All applicants are encouraged to meet with the department prior to submitting an application subject to this chapter. The purpose of this meeting shall be to discuss the city’s critical area standards and procedures; to review any conceptual site plans prepared by the applicant; to discuss appropriate investigative techniques and methods; and to identify potential impacts and mitigation measures. Such conference shall be for the convenience of the applicant and any recommendations shall not be binding on the applicant or the city.
(Ord. 2004-603 § 2)
A. 
Prior to the city’s consideration of any proposed activity not found to be exempt under MCMC § 18.06.410, the applicant shall submit to the department a completed critical area identification form provided by the city. The requirement for a critical area identification form may be waived if the applicant and the director determine during a preapplication conference that a critical area study/report will be prepared for the proposal and agree on the scope and timing of such critical area study/report.
B. 
Upon receipt of a completed critical area identification form, submitted in advance or concurrently with a project application, the director may conduct a site inspection to review critical area conditions on site.
C. 
The director shall review the critical area identification form and other information available pertaining to the site and the proposal and make a determination as to whether any critical areas may be affected by the proposal and whether a more detailed critical area report shall be required. The director shall use his/her own observations of the site conditions and any of the following indicators to assist in determining the need for a critical area report:
1. 
Indication on the city’s critical areas maps of a critical area that may be affected by the proposed activity;
2. 
Information and scientific opinions from appropriate agencies, including but not limited to the Departments of Fish and Wildlife, Natural Resources, and Ecology;
3. 
Documentation from a scientific or other credible source of the possible presence of a critical area; or
4. 
A finding by a qualified professional or a reasonable belief by the director that a critical area may exist on or adjacent to the site of the proposed activity.
D. 
Following the site visit and review of information, the director shall make one of the following determinations:
1. 
The project area is not within or adjacent to a critical area or buffer and the proposed development is unlikely to degrade the functions or values of a critical area or buffer. If so, the director shall rule that the critical area review is complete and no further review is required.
2. 
There are critical areas within or adjacent to the project area but the proposed development will avoid the critical area and/or buffer so as not to alter or degrade the functions or values of the critical area or buffer. If so, the director may waive the requirement for a critical area report.
3. 
A critical area or buffer may be affected by the proposal. If so, the director shall notify the applicant that a critical area report must be submitted prior to further review of the project and shall indicate each of the critical area types that should be addressed in the report. A determination by the director regarding the apparent absence of one or more critical areas is not a certification regarding the presence or absence of critical areas, and the determination is subject to reconsideration by the director and reopening if new information or analysis is received.
E. 
The city shall notify the public of the initial critical area determination as part of the notice of application issued for the proposal. The notice shall include information as to the specific critical areas that are, or are not, determined to be affected by the proposed activity.
(Ord. 2004-603 § 2)
A. 
The intent of this section is to require a level of technical study and analysis commensurate with the value or sensitivity of a particular critical area. If the proposed project is within, adjacent to, or is likely to impact a critical area or buffer pursuant to the provisions of MCMC § 18.06.520, the city shall require from the applicant a critical area report that has been prepared by a qualified professional.
B. 
The critical area report shall contain all of the information listed below:
1. 
A detailed description of the critical areas and buffers on or adjacent to the project site, including the size, type/classification, condition, disturbance history, and functions and values;
2. 
A site plan for the development proposal showing the proposed development footprint and clearing limits, and all critical areas and buffers;
3. 
A description of the proposed stormwater management plan (both temporary and permanent) for the development and evaluation of impacts to proposed or actual drainage alterations;
4. 
The names and qualifications of the persons preparing the report, and documentation of the dates and all fieldwork performed on the site;
5. 
A detailed assessment of the potential impacts to critical areas and buffers resulting from site development;
6. 
An analysis of site development alternatives and measures taken or to be taken to avoid and minimize critical area impacts in accordance with MCMC § 18.06.625;
7. 
