the impacted critical area;
7. 
Measurable, specific performance standards for evaluating whether or not the goals of the mitigation project have been attained and the requirements of this chapter have been met; and
8. 
Cost estimates of labor and materials necessary for the mitigation that will be used by the City to calculate the amounts of financial guarantees to ensure the mitigation plan is fully implemented.
D. 
Monitoring Program and Contingency Plan. A monitoring program, including a monitoring schedule and measurable success criteria, shall be included in the mitigation plan and implemented by the applicant to determine the success of the mitigation project and any necessary corrective actions. This program shall determine if the original goals and objectives of the mitigation plan are being met.
1. 
Monitoring reports shall be submitted, consistent with subsection F of this section, to the City on the schedule identified in the monitoring plan, but not less than every other year.
2. 
Monitoring programs shall be established for a period necessary to establish that performance standards have been met, but not for less than a minimum of five years without approval from the Director.
3. 
Vegetative success shall, at a minimum, equal 80 percent survival of planted trees and shrubs and 80 percent cover of desirable understory or emergent plant species at the end of the required monitoring period. Alternative standards for vegetative success may be allowed if recommended by a qualified professional.
4. 
A contingency plan shall be established if the mitigation project is inadequate or fails. Contingency plans include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. Corrective measures will be required by the City when the qualified professional indicates, in a monitoring report, that the contingency actions are needed to ensure project success by the end of the monitoring period.
5. 
If the mitigation goals are not obtained within the initial monitoring period, the applicant remains responsible for restoration of the impacted values and functions or hazard risk reduction until the mitigation goals agreed to in the mitigation plan are achieved.
E. 
As-Built Report and Plans. An as-built report and accompanying plans, prepared and signed by the applicant’s qualified professional and meeting the standards set by the Director, is required to be submitted and approved prior to final inspection.
F. 
Monitoring Reports. Monitoring reports, prepared by a qualified professional, shall be submitted to the City consistent with the approved monitoring plan. Prior to permit issuance the applicant shall pay the cost of a critical areas monitoring inspection fee which covers the review of monitoring reports and critical area monitoring inspections by the City, or a qualified professional retained by the City. Monitoring reports shall, at a minimum, include:
1. 
Monitoring visit observations, documentation, and analysis of monitoring data collected including wildlife, vegetation, water quality, water flow, stormwater storage and conveyance, and existing or potential degradation, as applicable;
2. 
Photos from photo points;
3. 
Determination whether performance standards are being met; and
4. 
Maintenance and/or contingency action recommendations to ensure success of the project at the end of the monitoring period.
(Formerly 20.80.082. Ord. 723 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)