Snohomish County (Current as of February 28, 2003)
Chapter 30.62 CRITICAL AREA REGULATIONS
Code reviser notes:
Section 4 of Ordinance No. 94-108 provides as follows: The department shall investigate the feasibility of developing programs pertaining to:
(1) Transfer of development rights, lot size averaging and other options for ensuring density and development potential;
(2) An open space program incorporating a habitat corridor network;
(3) Wetland mitigation banking;
(4) Fish habitat protection program adopted by council Motion 93-400;
(5) Management plans for lakes and ponds addressing fish and wildlife habitat and water quality issues;
(6) The future use of county watershed management plans approved pursuant to the GMA. Watershed management plans should be integrated into this chapter and should provide a means of supplementing or replacing certain provisions of this chapter with basin specific watershed management plan provisions;
(7) Exemptions for unintentionally created wetlands;
(8) Analysis of functional values at individual wetland level and at broader watershed level;
(9) Public education pertaining to the requirements and use of this chapter; and
(10) The county shall prepare an annual report on the impacts of chapter 30.62 SCC within two years of the adoption of Ordinance No. 94-108. The report will include, at least, average permitting time, costs of permits to the applicant, and the amount of land area set aside as critical areas, including buffers under chapter 30.62 SCC.
30.62.005 Incorporation by reference.
The county's regulations pertaining to aquifer recharge areas and frequently flooded areas, as defined in chapter 36.70A RCW, are contained in chapters 30.64 and 30.65 SCC, which are incorporated herein by this reference.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.010 Purpose and applicability.
The purpose of this chapter is to designate critical areas by definition and regulate development activities in critical areas to safeguard the public health, safety, and welfare. This chapter applies to all development activity. The objectives of this chapter are as follows:
(1) To protect unique, fragile, and important elements of the natural environment;
(2) To implement the Growth Management Act by designating, and adopting regulations for critical areas;
(3) To inform county residents of the hazards from, and importance of critical areas;
(4) To increase predictability regarding what can be developed on sites that contain, or are near critical areas;
(5) To reduce public costs resulting from inappropriate development activities on, or near critical areas;
(6) To protect the public from natural hazards;
(7) To minimize the need for emergency rescue services;
(8) To balance the private rights of individual property owners with the need to protect the public health, safety, and welfare and preserve environmentally sensitive areas;
(9) To prevent, or reduce the likelihood of damage to property and injury to persons resulting from development activities on or near critical areas;
(10) To assist property owners in developing their property in a manner which is consistent with its natural constraints; and
(11) To provide clear procedures for review of applications and to provide the criteria for compliance with both the State Environmental Policy Act (SEPA), chapter 43.21C RCW, and chapter 30.61 SCC.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.020 Compliance with other laws.
Nothing in this chapter shall be construed to excuse compliance with any federal, state, or local statute, ordinance or regulation applicable to the subject property or to the development activity, including any rules promulgated under the authority of this chapter.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.030 Relationship to chapter 30.61 SCC.
(1) Critical area protective measures required by this chapter shall also constitute adequate mitigation of adverse or significant adverse environmental impacts on critical areas for purposes of chapter 30.61 SCC.
(2) For purposes of environmental review pursuant to the SEPA, chapter 43.21C RCW, and chapter 30.61 SCC, this chapter shall not apply to development permit applications submitted to the department prior to the effective date of this chapter.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.040 Designation of critical areas.
The county has designated critical areas by defining their characteristics. There are no maps designating critical areas, except as otherwise indicated in this chapter. The applicant shall determine and the county shall verify, on a case by case basis, in accordance with the definitions in chapter 30.91 SCC, whether a critical area exists and is regulated under this chapter on or in close enough proximity to the subject property that a habitat management plan, setback, or buffer would be required under this chapter.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.050 Pre-application conference encouraged.
When an applicant knows or suspects that critical areas are located on or near the subject property, the applicant is encouraged to contact the department prior to finalizing development plans and applying for development permits. To the extent of available resources and information, the department shall assist the applicant in determining how this chapter may affect development activities on the subject property. This preliminary review is advisory only and is not binding on the applicant or the county.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.055 Additional submittal requirements.
(1) For any development activity which is subject to this chapter, the applicant shall submit the following in addition to the information required pursuant to SCC 30.70.030, provided that these additional submittal requirements shall not apply for the construction of any single family residence or duplex and ordinary residential improvements for which the proposed area of site disturbance is 100 feet or more from any critical area, and those activities allowed pursuant to SCC 30.62.360:
(a) The following site information drawn to a standard engineering scale and shown on the site development plan for the underlying permit application:
(i) the boundary lines;
(ii) the topography at contour interval of five feet unless the underlying permit requires a lesser interval;
(iii) the location and size of all existing and proposed structures;
(iv) the location and extent of all proposed development activity;
(v) the location and description of all critical areas located on the site and on adjacent properties within 100 feet of site boundaries; and
(vi) the location of all proposed buffers and setbacks;
(b) A critical area study if the proposed development does not comply with SCC 30.62.200(1), 30.62.210(1), 30.62.210(2); , 30.62.220, 30.62.230, or 30.62.310 as applicable, or when required by SCC 30.62.110. The content of critical area studies shall be as required in SCC 30.62.110, 30.62.240 or 30.62.340, as applicable; and
(c) Any additional information known to the applicant pertaining to the critical area(s) on the subject property and adjacent properties.