An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development; and
8. 
Any additional information for the critical area as required by the subsequent sections of this chapter.
C. 
The applicant may consult with the director prior to or during preparation of the critical area report to obtain city 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.
D. 
The report will be used to assist the city in determining the appropriate classification of any critical area present, the functions and values of critical areas, the potential adverse impacts of proposed activities, appropriate buffering requirements, and any recommended mitigation conditions relating to site planning, development density, and construction or post-construction practices.
E. 
Once accepted, the report shall be one of the factors utilized to perform environmental review pursuant to the State Environmental Policy Act (SEPA) and in determining whether to approve, conditionally approve or deny a land use application; provided, that such reports may be supplemented with additional information from any source that the director or any subsequent decision-maker determines to be credible and pertinent. Future land use applications shall require additional critical area reports unless it can be demonstrated to the satisfaction of the director that the previously prepared report is adequate for current analysis or new information is found demonstrating to the satisfaction of the director that the study is in error.
F. 
To avoid duplication, the reporting requirements of this chapter shall be coordinated for all critical areas located on the site.
G. 
Applicants shall provide reports and maps to the city in hard copy and electronic format that allows site data to be incorporated into the city’s geographic information system database.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))
A qualified professional shall prepare all reports and studies required by this chapter. The city will conduct a peer review of the critical area report, including any mitigation plan and if necessary a legal review, at the applicant’s expense, unless the director determines that such peer review or legal review is unwarranted.
(Ord. 2004-603 § 2)
A. 
To the extent possible, the city shall consolidate and integrate the review and processing of issues and approvals related to critical areas with other land use and environmental considerations and approvals.
B. 
Any alteration to a critical area or buffer, unless otherwise provided for in this chapter, shall be reviewed and approved, approved with conditions, or denied based on the proposal’s ability to comply with all of the following criteria:
1. 
The proposal avoids or minimizes the impact on critical areas and buffers;
2. 
The proposal does not pose a material threat to the public health, safety, or welfare on or off the development proposal site;
3. 
The proposal is consistent with the general purposes of this chapter, the public interest, and the public health, safety, and welfare;
4. 
All alterations permitted to a critical area or buffer are mitigated in accordance with MCMC § 18.06.610 and all other applicable regulations; and
5. 
The proposal maintains the critical area functions and values consistent with the best available science and other applicable regulations and standards.
C. 
Except as expressly provided for by this chapter, any project that cannot adequately mitigate its impacts to critical areas shall be denied.
D. 
The director shall make a determination as to whether the proposed activity and mitigation, if any, are consistent with the provisions of this chapter:
1. 
If the director determines that the proposed activity meets the criteria of subsection (B) of this section, the director shall prepare a written notice of determination and identify the required conditions of approval. Said conditions shall be incorporated into any mitigated determination of nonsignificance (MDNS), planned action, or environmental impact statement (EIS) as appropriate.
2. 
If the director determines that a proposed activity does not comply with subsection (B) of this section, the director shall prepare written notice of the determination that includes findings of noncompliance. Following notice of determination that the proposed activity does not meet the review criteria and/or does not comply with the applicable provisions of this chapter, the applicant may prepare and request consideration of a revised critical area report. If the revised report is found to be substantial and relevant to the critical area review, the director may reopen the critical area review, conduct additional peer and/or legal review, and make a new determination based on the revised report.
E. 
The city’s final determination regarding critical areas pursuant to this chapter shall be made concurrent with the final decision to approve, condition, or deny the development proposal or other activity involved.
(Ord. 2004-603 § 2)
Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this chapter may be appealed only according to, and as part of, the procedure for SEPA appeals in MCMC § 18.04.240. In the event that the development permit subject to this chapter is exempt from SEPA, the appeal procedures of Chapter 14.11 MCMC shall apply.
(Ord. 2004-603 § 2; Ord. 2026-945 § 2 (Att. A))