Chapter 17.35
CRITICAL AREAS*
Sections:
Article I. Purpose
17.35.010 Statement of authority and title.
17.35.020 Statement of purpose and goals
17.35.030 Statement of policy.
17.35.040 Interpretation.
17.35.050 Duration.
17.35.060 Judicial review.
Article II. Definitions
17.35.070 Administrator.
17.35.075 Agricultural activities - Existing and on-going.
17.35.080 Alluvial fan.
17.35.085 Alteration.
17.35.090 Aquifer.
17.35.095 Aquifer recharge area.
17.35.100 Best management practices (BMPs) - Wetlands section.
17.35.105 Best management practices (BMPs) - Aquifer recharge areas section.
17.35.110 Buffer - Geologically hazardous area.
17.35.115 Buffer - Stream and habitat critical areas.
17.35.120 Classification.
17.35.125 Clearing.
17.35.130 Commercially viable use of land.
17.35.135 Compensation project.
17.35.140 Critical area functions.
17.35.145 Critical area values.
17.35.150 Critical areas.
17.35.155 Critical facilities.
17.35.160 Dangerous wastes.
*Code reviser’s note: Ord. 1204 provides that Chapter 17.35, Critical Areas, is retained only as it applies to agricutural activites in accordance with the 2007 Legislative Session, Senate Substitute Bill 5248 that provides that: “This chapter shall remain in effect as it applies to agricultural activities until regulations addressing agricultural use in critical areas are adopted by the county.”
17.35.165 Debris flow.
17.35.170 Designation.
17.35.175 Determination.
17.35.180 Erosion control.
17.35.185 Erosion hazard areas.
17.35.190 Extraordinary hardship.
17.35.195 Fish and wildlife habitat conservation areas.
17.35.200 Fish and wildlife habitat critical areas (FWHCA).
17.35.205 Flood - Flooding.
17.35.210 Forest practice.
17.35.215 100-year flood - Base flood.
17.35.220 Frequently flooded areas.
17.35.225 Geologically hazardous areas.
17.35.230 Ground water.
17.35.235 Habitat management plan.
17.35.240 Hazardous substances.
17.35.245 High intensity uses.
17.35.250 Hydric soil.
17.35.255 Incidental amounts.
17.35.260 Land use development permits.
17.35.265 Landslide hazard areas.
17.35.270 Low intensity uses.
17.35.275 Mine hazard areas.
17.35.280 Mitigation.
17.35.285 Mudflow.
17.35.290 Native vegetation.
17.35.295 Person.
17.35.300 Priority habitats.
17.35.305 Priority habitat and species database.
17.35.315 Priority species.
17.35.320 Protection.
17.35.325 Pyroclastic flow.
17.35.330 Qualified critical area professional.
17.35.335 Secondary containment.
17.35.340 Seismic hazard areas.
17.35.345 Sensitive, endangered, threatened species.
17.35.350 Septage waste.
17.35.355 Sewage sludge.
17.35.360 Significant.
17.35.365 Significantly affect the quality.
17.35.370 Storm water management facilities.
17.35.375 Streams.
17.35.380 System function and values.
17.35.385 Utility lines.
17.35.390 Volcanic hazard areas.
17.35.395 Water table.
17.35.400 Watershed.
17.35.405 Wetland - Wetlands.
17.35.410 Wetland buffer, buffer, or buffer zones.
17.35.415 Wetland enhancement.
17.35.420 Wetland functions and values.
Article III. General Requirements
17.35.430 Applicability.
17.35.440 Relationship to other regulations.
17.35.450 General exemptions.
17.35.460 Application requirements.
17.35.470 Designation of the administrator.
17.35.480 Appeals.
17.35.490 Penalties and enforcement.
17.35.500 Notice of violation and order.
17.35.510 Additional enforcement actions.
17.35.520 Nonconforming activities.
17.35.530 Variances.
17.35.540 Nonregulatory incentives.
17.35.550 SEPA.
17.35.560 Judicial or legislative modification.
17.35.570 Cost recovery.
Article IV. Critical Area Regulations
Article IV(A). Wetlands
17.35.580 Identification.
17.35.590 Classification.
17.35.600 Allowed activities in wetlands and buffers.
17.35.610 Protection.
17.35.620 Mitigation conditions.
17.35.630 Processing.
17.35.640 References.
Article IV(B). Fisheries Habitat
17.35.650 Identification.
17.35.660 Classification.
17.35.670 Allowed activities in streams and buffers.
17.35.680 Protection.
17.35.690 Mitigation conditions.
17.35.700 Processing.
17.35.710 References.
Article IV(C). Wildlife Habitat
17.35.720 Identification.
17.35.730 Classification.
17.35.740 Allowed activities in critical wildlife areas and buffers.
17.35.750 Protection.
17.35.760 Mitigation conditions.
17.35.770 Processing.
17.35.780 Limitation on applicability.
17.35.790 References.
Article IV(D). Frequently Flooded Areas
17.35.800 Purpose.
17.35.810 Classification.
17.35.820 Designation.
17.35.830 Standards for permit decisions.
Article IV(E). Aquifer Recharge Areas
17.35.840 Purpose.
17.35.850 Classification.
17.35.860 Designation.
17.35.870 Allowed activities.
17.35.880 Protection.
17.35.890 Mitigation conditions.
17.35.900 Processing.
Article IV(F). Geologically Hazardous Areas
17.35.910 Purpose.
17.35.920 Erosion and landslide hazard areas.
17.35.930 Mine hazard areas.
17.35.940 Seismic hazard areas.
17.35.950 Volcanic hazard areas.
Article I. Purpose
17.35.010 Statement of authority and title.
This chapter is established pursuant to RCW 36.70A.060 and shall be known as the “Lewis County Interim Critical Areas Ordinance.” [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 1.1, 1996]
17.35.020 Statement of purpose and goals.
The purpose of this chapter is to identify and protect critical areas and protect human health and safety as required by the Growth Management Act of 1990 (Chapter 17, Laws of 1990) by supplementing the development regulations contained in various ordinances of Lewis County and other applicable state and federal laws by providing additional controls and measures to protect critical areas and human health and safety. This chapter is adopted under the authority of Chapters 36.70A and 36.70 RCW.
This chapter is premised on a perceived community vision that calls for minimum critical areas designations and protection standards, consistent with the requirements of Chapter 36.70A RCW.
The intent of this chapter is to facilitate the processing of relevant land use and development applications in a timely fashion with minimum intrusion on individual freedom, with a maximum of consistency and predictability. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 1.2, 1996]
17.35.030 Statement of policy.
(1) It is a policy of Lewis County that the beneficial functions, structures, and values of critical areas be protected as identified in this chapter, and further that potential dangers or public costs associated with inappropriate use of such areas be eliminated or substantially reduced by reasonable regulation of uses within, adjacent to, or directly affecting such areas. Reasonable regulation shall be achieved by the balancing of individual and collective interests.
(2) The county-wide planning policies identified private property rights as the primary priority and all applications of this chapter shall be cognizant and consistent with private property rights.
(3) No permit granted pursuant to this chapter shall remove an applicant’s obligations with respect to applicable provisions of any other federal, state, or local law or regulation, including, but not limited to, the acquisition of any other required permit or approval.
(4) Mitigation Priorities.
(a) Avoid the impact altogether by not taking a certain action or parts of any action where reasonable noncritical area alternatives are available;
(b) Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
(c) Rectify the impact by repairing, rehabilitating, or restoring the affected environment;
(d) Reduce or eliminate the impact over time by preservation and maintenance of critical area functions during the life of the action;
(e) Compensate for the impact by replacing, enhancing, or providing substitute resources or environments in lieu of critical areas impacted; and/or
(f) Monitor the impact and take appropriate corrective measures where appropriate.
(5) Mitigation Application.
(a) Lewis County respects the right of property owners to use their property consistent with the guidelines presented. Priorities in subsection (4) of this section are preferences to guide development and may be mixed to facilitate reasonable use of property, with increasing mitigation applied to the greater impacts to protect the functions, systems, and values identified.
(b) The priorities in subsection (4) of this section shall not be used to deny a permit for activities specifically authorized in critical areas or buffers where reasonable noncritical area alternatives are not available.
(6) The assessor is required to consider the impacts on property values which the restrictions in this chapter in assessing property in Lewis County.
(7) Existing property uses shall not be affected by this chapter. This chapter will apply only when regulations require a development permit from Lewis County. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 1.3, 1996]
17.35.040 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Liberally construed to serve the purpose of this chapter.
(2) Deemed neither to limit nor repeal any other powers under state statute.
(3) Considered adequate mitigation under SEPA unless a proposed use or activity poses an unusual or extraordinary risk to a critical area system. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 1.4, 1996]
17.35.050 Duration.
The development regulations for critical areas, as set forth in this chapter, shall be reviewed during consideration of the implementing regulations for the Lewis County comprehensive plan, adopted pursuant to Chapter 36.70A RCW. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 1.5, 1996]
17.35.060 Judicial review.
Judicial review of any final decision made hereunder shall be appealable pursuant to the Land Use Appeals Act, Chapter 36.70C RCW. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 1.7, 1996]
Article II. Definitions
17.35.070 Administrator.
“Administrator” means the planning manager of the Lewis County department of community development or his or her designee. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.075 Agricultural activities - Existing and on-going.
“Agricultural activities” means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and/or raising or keeping livestock. Agricultural activities include associated activities, including the operation and maintenance of farm and stock ponds, drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, and normal operation, maintenance, and repair of existing serviceable agricultural structures, facilities or improved areas, and the practice of aquaculture. Agricultural activities include, but are not limited to, growing mint, bulb farming, haying, growing blueberries, hybrid poplars, Christmas trees, and other nursery and horticultural activities which may involve any rotation, not otherwise classified as a forest practice. To assure preservation of agricultural land, the ability to switch from one crop or activity to another to meet market forces is essential and shall be considered “existing and ongoing agricultural” use when such conversions occur. Further, land devoted to agricultural purposes shall be considered existing and on-going even if in-between crop activities are limited to haying or grazing. Land shall cease to be existing and ongoing agriculture if (1) platted or otherwise developed for nonagricultural purposes or (2) converted to nonagricultural use.
Forest practices not regulated under Chapter 76.90 RCW and WAC Title 222 are not included in this definition. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.080 Alluvial fan.
“Alluvial fan” means a low, outspread, relatively flat to gently sloping mass of loose rock and soil, shaped like an open fan or segment of a cone, deposited by streams or debris flows where they issue from narrow, steep valleys upon a plain or broad valley or wherever the gradient of the stream suddenly decreases. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.085 Alteration.
“Alteration” means a human-induced action which materially affects a regulated critical area, such as a physical change to the existing condition of land or improvements containing, but not limited to construction, clearing, filling, and grading. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.090 Aquifer.
“Aquifer” means a saturated permeable geologic unit that can transfer significant quantities of water under ordinary hydraulic gradients. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.095 Aquifer recharge area.
“Aquifer recharge area” means the area in which rainwater and other surface waters percolate downward through surface soil and underlying geologic formations that are permeable enough to allow significant additions of water to an underlying aquifer that is a source of drinking water that is vulnerable to contamination that would affect the potability of the water. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.100 Best management practices (BMPs) - Wetlands section.
“Best management practices (BMPs),” for the wetlands section, means conservation practices or systems of practices and management measures that:
(1) Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment; and
(2) Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.105 Best management practices (BMPs) - Aquifer recharge areas section.
“Best management practices (BMPs),” for the aquifer recharge areas section, means physical, structural, and or managerial practices that when used singly, or in combination, prevent or reduce the adverse environmental impacts to or pollution of ground water. Such practices may include schedules of activities, prohibitions of practices, maintenance procedures, and other management practices, to prevent or reduce pollution of ground water. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage, leaks, sludge, or water disposal, or drainage for raw material storage. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.110 Buffer - Geologically hazardous area.
For the purpose of the geologically hazardous area section, a “buffer” is an area established to protect the integrity or functions and values of a geologically hazardous area from potential adverse impacts. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.115 Buffer - Stream and habitat critical areas.
For purposes of the stream and habitat critical area sections, a “buffer” means an undisturbed area of native vegetation to protect the integrity, functions, and values of the affected habitat and shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.120 Classification.
“Classification” means defining value and hazard categories to which critical areas will be assigned. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.125 Clearing.
“Clearing” means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site which exposes the soil, but not including activities normally associated with agriculture, home gardening, or permitted timber and mining activities under any of the permits identified in LCC 17.35.630(2). [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.130 Commercially viable use of land.
“Commercially viable use of land” means a use which will return an economic return to the land and for which commercial financing is normally and reasonably available. The fact that other uses may create a higher return or land value is irrelevant. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.135 Compensation project.
“Compensation project” means actions necessary to replace project-induced critical area and associated buffer losses, including land acquisition, planning, construction plans, monitoring, and contingency actions. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.140 Critical area functions.
“Critical area functions” means the physical, chemical, and biological processes or attributes of a critical area. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.145 Critical area values.
“Critical area values” means the critical area processes or attributes that are valuable or beneficial to society. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.150 Critical areas.
“Critical areas” means all wetlands, frequently flooded areas, aquifer recharge areas, fish and wildlife habitat conservation areas, and geologically hazardous areas, as those terms are used and defined herein. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.155 Critical facilities.
“Critical facilities” means facilities for which a significant chance of damage as a result of a geological hazard would be too great. Critical facilities include, but are not limited to, schools; hospitals; police, fire, and emergency response installations; nursing homes; and installations which produce, use, or store hazardous materials or hazardous waste. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.160 Dangerous wastes.
“Dangerous wastes” means those wastes designated in WAC 173-303-070 through 173-303-120 as dangerous or extremely hazardous or mixed waste. As used in Chapter 173-303 WAC, the words “dangerous waste” will refer to the full universe of wastes regulated by that chapter, and will be used interchangeably with “hazardous waste.” [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.165 Debris flow.
“Debris flow” means the rapidly down-slope-moving mass of a viscous water-saturated mixture of rock fragments, soil, and mud, more than half of the particles being larger than sand size. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.170 Designation.
