Chapter 29.12
PERMIT EXEMPTIONS

Sections:

29.12.010    Permit exemptions.

29.12.020    Emergency exemption.

29.12.030    Relationship to other regulations.

29.12.010 Permit exemptions.

Except in (1) critical areas and their buffers, (2) areas waterward of the ordinary high water mark (OHWM), (3) shoreline setback, or (4) areas with an historic overlay designation, a land surface modification permit shall not be required for the following:

(a)    The removal of overhanging vegetation and fire hazards as specified in Section 21.41.302.

(b)    The removal of prohibited vegetation.

(c)    Land surface modification performed in the normal course of maintaining existing landscaping on a lot associated with an existing building or buildings, provided such work:

(1)    Does not substantially change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater;

(2)    Does not result in an increase or decrease in topography at any point of more than four feet; and

(3)    Does not involve more than fifty cubic yards of material in any twelve-month period.

(d)    Any excavation authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation when the material is removed from the lot or any fill material which is placed on the lot.

(e)    Utilities or other work in a right-of-way supervised by the city of Kirkland, authorized in writing by the director of the department of public works, or as allowed by a right-of-way permit approved under Chapter 19.12. Geologically hazardous areas shall not preclude this exemption.

(f)    Excavations for franchise utility service connections (power, telephone, cable, gas, etc.) to serve existing and/or new structures.

(g)    Correction of storm drainage problems when supervised by the department of public works.

(h)    Exploratory excavations under the direction of a professional engineer licensed in the state of Washington, as long as the extent of the land surface modification does not exceed the minimum necessary to obtain the desired information.

(i)    Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way.

(j)    Cemetery graves. (Ord. 4740 § 1, 2020: Ord. 4651 § 6, 2018: Ord. 4151 § 3 (part), 2008)

29.12.020 Emergency exemption.

A land surface modification permit shall not be required for actions which must be undertaken immediately or within a time too short to allow full compliance with the permit requirements of this title to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. The party conducting the land surface modification shall contact the city within seven days of the land surface modification to provide evidence of threat or imminent danger. Within this same seven-day period, the party conducting the land surface modification shall be solely responsible for notifying adjacent property owners and residents of any actions taken that may affect their property. The city may require that the party obtain a permit after-the-fact, and/or require other mitigation as necessary. (Ord. 4151 § 3 (part), 2008)

29.12.030 Relationship to other regulations.

Exemption from the permit requirements of this title shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this title or any other laws or ordinances of this jurisdiction. In particular, requests for pruning or removal of trees shall follow the procedures and comply with the standards outlined in Chapter 95 KZC. (Ord. 4151 § 3 (part), 2008)