Chapter 17.10

Chapter 17.10
CRITICAL AREA ORDINANCE

Sections:

17.10.010 Introduction and background.

17.10.020 Title and purpose.

17.10.030 Statutory authorization.

17.10.040 Applicability and relationship to other regulatory agencies.

17.10.050 Definitions.

17.10.060 Applicability/regulated activities.

17.10.070 Exemptions.

17.10.071 Exception – Reasonable use.

17.10.072 Critical area permits – Applications and approvals.

17.10.080 Pre-application conference.

17.10.090 Relationship to other regulations.

17.10.100 Critical area inventory maps.

17.10.110 Critical area wetlands.

17.10.120 Fish and wildlife habitat conservation areas.

17.10.130 Frequently flooded critical areas.

17.10.140 Geologic hazard areas.

17.10.150 Critical aquifer recharge areas (CARAs).

17.10.160 Mitigation plan performance standards.

17.10.170 Strategic plan for protecting aquatic habitat.

17.10.180 Variances.

17.10.190 Appeals.

17.10.200 Penalties and enforcement/violations.

17.10.210 Liability for damages.

17.10.220 Severability.

17.10.230 Amendments.

17.10.240 Relationship to other regulations.

17.10.010 Introduction and background.

This chapter has been developed under the directives of the Growth Management Act (GMA). Prime among its goal to designate and protect critical areas, it is based upon the best available science to regulate development on and adjacent to identified critical areas. Critical areas are defined as wetlands, frequently flooded areas, aquifer recharge areas, geologically hazardous areas, and fish and wildlife habitat conservation areas. Some of these areas, such as geologic hazards and flood hazard areas, are critical because of the hazard they represent to public health. Others, such as fish and wildlife habitats and wetlands, are critical because of their public value.

Critical areas are dynamic natural systems that are a part of the city’s changing landscape. While critical areas are present throughout the city, their exact location cannot be mapped accurately enough for regulatory purposes. Maps are useful primarily as an indicator of the distribution and extent of critical areas. Maps will be used whenever possible as part of the screening process for evaluating individual permit applications. Although a number of map resources are utilized in this chapter, regulatory measures, such as buffer requirements, are based upon the identification of critical areas during the permit, development, authorization, or other regulatory approval process. Critical areas will be designated by definition and then classified through site assessments to confirm the actual presence and classification of critical areas central to the management approach developed under this chapter. A list of reference sources and literature cited in the preparation of this chapter can be obtained in the community development department.

This chapter was drafted to provide city regulatory structure for identification, designation, and protection of critical areas. This chapter allows staff of the community development department to provide site visits, preliminary reviews, and pre-application meetings to assist in the identification of critical areas. In the event that hardships and grievances occur, this chapter contains provisions to allow for reasonable use exceptions, variances, and appeals. Through this chapter, the city of Longview will work with the landowner in the identification and management of critical areas. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.020 Title and purpose.

This chapter shall be known as the critical area ordinance of the city of Longview, and is adopted to assist in orderly development, conserve the value of property, safeguard the public welfare, and provide for the protection for the following critical areas:

(1) Wetlands. Wetlands serve many important ecological and environmental functions and help to protect public health, safety and welfare by providing flood storage and conveyance, erosion control, fish and wildlife habitat and production, recreation, water quality protection, water storage, education, scientific research, and other public benefits. It is the purpose of this chapter to protect these functions to prevent the continual loss of wetlands, and where practical to enhance or restore wetland functions and values.

(2) Frequently Flooded Areas. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas.

(3) Critical Aquifer Recharge Areas. Potable water is an essential life-sustaining element. In many areas, drinking water comes from groundwater supplies. Once groundwater is contaminated, it is difficult, costly and sometimes impossible to clean up. It is the purpose of this chapter to prevent contamination and depletion, and avoid exorbitant clean-up costs, hardships, and potential physical harm to people.

(4) Geologically Hazardous Areas. Geologically hazardous areas include areas susceptible to the effects of erosion, sliding, earthquake, ground swelling or other geological events. They pose a threat to the health and safety of citizens when incompatible residential, commercial, industrial or infrastructure development is sited in areas of a hazard. Geologic hazards pose a risk to life, property, and resources when steep slopes are destabilized by inappropriate activities and development, or when occupied structures or facilities are sited in areas susceptible to natural or human-caused geologic events. Some geologic hazards can be reduced or mitigated by engineering, design, or modified construction practices so that risks to health and safety become acceptable. When technology cannot reduce risks to acceptable levels, building and other construction within identified geologically hazardous areas may be prohibited.

(5) Fish and Wildlife Habitat Conservation Areas. In addition to their intrinsic value, certain species of fish and wildlife represent important historic, cultural, recreational and economic resources. Many species serve as indicators of the condition of the environment and the quality of life that Longview residents have invested in, enjoy and respect. It is the purpose of this chapter to protect, restore where practical, and enhance fish and wildlife populations. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.030 Statutory authorization.

The Legislature of the State of Washington has, in RCW 36.70A.060, mandated local governments to adopt development regulations precluding land uses or developments that are incompatible with critical areas. Critical areas to be regulated are designated under RCW 36.70A.170 and will be regulated through the application of best available science, as determined according to WAC 365-195-900 and RCW 36.70A.172(1).