“Designation” means taking a formal legislative action to adopt classifications, inventories, and regulations. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.175 Determination.
“Determination” means an action by an agency or individual qualified in the science of identification and delineation of a critical area to identify, characterize, and/or locate a critical area. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.180 Erosion control.
“Erosion control” means on-site and off-site control measures that are needed to control conveyance and/or deposition of earth, turbidity or pollutants after development, construction, or restoration. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.185 Erosion hazard areas.
“Erosion hazard areas” means those areas identified by the United States Department of Agriculture Soil Conservation Service as having “severe” rill and inter-rill erosion hazard and areas subject to severe streambank erosion. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.190 Extraordinary hardship.
“Extraordinary hardship” means the strict application of this chapter and/or programs adopted to implement this chapter by the administrator would cause or create severe financial loss, unreasonable safety risk, or health harm to the party seeking exception, waiver, or variance under this chapter. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.195 Fish and wildlife habitat conservation areas.
“Fish and wildlife habitat conservation areas” means all lands within the following categories:
(1) Areas with which “priority species” as defined by the Washington Department of Wildlife have a primary association.
(2) “Priority habitats” as identified by the Washington Department of Fish and Wildlife. Priority habitats are areas with one or more of the following attributes pertaining to state species listed as endangered or threatened: comparatively high wildlife density, high wildlife species richness, significant wildlife species richness, significant wildlife breeding habitat, significant wildlife seasonal ranges, significant movement corridors for wildlife, limited availability, and/or high vulnerability.
(3) Naturally occurring ponds each over one-half acre and under 20 acres and their wildlife habitat. These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds of less than three years’ duration, and landscape amenities. However, naturally occurring ponds shall include those artificial ponds intentionally created with the approval of a regulatory authority from dry areas to mitigate adverse impact upon other ponds.
(4) Lakes, ponds, streams, and rivers planted with game fish as defined by RCW 77.08.020, including fish planted under the auspices of federal, state, local, or tribal programs, or which support priority fish species as identified by the Washington Department of Fish and Wildlife. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.200 Fish and wildlife habitat critical areas (FWHCA).
“Fish and wildlife habitat critical areas (FWHCA)” means land area which meets the definition of a “fish and wildlife habitat critical area” pursuant to WAC 365-190-080(5) and is essential for maintaining specifically listed species in suitable habitats. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.205 Flood - Flooding.
“Flood” or “flooding” means a general or temporary condition of partial or complete inundation of normal dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.210 Forest practice.
“Forest practice” means any activity regulated by Chapters 222-12 through 222-50 WAC. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.215 100-year flood - Base flood.
“100-year flood” or “base flood” means the flood having a one percent chance of being equaled or exceeded in any given year. For purposes of this chapter, Lewis County adopts the Federal Emergency Management Act (FEMA) flood hazard classifications. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.220 Frequently flooded areas.
“Frequently flooded areas” means the floodways and associated floodplains designated by FEMA on the area flood hazard maps for Lewis County dated December 15, 1981. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.225 Geologically hazardous areas.
“Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.230 Ground water.
“Ground water” means that part of the subsurface water that is in the zone of saturation (below the water table), as distinct from vadose water (above the water table). [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.235 Habitat management plan.
“Habitat management plan” means a plan prepared for a regulated wildlife habitat critical area and intended to provide for the site-specific protection of endangered, threatened, and sensitive species and their habitats. The plans are to be based on the unique characteristics of the species, as well as surrounding land uses in relation to the proposed activity and landowner goals. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.240 Hazardous substances.
“Hazardous substances” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.245 High intensity uses.
“High intensity uses” means uses which by their nature have the potential for significant impact and will be regulated using a review process coupled with SEPA review, or, for SEPA exempt properties, substantially similar to SEPA review. Except as provided herein, high intensity uses shall include all uses not specifically identified as low intensity uses. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.250 Hydric soil.
“Hydric soil” means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of a hydric soil shall be determined following the methods described in the 1987 Corps of Engineers Wetlands Delineation Manual. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.255 Incidental amounts.
“Incidental amounts” means amounts unlikely to create negative health and/or safety impacts. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.260 Land use development permits.
“Land use development permits” means all subdivision approvals including short plats, preliminary plat approvals, shoreline substantial development permits, site plans for mobile home parks, building permits for any new structure or which increase an existing structure’s floor area by more than 10 percent; building permits for structures that have associated grading or filling activity in excess of 100 yards; and road approval permits for other than single-family homes. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.265 Landslide hazard areas.
“Landslide hazard areas” means areas potentially subject to landslides based on a combination of geologic, topographic, and hydrogeologic factors. They include areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.270 Low intensity uses.
“Low intensity uses” means uses which by their nature generally have a low or moderate impact on the environment in which they occur and will be regulated using a single or short form of approval. Except as provided, low intensity uses shall include:
(1) Agricultural uses, except those uses involving:
(a) Livestock in excess of grazing best management practices recommended by the Natural Resources Conservation Service;
(b) Machinery storage, fueling, and maintenance; or
(c) Storage of petroleum, fertilizers, pesticides, and herbicides.
(2) Residential uses with less than 35 percent impervious surface of the parcel.
(3) Commercial uses with less than 50 percent impervious surface, less than 5,000-square-foot buildings, and all storm water treated through storm drains consistent with county standards.
(4) Any use similar in size, scale, and impact to uses (1) to (3) where the rate of the storm water discharged from the site is less than 110 percent of the rate storm water discharged in a predevelopment state, and all storm water discharged to the wetland has been treated through storm drains consistent with county standards. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150A, 1996; Ord. 1150 § 2, 1996]
17.35.275 Mine hazard areas.
“Mine hazard areas” means areas underlain by, adjacent to, or affected by mine workings such as adits (mine entrances), gangways (haulage tunnels), drafts, or air shafts. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.280 Mitigation.
“Mitigation” means actions taken to replace or enhance critical area functions impacted by a land use development permitted under this chapter. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.285 Mudflow.
“Mudflow” means a general term for a mass-movement landform and a process characterized by a flowing mass of predominantly fine-grained earth material possessing a high degree of fluidity during movement. If more than half of the solid fraction of such a mass consists of material larger than sand size, the term “debris flow” is preferable. The water content of mudflows may range up to 60 percent with increasing fluidity, mudflows grade into muddy floods; with less fluidity, they grade into earthflows. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.290 Native vegetation.
“Native vegetation” means plant species which are indigenous to the site in question. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.295 Person.
“Person” means an individual, firm, copartnership, association, corporation, or other legal entity. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.300 Priority habitats.
“Priority habitats” means areas associated with a species listing by the Washington State Department of Fish and Wildlife, Priority Habitat and Species Program and which, if altered, may reduce the likelihood that the species will maintain or increase its population over the long term. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.305 Priority habitat and species database.
“Priority habitat and species database” means the database for the Washington State Department of Fish and Wildlife (WDFW) Priority Habitat and Species (PHS) Program which provides the following three products:
(1) Lists of the WDFW’s most important habitats and species;
(2) Management recommendations for each priority habitat and species; and
(3) Maps showing the geographic location of priority habitats and species. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.315 Priority species.
“Priority species” means animal species listed by the Washington State Department of Fish and Wildlife, Priority Habitat and Species Program, that are of concern due to their low population and/or their sensitivity to habitat manipulation. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.320 Protection.
“Protection” means action to avoid or mitigate impacts to critical areas consistent with the requirements of this chapter may be applied consistent with priorities, in order to preserve the structure, values, and functions of the natural environment. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.325 Pyroclastic flow.
“Pyroclastic flow” means the geologic process and products of hot clouds of ash, volcanic rock, and gas that flow rapidly downslope under gravity. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.330 Qualified critical area professional.
“Qualified critical area professional” means a person with experience, education, and professional degrees and/or training pertaining to the critical area in question, and with experience in performing delineations, analyzing critical area functions and values, analyzing critical area impacts, and recommending critical area mitigation and restoration. The administrator may require professionals to demonstrate the basis for qualifications and shall make final determination as to qualifications. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.335 Secondary containment.
“Secondary containment” must be:
(1) Impervious to the materials held in the primary container(s).
(2) Large enough to hold 100 percent of the material in the largest container, or 10 percent of the total volume of all containers, or whichever volume is larger.
(3) Large enough to also hold rainwater which would reasonably be expected to collect in 24 hours during a major storm, if the containment is exposed to the weather. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.340 Seismic hazard areas.
“Seismic hazard areas” means areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.345 Sensitive, endangered, threatened species.
Lewis County adopts the state definitions as set forth in WAC 232-12-001, 232-12-011, and 232-12-014. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.350 Septage waste.
“Septage waste” means septic tank or holding tank pumpage which has not been subject to a wastewater treatment process. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.355 Sewage sludge.
“Sewage sludge” means semisolid matter consisting of settled sewage solids combined with varying amounts of water and dissolved material, remaining after the completion of wastewater treatment. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.360 Significant.
“Significant” means a condition which would have a negative impact on human health and/or safety as determined by a recognized authority. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.365 Significantly affect the quality.
“Significantly affect the quality” means a measurable impact on characteristics thereof, on a relative or absolute basis, of which more than a moderate level of effect is a reasonable probability. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.370 Storm water management facilities.
“Storm water management facilities” include biofiltration swales, filter strips, bubble diffusers, detention ponds, retention ponds, wet ponds, and similar facilities designed and intended to control and treat storm waters, and include ditches designed and intended primarily for conveyance. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.375 Streams.
“Streams” means those areas where naturally occurring surface waters flow sufficiently to produce a defined channel or bed which demonstrates clear evidence of the passage of water, including, but not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water during the entire year. This definition does not include watercourses which were created entirely by artificial means, such as irrigation ditches, canals, roadside ditches, or storm or surface water runoff features, unless the artificially created watercourse contains salmonids or conveys a stream that was naturally occurring prior to the construction of the artificially created watercourse. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.380 System function and values.
“System function and values” is a technical term used to identify the role of a critical area in a given area as opposed to its mere physical presence and size; used most often when comparing alternatives for mitigation purposes. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.385 Utility lines.
“Utility lines” means a pipe, conduit, cable, or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electrical power, gas, communications, and storm water or sanitary sewer transport facilities. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.390 Volcanic hazard areas.
“Volcanic hazard areas” means areas subject to pyroclastic flows, lava flows, debris avalanche, inundation by debris flows, mudflows, or related flooding from volcanic activity. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.395 Water table.
In pervious granular materials the “water table” is the upper surface of the body of free water which completely fills all openings in material sufficiently pervious to permit percolation. In fractured impervious rocks and in solution opening, it is the surface at the contact between the water body in the openings and the overlying ground air. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.400 Watershed.
“Watershed” means an area draining to the surface water systems of the Chehalis, Cowlitz, Deschutes, or Nisqually Rivers. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.405 Wetland - Wetlands.
“Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate the conversion of wetlands. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.410 Wetland buffer, buffer, or buffer zones.
“Wetland buffer,” “buffer,” or “buffer zones” means areas that surround and protect critical areas from adverse impacts to their functions and values. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
17.35.415 Wetland enhancement.
“Wetland enhancement” means a type of mitigation performed to improve the condition of existing degraded wetlands so that the functions and values provided are of a higher quality. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150A, 1996; Ord. 1150 § 2, 1996]
17.35.420 Wetland functions and values.
A given wetland may provide one or more functions, which fall into two classes: (1) human health and safety and (2) public welfare. Human health and safety functions include floodwater storage, water purification, and (in limited situations) aquifer recharge. Public welfare functions include wildlife habitat. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 2, 1996]
Article III. General Requirements
17.35.430 Applicability.
This chapter classifies and designates critical areas in Lewis County and establishes regulations for the protection of critical areas, human health, and safety. Lewis County shall not grant any permit, license, or other development approval to alter the condition of any land, water, or vegetation, or to construct or to alter any structure or improvement, nor shall any person alter the condition of any land, water, or vegetation, or construct or alter any structure or improvement, for any development proposal regulated by this chapter, except in compliance with the provisions of this chapter. Failure to comply with the provisions of this chapter shall be considered a violation and subject to enforcement procedures. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.1, 1996]
17.35.440 Relationship to other regulations.
Areas characterized by a particular critical area may also be subject to other regulations due to the overlap of multiple functions of critical areas. In the event of any conflict between these regulations and other regulations of the county, the regulations which provide the greater protection for the particular critical areas still apply. No permit granted pursuant to this chapter shall remove the applicant’s obligation to comply in all respects with provision of any federal, state, or local law or regulation. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.2, 1996]
17.35.450 General exemptions.
The following activities shall be exempt from the provisions of this chapter:
(1) Existing and on-going agricultural activities on lands designated as critical areas on the effective date of the ordinance codified in this chapter;
(2) Normal and routine maintenance and operation of existing irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, landscape amenities, farm ponds, fish ponds, manure lagoons, and livestock water ponds; provided, that such activities do not involve conversion of any critical area not being used for such activities to another land use;
(3) Construction, maintenance, operation, repair, or replacement of existing utility facilities and associated rights-of-way, including but not limited to reasonable access roads;
(4) Passive recreational uses, sport fishing or hunting, scientific or educational review, or similar minimal impact, nondevelopment activities;
(5) Site investigative work required by a city, county, state, or federal agency in conjunction with the preparation of a land use application submittal such as surveys, soil logs, percolation tests, and other related activities. In any such activity, impacts on environmentally critical areas are avoided where possible and minimized where necessary, and disbursed to the extent possible. Critical areas are restored to the pre-existing level of function and value within one year after tests are concluded;
(6) Maintenance, operation, reconstruction of or addition to existing roads, streets, and driveways; provided, that reconstruction of any such facilities does not extend outside the previously disturbed area;
(7) Any projects currently under review and “vested” as that term is used in RCW 19.27.095 and 58.17.033 by local, state, or federal agencies prior to official adoption of the ordinance codified in this chapter are exempt from this chapter and will be grandfathered under previous critical areas protection measures. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.3, 1996]
17.35.460 Application requirements.
This chapter is an overlay similar to Chapter 43.21C RCW. No separate “application” or permit is required. The criteria and requirements of this section must be addressed, however, in connection with all land use or development permits issued by Lewis County. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.4, 1996]
17.35.470 Designation of the administrator.
The planning manager of the Lewis County department of community development or his or her designee shall be responsible for applying the provisions and requirements of this chapter.* [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.5, 1996]
17.35.480 Appeals.
(1) Any decision of the administrator in the administration of this chapter may be appealed by the applicant to the hearing examiner. The decision shall be based on the record at the time the decision was issued.
