A. 
The provisions of this chapter shall apply to all lands, all land uses and development activity, and all structures and facilities in the city, whether or not a permit or authorization is required, and shall apply to every person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers land within the city. No person, company, agency, or applicant shall alter a critical area or buffer except as consistent with the purposes and 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 in, over, or on a critical area or associated buffer without first ensuring compliance with the requirements of this chapter. Approval of a permit or development proposal pursuant to the provisions of this chapter shall not discharge the obligation of the permit holder to comply with the provisions of this chapter.
(Ord. 2004-603 § 2)
Activities subject to this chapter include, but are not limited to, the following:
A. 
Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;
B. 
Dumping, discharging or filling with any material;
C. 
Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure, except where the existing square footage or foundation footprint is not altered and meets the definition of a nonconforming structure subject to the provisions of MCMC § 14.01.030(N);
D. 
Destroying or altering vegetation through clearing, harvesting, cutting, trampling, intentional burning, shading or planting vegetation where these activities would alter the character of a critical area or buffer;
E. 
Draining, flooding or disturbing the water level, water flow pattern, or water table;
F. 
Activities that result in adverse changes in water temperature, physical or chemical characteristics of water sources to wetlands or streams;
G. 
Conversion of agricultural land to nonagricultural uses;
H. 
Application of pesticides, fertilizers and/or other chemicals in amount or at times demonstrated as harmful to wetlands, streams, wildlife habitats, or riparian corridors; and
I. 
Subdivision or short subdivision of land containing critical areas or associated buffers, subject to the following:
1. 
Land containing a critical area or buffer may be subdivided only if each resulting lot contains an accessible and contiguous area that:
a. 
Meets the minimum lot size requirements of the underlying zone; and
b. 
Is located outside the critical area or buffer or is covered by a nonconforming use subject to MCMC § 17.32.050.
2. 
The provisions of this subsection do not apply to:
a. 
Critical aquifer recharge areas; or
b. 
The division or conveyance of land for public road or utility right-of-way, where such facilities are otherwise permitted.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))