Chapter 25.05
GENERAL PROVISIONS

Sections:

25.05.010    Purpose.

25.05.020    Authority.

25.05.030    Program established.

25.05.040    Content of a watershed management plan.

25.05.045    Reporting requirement.

25.05.050    Liability.

25.05.060    Severability.

25.05.010 Purpose.

It is the purpose and intent of this title:

(1) To establish a water quality restoration and storm and surface water management program for Snohomish County to be administered by the Snohomish County department of public works;

(2) To create a service area defined by ordinance to be known as the "Surface Water Management Utility District";

(3) To provide a comprehensive approach to managing surface water to respect and preserve the county’s rivers, streams, lakes and other water bodies; protect and restore water quality; control, accommodate and discharge storm runoff; provide for groundwater recharge; control sediment; stabilize erosion; monitor water quality and stream flow; and rehabilitate stream and drainage corridors for hydraulics, aesthetics, and fisheries benefits;

(4) To facilitate the preparation and implementation of comprehensive watershed action plans and watershed management plans;

(5) To recognize that programs to restore water quality and manage storm and surface water needs will vary from watershed to watershed and that specific watershed management needs may be determined or refined when watershed action plans and watershed management plans are developed or revised;

(6) To foster interagency cooperation on water quality restoration and storm and surface water management issues because watersheds do not conform to political boundaries; and

(7) To restore water quality in saltwater tidelands to allow the upgrading of conditionally approved, restricted, and prohibited shellfish beds.

(Added by Amended Ord. 15-069, Nov. 16, 2015, Eff date Jan. 1, 2016; Amended by Amended Ord. 17-020, July 5, 2017, Eff date July 21, 2017).

25.05.020 Authority.

(1) Pursuant to chapters 36.89 and 90.72 RCW and the Snohomish County Home Rule Charter, Snohomish County is authorized to provide water quality restoration and storm and surface water management services throughout unincorporated Snohomish County and within its cities and towns for the benefit of all county residents.

(2) Whenever necessary to examine the property characteristics of a particular parcel of real property for the determination of rates and charges, the director may enter said property or portion thereof at reasonable times in compliance with the following procedures:

(a) If such real property or portion thereof is occupied, the director shall present identification credentials, state the reason for entry, and request entry.

(b) If such property or portion thereof is unoccupied, the director shall first make a reasonable effort to locate the property owner or other persons having charge or control of the real property or portion thereof, and request entry.

(c) Unless entry is consented to by the property owner or person in control of any real property or portion thereof, the director, prior to entry, shall obtain a search warrant as authorized by the laws of the state of Washington.

(3) The director shall have the authority to enter into an agreement or agreements with any property owner for any lawful purpose under this title, including, but not limited to, the creation and maintenance of drainage easements.

(4) The director shall have the authority to implement cost share or local grant programs for projects in furtherance of the program established by this title.

(Added by Amended Ord. 15-069, Nov. 16, 2015, Eff date Jan. 1, 2016; Amended by Amended Ord. 17-020, July 5, 2017, Eff date July 21, 2017).

25.05.030 Program established.

There is hereby established a water quality restoration and storm and surface water management program to provide water quality restoration and storm and surface water management services, facilities, and regulations within Snohomish County. The program shall be administered by the Snohomish County department of public works. The program shall be described in the county’s budget and may include, but shall not be limited to, the following elements: preparing and implementing watershed action plans and watershed management plans; complying with federal, state, and local water quality regulations; developing and implementing public involvement and education activities; performing water quality and stream flow monitoring; developing, proposing, and analyzing policies and regulations; inventorying, rehabilitating, and restoring drainage systems; investigating drainage problems; planning, designing, establishing, acquiring, developing, constructing, maintaining, and improving needed water quality and storm and surface water management facilities; administering programs; imposing and collecting fees, rates, and charges; participating in and expending revenue on cooperative management actions and watershed management partnerships for purposes of water supply, water quality, and water resource and habitat protection and management; receiving grants, loans, taxes, and other revenues; and paying for or securing general obligation, councilmanic, or revenue bonds issued for any such purposes.

(Added by Amended Ord. 15-069, Nov. 16, 2015, Eff date Jan. 1, 2016).

25.05.040 Content of a watershed management plan.

Each watershed management plan shall consist of a detailed analysis of a drainage basin including, but not limited to, a comparison of the capabilities and needs for runoff accommodation due to various combinations of development, land use, structural and non-structural management, alternatives, and recommendations as to the form, location and extent of quantity and quality control measures which would satisfy legal constraints, water quality standards, and community standards. The plan shall also identify the institutional and funding requirements for plan implementation.

(Added by Amended Ord. 15-069, Nov. 16, 2015, Eff date Jan. 1, 2016).

25.05.045 Reporting requirement.

(1) To promote transparency in the allocation of resources, the director shall prepare and submit an annual report to the county council that accounts for revenue and expenditures county-wide and by council district.

(2) The director shall report to the county council during the first quarter of 2021 concerning an analysis of the options to continue one utility district or re-establish three separate service areas.

(Added by Amended Ord. 17-020, July 5, 2017, Eff date July 21, 2017).

25.05.050 Liability.

Administration of this title shall not be construed to create the basis for any liability on the part of the county, its appointed and elected officials, and employees while working within the scope of their duties for any action or inaction thereof authorized or done in connection with the implementation of this title.

(Added by Amended Ord. 15-069, Nov. 16, 2015, Eff date Jan. 1, 2016).

25.05.060 Severability.

If any provision of this title, or its application to any person or circumstances is held invalid, the remainder of this title or the application of the provisions to other persons or circumstances shall not be affected.

(Added by Amended Ord. 15-069, Nov. 16, 2015, Eff date Jan. 1, 2016).