(2) Appeals shall be filed in writing in duplicate with the hearing examiner within 10 calendar days of the date of the action being appealed. The appeal must specify the code section under which error is alleged and state facts from the record to demonstrate prima facie violation of the section in question.
(3) Upon the filing of an appeal, the hearing examiner shall set the time and place at which the matter will be considered. At least 10 calendar days’ notice of such time and place, together with one copy of the written appeal, shall be given to the appellant. The appeal shall follow the requirements for a closed record appeal in Chapter 2.25 LCC.
(4) The hearing examiner may reverse or affirm wholly or in part the decision of the administrator. The hearing examiner may also remand if it appears that new or supplemental information may change the result reached. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.6, 1996]
17.35.490 Penalties and enforcement.
(1) It shall be unlawful for any person, firm, corporation, or association, or agent thereof, to violate any provision of this chapter. Under RCW 58.17.300, any such person or other such party who violates Chapter 58.17 RCW or such provision of this chapter as is required thereunder, with respect to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of land shall be guilty of a gross misdemeanor and each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of said RCW chapter or portions of this chapter as are required thereunder shall be deemed a separate and distinct offense.
(2) In addition to or in lieu of the penalties in subsection (1) of this section, any person, firm, corporation, association, or agent thereof that violates the provisions of this chapter shall be subject to the enforcement provisions of Chapter 17.07 LCC. [Ord. 1192 §6, 2006; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.7(A), 1996]
17.35.500 Notice of violation and order.
A notice of violation and order for the penalty may be issued by the administrator or designee when there is a finding by such official that a violation of this chapter has occurred or is occurring.
(1) The administrator shall issue such notice and order in writing to the person(s) creating, causing, participating in, or allowing the violation.
(2) The notice of violation and order shall contain the following:
(a) The name and mailing address of the property owner or other person(s) to whom the notice of violation is directed by the administrator;
(b) A street address or legal description adequate for the identification of the activity, property, or portion thereof upon which the violation is based;
(c) A description of the violation and a reference to the nature of the regulation violated which is sufficient to reasonably apprise the recipient of the nature of the violation;
(d) A statement of the action required or action to be terminated to correct the violation and a time or date by which the corrective action must be completed so as to avoid penalty and legal actions for injunctions and abatement;
(e) A statement that a civil penalty for each violation may be assessed against the person(s) to whom the notice and order to correct the violation is directed for each and every day for which the violation continues;
(f) A statement that the violation may also constitute a criminal gross misdemeanor for each and every day, or portion of a day, for which the violation continues.
(3) The notice shall be served upon the person(s) to whom it is directed, either personally or by mailing a copy of the notice by certified mail, postage prepaid, and return receipt requested, to such persons at their last known mailing address. Proof of service shall be made at the time of service by written declaration under penalty of perjury executed by the party effecting such service, and declaring the date of service and, in the case of personal service, the time of service, and the manner by which service was made.
(4) Except in criminal enforcement actions, upon the written request by the person(s) upon whom service was made, or their legal representative, and for good cause shown (as with substantial completion of corrective actions or unforeseeable circumstances which render good faith attempts at completion impossible), the administrator may extend the time or date originally set for completion of corrective action.
(5) Except in criminal enforcement actions, an informal administrative conference involving the person(s) receiving the notice may be conducted at any time by the administrator for the purposes of presenting facts and law relating to an alleged violation, promoting communication between the parties, and providing a nonadversarial forum for the resolution of any violation. The administrator shall determine whether or not to hold such conference, the attendance, and the agenda thereof, and, at the conclusion of the conference, may independently affirm or revoke the notice and penalty, or modify such notice and penalty by joint stipulation of the parties. [Ord. 1192 §7, 2006; Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.7(B), 1996]
17.35.510 Additional enforcement actions.
The office of the Lewis County prosecuting attorney may bring such additional injunctive, declaratory, or other actions as are necessary to ensure compliance with this chapter, and county and state laws, and the costs of such action shall be taxed by the prosecuting attorney against the person committing the violation. In the enforcement of this chapter and Chapter 58.17 RCW, the prosecuting attorney may accept assurance of discontinuance of any act or practice deemed in violation thereof from any person engaging in, or who has engaged in such act or practice. A violation of such assurance shall for purposes of prosecuting constitute and serve as prima facie proof of violation of this chapter or Chapter 58.17 RCW. Acceptance of such assurance does not relieve a party from compliance with this chapter or state law. With respect to enforcement of Chapter 58.17 RCW and with court actions filed pursuant to this chapter, any such assurance shall be in writing and be filed with and subject to the approval of the superior court. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.7(C), 1996]
17.35.520 Nonconforming activities.
An established use or existing structure that was lawfully permitted prior to adoption of the ordinance codified in this chapter, but which is not in compliance with this chapter, may continue subject to the following:
(1) Nonconforming uses shall not be expanded or changed in any way that increases the nonconformity without a permit or other approval issued pursuant to the provisions of this chapter;
(2) Existing structures shall not be expanded or altered in any manner which will increase the nonconformity without a permit or other approval issued pursuant to the provisions of this chapter, except one-family dwellings and accessory structures may be expanded or altered as follows: Reconstruction, remodeling, or maintenance of one-family dwellings and accessory structures existing on the effective date of the ordinance codified in this chapter shall be allowed; provided, that a one-time only expansion of the building footprint does not increase that footprint by more than 25 percent;
(3) Activities or uses which are abandoned. A use discontinued for 60 months shall be presumed abandoned, but such presumption may be rebutted. An abandoned use or structure is allowed to resume only if in compliance with this chapter; and
(4) Nonconforming structures destroyed by fire, explosion, or other casualty may be replaced or restored if reconstruction of the same facility is commenced within two years of such damage. The reconstruction or restoration shall not serve to expand, enlarge, or increase the extent of the nonconformity. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.8, 1996]
17.35.530 Variances.
(1) If an applicant for a proposal demonstrates to the satisfaction of the administrator that application of the standards of this chapter would constitute an extraordinary hardship to the applicant, a variance to such standards shall be granted if the applicant also demonstrates all the following to the satisfaction of the administrator:
(a) That no commercially viable use with less impact on the critical area is possible which would not pose an extraordinary hardship on the applicant;
(b) That there is no commercially viable alternative to the proposed activities, including reduction in density, phasing of project implementation, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to the critical area and its related buffer;
(c) That the proposed activities will result in minimum feasible alteration or impairment to the critical area’s functional characteristics and its existing environment;
(d) That disturbance of critical areas has been minimized by locating any necessary alteration in a related buffer to the extent possible;
(e) That the proposed activities will not jeopardize the continued existence of species listed by the federal government or the state as endangered, threatened, or sensitive species or habitats;
(f) That the proposed activities will not significantly affect the quality of ground water or surface water quality;
(g) That the proposed activities comply with all state, local, and federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal;
(h) That any and all alterations to critical areas and their related buffers will be mitigated as required by the provisions of this chapter;
(i) That there will be no injury to nearby public or private property and no significant affect upon the health, safety, or welfare of persons within or outside of the property; and
(j) That the need for a variance is not the result of deliberate actions by the applicant or prior owners after the effective date of the ordinance codified in this chapter.
(2) Notice of a variance request shall be given in conjunction with the notice of any permit application; provided, that if such permit application does not require a public hearing, the variance request shall be scheduled for hearing before the administrator upon the same notice as provided for other public hearings required by county subdivision ordinance. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.9, 1996]
17.35.540 Nonregulatory incentives.
The following nonregulatory incentives shall apply to all critical areas:
(1) Assessment Relief.
(a) The Lewis County assessor shall consider the impact of the critical area regulations contained in this chapter on property values when determining the fair market value of land.
(b) Any owner of a critical area and its buffer who has dedicated a conservation easement to or entered into a perpetual conservation restriction with a department of the local, state, or federal government; or to a nonprofit organization to permanently control some or all of the uses and activities within this area may request that the Lewis County assessor reevaluate that specific area with those restrictions.
(c) The administrator shall notify the assessor’s office of any application of this chapter which results in building restrictions on a particular site.
(2) Open Space. Subject to the criteria established by law, any person who owns a critical area as identified by this chapter may apply for current use assessment pursuant to Chapter 84.34 RCW. The Open Space Tax Act allows Lewis County to designate lands which should be taxed at their “current use value.” The county has programs for agricultural lands, small forest lands less than 20 acres in size, and other open spaces. Lewis County has adopted a public benefit rating system which classifies properties on the basis of their relative importance of natural and cultural resources, the availability of public access, and the presence of a “conservation easement.” These features are given a point value, and the total point value determines the property tax reduction. Lands with an important habitat or species would commonly qualify for this voluntary program. Applications are approved by the board of county commissioners following a public hearing.
(3) Conservation Easement. Any person who owns an identified critical area as defined by this chapter may offer a conservation easement over that portion of the property designated a critical area naming the county or its qualified designee under RCW 64.04.130 as the beneficiary of the easement. The purpose of the conservation easement shall be to protect, preserve, maintain, restore, limit the future use of, or conserve for open space purposes the land designated as critical area(s), in accordance with RCW 64.04.130. Details governing easement restrictions and conditions of acceptance shall be negotiated between property owners and the county. Acceptance of such an easement and the consideration therefor, if any, shall be discretionary with the county and subject to the priorities for and availability of funds.
The administrator may attach such additional conditions of acceptance as deemed necessary to assure the preservation and protection of the affected wetlands and buffers within conservation easements to assure compliance with the purposes and requirements of this chapter.
The responsibility for maintaining conservation easements shall be held by the overlying lot owner(s) or other appropriate entity as approved by the administrator.
Lewis County may establish appropriate processing fees for such conservation easements. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.10, 1996]
17.35.550 SEPA.
This chapter is a written policy of Lewis County enforceable through the State Environmental Policy Act, Chapter 43.21C RCW and specifically RCW 43.21C.065. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.11, 1996]
17.35.560 Judicial or legislative modification.
Should the Growth Management Act (Chapter 36.70A RCW) or the implementing regulations (Chapter 360-190 WAC) be challenged or modified by a court of competent jurisdiction or modified by the Legislature in any way affecting this chapter, this chapter shall be brought before the board of county commissioners not less than 30 days after such action is final to determine what, if any, changes may be required by reason of such action. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.12, 1996]
17.35.570 Cost recovery.
Unfunded costs incurred by the county, or its citizens, which are properly chargeable to the state or state agencies shall be billed to such agencies consistent with applicable rules and regulations for such cost recovery. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 3.13, 1996]
Article IV. Critical Area Regulations
Article IV(A). Wetlands
17.35.580 Identification.
(1) Lewis County adopts the U.S. Corps of Engineers Wetlands Delineation Manual, 1987 edition, for use in the identification of wetland areas.
(2) Lewis County will accept the delineation of a specific wetland by any agency identified in LCC 17.35.630(2) where a formal delineation was performed in conjunction with a referenced permit.
(3) Lewis County will accept a written determination by the U.S. Army Corps of Engineers, Washington State Department of Ecology, or the Washington State Department of Natural Resources that a specific parcel is not a wetland, so long as the determination is still applicable under state or federal law. Such determinations specifically include determinations of “prior converted croplands” as that term is defined under federal law. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150A, 1996; Ord. 1150 § 4.1(A), 1996]
17.35.590 Classification.
(1) Classes of Wetlands
(a) Class A Wetlands. All wetlands scoring a “Category I” or “Category II” rating under the Washington State Department of Ecology Washington State Wetlands Rating System for Western Washington, Section Edition, August 1993.
(b) Class B Wetlands. All wetlands scoring a “Category III” or “Category IV” rating on the WDOE rating scale.
(2) Presumptions. All contiguous wetlands over two acres shall be presumed to be Class A wetlands and all other wetlands shall be presumed to be Class B wetlands until a formal rating is made. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150A, 1996; Ord. 1150 § 4.1(B), 1996]
17.35.600 Allowed activities in wetlands and buffers.
(1) The following uses are specifically allowed in wetland or buffer areas subject to the priorities, protection, and mitigation requirements of this article:
(a) Utility lines and facilities, regional transmission facilities, local delivery systems, and hydroelectric generating facilities where reasonable nonwetland alternatives are unavailable.
(b) Public and private roadways and railroad facilities, including bridge construction and culvert installation, where reasonable nonwetland alternatives are unavailable.
(c) Maintenance, repair, or operation of existing structures, facilities, or improved areas, including minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions.
(d) Development activities allowed by permits issued in conjunction with LCC 17.35.630(1) and (2).
(e) Single-family residence and ordinary residential improvements on an existing legal lot where nonwetland alternatives are unavailable.
(f) Regional storm water detention/ retention facilities, identified in an adopted plan of an appropriate public agency.
(g) Golf courses in buffers only where at least 60 percent of the area of the required buffer is left undisturbed and at least 75 percent of the wetland perimeter remains bounded by a minimum 25-foot-wide undisturbed buffer.
(2) The following uses are necessary to fully enjoy and understand wetlands or to provide resource activities and are permitted without any specific protection or mitigation other than may be identified in an applicable permit.
(a) Conservation, preservation, or enhancement projects to protect functions and values of the critical area system, including activities and mitigation allowed pursuant to the mitigation priorities identified in LCC 17.35.030(4).
(b) Outdoor recreational or educational activities which do not significantly affect the function of the wetland or regulated buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.).
(c) Harvesting wild crops which do not significantly affect the function of the wetland or regulated buffer (does not include tilling of soil or alteration of wetland area).
(d) Existing and on-going agricultural activities, including maintenance of existing ditches and ponds.
(3) Wetland relocation when a plan is submitted as part of the critical area study which demonstrates that the following criteria are met:
(a) The relocation will improve wetland systems, functions and values, water quality, fish or wildlife habitats, or aquifer recharge (if hydrologically connected to a wetland).