(2) The county may assist applicants in identifying fish and wildlife habitat conservation areas and the presence of critical species on the subject property.
(3) The county may assist applicants for single family dwelling permits in providing information required in SCC 30.62.055(1).
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.060Time period for review.
The county shall determine whether a development application complies with this chapter during the county's review under SEPA, chapter 43.21C RCW and chapter 30.61 SCC. The county shall complete review under this chapter prior to issuance of a threshold determination under chapter 30.61 SCC.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.070 Bond or performance security.
Prior to issuance of any permit or approval which authorizes site disturbance to which this chapter applies, the director shall require performance security in accordance with chapter 30.84 SCC to assure that all work or actions required by this chapter are satisfactorily completed in accordance with the approved plans, specifications, permit or approval requirements, and applicable regulations, and to assure that all work or actions not satisfactorily completed will be corrected to comply with approved plans, specifications, requirements, and regulations, to eliminate hazardous conditions, to restore environmental damage or degradation, and to protect fish and wildlife habitat and the health, safety and general welfare of the public.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.075 Permanent protection for critical areas and buffers.
(1) For development activities consistent with previously approved site plans:
(a) Where critical areas have been identified and where specific and adequate permanent protection has been provided, no additional restrictions or protection will be required. Adequate permanent protection shall include, but not necessarily be limited to, measures for permanent preservation of the critical areas, buffers, and setbacks.
(b) Where critical areas or portions of critical areas have not been accurately designated and/or mapped, and where adequate permanent protection has been provided for the accurately designated and/or mapped critical areas, the existing permanent protection measures shall also apply to the newly designated critical areas.
(c) Where critical areas have been accurately designated and/or mapped, and adequate permanent protection has not been provided, all provisions of this chapter shall apply.
(2) Critical areas and their required buffers for which permanent protection is required pursuant to SCC 30.62.200(3), 30.62.210(3) and 30.62.320 shall be designated native growth protection areas (NGPAs).
(3) Except as provided for in SCC 30.62.075(4) and (5), for development activities where land division is proposed or required, NGPAs shall be located in:
(a) Separate tracts owned in common by:
(i) all owners of the lots or parcels within a planned residential development subdivision, short subdivision, or other land division; or
(ii)another appropriate entity approved by the county; or
(b) A form of easement approved by the county.
(4) In subdivisions or short subdivisions where all lots are five acres or larger in size, NGPAs need not be contained in separate tracts.
(5) When an NGPA is entirely contained within a single proposed lot of 100,000 square feet or larger in size and where the NGPA comprises less than 20 percent of that lot, the NGPA need not be contained in a separate tract.
(6) For all development activities, except for the construction of any single family residence or duplex and ordinary residential improvements for which the proposed area of site disturbance is 100 feet or greater from any critical area and those activities allowed pursuant to SCC 30.62.360, NGPAs shall be delineated on binding site development plans which shall be recorded with the county auditor.
(7) Prior to any development activity on the site, except for the construction of any single family residence or duplex and ordinary residential improvements for which the proposed area of site disturbance is 100 feet or greater from any critical areas and those activities allowed pursuant to SCC 30.62.360, the applicant shall mark with temporary markers in the field the boundary of all NGPAs required by this chapter, or the limits of the proposed site disturbance outside of the NGPAs, using methods and materials acceptable to the county.
(8) For development activities other than single family residential development on existing legal lots and those activities allowed pursuant to SCC 30.62.360, NGPA boundaries shall be permanently marked on the site prior to final inspection by the county using methods and materials acceptable to the county.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.080 Open space taxation.
Chapter 4.28 SCC provides a mechanism for property owners to obtain tax relief for portions of their property that are left in open space. Certain critical areas and buffers may qualify for the open space general tax classification and the owners of these affected properties may be granted tax relief under that chapter.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.100 Protection for fish and wildlife habitat conservation areas.
(1) All stream, wetland, and riparian habitat is protected pursuant to SCC 30.62.300 through SCC 30.62.375 of this chapter. In addition, when these habitat areas contain critical species listed as endangered or threatened by the state or federal governments, they shall also be protected pursuant to SCC 30.62.110.
(2) All fish and wildlife habitat conservation areas not otherwise protected pursuant to SCC 30.62.100(1) shall be protected pursuant to the requirements of SCC 30.62.110.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.110 Habitat management plan.
