(1) 
Notwithstanding the provisions of this chapter or any other laws to the contrary, the planning director may issue a temporary emergency wetlands permit if:
(a) 
The planning director determines that an unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted; and
(b) 
The anticipated threat or loss may occur before a permit can be issued or modified under the procedures otherwise required by this act and other applicable laws.
(2) 
Any emergency permit granted shall incorporate, to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for nonemergency activities under this act and shall:
(a) 
Be limited in duration to the time required to complete the authorized emergency activity, not to exceed 90 days; and
(b) 
Require within this 90-day period, the restoration of any wetland altered as a result of the emergency activity, except that if more than the 90 days from the issuance of the emergency permit is required to complete restoration, the emergency permit may be extended to complete this restoration.
(3) 
Issuance of an emergency permit by the planning director does not preclude the necessity to obtain necessary approvals from appropriate federal and state authorities.
(4) 
Notice of the issuance of the emergency permit and request for public comments shall be published at least once a week on the same day of the week for two consecutive weeks in a newspaper having a general circulation in the city of Forks, no later than 10 days after issuance of the emergency permit.
(5) 
The emergency permit may be terminated at any time without process upon a determination by the planning director that the action was not or is no longer necessary to protect human health or the environment.
(Ord. 341 § 8.1, 1992)
The planning director shall have authority to enforce this chapter, any rule or regulation adopted, and any permit or order issued pursuant to this chapter against any violation or threatened violation thereof. The planning director is authorized to issue violation notices and administrative orders, levy fines, and/or institute legal actions in court. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation of this chapter, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this chapter, shall be a separate offense, and, in the case of a continuing violation, each day’s continuance shall be deemed to be a separate and distinct offense. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator. Enforcement actions shall include:
(1) 
Civil Penalties, Administrative Orders and Actions for Damages and Restoration.
(a) 
The planning director may bring appropriate actions at law or equity, including actions for injunctive relief, to ensure that no uses are made of a regulated wetland or their buffers which are inconsistent with this chapter or an applicable wetlands protection program.
(b) 
The planning director may serve upon a person a cease and desist order if an activity being undertaken on regulated wetlands or its buffer is in violation of the act, these rules, or a local wetlands protection program. Whenever any person violates this chapter or any permit issued to implement this chapter, the city of Forks may issue an order reasonably appropriate to cease such violation and to mitigate any environmental damage resulting therefrom.
(i) 
Content of Order. The order shall set forth and contain:
(A) 
A description of the specific nature, extent, and time of violation and the damage or potential damage.
(B) 
A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific correction action to be taken within a given time. A civil penalty may be issued with the order.
(C) 
Effective Date. The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.
(D) 
Compliance. Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to, the issuance of a civil penalty.
(c) 
Any person who undertakes any activity within a regulated wetland or its buffer without first obtaining a permit required by this chapter, except as allowed in FMC § 14.15.090, or any person who violates one or more conditions of any permit required by this chapter or of any order issued pursuant to subsection (1)(b) of this section, shall incur a penalty allowed per violation. In the case of a continuing violation, each permit violation and each day of activity without a required permit shall be a separate and distinct violation. The penalty amount shall be set in consideration of the previous history of the violator and the severity of the environmental impact of the violation. The penalty provided in this subsection shall be appealable to the superior court with the subject jurisdiction.
(d) 
Aiding or Abetting. Any person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have committed a violation for the purposes of the penalty.
(e) 
Notice of Penalty. Civil penalties imposed under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the Department of Ecology and/or the city of Forks, or from both jointly. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary correction action within a specified time.
(f) 
Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within 30 days of receipt of the penalty to the planning director for remission or mitigation of such penalty. Upon receipt of the application, the planning director may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty.
(g) 
Orders and penalties issued pursuant to this subsection may be appealable as provided for in FMC § 14.15.200.
(h) 
Criminal penalties shall be imposed on any person who wilfully or negligently violates this chapter or who knowingly makes a false statement, representation, or certification in any application, record or other document filed or required to be maintained under this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, record or methodology required to be maintained pursuant to this chapter or pursuant to a wetland permit.
(2) 
Restoration or Mitigation Required. When a wetland or its buffer has been altered in violation of this title, all ongoing development work shall stop and the critical area shall be restored, or mitigation shall be required. The planning director shall have the authority to issue a “stop-work” order to cease all ongoing development work and order restoration, rehabilitation, mitigation, or replacement measures at the owner’s or other responsible party’s expense to compensate for violation of provisions of this title.
(a) 
Requirement for Restoration Plan. All development work shall remain stopped until a restoration or mitigation plan is prepared and approved by the city. Such a plan shall be prepared by a qualified professional using the currently accepted scientific principles and shall describe how the actions proposed meet the minimum requirements described in subsection (3) of this section. The planning director shall, at the violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.
(b) 
Minimum Performance Standards for Restoration. The following minimum performance standards shall be met for the restoration of a wetland; provided, that if the violator can demonstrate that greater functions and habitat values can be obtained, these standards may be modified:
(i) 
The historic structure, functions, and values of the affected wetland shall be restored, including water quality and habitat functions;
(ii) 
The historic soil types and configuration shall be replicated;
(iii) 
The wetland and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and
(iv) 
Information demonstrating compliance with other applicable provisions of this title shall be submitted to the planning director.
(c) 
Site Investigations. The planning director is authorized to make site inspections and take such actions as are necessary to enforce this title. The planning director shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.
(3) 
The planning director may request as part of a civil order, or may enter into a settlement agreement to resolve an alleged violation of this chapter, of a party to have found to have violated, or alleged to have violated this chapter, a restoration or mitigation plan meeting the requirements of this section. Any such plan shall be subject to expert review at the party’s expense.
(Ord. 341 § 8.2, 1992; Ord. 550 § 13, 2007)
A regulated activity which was approved prior to the passage of this chapter and to which significant economic resources have been committed pursuant to such approval, but which is not in conformity with the provisions of this chapter, may be continued subject to the following:
(1) 
No such activity shall be expanded, changed, enlarged, or altered in any way that increases the extent of its nonconformity without a permit issued pursuant to the provisions of this chapter;
(2) 
Except for cases of discontinuance as part of normal agricultural practices, if a nonconforming activity is discontinued for 12 consecutive months, any resumption of the activity shall conform to this chapter.
(Ord. 341 § 9, 1992)
(1) 
Any decision or order issued by the planning director pursuant to this chapter, including decisions concerning denial, approval, or conditional approval of a wetland permit, may be judicially reviewed in the Clallam County superior court, provided that:
(a) 
Available administrative remedies, including appeals available pursuant to FMC § 14.15.200, have been exhausted; and
(b) 
Such review is commenced by the filing with the court and the planning director of a legal action within 30 working days after service of such order or issuance of notice of such decision, as the case may be.
(2) 
Based on these proceedings and the decision of the court, the planning director may, within the time specified by the court, elect to:
(a) 
Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant’s land;
(b) 
Approve the permit application with lesser restrictions or conditions; or
(c) 
Other appropriate actions ordered by the court that fall within the jurisdiction of the planning director.
(Ord. 341 § 10, 1992)
The assessor of Clallam County shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a perpetual conservation restriction with the city of Forks or a nonprofit organization to permanently control some or all regulated activities in the wetland shall have that portion of land assessed consistent with these restrictions. Such landowner shall also be exempted from special assessments on the controlled wetland to defray the costs of municipal improvements such as sanitary sewers, storm sewers and water mains.
(Ord. 341 § 13, 1992)