(b) The plan must contain and show the following information: a topographic survey showing existing and proposed topography and location of the new wetland and buffer; and provisions for landscaping and long-term maintenance.
(c) Relocation will maintain or improve the functions and values of the wetland system.
(d) Natural materials and vegetation normally associated with the wetland will be utilized. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150A, 1996; Ord. 1150 § 4.1(C), 1996]
17.35.610 Protection.
Protection of wetland areas may be accomplished through one or a combination of the factors set forth in this section:
(1) Setbacks - Buffer.
(a) Class A wetlands - low intensity uses: 50 feet (not subject to reduction per subsections (4) and (5) of this section);
(b) Class A wetlands - high intensity uses: 100 feet;
(c) Class B wetlands - low intensity uses 50 feet;
(d) Class B wetlands - high intensity uses: 50 feet.
(2) Other Protections. All high intensity uses located within 50 feet of any Class B wetland or 75 feet of any Class A wetland shall provide screening of the wetland along the buffer edge sufficient to prevent the lights of auto traffic or required illumination of the facility from shining directly into the wetlands; provided, that this requirement shall not apply in any area where the width of the wetland is less than four times the width of the buffer.
(3) Order of Precedence.
(a) Urban Areas. In urban areas the setbacks in this wetlands section shall take precedence over setback standards in other critical areas, except for threatened or endangered species specifically identified under the critical habitat section. In the latter case, critical habitat criteria shall prevail.
(b) Rural Areas. In rural areas the setbacks for all critical areas shall be overlapping and the most restrictive shall apply; provided, however, where a conflict exists in connection with prime agricultural soils, the provisions of the agricultural resource section of Chapter 17.30 LCC shall take precedence.
(4) Allowed Alteration to Buffers - Averaging Buffer Widths. The width of a buffer may be averaged, thereby reducing the width of a portion of the buffer and increasing the width of another portion, if all of the following requirements are met:
(a) Averaging will not impair or reduce the habitat, water quality purification and enhancement, storm water detention, ground water recharge, shoreline protection, erosion protection, and other functions of the wetland and buffer.
(b) The total area of the buffer on the subject property is not less than the buffer which would be required if averaging was not allowed.
(c) No part of the width of the buffer is less than 50 percent of the required width or 25 feet, whichever is greater.
(5) Buffer Width Reduction. Buffer widths may be reduced if the buffer is enhanced in accordance with the following requirements:
(a) Buffers, or buffers reduced after buffer averaging, will have a minimal function or value based on existing physical characteristics.
(b) The applicant demonstrates that the proposed buffer enhancement, together with proposed buffer width reduction, will result in an increase in the functions and values of the buffer when compared with the functions and values of the standard buffer. The applicant may use a combination of storm drains, bioswales, and/or other natural and manmade items which provide the equivalent storm water treatment, flood storage, and habitat values as the replaced buffer in its predevelopment state.
(c) The applicant includes a comparative analysis of buffer values prior to and after enhancement, and demonstrates compliance with this section.
(d) The buffer width is not reduced below 50 percent of the standard buffer width or 25 feet, whichever is greater, and the total buffer area reduction is not less than 75 percent of the total buffer area before reduction. Any reduction below 50 feet will require “equivalent protection” as described in subsection (5)(b) of this section to equal a total of 50 feet.
(e) The functions and values of the wetland protected by the buffer are not decreased. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150A, 1996; Ord. 1150 § 4.1(D), 1996]
17.35.620 Mitigation conditions.
(1) County Permits. Where a project other than those identified in LCC 17.35.600(2) requires the disruption of a wetland, the wetland system, function, and values shall be protected or enhanced through mitigation as specified in this section. A mitigation plan shall be prepared that describes how the proposed mitigation will replace the functions and values of the altered wetland.
(a) Land Based Mitigation. Alteration of wetlands shall require either the creation, restoration, or enhancement of wetlands to provide equivalent or greater functions and values. In order to address the risk and time lag associated with creating, restoring, or enhancing wetlands, the following acreage replacement rations shall be required except as provided for in subsections (1)(b) and (c) of this section. These ratios assume that the replacement wetland will be similar in type and structure to the wetland being altered.
|
Class A Wetlands |
|
|
|
Category I |
|
4:1 |
|
Category II |
|
2:1 |
|
Class B Wetlands |
|
1.5:1 |
When enhancement of existing wetlands is proposed, the above ratios shall be doubled.
(b) Increasing or Decreasing Replacement Ratios. Replacement ratios may be increased or decreased based on the following circumstances:
(i) Degree of uncertainty as to the probable success of the proposed mitigation;
(ii) The period of time between alteration of the wetland and replacement of lost functions and values;
(iii) Projected gains or losses in functions and values; provided, that findings of special studies coordinated with agencies with expertise demonstrate that no loss of wetland functions or values results from a reduced ratio;
(iv) A minimum acreage replacement ratio of 1:1 shall be required except as provided in subsection (1)(c) and (d) of this section.
(c) Replacing Functions and Values. In lieu of area-based mitigation provided above, an applicant may propose mitigation in the form of equivalent functions and values. Such a proposal shall:
(i) Only be allowed when the wetland being altered is not a Category I wetland under the WDOE rating system.
(ii) Include documentation (the “report”) from a qualified critical area professional that describes how the proposed mitigation will replace or improve upon the functions and values provided by the altered wetland. This shall include a detailed assessment of the functions and values provided by the wetland to be altered and a detailed assessment of the functions and values to be provided by the proposed mitigation action. The report shall demonstrate:
(A) Degree of uncertainty as to the probable success of the proposed mitigation;
(B) The period of time between alteration of the wetland and replacement of lost functions and values;
(C) Projected gains or losses in functions and values; provided, that findings of special studies coordinated with agencies with expertise demonstrate that no loss of wetland functions or values results from a reduced ratio.
(iii) Be reviewed by county or other agency staff with expertise in wetland mitigation.
(d) Mitigation Banking. The process of creating wetlands to be used as mitigation for future unavoidable wetland impacts is encouraged. Close coordination with all potential permitting agencies is necessary to implementing a mitigation bank. The provisions of this chapter may be modified as appropriate to be consistent with a mitigation banking agreement signed by federal and state permitting agencies. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150A, 1996; Ord. 1150 § 4.1(E), 1996]
17.35.630 Processing.
(1) County Permits.
(a) Low Intensity Uses - Certificate of Compliance. Any applicant for a development permit for a low intensity use shall be in compliance with this section by submitting with the application for the development permit a certificate of compliance stating (i) that the author is a qualified critical area professional capable of identifying wetlands under the 1987 guidelines and determining the requirements of this section and (ii) the proposed structure or development is consistent with the requirements of this section. The county shall identify the process for a certificate of compliance through resolution.
(b) High Intensity Uses. Compliance with the requirements of this section shall be considered a material element of any permit approval. All technical analysis in connection with high intensity uses shall be by a qualified critical area professional.
(i) For projects requiring environmental review: Information demonstrating compliance with the standards of this section shall be submitted in connection with the environmental documents for all applications requiring environmental review and the environmental determination shall include a review of the material to determine an adequate demonstration of compliance with the requirements of this section. Enforcement of this section shall be pursuant to RCW 43.21C.065 and shall be material in any permit approval.
(ii) For projects exempt from environmental review: Information demonstrating compliance with the standards of this section shall be submitted in connection with the application documents for any development permit exempt from environmental review. A written finding of compliance, together with the reasons for such finding, shall be required in connection with the issuance of any county permit for a high intensity use.
(2) Other Agency Permits and Standards.
(a) Policy. The county desires to limit overlapping regulations and conflicting regulations. To this end, the county recognizes that a number of other permitting agencies do take steps to protect wetland areas. Where permits identified below are obtained in connection with a project in the county, the standards and/or approvals obtained in conjunction with such permits and approvals shall be “protective” of the wetland critical area and shall be deemed in compliance with the requirements of this chapter to the extent regulated by the permit in question.
Where any conflicts exist, requirements of the permits listed below shall supersede the provisions of LCC 17.35.600, 17.35.610 and 17.35.620.
(b) Permits Protective of Wetland Systems, Functions, and Values.
(i) An individual permit granted pursuant to Section 10 of the Rivers and Harbors Act of 1399, 33 USC § 403, or Section 404 of the Clean Water Act, 33 USC § 1344, by the U.S. Army Corps of Engineers or Nationwide Permit 21 (mines).
The standards of this chapter shall apply to all county permits for a project; provided, however, such county provision may be deleted or modified to reflect the federal requirement where the listed permit specifically addressed the issues of wetland and buffer protection.
(ii) An individual water quality certification given pursuant to Section 401 of the Clean Water Act by the Washington State Department of Ecology.
The standards of this chapter shall apply to all county permits for a project; provided, however, such county provision may be deleted or modified to reflect the federal requirement where the listed permit specifically addressed the issues of wetland and buffer protection.
(iii) Class I, II, or III forest practice permits and Class IV special permits issued by the Washington State Department of Natural Resources pursuant to the State Forest Practices Act.
(iv) Any agricultural practice which is the subject of a “resource conservation plan” approved by the Natural Resources Conservation Service which specifically incorporates recommended best management practices as a prerequisite to participating in specified federal farm programs.
(v) Any permit for substantial development in the shorelines of the state or of statewide significance which is consistent with the state Shoreline Management Act and the master program for Lewis County where wetland identification and protection has been specifically addressed. The standards of this chapter shall be a guideline for shoreline permits, but may be varied where required to meet shoreline goals and requirements. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150A, 1996; Ord. 1150 § 4.1(F), 1996]
17.35.640 References.
The following references provide an indication of wetland locations. Field conditions shall be used to determine the existence or extent of any wetland area. Reference sources:
(1) National Wetland Inventory USGS quadrangle maps on file at the county offices.
(2) Natural Resources Conservation Service, soils map for Lewis County, hydric soils designations. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150A, 1996; Ord. 1150 § 4.1(G), 1996]
Article IV(B). Fisheries Habitat
17.35.650 Identification.
Lewis County’s policy is to protect fisheries habitat as part of habitat conservation areas classified pursuant to Article IV(C) of this chapter for endangered, threatened, or sensitive species listed by the Washington State Department of Fish and Wildlife. Lewis County adopts the Department of Natural Resources’ Official Water Type Maps. Definitions are as identified in the water typing criteria in WAC 222-16-030; provided, however, that artificially created structures, ditches, canals, ponds, irrigation return ditches, and storm water channels of every type shall not be considered a stream for purposes of this section. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.2(A), 1996]
17.35.660 Classification.
Streams are classified Type 1-5 for critical area protection purposes based on the water typing criteria in WAC 222-16-030 as adopted by the state in June 1993 and summarized in Table 1 below. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.2(B), 1996]
|
Water Type |
1 |
2 |
3 |
4 |
5 |
|---|---|---|---|---|---|
|
Channel Width |
N/A |
20' or greater between ordinary high water mark (OHWM) |
Anadromous fish: 5' or wider between OHWM. Resident game fish: 10’ or wider between OHWM |
2' or wider between OHWM |
<2' between OHWM |
|
Gradient |
N/A |
<4% (<5% for off-channel drainages). |
Anadromous fish:<12%. Not upstream of a falls >10' high. Resident game fish: <12% |
N/A |
N/A |
|
Flow |
N/A |
N/A |
Anadromous fish: N/A Resident game fish:>0.3 CFS at summer low flow. |
N/A |
N/A |
|
Impoundment |
N/A |
Water surface area of 1 acre or greater at seasonal low flow. |
Anadromous fish: Surface area <1 acre at seasonal low flow. Resident game fish: Surface area <0.5 acres at seasonal low flow. |
N/A |
N/A |
|
Fisheries |
N/A |
Used by substantial numbers of anadromous or resident game fish for spawning, rearing and migration. |
Used by significant numbers of anadromous or resident game fish for spawning, rearing, and migration. |
Not used by significant numbers of fish. |
Not used by significant numbers of fish |
|
Diversion |
N/A |
Domestic use for 100 or more residences or campsites accommodation facility for 100 or more persons-includes upstream reach of 1,500' or until the drainage area is <50%, whichever is less. |
Domestic use for 10 or more residences or camp-sites, accommodation facility for 10 or more persons—includes up-stream reach of 1,500' or until the drainage area is <50%, whichever is less. |
N/A |
N/A |
|
Other |
All water within OHWM inventoried as “Shore-lines of the State” excluding related wetlands (typically 20 CFS) |
Streams flowing through campgrounds available to the public having 30 campsites or more. |
Contributes > 20% of the flow to a Type 1 or 2 water. Anadromous fish impoundments have outlet to stream with anadromous fish. |
All natural waters not classified as Type 1, 2, or 3 and for the purpose of protecting down-stream waters |
All natural water not classified as Type 1,2,3,or 4, or seepage areas, ponds, and drainageways having short runoff periods |
17.35.670 Allowed activities in streams and buffers.
(1) The following uses are specifically allowed in streams and buffer areas subject to the priorities, protection, and mitigation requirements of this article:
(a) Utility lines and facilities, regional transmission facilities, local delivery systems, and hydroelectric generating facilities where reasonable nonstream alternatives are unavailable;
(b) Public and private roadways and railroad facilities, including bridge construction and culvert installation, where reasonable nonstream alternatives are unavailable;
(c) Maintenance, repair, or operation of existing structures, facilities, or improved areas, including minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact stream-based functions;
(d) Development activities allowed by permits issued in conjunction with LCC 17.35.700(1) and (2);
(e) Single-family residence and ordinary residential improvements on an existing legal lot within the buffer only where alternatives outside the buffer are unavailable;
(f) Regional storm water detention/ retention facilities, identified in an adopted plan of an appropriate public agency.
(2) The following uses might be necessary to fully enjoy and understand fisheries habitats or to provide resource activities and are permitted without any specific protection or mitigation other than may be identified in an applicable permit.
