Chapter 18.65 CRITICAL AREAS

Chapter 18.65
CRITICAL AREAS

Sections:

18.65.010 Purpose.

18.65.020 Applicability.

18.65.030 Appeals.

18.65.040 Critical areas rules.

18.65.050 Allowed alterations of critical areas.

18.65.060 Agricultural activities development standards.

18.65.070 Exceptions.

18.65.090 Disclosure by applicant.

18.65.100 Critical area review.

18.65.110 Critical area report requirement.

18.65.120 Avoiding impacts to critical areas.

18.65.130 Mitigation and monitoring.

18.65.135 Off-site mitigation.

18.65.136 Resource mitigation reserve.

18.65.140 Financial guarantees.

18.65.150 Vegetation management plan.

18.65.160 Critical area markers and signs.

18.65.170 Notice on critical areas.

18.65.180 Critical area tracts and designations on site plans.

18.65.190 Alteration.

18.65.200 Building setbacks.

18.65.220 Erosion hazard areas – Development standards and permitted alterations.

18.65.230 Flood hazard areas – Components.

18.65.240 Flood fringe development standards and alterations.

18.65.250 Zero-rise floodway development standards and alterations.

18.65.260 FEMA floodway development standards and alterations.

18.65.270 Flood hazard areas certification by engineer or surveyor.

18.65.275 Channel migration zones – Development standards and alterations.

18.65.280 Landslide hazard areas – Development standards and alterations.

18.65.310 Steep slope hazard areas – Development standards and alterations.

18.65.311 Critical aquifer recharge areas – Maps adopted.

18.65.312 Critical aquifer recharge areas – Reclassification or declassification.

18.65.313 Critical aquifer recharge areas – Categories.

18.65.314 Critical aquifer recharge areas.

18.65.315 Critical aquifer recharge areas – Development regulations.

18.65.316 Critical aquifer recharge areas – Evaluation and implementation.

18.65.319 Wetlands – Categories.

18.65.320 Wetlands – Buffers.

18.65.340 Wetlands – Specific mitigation requirements.

18.65.345 Wetlands – Specific mitigation requirements – Wetland mitigation banking.

18.65.350 Wetlands – Limited exemption.

18.65.355 Aquatic areas – Water types.

18.65.356 Aquatic areas – Buffers.

18.65.360 Aquatic areas – Development standards and alterations.

18.65.370 Streams – Permitted alterations.

18.65.380 Aquatic areas – Specific mitigation requirements.

18.65.381 Wildlife habitat conservation areas – Development standards.

18.65.382 Wildlife habitat conservation areas – Modification.

18.65.383 Wildlife habitat network – Applicability.

18.65.384 Wildlife habitat network – Development standards and alterations.

18.65.385 Wildlife habitat conservation area and wildlife network – Specific mitigation requirements.

18.65.390 Critical areas mitigation fee – Creation of fund.

18.65.400 Critical areas mitigation fee – Source of funds.

18.65.410 Critical areas mitigation fee – Use of funds.

18.65.420 Critical areas mitigation fee – Investment of funds.

18.65.430 Critical area designation.

18.65.440 Conversion of designated critical areas.

18.65.010 Purpose.

The purpose of this chapter is to implement the goals and policies of the Growth Management Act, Chapter 36.70A RCW, Washington State Environmental Policy Act, Chapter 43.21C RCW, and the King County comprehensive plan which call for protection of the natural environment and the public health and safety by:

(1) Establishing development and alteration standards to protect functions and values of critical areas;

(2) Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, landslides, seismic and volcanic events, soil subsidence or steep slope failures;

(3) Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and their habitats and maintaining and promoting Citywide native biodiversity;

(4) Requiring mitigation of unavoidable impacts to critical areas, by regulating alterations in or near critical areas;

(5) Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and aquatic areas;

(6) Measuring the quantity and quality of wetland and aquatic area resources and preventing overall net loss of wetland and aquatic area functions;

(7) Protecting the public trust as to navigable waters, aquatic resources, and fish and wildlife and their habitat;

(8) Meeting the requirements of the National Flood Insurance Program and maintaining the City of Covington as an eligible community for Federal flood insurance benefits;

(9) Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of critical areas; and

(10) Providing City officials with sufficient information to protect critical areas. (Ord. 14-05 § 5)

18.65.020 Applicability.

(1) This chapter applies to all land uses in the City of Covington, and all persons within the City shall comply with this chapter.

