A.
Certain activities shall be exempt from the provisions of this chapter; provided, that they are conducted using locally adopted best management practices and that they result in no net loss of the critical area functions and values. 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 observe the use of best management practices to ensure that the activity does not result in degradation of the critical area or buffer. Exempt activities include the following:
1.
Existing and ongoing agricultural activities as defined in this chapter; if established prior to 1992 and after that date do not cause permanent conversion of a critical area through actions such as ditching, draining, clearing, grading, and/or filling; provided, that:
a.
The activity is conducted as part of normal agricultural activities. The exemption does not apply to the full or partial conversion of agricultural land to nonagricultural uses;
b.
The activity does not destroy, kill, harass, or otherwise harm species listed as threatened or endangered under the Federal Endangered Species Act of 1973, or the habitats on which those species depend;
c.
The property or portion of the property considered for exemption has been actively farmed since 1992, and not been idle for two consecutive years;
d.
The agricultural activities comply with the flood hazard provisions of Chapter 15.20 MCMC and other applicable city regulations; and
e.
The exemption is limited to specific areas upon which lawfully established agricultural activities are being conducted. A determination that a portion of a site is exempt shall not extend to other portions of the site that do not meet the requirements of this section.
2.
Activities conducted pursuant to previous critical area review, including activities subject to previous development permits and approvals and construction approvals, provided all of the following conditions have been met:
a.
The provisions of this chapter have been previously addressed as part of another approval;
b.
There have been no material changes in the potential impact to the critical area or buffer since the prior review;
c.
There is no new critical area information available for the site or adjacent areas and there have been no substantial changes to site conditions since the original study was prepared;
d.
The permit or approval has not expired or, if no expiration date, no more than five years has elapsed since the issuance of that permit or approval or adoption of this chapter, whichever is later; and
e.
Compliance with all standards or conditions placed upon the prior permit or approval has been achieved or secured.
3.
The creation of new pedestrian trails on public land or on private land with public access provided by a public access easement or another method approved by the director, which comply with the following requirements:
4.
Select vegetation removal activities including the following; provided, that no vegetation shall be removed from a wetland, fish and wildlife habitat conservation area, or erosion/land-slide hazard area or their associated buffers without prior written approval; and provided, that disturbed areas are revegetated with native, noninvasive species approved by the city:
a.
The removal of invasive weeds, such as Himalayan blackberry, using hand labor, city-approved light equipment, and/or authorized herbicides; provided, that all cut vegetation shall be left within the critical area or buffer unless removal is warranted due to the potential for disease transmittal to other healthy vegetation; and
b.
If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts.
5.
The removal of hazard trees from critical areas and buffers; provided, that written approval from the city is required before the removal of hazard trees, and:
a.
The applicant submits a report from a certified arborist, or registered landscape architect, that documents the hazard and provides a replanting schedule for the replacement trees. The director can waive this requirement if the hazard potential is readily apparent to city staff;
b.
Tree cutting shall be limited to limbing and crown thinning, unless otherwise recommended and justified by a qualified professional. Prior to any tree modification, the applicant shall demonstrate that retention or creation of a snag was considered as an alternative to complete tree removal;
c.
The landowner shall replace any trees that are felled or limbed with new trees at a ratio of two replacement trees for each tree felled or limbed within one year in accordance with an approved restoration plan. The director may reduce the ratio when it can be demonstrated that a lower ratio is adequate to protect critical areas. Tree species that are native and indigenous to the site shall be used; and
d.
Hazard trees determined to pose an imminent threat or danger to public health or safety, property, or cause serious environmental degradation may be removed by the landowner prior to receiving written approval from city; provided, that a reasonable attempt is made to contact the city prior to removal and within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this chapter.
6.
The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, as approved by the director; provided, that their use shall be restricted in accordance with Department of Fish and Wildlife Management Recommendations, and the regulations of the Department of Agriculture and/or the U.S. Environmental Protection Agency.
7.
Minor operation, maintenance, and/or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees or drainage systems, if the activity does not require construction permits, does not further alter, impact, or encroach upon 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.
8.
Normal maintenance of groundcover or other vegetation lawfully planted in a critical area or buffer area that was disturbed prior to the effective date of the ordinance codified in this chapter; provided, that no further disturbance is created.
9.
Minor site investigative work, such as surveys, soil logs, percolation tests and other related activities, when required by the city, or a state or federal agency, where such activity does not require construction of roads, significant excavation or grading, or use of heavy machinery; provided, that impacts on critical areas are minimized and disturbed areas are restored immediately to the preexisting level of function and value.
10.
Passive outdoor activities such as recreation, education, and scientific research activities that do not alter or degrade the critical area or buffer, including fishing, hiking, and bird watching.
11.
Activities involving artificial wetlands or surface water systems; provided, that wetlands, streams, lakes, or ponds created as mitigation for approved land use activities or that provide critical habitat shall be regulated under the provisions of this chapter.
12.
Emergency actions that impact a critical area or its buffer provided such actions use reasonable methods to address the emergency and have the least possible impact to the critical area or its buffer. Prior to an emergency action, the director shall provide written determination on a case-by-case basis of the emergency action that satisfies the general requirements of this section. In the event a person or agency determines that the need to take emergency action is so urgent that there is insufficient time for review by the director, such emergency action may be taken immediately. Emergency actions that must be undertaken immediately or for which there is insufficient time for full compliance with this chapter include actions necessary to:
B.
The applicant shall obtain written confirmation from the director that the proposed activities meet the requirements for exemption as defined by the section before the activity is initiated. 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 alter or degrade a critical area or ignore risk from natural hazards. Any damage to, or alteration of, a critical area must be promptly restored, rehabilitated, or replaced at the responsible party’s expense to the director’s satisfaction.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))