(a) Conservation, preservation, or enhancement projects to protect functions and values of the critical area system, including activities and mitigation allowed pursuant to the mitigation priorities identified in LCC 17.35.030(4);
(b) Outdoor recreational or educational activities which do not significantly affect the function of the fisheries habitat or regulated buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.);
(c) Harvesting wild crops which do not significantly affect the function of the fisheries habitat or regulated buffer (does not include tilling of soil or alteration of fisheries habitat area);
(d) Existing and on-going agricultural activities, including maintenance of existing ditches and ponds;
(e) Golf courses in buffers only where at least 60 percent of the area of the required buffer is left undisturbed and at least required buffer is left undisturbed and at least 75 percent of the stream perimeter remains bounded by a minimum 25-foot-wide undisturbed buffer;
(f) Bank protection and flood protection, including flow control structures for regional retention/detention systems;
(g) In-stream fish and/or wildlife habitat enhancement.
(3) Stream relocation when a plan is submitted as part of the critical area study which demonstrates that the following criteria are met:
(a) The relocation will not significantly degrade water quality, fish or wildlife habitats, or aquifer recharge (if hydrologically connected to a wetland);
(b) The plan must contain and show the following information: a topographic survey showing existing and proposed topography and location of the new stream channel; and provisions for landscaping and long-term maintenance and for filling and revegetating the prior channel, if appropriate;
(c) Relocation will maintain or improve the functions and values of the fisheries habitat system;
(d) Natural materials and vegetation normally associated with the stream will be utilized;
(e) Spawning, rearing, and nesting areas will be created, if appropriate;
(f) Fish populations directly affected by the activity will be re-established, if appropriate;
(g) Current water flow characteristics compatible with fish habitat areas will be maintained. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.2(C), 1996]
17.35.680 Protection.
(1) Standard Buffer Width Requirements. The buffers for streams regulated under this article shall be distinguished between urban and rural characteristics. For purposes of this section, urban streams are those portions of streams which are contained within an urban growth boundary as designated by the county. Rural streams are those portions of streams which lie outside an urban growth boundary as designated by the county.
(a) Widths for required rural stream buffers:
|
Stream Type |
High Intensity Uses |
Low Intensity Uses |
|---|---|---|
|
Type 1 |
100 feet |
50 feet |
|
Type 2 |
100 feet |
50 feet |
|
Type 3 |
100 feet |
50 feet |
|
Type 4 |
50 feet |
25 feet |
|
Type 5* |
25 feet |
25 feet |
|
*(natural watercourse only) |
||
(b) Widths for required urban stream buffers (where storm water is contained through an approved storm drain system):
|
Stream Type |
High Intensity Uses |
Low Intensity Uses |
|---|---|---|
|
Type 1 |
100 feet |
50 feet |
|
Type 2 |
75 feet |
50 feet |
|
Type 3 |
50 feet |
50 feet |
|
Type 4 |
25 feet |
25 feet |
|
Type 5* |
10 feet |
10 feet |
|
*(natural watercourse only) |
||
(c) Measurement. For streams, the buffer shall be measured horizontally in a landward direction from the ordinary high water mark. Where lands adjacent to a stream display a continuous slope of 50 percent or greater, the buffer shall include such sloping areas. For Type 1, 2, and 3 streams, where the horizontal distance of the sloping area is greater than the required standard buffer, the buffer shall be extended to a point 25 feet beyond the top of the bank of the sloping area.
(2) Allowed Alteration to Buffers.
(a) Averaging Buffer Widths. The width of a buffer may be averaged, thereby reducing the width of a portion of the buffer and increasing the width of another portion, if all of the following requirements are met:
(i) Averaging will not impair or reduce the habitat, water quality purification and enhancement, storm water detention, ground water recharge, shoreline protection, erosion protection, and other functions of the stream and buffer;
(ii) The total area of the buffer on the subject property is not less than the buffer which would be required if averaging was not allowed;
(iii) No part of the width of the buffer is less than 50 percent of the required width or 25 feet, whichever is greater.
(b) Buffer Width Reduction. Buffer widths may be reduced if the buffer is enhanced in accordance with the following requirements:
(i) Buffers, or buffers reduced after buffer averaging, will have a minimal function or lue based on existing physical characteristics; va
(ii) The applicant demonstrates that the proposed buffer enhancement, together with proposed buffer width reduction, will result in an increase in the functions and values of the buffer when compared with the functions and values of the standard buffer;
(iii) The applicant includes a comparative analysis of buffer values prior to and after enhancement, and demonstrates compliance with this section;
(iv) The buffer width is not reduced below 50 percent of the standard buffer width or 25 feet, whichever is greater, and the total buffer area reduction is not less than 75 percent of the total buffer area before reduction;
(v) The functions and values of the stream protected by the buffer are not decreased. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.2(D), 1996]
17.35.690 Mitigation conditions.
(1) County Permits. Unless otherwise provided by this section, mitigation shall be required for loss of area or function and value of streams and buffers regulated under this section. When mitigation is required by this section, it shall address restoration, rehabilitation, and compensation in accordance with the following requirements:
(a) Restoration is required when a stream or buffer regulated under this section has been altered prior to project approval unless the alteration was authorized by law, or when streams and/or buffers are temporarily affected by construction or any other temporary phase of a project.
(b) Mitigation is required when a stream or buffer regulated under this section is permanently altered as a result of project approval or activity.
(c) On-site mitigation is preferred so as to assure that the plan results in mitigation for direct impacts resulting from the alteration.
(d) Off-site mitigation will be used only in those situations where appropriate, adequate on-site mitigation is not reasonable or desirable to achieve. Off-site mitigation is allowed where it better serves the purposes of this chapter. When off-site mitigation is allowed, it must occur within the same subdrainage basin as the project impact.
(e) Mitigation shall be completed prior to granting of final occupancy, or the completion or final approval of any development activity for which mitigation measures have been required. Bonding at 150 percent of the cost of uncompleted activities is an acceptable alternative to completion where a contract to complete the work is in force. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.2(E), 1996]
17.35.700 Processing.
(1) County Permits.
(a) Low Intensity Uses - Certificate of Compliance. Any applicant for a development permit for a low intensity use shall be in compliance with this section by submitting with the application for the development permit a certificate of compliance stating (i) that the author is qualified to identify streams under state guidelines and determine the requirements of this section and (ii) the proposed structure or development is consistent with the requirements of this section.
(b) High Intensity Uses. Compliance with the requirements of this section shall be considered a material element of any permit approval. All technical analysis in connection with high intensity uses shall be by a qualified critical area professional.
(i) For projects requiring environmental review: Information demonstrating compliance with the standards of this section shall be submitted in connection with the environmental documents for all applications requiring environmental review and the environmental determination shall include a review of the material to determine an adequate demonstration of compliance with the requirements of this section. Enforcement of this section shall be pursuant to RCW 43.21C.065 and shall be material in any permit approval.
(ii) For projects exempt from environmental review: Information demonstrating compliance with the standards of this section shall be submitted in connection with the application documents for any development permit exempt from environmental review. A written finding of compliance, together with the reasons for such finding, shall be required in connection with the issuance of any county permit for a high intensity use.
(2) Other Agency Permits and Standards.
(a) Policy. The county desires to limit overlapping regulations and conflicting regulations. To this end, the county recognizes that a number of other permitting agencies do take steps to protect stream areas. Where permits identified below are obtained in connection with project in the county, the standards and approvals obtained in conjunction with such permits and approvals shall be “protective” of the stream critical area and shall be deemed in compliance with the requirements of this chapter to the extent regulated by the permit in question.
Where any conflicts exist, such requirements shall supersede the provisions of LCC 17.35.670, 17.35.680 and 17.35.690.
(b) Permits Protective of Stream Systems, Functions, and Values.
(i) An individual permit granted pursuant to Section 10 of the Rivers and Harbors Act of 1899, 33 USC § 403, or Section 404 of the Clean Water Act, 33 USC § 1344, by the U.S. Army Corps of Engineers or Nationwide Permit 21 (mines).
(ii) An individual water quality certification given pursuant to Section 401 of the Clean Water Act by the Washington State Department of Ecology.
(iii) Class I, II, or III forest practice permits and Class IV special permits issued by the Washington State Department of Natural Resources pursuant to the State Forest Practices Act.
(iv) Any agricultural practice which is the subject of a “resource conservation plan” approved by the Natural Resources Conservation Service which specifically incorporates recommended best management practices as a prerequisite to participating in specified federal farm programs.
(v) Any permit for substantial development in the shorelines of the state or of state-wide significance which is consistent with the state Shoreline Management Act and the master program for Lewis County where stream identification and protection has been specifically addressed. The standards of this chapter shall be a guideline for shoreline permits, but may be varied where required to meet shoreline goals and requirements. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.2(F), 1996]
17.35.710 References.
The following references provide an indication of fisheries resources. Field conditions shall be used to determine the existence or extent of any classified stream area. Reference sources:
(1) DNR base maps for stream types and topography;
(2) WDFW Washington Rivers Information System, Salmon and Steelhead Inventory. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.2(G), 1996]
Article IV(C). Wildlife Habitat
17.35.720 Identification.
Lewis County adopts the Washington State Department of Fish and Wildlife Priority Habitats and Species Recommendations for Species and Habitats, listed at WAC 232-12-014 (Endangered); WAC 232-12-001 (Threatened) or WAC 232-12-011 (Sensitive); WAC 232-12-292 (Bald Eagle) or federally designated threatened or endangered species legally applicable to Lewis County by appropriately adopted regulation. The purpose of this section shall be the protection of such habitat consistent with the property rights of the property owners and occupants of Lewis County. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.3(A), 1996]
17.35.730 Classification.
The designation of a site as a wildlife critical habitat area shall apply to those lands where (1) the habitat in fact exists, (2) the habitat is in fact used for at least two consecutive seasons prior to the permit application, and (3) (within the urban area) the species will likely continue to use the habitat once full urbanization is reached (the 20-year buildout). [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.3(B), 1996]
17.35.740 Allowed activities in critical wildlife areas and buffers.
(1) The following uses are specifically allowed in critical wildlife habitat or buffer areas subject to the priorities, protection, and mitigation requirements of this article:
(a) Utility lines and facilities, hydroelectric generating facilities, regional transmission facilities, and local delivery systems where no reasonable alternatives are available;
(b) Public and private roadways and railroad facilities, including bridge construction and culvert installation, where reasonable nonwetland alternatives are unavailable;
(c) Maintenance, repair, or operation of existing structures, facilities, or improved areas, including minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact critical wildlife area functions and values;
(d) Development activities allowed by permits issued in conjunction with LCC 17.35.770(1) and (2);
(e) Single-family residence and ordinary residential improvements on an existing legal lot where no alternative outside the buffer is available;
(f) Regional storm water detention/ retention facilities, identified in an adopted plan of an appropriate public agency where no reasonable nonwildlife habitat alternative is available.
(2) The following uses are necessary to fully enjoy and understand critical wildlife habitat areas or to provide resource activities and are permitted without any specific protection or mitigation other than may be identified in an applicable permit:
(a) Conservation, preservation, or enhancement projects to protect functions and values of the critical area system, including activities and mitigation allowed pursuant to the mitigation priorities identified in LCC 17.35.030(4);
(b) Outdoor recreational or educational activities which do not significantly affect the function of the critical wildlife area or buffer (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.);
(c) Harvesting wild crops which do not significantly affect the function of the critical wildlife area or buffer (does not include alteration of a critical wildlife area);
(d) Existing and on-going agricultural activities, including maintenance of existing ditches and ponds;
(e) Golf courses in buffers only where at least 60 percent of the area of the required buffer is left undisturbed;
(f) Bank protection and flood protection, including flow control structures for regional retention/detention systems.
(3) Habitat relocation when a plan is submitted as part of the critical area study which demonstrates that the following criteria are met:
(a) The relocation will improve the critical area wildlife habitats;
(b) The plan must contain and show the following information: a topographic survey showing existing and proposed topography and location of the new habitat, and provisions for landscaping and long-term maintenance;
(c) Relocation will maintain or improve critical wildlife area habitat functions and values;
(d) Natural materials and vegetation normally associated with the habitat system will be utilized;
(e) Feeding, rearing, and nesting areas will be created, if applicable;
(f) Threatened, endangered, or sensitive species will be reestablished, if applicable;
(g) Critical wildlife area characteristics compatible with relevant threatened, endangered, or sensitive species habitat areas will be restored. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.3(C), 1996]
17.35.750 Protection.
(1) Lewis County adopts the recommendations of WDFW Management Recommendations for Washington’s Priority Habitat and Species, May 1991, as may be amended, for guidelines for habitat protection and buffer creation and maintenance for listed species.
(2) Consideration. In reviewing any land use development permit application involving a property on which priority habitat is located and to accomplish the priorities and protections of this chapter, the administrator shall consider conditioning any approval consistent with recommendations derived from criteria and recommendations from the WDFW Management Recommendations for Washington’s Priority Habitat and Species in the context of the location and importance of the parcel in the protection of the species identified. This provision does not apply to intentionally or unintentionally created habitat areas which were created in nonhabitat areas as a result of agricultural, forest, or mineral resource activities.
(3) Order of Precedence.
(a) Urban Areas. In urban areas the buffers in this wildlife habitat section will take precedence over other critical area buffers where:
(i) The habitat area is over one acre in size;
(ii) The listed species is in fact present; and
(iii) The Department of Fish and Wildlife can demonstrate a reasonable likelihood that the species in question is likely to remain on the site once full urbanization is reached (the 20-year buildout).
(b) Rural Areas. In rural areas the buffers for all critical areas shall be overlapping and the most restrictive shall apply. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.3(D), 1996]
17.35.760 Mitigation conditions.
(1) County Permits. Unless otherwise provided by this section, mitigation shall be required for loss of area or functions and values of wildlife habitat regulated under this section. When mitigation is required by this section, it shall address restoration, rehabilitation, and alternatives in accordance with the following requirements:
(a) Restoration is required when a wildlife habitat regulated under this section has been altered prior to project approval unless the alteration was authorized by law; or when wildlife habitats are temporarily affected by construction or any other temporary phase of a project.
(b) Mitigation is required when a wildlife habitat regulated under this section is permanently altered as a result of project approval or activity.
(c) On-site mitigation is preferred so as to assure that the plan results in mitigation for direct impacts resulting from the alteration.