(2) City shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ensuring compliance with this chapter.

(3) Approval of a development proposal in accordance with this chapter does not discharge the obligation of the applicant to comply with this chapter.

(4) When any other chapter of the Covington Municipal Code conflicts with this chapter or when the provisions of this chapter are in conflict, the provision that provides more protection to environmentally critical areas shall apply unless specifically provided otherwise in this chapter or unless the provision conflicts with Federal or State laws or regulations.

(5) This chapter applies to all forest practices over which the City has jurisdiction under Chapter 76.09 RCW and WAC Title 222. (Ord. 14-05 § 5)

18.65.030 Appeals.

An applicant may appeal a decision to approve, condition or deny a development proposal based on this chapter according to and as part of the appeal procedure for the permit or approval involved. (Ord. 14-05 § 5)

18.65.040 Critical areas rules.

The City of Covington is authorized to adopt, in accordance with Chapter 2.75 CMC, such public rules and regulations as are necessary and appropriate to implement this chapter and to prepare and require the use of such forms as are necessary to its administration. (Ord. 14-05 § 5)

18.65.050 Allowed alterations of critical areas.

(1) Within the following four critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter:

(a) Critical aquifer recharge area,

(b) Erosion hazard area;

(d) Landslide hazard area under 40 percent slope;

(2) Within the following seven critical areas and their buffers only the alterations on the table in subsection (3) of this section are allowed if the alteration complies with conditions in subsection (4) of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter:

(a) Severe channel migration hazard area;

(b) Landslide hazard area over 40 percent slope;

(d) Wetland;

(e) Aquatic area;

(f) Wildlife habitat conservation area; and

(g) Wildlife habitat network.

(3) In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required.


Activity	Landslide Hazard Over 40% and Buffer	Steep Slope Hazard and Buffer	Wetland and Buffer	Aquatic Area and Buffer and Severe Channel Migration	Wildlife Area and Network
KEY: Letter “A” in a cell means alteration is allowed. “Wildlife area and network” column applies to both wildlife habitat conservation area and wildlife habitat network.
Construction of single detached dwelling unit			A 1
Construction of nonresidential structure			A 2	A 2	A 2, 3
Maintenance or repair of existing structure	A 4	A	A	A	A3
Expansion or replacement of existing structure	A 4, 6	A 4, 6	A 1, 6, 7	A 5, 6, 7	A 3, 6
Interior remodeling	A	A	A	A	A
Construction of new dock or pier			A 8	A 8, 9
Maintenance, repair or replacement of dock or pier			A 10, 11, 12	A 10, 11, 12	A 3
Grading
Grading		A 13		A 14
Construction of new slope stabilization	A 15	A 15	A 15	A 15
Maintenance of existing slope stabilization	A 16	A 13	A 17	A 16, 17	A 3
Mineral extraction	A	A
Clearing
Clearing	A 18	A 18, 19	A 18, 20	A 14, 18, 20
Cutting firewood		A 21	A 21	A 21
Removal of brush			A 22	A 22
Removal of noxious weeds or invasive vegetation	A 23	A 23	A 23	A 23	A 3, 23
Use of herbicide	A	A	A 23	A 24	A
Forest practices
Nonconversion Class IV-G forest practice	A 25	A 25	A 25	A 25	A 25, 26
Class I, II, III, IV-S forest practice	A	A	A	A	A
Roads
Construction of new public road right-of-way structure on unimproved right-of-way			A 27	A 9, 27
Maintenance of public road right-of-way structure	A 16	A 16	A 16	A 16	A 16, 28
Expansion beyond public road right-of way structure	A	A	A 27	A 27
Repair, replacement or modification within the roadway	A 16	A 16	A 16	A 16	A 16, 28
Construction of driveway or private access road			A 59	A 59	A 59
Construction of farm field access drive	A 29	A 29	A 29	A 29	A 29
Maintenance of driveway, private access road or farm field access drive	A	A	A 17	A 17	A 17, 28
Bridges or culverts
Maintenance or repair of bridge or culvert	A 16, 17	A 16, 17	A 16, 17	A 16, 17	A 16, 17, 28
Replacement of bridge or culvert	A 16	A 16	A 16	A 16, 30	A 16, 28
Expansion of bridge or culvert	A	A	A 31	A 31	A 3
Utilities and other infrastructure
Construction of new utility corridor or utility facility	A