(1) A habitat management plan is required when the priority habitats and species maps or natural heritage program maps maintained by the department, or other information, indicates the presence of the following on the site:
(a) Areas with which critical species listed as endangered or threatened under state or federal law have a primary association; or
(b) Saltwater-related habitat meeting the definition of an estuarine wetland.
(2) All habitat management plans shall be prepared in consultation with the State Department of Fish and Wildlife.
(3) The county will gather the required information in this section for applicants seeking to develop a single family home.
(4) Habitat Management Plan Content Requirements. Based on the characteristics of the site and information submitted by the applicant, the director may require that all or a portion of the following be included in a habitat management plan:
(a) A map drawn to scale or survey showing the following information:
(i) all lakes, ponds, streams, wetlands, and tidal waters on, or adjacent to the subject property, including the name (if named), and ordinary high water mark of each, and the stream type or wetland category consistent with SCC 30.62.300(1) and (2);
(ii) the location and description of the fish and wildlife habitat conservation area on the subject property, as well as any potential fish and wildlife habitat conservation area within 200 feet of the subject property as shown on maps maintained by the department; and
(iii) the location of any observed evidence of use by a critical species;
(b) An analysis of how the proposed development activities will affect the fish and wildlife habitat conservation area and any critical species;
(c) Provisions to reduce or eliminate the impact of the proposed development activities on any fish and wildlife habitat conservation area and critical species; and
(d) The habitat management plan should also address the following issues:
(i) prohibition or limitation of development activities within the fish and wildlife habitat conservation area;
(ii) establishment of a buffer around the fish and wildlife habitat conservation area;
(iii) retention of certain vegetation or areas of vegetation critically important to the critical species;
(iv) limitation of access to the fish and wildlife habitat conservation area and buffer;
(v) seasonal restrictions on construction activities on the subject property;
(vi) clustering of development on the subject property; and
(vii) the preservation or creation of a habitat area for the critical species.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.200 Erosion hazard areas.
(1) Development activity proposed in erosion hazard areas as defined in this chapter shall be protected by use of best management practices found in the Snohomish County Drainage Manual adopted pursuant to chapter 30.63A SCC.
(2) The director may approve erosion control measures which differ from those required by SCC 30.62.200(1) if the applicant submits a geotechnical report which technically demonstrates and visually illustrates that the alternative measures provide protection which is greater than or equal to that provided by the measures required in SCC 30.62.200(1).
(3) All portions of erosion hazard areas on the site which are undisturbed by development activities shall be designated as native growth protection areas in accordance with SCC 30.62.320.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.210 Landslide hazard areas.
(1) Development activities on landslide hazard areas shall be protected by use of generally accepted proper engineering and construction practices. Unless waived by the director, or the presentation of documentation by the director to support further geotechnical engineering analysis, a geotechnical report, or structural engineering, shall be required to determine proper protective measures.
(2) Structures on, or adjacent to, landslide hazard areas shall be protected by use of generally accepted proper engineering and construction practices, and shall meet the following requirements:
(a) Ascending slopes (see Figure 30.62.210(2)(a)).
(i) for slopes 33 percent to 100 percent, the setback from the toe of the slope shall be the height of the slope divided by 2.
(ii)for slopes greater than 100 percent, the setback from the toe of the slope shall be the height of the slope divided by 2. The toe of the slope shall be assumed to be at the intersection of a horizontal plane drawn at the bottom of the foundation and a plane drawn tangent to the slope at an angle of 45 (100 percent) to the horizontal.
(b) Descending slopes (see Figure 30.62.210(2)(b)).
(i) for slopes 33 percent to 100 percent, the setback from the top of the slope shall be the height of the slope divided by 3.
(ii)for slopes greater than 100 percent, the required setback from the top of the slope shall be the height of the slope divided by 3. The setback shall be measured from an imaginary plane 45 degrees (100 percent) to the horizontal projected upward from the toe of the slope.
(c) The director may approve setbacks which differ from those required by SCC 30.62.210(2) if the applicant submits a geotechnical report which technically demonstrates and visually illustrates that the alternative setbacks provide protection which is greater than or equal to that provided by the setbacks required in SCC 30.62.210(2).
(3) All portions of landslide hazard areas on the site which are undisturbed by development activities shall be designated as native growth protection areas in accordance with SCC 30.62.075.
Click here for Figure 30.62.210(2)(a) and (b) --LANDSLIDE HAZARD AREA - SETBACK REQUIREMENTS .pdf file
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.220 Seismic hazard areas.
Development activity in a seismic hazard area shall meet all applicable provisions of the Uniform Building Code, as adopted by the county, for seismic zones 3 and 4.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)
30.62.230 Mine hazard areas.
Development activities proposed adjacent to mine hazard areas shall be subject to the requirements in SCC 30.62.200 and 30.62.210.
(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)