(d) Off-site mitigation will be used only in those situations where appropriate, adequate on-site mitigation is not reasonable or desirable to achieve. Off-site mitigation is allowed where it better serves the purposes of this chapter. When off-site mitigation is allowed, it must occur within the same subbasin as the project impact.
(e) Mitigation shall be completed prior to granting of final occupancy, or the completion or final approval of any development activity for which mitigation measures have been required. Bonding at 150 percent of the cost of uncompleted activities is an acceptable alternative to completion where a contract to complete the work is in force. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.3(E), 1996]
17.35.770 Processing.
(1) County Permits. Where a critical area wildlife habitat is not dealt with in a permit identified in the above section, compliance with the requirements of this section shall be considered a material element of any permit approval.
Adverse effects shall be mitigated to ensure continuation of baseline populations for all priority species and any other species of local importance. Baseline populations are those population levels known to have been supported by the area in question with relative stability over the decade preceding the proposed development. Creation of isolated subpopulations of those species shall be avoided.
(a) Low Intensity Uses - Certificate of Compliance. Any applicant for a development permit for a low intensity use shall be in compliance with this section by submitting with the application for the development permit a certificate of compliance stating (i) that the author is qualified to identify critical habitat areas under state guidelines and determine the requirements of this section and (ii) the proposed structure or development is consistent with the requirements of this section.
(b) High Intensity Uses. Compliance with the requirements of this section shall be considered a material element of any permit approval. All technical analysis in connection with high intensity uses shall be by a qualified critical area professional.
(i) For projects requiring environmental review: Information demonstrating compliance with the standards of this section shall be submitted in connection with the environmental documents for all applications requiring environmental review and the environmental determination shall include a review of the material to determine an adequate demonstration of compliance with the requirements of this section. Enforcement of this section shall be pursuant to RCW 43.21C.065 and shall be material in any permit approval.
(ii) For projects exempt from environmental review: Information demonstrating compliance with the standards of this section shall be submitted in connection with the application documents for any development permit. A written finding of compliance, together with the reasons for such finding, shall be required in connection with the issuance of any county permit for a high intensity use.
(2) Other Agency Permits and Standards.
(a) Policy. The county desires to limit overlapping regulations and conflicting regulations. To this end, the county recognizes that a number of other permitting agencies do take steps to protect wildlife areas. Where permits identified below are obtained in connection with a project in the county, the standards and approvals obtained in conjunction with such permits and approvals shall be deemed in compliance with the requirements of this chapter for priority wildlife areas to the extent regulated by the permit in question.
(i) An individual permit granted pursuant to Section 10 of the Rivers and Harbors Act of 1899, 33 USC § 403, or Section 404 of the Clean Water Act, 33 USC § 1344, by the U.S. Army Corps of Engineers or Nationwide Permit 21 (mines).
(ii) An individual water quality certification given pursuant to Section 401 of the Clean Water Act by the Washington State Department of Ecology.
(iii) Class I, II, or III forest practice permits and Class IV special permits issued by the Washington State Department of Natural Resources pursuant to the State Forest Practices Act.
(iv) Any agricultural practice which is the subject of a “resource conservation plan” approved by the Natural Resources Conservation Service which specifically incorporates recommended best management practices as a prerequisite to participating in specified federal farm programs.
(v) Any permit for substantial development in the shorelines of the state or of state-wide significance which is consistent with the state Shoreline Master Program and the master program for Lewis County where habitat identification and protection of the subject habitat and species of consideration has been specifically addressed. [Ord.1170B, 2000; Ord. 1157, 1998; Ord. 1150 §4.3(F), 1996]
17.35.780 Limitation on applicability.
(1) Wildlife Habitat Criteria. Wildlife habitat criteria are recommended by the Washington State Department of Fish and Wildlife. Such recommendations shall be mandatory only to the extent they are:
(a) Part of a program adopted as a regulation by WDFW;
(b) Reasonably ascertainable; and
(c) Properly applicable to the property in question.
In other cases the recommendations shall be considered guidelines and the county may follow specific recommendations of a qualified critical area professional as to the scope and nature of mitigation to achieve a protection of the habitat system, functions, and values at issue for the project.
(2) Limitation. Lewis County will not rule on the constitutional enforceability of specific standards set by the Washington State Department of Fish and Wildlife. Nothing in this chapter, however, shall limit a property owner from challenging the applicability, reasonableness, or ability of the state to impose certain habitat conditions to a particular property or project. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.3(G), 1996]
17.35.790 References.
(1) Wildlife critical areas shall be field located based on applicable criteria.
(2) Lewis County maintains a wildlife critical areas map which may be used as a general reference. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.3(H), 1996]
Article IV(D). Frequently Flooded Areas
17.35.800 Purpose.
The purpose of the frequently flooded areas article is to help the public and private sectors avoid losses due to flood conditions in specific areas. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.4(A), 1996]
17.35.810 Classification.
For the purposes of this chapter, frequently flooded areas within Lewis County shall be classified using the following criteria: Frequently flooded areas shall be those lands identified by the Federal Emergency Management Agency as those areas falling within the 100-year frequency floodplain in the Flood Insurance Study for Lewis County, Washington, Unincorporated Areas, the most current version thereof with accompanying flood insurance rate maps and floodway maps. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.4(B), 1996]
17.35.820 Designation.
Lands within Lewis County meeting the classification criteria for frequently flooded areas are hereby so designated and subject to the standards and requirements set forth below. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.4(C), 1996]
17.35.830 Standards for permit decisions.
Development within designated frequently flooded areas shall be in compliance with Chapter 15.35 LCC, as now or hereafter amended, and/or the Lewis County shoreline management master program, as now or hereafter amended. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.4(D), 1996]
Article IV(E). Aquifer Recharge Areas
17.35.840 Purpose.
Once ground water is contaminated, it is difficult to clean and the cost of cleanup may be prohibitive. Since water, especially potable water, is such a vital resource, Lewis County will work to protect the water quality of its critical aquifers. Therefore, it is the policy of Lewis County to accomplish the following:
(1) To prevent significant degradation of ground water resources;
(2) To recognize the potential connection between surface and ground water resources;
(3) To balance competing needs for water under regulated activities while preserving essential natural functions and processes;
(4) To comply with Chapter 90.48 RCW, the Water Pollution Control Act of the state of Washington. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.5(A), 1996]
17.35.850 Classification.
Aquifer recharge areas are categorized according to the following standards and those contained in Table 2.
(1) Category I - Severe Aquifer Sensitivity. “Category I - Severe aquifer sensitivity” are those areas which provide rapid recharge with little protection, having highly permeable soils. The predominant soil series and types are those listed in Category I in Table 2.
(2) Category II - Moderate Aquifer Sensitivity. “Category II - Moderate aquifer sensitivity” are those areas with aquifers present, but which have a surface soil material that encourages run-off and slows water entry into the ground. The predominant soil series and types are those listed as Category II in Table 2.
|
Soil Survey Map No. & Soil Series/Name |
Category |
Category |
Category |
|
|---|---|---|---|---|
|
1. |
Alvor |
|
|
X |
|
2. |
Andaquepts |
|
|
X |
|
3. |
Andic Xerumbrepts |
|
|
X |
|
4. |
Aquic Xerofluvents |
X |
|
|
|
5. |
Astoria |
|
|
X |
|
6-10. |
Baumgard |
|
X |
|
|
11-15. |
Bellicum |
|
X |
|
|
16-20. |
Benham |
|
X |
|
|
21-22. |
Boistfort |
|
|
X |
|
23-25. |
Bromo |
|
X |
|
|
26-28. |
Buckpeak |
|
|
X |
|
29-30. |
Bunker |
|
|
X |
|
31-41. |
Cattcreek |
|
X |
|
|
42-44. |
Centralia |
|
|
X |
|
45-46. |
CentraliaVariant |
|
|
X |
|
47-48. |
Chehalis |
|
X |
|
|
49-56. |
Cinebar |
|
X |
|
|
57-60. |
Cispus |
|
X |
|
|
61. |
Cloquato |
X |
|
|
|
62-69. |
Colter |
|
X |
|
|
70-74. |
Cotteral |
|
X |
|
|
75. |
Cryaquepts |
. |
|
X |
|
76. |
Cryohemists |
|
|
X |
|
77-78. |
Dobbs |
|
|
X |
|
79-83. |
Domell |
|
|
X |
|
84. |
Doty |
|
X |
|
|
85. |
Elochman |
|
|
X |
|
86-87. |
Ferteg |
|
|
X |
|
88. |
Fluvaquentic Humaquepts |
X |
|
|
|
89-90. |
Galvin |
|
X |
|
|
91. |
Glenoma |
X |
|
|
|
92. |
Greenwater |
X |
|
|
|
93-98. |
Hatchet |
|
|
X |
|
99-103. |
Hoffstadt |
|
|
X |
|
104. |
Indianola |
X |
|
|
|
105-107. |
Jonas |
|
|
X |
|
108-110. |
Katula |
|
|
X |
|
111-113. |
Katula-Bunker Complex |
|
|
X |
|
114-115. |
Katula - Rock Outcrop |
|
|
X |
|
116-117. |
Klaber |
|
X |
|
|
118-120. |
Lacamas |
|
|
X |
|
121 -122. |
Lates |
|
|
X |
|
123. |
Ledow |
X |
|
|
|
124-125. |
Lytell |
|
|
X |
|
126-127. |
Mal |
|
|
X |
|
128-129. |
Mashel |
|
|
X |
|
130-132. |
Melbourne |
|
X |
|
|
133. |
Mossyrock |
|
X |
|
|
134. |
Murnen |
|
|
X |
|
135. |
National |
X |
|
|
|
136-137. |
Nesika |
X |
|
|
|
138-139. |
Netrac |
X |
|
|
|
140-144. |
Nevat |
|
X |
|
|
145-147. |
Newaukum |
|
X |
|
|
148. |
Newberg |
X |
|
|
|
149. |
Nisqually |
X |
|
|
|
150-151. |
Ohana |
|
|
X |
|
152-154. |
Olequa |
|
X |
|
|
155-158. |
Olympic |
|
X |
|
|
159-165. |
Pheeney |
|
|
X |
|
166. |
Pits |
X |
|
|
|
167-169. |
Prather |
|
X |
|
|
170. |
Puget |
|
X |
|
|
171. |
Puyallup |
X |
|
|
|
172-173. |
Reed |
|
X |
|
|
174-179. |
Reichel |
|
|
X |
|
180. |
Riverwash |
X |
|
|
|
181-185. |
Rock outcrop |
|
|
X |
|
186. |
Rubbleland |
|
|
X |
|
187-190. |
Salkum |
|
|
X |
|
191 -192. |
Sauvola |
|
|
X |
|
193-195. |
Scamman |
|
X |
|
|
196-203. |
Schneider |
|
|
X |
|
204. |
Schooley |
|
X |
|
|
205. |
Semiahmoo |
|
|
X |
|
206-207. |
Siler |
X |
|
|
|
208-211. |
Skate |
X |
|
|
|
212. |
Spanaway |
X |
|
|
|
213. |
Squally |
|
X |
|
|
214-220. |
Stahl |
|
|
X |
|
221-223. |
Swem |
|
|
X |
|
224. |
Thrash |
|
|
X |
|
225-227. |
Tradedollar |
|
X |
|
|
228-229. |
Vader |
|
|
X |
|
230-235. |
Vailton |
|
|
X |
|
236. |
Voight |
|
|
X |
|
237-239. |
Walville |
|
|
X |
|
240-241. |
Wilkeson |
|
|
X |
|
242-246. |
Winston |
X |
|
|
|
247. |
Xerorthents, Spoils |
|
|
X |
|
248. |
Xerorthents, Steep |
|
X |
|
|
249. |
Zenker |
|
|
X |
|
250-253. |
Zynbar |
|
|
X |
|
254-255. |
Zynbar Variant |
|
|
X |
(3) Category III - Slight Aquifer Sensitivity. “Category III - Slight aquifer sensitivity” are those areas of low ground water availability and whose soil series are derived from basaltic, andesitic, or sedimentary rock or ancient glacial till which are parent material for soils with more clays at the surface. These geological formations do not provide abundant ground water. The predominant soil series and types are those listed as Category III in Table 2. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.5(B), 1996]
17.35.860 Designation.
(1) Lands of Lewis County meeting the classification criteria for aquifer recharge areas are hereby officially designated, pursuant to the mandate of RCW 36.70A.060 and 36.70A.170 as critical aquifer recharge areas.
(2) Aquifer Recharge Areas - Rating System Determinations. In cases of disputed soil series, or series boundary, and resulting aquifer recharge category, the administrator shall use all available information including reports by the United States Geological Survey, and technical assessments submitted in accordance with Table 2 of this chapter to make the final determination. This may include consultation with the USDA Natural Resource Conservation Service, the Washington Department of Natural Resources Division of Geology and Earth Resources, or a soil scientist certified by the American Registry of Certified Professionals in agronomy, crops, and soils. In areas that have been disturbed or the surface soil removed, as in gravel pits, the administrator shall determine the most appropriate category with geological and hydrological information. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.5(C), 1996]
17.35.870 Allowed activities.
(1) The following uses are specifically allowed in aquifer recharge areas subject to the priorities, protection, and mitigation requirements of this article:
(a) Utility lines and facilities, regional transmission facilities, and local delivery systems where reasonable nonaquifer recharge area alternatives are unavailable;
(b) Public and private roadways and railroad facilities, including bridge construction and culvert installation, where reasonable nonaquifer recharge area alternatives are unavailable;
(c) Maintenance, repair, or operation of existing structures, facilities, or improved areas, including, minor modification of existing serviceable structures where modification does not adversely impact aquifer recharge area functions;
(d) Development activities allowed by permits issued in conjunction with LCC 17.35.900(1) and (2);
(e) Single-family residence and ordinary residential improvements on an existing legal lot where nonaquifer recharge area alternatives are unavailable;
(f) Regional storm water detention/ retention facilities, identified in an adopted plan of an appropriate public agency;
(g) Golf courses.
(2) The following uses are necessary to fully enjoy and understand aquifer recharge areas or to provide resource activities and are permitted without any specific protection or mitigation other than may be identified in an applicable permit:
(a) Conservation, preservation, or enhancement projects to protect functions and values of the critical area system, including activities and mitigation allowed pursuant to the mitigation priorities identified in LCC 17.35.030(4);
(b) Outdoor recreational or educational activities which do not significantly affect the function of the aquifer recharge area (including wildlife management or viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.);
(c) Harvesting wild crops which do not significantly affect the function of the aquifer recharge area;
(d) Existing and on-going agricultural activities, including maintenance of existing ditches and ponds. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.5(D), 1996]
17.35.880 Protection.
(1) Low Intensity Uses. Any development on aquifer sensitive soils shall:
(a) Prohibit buried tanks of any petroleum or hazardous material unless the tank is double wall protected;
(b) Prohibit the discharge of petroleum or hazardous materials to any ditch, swale, or other non-impervious surfaced area where migration to the aquifer is a reasonable likelihood;
(c) Require oil-water separators for any impervious surface areas 5,000 square feet or larger.
(2) High Intensity Uses. High intensity uses shall have the same protective standards as low intensity standards and shall comply with additional requirements where specifically listed below, where using hazardous materials in excess of small quantity generator status, and shall comply with requirements identified on registered label or material safety data sheets.
(3) Special High Intensity Uses. The uses in Table 3 shall be reviewed as high intensity uses within any aquifer recharge area regardless of the size, where any petroleum or hazardous wastes as defined in Chapter 123-303 WAC are used or stored in excess of limits identified in Lewis County health department health section consistent with Chapter 123-303 WAC, as a risk to ground water quality.
(4) Additional Protection for Specified High Intensity Uses. The following protection standards shall apply to aquifer recharge area review and approval of uses or activities by the administrator set forth in LCC 17.35.870, above, within aquifer recharge areas. Certain uses and activities conducted within some aquifer sensitivity categories, as identified in Table 3 of this chapter will require the submission of a technical assessment to the administrator. The submission of additional information may also be required for some of the uses and activities identified within this subsection.
|
|
|
|
|
|
|
|
|
|---|---|---|---|---|---|---|---|
|
|
|
On Sewerage System |
Not on Sewerage System |
||||
|
|
|
CATEGORY |
CATEGORY |
||||
|
|
|
1 |
2 |
3 |
1 |
2 |
3 |
|
1. |
Biological Research |
S |
S |
S |
S |
S |
S |
|
2. |
Chemical Manufacturing, Mixing and Remanufacturing |
X/S |
X/S |
S |
X |
X |
X |
|
3. |
Chemical Research |
S |
S |
S |
S |
S |
S |
|
4. |
Chemical Waste Reprocessing |
X/S |
X/S |
S |
X |
X |
X |
|
5. |
Dry Cleaning (not clothing pick-up) |
S |
S |
S |
X |
X |
X |
|
6. |
Electroplating |
S |
S |
S |
X |
X |
X |
|
7. |
Fabric Coating |
S |
S |
S |
S |
S |
S |
|
8. |
Fiberglass Lamination Processes |
S |
S |
S |
S |
S |
S |
|
9. |
Fuel Pipelines |
S |
S |
S |
S |
S |
S |
|
10. |
Furniture Stripping |
S |
S |
S |
X/S |
X/S |
X/S |
|
11. |
Garages - Municipal, County, State |
S |
S |
S |
X/S |
X/S |
X/S |
|
12. |
Solid Waste Disposal Facilities |
X |
X |
S |
X |
X |
S |
|
13. |
Metal Processing with Etchers and Chemicals |
S |
S |
S |
X |
X |
X |
|
14. |
Printing and Publishing |
S |
S |
S |
S |
S |
S |
|
15. |
Solid Waste Handling/Processing |
S |
S |
S |
S |
S |
S |
|
16. |
Storage Tanks - Above Ground |
S |
S |
S |
S |
S |
S |
|
17. |
Storage Tanks - Underground |
S |
S |
S |
S |
S |
S |
|
18. |
Subdivision creating lots less than 2 acres in size |
S |
S |
S |
S |
S |
S |
|
19. |
Tanning |
S |
S |
S |
X/S |
X/S |
X/S |
|
20. |
Textile Dyeing |
S |
S |
S |
X/S |
X/S |
X/S |
|
21. |
Vehicle Repair |
S |
S |
S |
S |
S |
S |
|
22. |
Vehicle Wrecking |
S |
S |
S |
S |
S |
S |
|
23. |
Wood Preservers |
X/S |
X/S |
S |
X/S |
X/S |
S |
|
24. |
All other activities using, handling, or storing hazardous materials, or generating hazardous materials by their activities or actions |
S |
S |
S |
S |
S |
S |
|
25. |
Activities requiring an NPDES permit for process water or generating a waste water stream exceeding single-family residential strength, quantity, or quality |
S |
S |
S |
X/S |
X/S |
X/S |
|
Notes: |
|||||||
|
X |
= Prohibited. |
|
|
|
|
|
|
|
S |
=Allowed subject to the standards of this chapter. |
||||||
|
X/S |
= These uses shall be prohibited when proposed at the usual commercial or industrial scale. Small scale uses or using non-hazardous materials may be permitted when the quantity, nature of the materials used or stored on site, and mitigation methods proposed create no significant risk to ground water. |
||||||
(a) Aboveground Storage. Aboveground storage of petroleum products, wastewater or hazardous substances or dangerous wastes as defined in Chapter 173-303 WAC, or any other substances, solids, or liquids in quantities identified by the Lewis County health department environmental health section, consistent with Chapter 173-303 WAC, as a risk to ground water quality, shall be designed, constructed, and operated so as to:
(i) Prevent the release of such substances to the ground, ground waters, or surface waters; and
(ii) Have around and under it an impervious secondary containment area enclosing or underlying the container or part thereof;
(iii) Provide a written spill response plan, when requested, and give immediate spill notification to the Lewis County health department environmental health section;
(iv) Provide readable labeling as to contents and hazardous characteristics.
(b) Underground Storage Tanks and Vaults. Underground storage tanks and vaults used for the storage of petroleum products, wastewater, or hazardous substances or dangerous wastes as defined in Chapter 173-303 WAC, or any other substances, solids, or liquids in quantities identified by the Lewis County health department environmental health section, consistent with Chapter 173-303 WAC, as a risk to ground water quality, shall conform to Chapter 173-360 WAC and be designed, constructed and operated so as to:
(i) Prevent release, corrosion, or structural failure for the operational life of the tank or vault;
(ii) Be cathodically protected against corrosion, constructed of noncorrosive material, or steel clad with a noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance;
(iii) Use material in the construction or lining of the tank which is compatible with the substance to be stored;
(iv) Provide for release detection method(s);
(v) Provide a written spill response plan, when requested, and give immediate spill notification to the Lewis County health department environmental health section.
(c) Solid Waste Disposal. Landfills and other solid waste disposal facilities shall demonstrate that such facilities will not significantly impact ground water resources. In order to make such a determination, the administrator shall require the following information from the applicant:
(i) Geologic setting and soils information of the site and the surrounding area;
(ii) Water quality data, including pH, temperature, conductivity, nitrates, and bacteria;
(iii) Location and depth of any perched water tables;
(iv) Recharge potential of the facility in terms of permeability and transmissivity;
(v) Local ground water flow, direction, and gradient;
(vi) Location, depth, and other water quality data mentioned in subsection (4)(c)(ii) of this section on the three shallowest wells or springs located within 1,000 feet of the site;
(vii) Surface water locations within 1,000 feet of the site;
(viii) Discussion of the effects of the proposed project on ground water quality and quantity;
(ix) Recommendations on appropriate mitigation, if any, to assure that there is no significant effect on the quality of ground water;
(x) Provisions for contaminant release detection.
All lands on which the report indicates the proposed development would probably negatively impact the quality of the aquifer shall be prohibited unless the report can satisfactorily demonstrate that these negative impacts would be overcome in such a manner as to prevent significant affect on the quality of ground water.
(d) Junk Yards, Salvage Yards, Wrecking Yards, and Recycling Centers. Commercial and noncommercial enterprises in this category shall show that an adverse impact on ground water quality will not occur. To ensure such impact will not occur, the administrator shall require the following:
(i) A written management plan that will describe the “best management practices” to be used to prevent the contamination of ground water and/or soil. The written plan will be located at the site and must be made available upon request by the administrator during normal business hours;
(ii) Site specific geologic and soils information indicating the recharge potential of the facility site in terms of permeability and transmissivity;
(iii) Location and depth of any perched water tables;
(iv) Ground water quality monitoring may be required in cases where ground water contamination is considered likely or strongly suspected. Said monitoring will be conducted at the expense of the property owner and/or occupying business or enterprise having conducted the activities identified in this subsection;
(v) Identification of permanent and temporary or seasonal surface water bodies on the site and within 1,000 feet of the site.
(e) Divisions of Land. Subdivisions, short subdivisions, and other divisions of land shall be evaluated for their impact on ground water quality. The following measures may be required as determined by the Lewis County health department environmental health section:
(i) An analysis of the potential nitrate loading to the ground water may be required to assess the impact on ground water quality;
(ii) Alternative site designs, phased development, and/or ground water quality monitoring may be required to reduce contaminant loading where site conditions indicate that the proposed action will measurably degrade ground water quality;
(iii) Open spaces may be required on development proposals overlying areas highly susceptible to contamination of ground water resources;
(iv) Community/public water systems are encouraged and may be required where site conditions indicate a high degree of potential contamination to individual wells from on-site and off-site sources;
(v) Where wells are required to be abandoned, the applicant shall ensure that they are abandoned according to state guidelines;
(vi) It may be required that contaminants be removed from storm water runoff prior to their point of entry into surface or ground water resources using available and reasonable best management practices as approved by the Lewis County engineer.
(f) Storm Water Standards for Commercial and Industrial Uses. All new commercial and industrial land uses which either: (i) have greater than 5,000 square feet of impervious area; or (ii) handle, store; dispose, transport, or generate hazardous substances or wastes defined as dangerous or extremely dangerous wastes under Chapter 173-303 WAC (regardless of quantity), which may come in contact with storm water runoff including, but not limited to, gas stations and distributors, car washes, trucking companies, and paint shops, shall remove contaminants prior to their entry into surface or ground water resources using available and reasonable best management practices. Standard drywells are prohibited. Maintenance of storm water infiltration systems must be assured as a condition of permit approval.
(g) Parks, Schools, and Recreation Facilities. Fertilizer, herbicide, and pesticide management practices of schools, parks, golf courses, and other nonresidential facilities that maintain large landscaped areas shall be evaluated in relation to best management practices as recommended by the Cooperative Extension Service.
(h) Utility Transmission Facilities. New or expanded utility facilities which carry oil, gas, or any hazardous substance as defined by Chapter 173-303 WAC shall provide hydrogeologic information in addition to spill prevention measures and an emergency spill management plan.
(i) Sewage Sludge and Septage Disposal. Sewage sludge and septage disposal shall be prohibited within Category I aquifer recharge areas. Disposal within Category II and III aquifer recharge areas shall be subject to the requirements of 40 CFR Part 503, Subpart A;
(j) Hazardous Substances and Petroleum Activities. All other activities or actions involving the use, handling, storage, or generation of any amount of hazardous materials shall be subject to the protection standards set forth in Chapter 173-303 WAC.
Waste oil generating activities shall be subject to the provisions of Chapter 70.95I RCW.
Facilities with more than one 55-gallon drum or 450 pounds of hazardous substances or petroleum products on site at any one time shall:
(i) Keep and follow a written spill response plan; and
(ii) Establish a written best management practices plan that is site specific to prevent contamination of the environment.
Facilities shall report any significant spill out of containment to the Lewis County health department environmental health section within seven days of that spill. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.5(E), 1996]
17.35.890 Mitigation conditions.
(1) Mitigation Conditions. In addition to the conditions set forth in LCC 17.35.880(1) through (4), the administrator may require additional conditions which ensure that the specific use or activity will not significantly degrade ground water quality. Such conditions may include, but are not limited to the following:
(a) A written management plan for wastewater, hazardous products and hazardous waste, petroleum products and petroleum waste, and other materials judged by the administrator to be detrimental to ground water quality, that when implemented using best management practices, will prevent ground water contamination;
(b) Upgrading available on-site spill response equipment;
(c) Employee spill response training;
(d) Emergency service coordination measures;
(e) Ground water monitoring. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.5(F), 1996]
17.35.900 Processing.
(1) County Permits.
(a) Low Intensity Uses - Certificate of Compliance. Any applicant for a development permit for a low intensity use shall be in compliance with this section by submitting with the application for the development permit a certificate of compliance stating (i) that the author is qualified to identify aquifer recharge areas under state guidelines and determine the requirements of this section and (ii) the proposed structure or development is consistent with the requirements of this section.
(b) High Intensity Uses. Compliance with the requirements of this section shall be considered a material element of any permit approval. All technical analysis in connection with high intensity uses shall be by a qualified critical area professional.
(i) For projects requiring environmental review: Information demonstrating compliance with the standards of this section shall be submitted in connection with the environmental documents for all applications requiring environmental review and the environmental determination shall include a review of the material to determine an adequate demonstration of compliance with the requirements of this section. Enforcement of this section shall be pursuant to RCW 43.21C.065 and shall be material in any permit approval.
(ii) For projects exempt from environmental review: Information demonstrating compliance with the standards of this section shall be submitted in connection with the application documents for any development permit exempt from environmental review. A written finding of compliance, together with the reasons for such finding, shall be required in connection with the issuance of any county permit for a high intensity use.
(2) Other Agency Permits and Standards.
(a) Policy. The county desires to limit overlapping regulations and conflicting regulations. To this end, the county recognizes that a number of other permitting agencies do take steps to protect aquifer recharge areas.
Where permits identified below are obtained in connection with a project in the county, the standards and approvals obtained in conjunction with such permits and approvals shall be “protective” of the aquifer recharge critical area and shall be deemed in compliance with this chapter to the extent regulated by the permit in question.
Where any conflicts exist, such requirements shall supersede the provisions of LCC 17.35.870, 17.35.880 and 17.35.890.
(b) Permits Protective of Aquifer Recharge Functions.
(i) An individual permit granted pursuant to Section 10 of the Rivers and Harbors Act of 1899, 33 USC § 403, or Section 404 of the Clean Water Act, 33 USC § 1344, by the U.S. Army Corps of Engineers or Nationwide Permit 21 (mines).
(ii) An individual water quality certification given pursuant to Section 401 of the Clean Water Act by the Washington State Department of Ecology.
(iii) Class I, II, or III forest practice permits and Class IV special permits issued by the Washington State Department of Natural Resources pursuant to the State Forest Practices Act.
(iv) Any agricultural practice which is the subject of a “resource conservation plan” approved by the Natural Resources Conservation Service which specifically incorporates recommended best management practices as a prerequisite to participating in specified federal farm programs.
(v) Any permit for substantial development in the shorelines of the state or of state-wide significance which is consistent with the state Shoreline Management Act and the master program for Lewis County where aquifer recharge area identification and protection has been specifically addressed. The standards of this chapter shall be a guideline for shoreline permits, but may be varied where required to meet shoreline goals and requirements. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.5(G), 1996]
Article IV(F). Geologically Hazardous Areas
17.35.910 Purpose.
It is the purpose of this article to minimize hazards to the public from development activities on or adjacent to areas of geological hazard. For purposes of this chapter, geologically hazardous areas include the following: erosion hazard areas, landslide hazard areas, seismic hazard areas, mine hazard areas, and volcanic hazard areas. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.6(A), 1996]
17.35.920 Erosion and landslide hazard areas.
(1) Classification of Erosion and Landslide Hazard Areas.
(a) Erosion hazard areas are those areas that have a severe or very severe erosion potential as detailed in the soil descriptions contained in the Soil Survey of Lewis County Area, Washington, 1987, Soil Conservation Service, USDA.
(b) Landslide hazard areas are those areas meeting any of the following criteria:
(i) Areas of historic failure, such as areas designated as quaternary slumps, earthflows, mudflows, or landslides on maps published as the United States Geological Survey or Department of Natural Resources Division of Geology and Earth Resources;
(ii) Areas which are rated as unstable due to characteristics of the earth material and topography;
(iii) Any area with all of the following:
(A) A slope greater than 15 percent, and
(B) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock, and
(C) Springs or ground water seepage;
(iv) Slopes that are parallel or sub-parallel to planes of weakness;
(v) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking;
(vi) Areas potentially unstable as a result of rapid stream incision and streambank erosion;
(vii) Areas located in a canyon, on an alluvial fan, or presently or potentially subject to inundation by debris flows or catastrophic flooding;
(viii) Areas included in the Slope Stability Study of the Centralia-Chehalis Area, Lewis County, Washington by Allen J. Fiksdal, Department of Natural Resources, Division of Geology and Earth Resources, 1978: Areas mapped as “unstable,” “landslides,” and “old landslides” (if slopes are in excess of 30 percent);
(ix) Areas located outside the study area on the Slope Stability Study of the Centralia-Chehalis Area, regardless of slope, that are mapped as “landslide debris” in the following Open File Reports and maps at a scale of 1:100,000 available from the Washington State Department of Natural Resources, Division of Geology and Earth Resources:
(A) Open File Report 87-11, Centralia Quadrangle, by H.S. Schasse, 1987,
(B) Open File Report 87-16, Mount Rainier Quadrangle, by H.S. Schasse, 1987,
(C) Open File Report 87-4, Mount St. Helens Quadrangle, by W.M. Phillips, 1987,
(D) Open File Report 87-8, Chehalis River and Westport Quadrangle, by R.L. Logan, 1987,
(E) Open File Report 87-5, Mount Adams Quadrangle, by M.A. Korosec, 1987,
(F) Open File Report 87-2, Astoria and Ilwaco Quadrangle, by T.J. Walsh, 1987.
(2) Designation of Erosion and Landslide Hazard Areas. Lands of Lewis County meeting the classification criteria for erosion and landslide hazard areas are hereby, under Chapter 36.70A RCW, designated as erosion and landslide hazard areas.
(3) Applicability.
(a) When any provision of any other ordinance of Lewis County conflicts with this section, that provision which is intended for erosion and landslide hazard areas shall apply unless specifically provided otherwise in this chapter.
(b) The provisions of this section shall apply to any land use development permits in a landslide hazard area; provided, however, (i) that the expansion of preexisting structures shall be exempt so long as the intrusion into an erosion or landslide hazard area does not increase and (ii) these provisions do not apply to permits for single-family homes on existing lots of record where no alternative siting is available and the siting is approved by a professional engineer with regard to safety to the applicant and to down-gradient structures or population.
(4) Maps and Inventory.
(a) Erosion Hazard Areas. This chapter shall apply to all lots and parcels on which an erosion hazard area is located within the jurisdiction of Lewis County. The approximate location and extent of erosion hazard areas is displayed in the Soil Survey of Lewis County Area, Washington, 1987, Soil Conservation Service, USDA.
(b) Landslide Hazard Areas. See subsections (1)(b)(viii) and (ix) of this section.
(c) The soil survey may be relied upon by the administrator as a basis for requiring field investigation and special reports. In the event of a conflict between information contained in the soil survey and information shown as a result of a field investigation, the latter shall prevail.
(d) The maps and reports cited in subsections (1)(b)(viii) and (ix) of this section showing areas mapped as “landslide debris,” “landslides,” “old landslides,” “modified land,” “intermediate,” and “unstable” should be used only as a general guide for landslide hazard investigation. Detailed site investigations may be needed for site specific hazard identification and regulation.
(5) Development Standards for Erosion and Landslide Hazard Areas. Uses and activities subject to a land use development permit shall conform to the following standards.
(a) Grading.
(i) Clearing, grading, and other construction activities shall not aggravate or result in slope instability or surface sloughing;
(ii) Undergrowth shall be preserved to the extent feasible;
(iii) No dead vegetation (slash), fill, or other foreign material shall be placed within a landslide hazard area, other than that approved for bulkheads or other methods of streambank stabilization under the shoreline master program or if such fill is consistent with authorized activities specified in a geotechnical report;
(iv) Minimize ground disturbance to the extent feasible.
(b) Ground Surface Erosion Control Management.
(i) There shall be minimum disturbance of vegetation in order to minimize erosion and maintain existing stability of hazard areas;
(ii) Vegetation removal on the slopes of banks between the ordinary high water mark and the top of the banks shall be minimized because of the potential for erosion;
(iii) Vegetation and organic soil material shall be removed from a fill site prior to the placement of clean earthen material;
(iv) Vegetative cover shall be reestablished on any disturbed surface to the extent feasible;
(v) Groundcovers (approved geotechnical controls) such as filter fabrics, rip-rap, etc. shall be placed on any disturbed surface to the extent feasible.
(c) Drainage.
(i) Surface drainage, including downspouts, shall not be directed across the face of a hazard area. If drainage must be discharged from the top of a hazard area to its toe, it shall be collected above the top and directed to the toe by tight line drain, and provided with an energy dissipative device at the toe for discharge to a swale or other acceptable natural drainage areas.
(ii) Storm water retention and detention systems, including percolation systems utilizing buried pipe are strongly discouraged unless a geotechnical assessment indicates such a system shall not affect slope stability and the systems are designed by a licensed civil engineer. The licensed civil engineer shall also certify that the systems are installed as designed.
(d) On-Site Sewage Disposal System Drainfields. For the purpose of landslide or erosion control, the on-site sewage disposal system drainfields shall be located outside the hazard area and its buffer, unless otherwise justified by a qualified geotechnical engineer. The septic system drainfield must be in compliance with the regulations of the Lewis County health department or its successors.
(e) Lot Size. For the purpose of determining lot sizes within hazard areas, the administrator shall review available information, including any required geotechnical assessments and make a decision on a case-by-case basis based on the reports.
(f) Buffers.
(i) An undisturbed buffer adequate to assure that risk of slide is reduced to levels acceptable to geotechnical engineers shall be required for all structures intended for human user occupation. The buffer shall be measured on the surface and is required from the top, toe, and along all sides of any existing landslide or erosion hazard area.
(ii) The buffer shall be clearly staked before any construction or clearing takes place.
(g) Design Guidelines.
(i) Structures should be clustered where possible to reduce disturbance and removal of vegetation.
(ii) Foundations should conform to the natural contours of the slope and foundations should be stepped/tiered where possible to conform to existing topography of the site.
(iii) Roads, walkways, and parking areas should be designed with low gradients or parallel to the natural contours of the site.
(iv) Access should be in the least sensitive area of the site.
(h) No critical facilities shall be constructed or located within an erosion or landslide hazard area. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.6(B), 1996]
17.35.930 Mine hazard areas.
(1) Classification of Mine Hazard Areas. Mine hazard areas are those areas within 50 horizontal feet of a mine opening at the surface or which are underlain at a depth of 100 feet or less by mine workings identified in the Washington State Department of Natural Resources, Division of Geology and Earth Resources, Open File Report 94-7, The Washington State Coal Mines Map Collection: A Catalog, Index, and User’s Guide, by H.W. Schaase, M. Lorraine Koler, Nancy A. Eberle, and Rebecca A. Christie, 1994, 107 pages, and Open File Report 84-6, Inventory of Abandoned Coal Mines in the State of Washington, by F.V. LaSalata, M.C. Meard, T.J. Walsh, and H.W. Schaase, 1985, 42 pages.
(2) Designation of Mine Hazard Areas. Lands of Lewis County meeting the classification criteria for mine hazard areas are hereby, under Chapter 36.70A RCW, designated as mine hazard areas.
(3) Applicability.
(a) When any provision of any other ordinance of Lewis County conflicts with this section, that provision which is intended for mine hazard areas shall apply, unless specifically provided otherwise in this chapter.
(b) The provisions of this section shall apply only to land use development permits; provided, that the expansion of pre-existing structures shall be exempt so long as the intrusion into a mine hazard area does not increase.
(4) Maps and Inventory.
(a) Mine Hazard Areas. See subsection (1) of this section.
(b) The above referenced reports may be relied upon by the administrator as a basis for requiring field investigation and special reports. In the event of a conflict between the information shown in the reports and the results of a field investigation, the latter shall prevail.
(5) Development Standards for Mine Hazard Areas. Development on or near a mine hazard area requires applicant to first demonstrate that no hazard to health or safety, persons, or property exists at the proposed site as a result of the development. If a proposal is located on or near a mine hazard area, a geotechnical report may be required. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.6(C), 1996]
17.35.940 Seismic hazard areas.
(1) Classification of Seismic Hazard Areas. For the purposes of this classification, a seismic hazard area is any area subject to a Seismic Risk Zone 3 rating or higher.
(2) Designation of Seismic Hazard Areas. Lands of Lewis County meeting the criteria for seismic hazard areas are hereby, under Chapter 36.70A RCW, designated as seismic hazard areas.
(3) Applicability.
(a) When any provision of any other ordinance of Lewis County conflicts with this section, that provision which is intended for seismic hazard areas shall apply unless specifically provided otherwise in this chapter.
(b) The provisions of this section shall apply to land use development permits; provided, that the expansion of preexisting structures and facilities shall be exempt so long as the hazard to health or safety, persons, or property does not increase.
(4) Maps and Inventory.
(a) All of Lewis County lies within Seismic Risk Zones D0 and D1, as established by the International Building and Residential Codes.
(b) The administrator may require site specific field studies or special reports for the location of critical facilities within seismic hazard areas.
(5) Development Standards for Seismic Hazard Areas. All development within areas that meet the classification criteria for seismic hazard areas shall comply with the International Residential Code and International Building Code requirements for Seismic Risk Zones D0 and D1 as adopted by Lewis County. No other permits are required by this chapter for seismic hazards. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.6(D), 1996]
17.35.950 Volcanic hazard areas.
(1) Classification of Volcanic Hazard Areas. Volcanic hazard areas are areas where the risk to life and property by a large volcanic event is high. These areas in Lewis County include: debris flow, mudflow, and volcanic-induced flooding zones. Volcanic hazards in Lewis County are imposed by the two nearby volcanic peaks, Mount St. Helens and Mount Rainier, which lie sufficiently far from the county that risks of lava flows, pyroclastic flows, and volcanic ashfall deposits are extremely minimal. Mudflows and debris flows which occur in the drainage basins that headwater on active volcanos, Mt. St. Helens and Mt. Rainier, are described in the following reports:
(a) Development and Routing of Mudflow Resulting from Hypothetical Failure of Spirit Lake Debris Dam, Washington, by D.L. Kresch, Water Resource Investigations Report 91-4028, U.S. Geological Survey, 1992, 29 pages.
(b) Sedimentology, Behavior, and Hazards of Debris Flows at Mount Rainier, Washington, by K.M. Scott, P.T. Pringle, and J.W. Vallance, Open-File Report OP-90-0385, U.S. Geological Survey, 1992, 106 pages.
(2) Designation of Volcanic Hazard Areas. Lands of Lewis County meeting the classification criteria for volcanic hazard areas are hereby, under Chapter 36.70A RCW, designated as volcanic hazard areas.
(3) Applicability.
(a) When any provision of any other ordinance of Lewis County conflicts with this section, that provision which is intended for volcanic hazard areas shall apply unless specifically provided otherwise in this chapter.
(b) The provisions of this section shall apply only to all land use development permits; provided, that the expansion of preexisting structures and facilities shall be exempt so long as the hazard to health or safety, persons, or property does not increase.
(4) Maps and Inventory.
(a) Volcanic Hazard Areas. See subsection (1) of this section.
(b) The reports cited in subsection (1) of this section may be relied upon by the administrator as a basis for requiring field investigations and special reports. In the event of a conflict between information contained in said reports and information shown as a result of a field investigation, the latter shall prevail.
(5) Development Standards for Volcanic Hazard Areas.
(a) No critical facilities shall be constructed or located in volcanic hazard areas.
(b) Other development shall comply with existing Federal Emergency Management Agency regulations. [Ord. 1170B, 2000; Ord. 1157, 1998; Ord. 1150 § 4.6(E), 1996]