The ordinance codified in this chapter is adopted under the authority of Chapters 36.70 and 36.70A RCW, and Article 11, Section 11 of the Washington State Constitution. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.040 Applicability and relationship to other regulatory agencies.

This chapter shall be consistently applied to any land use or development under city jurisdiction within the geographical areas that meet the definitions and criteria for critical areas regulation as set forth in this chapter.

Many state, federal, and regional regulations apply to projects conducted within critical areas. Uses otherwise allowed by city codes do not eliminate other agency regulatory requirements. In cases where other agencies possess jurisdictional control over critical areas and it is determined by the director that the permit conditions are equivalent or more stringent than the requirements of this chapter, those requirements may substitute for the requirements of this chapter. Such agencies may include, but are not limited to, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, the Washington State Department of Ecology, the Washington Department of Natural Resources, the Washington Department of Fish and Wildlife, and the Port of Longview.

In addition to the provisions established in this chapter, the city shall coordinate its own programs with those of other public and private agencies to enhance management of critical areas within the city. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.050 Definitions.

The definitions contained in RCW 36.70A.030, insofar as they pertain to terms used herein, as they now exist or are hereafter amended, are hereby adopted by this reference to be used in the administration of this chapter unless the context clearly appears otherwise.

For the purposes of this chapter, the following definitions shall apply unless the context clearly requires otherwise.

“Alluvial fan” means a fan-shaped alluvial deposit formed by a stream where its velocity is abruptly decreased, as at the mouth of a ravine.

“Alteration” means a human-induced action which materially affects a regulated critical area or associated buffer, such as a physical change to the existing condition of land or improvements including but not limited to: construction, clearing, filling, and grading.

“Anadromous” means a life history characteristic of fish that spend time in both freshwater and saltwater, to complete necessary life functions.

“Applicant” means the person, party, firm, corporation, federal, state, tribal or local government, or any other entity that proposes any activity that could affect a critical area.

“Best available science (BAS)” means an information source which has: (1) undergone scientific peer review and has been published in a scientific journal or unpublished; (2) a single or group of qualified scientific experts with advanced degrees or professional credentials earned in pertinent scientific disciplines, offering his/her/their best professional judgment; (3) state and federal natural resource agencies guidance documents and/or model ordinance language; and/or (4) any new technically credible information as it relates to this chapter and development.

“Best management practices” means systems of practices and management measures that avoid and prevent: (1) soil loss and water quality degradation caused by nutrients, animal waste, and toxins; (2) the movement of land, sediment, and erosion caused by land alteration activities; (3) adverse impacts to surface and groundwater quality, flow, and circulation patterns; and (4) adverse impacts to the chemical, physical, and biological characteristics of a critical area.

“Board” means the city of Longview appeal board of adjustment.

“Buffer” or “buffer area” means an area adjacent to a wetland, river, stream, pond, lake, geologic hazard area, or riparian area that is established and managed to protect the integrity of functions and values of the critical areas from human-caused disturbances, or to protect people and development from a geological hazard. “Buffer,” when referring to geologic hazard areas, means an area surrounding a geologic hazard consisting of naturally occurring or reestablished vegetation and having a width adequate to separate and protect people and development from the geologic hazard area.

“City” means the city of Longview, Washington, a municipal corporation.

“Clearing” means the removal, redistribution or disturbance of vegetation, soil or substrate that may include trees, brush, grass, ground cover, or other vegetative matter from a site.

“Commission” means the planning commission of the city of Longview.

“Conservation easement” means an interest or right of use over a property, less than fee simple, to protect, preserve, maintain, improve, restore, limit the future use of, or conserve for open space purposes, any land or improvement on the land.

“Critical aquifer recharge area” means areas that are determined to have a critical recharging effect on aquifers used as a source for potable water and that are vulnerable to contamination from recharge.

“Critical area” includes the following areas and ecosystems: (a) wetlands; (b) fish and wildlife habitat conservation areas; (c) frequently flooded areas; (d) geologically hazardous areas; and (e) areas with a critical recharging effect on aquifers used for potable water.

“Critical areas permit” means a written authorization issued by the department via letter or other instrument, including issuance of a building permit, declaring that the identified development or regulated activity complies with the provisions of this chapter, and/or specifying the conditions with which such development or regulated activity must comply.

“Department” means the community development department of the city of Longview.

“Development” means any manmade changes to improved or unimproved land, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, and activities of a similar nature.

“Director” means the director of the community development department of the city of Longview, or the director’s designee.

“Dynamic settlement” means the vertical settlement of the ground surface due to earthquake-induced liquefaction. Settlement can range from less than an inch to several feet and can cause extensive damage to structures and underground utilities.

“Enhancement” means the actions performed to improve the condition or functions and values of an existing viable wetland or fish and wildlife habitat area, or their associated buffer. Enhancement actions include but are not limited to increasing plant diversity, increasing fish and wildlife habitat, installing environmentally compatible erosion controls, and removing invasive plant species such as Eurasian water milfoil (Myriophyllum spicatum), horsetail (equisetum sp.), or purple loosestrife (Lythrum salicaria).

“Environmental interest group” means any recognized nonprofit, charitable, or religious organization possessing a current ruling or determination letter from the Internal Revenue Service of the United States Government that the group is exempt from federal taxation, whose membership includes individuals with an interest in and advocacy of environmental issues.

Erosion Hazard Area. See “Geologic hazard areas.”

“Excavation” means mechanical removal, redistribution, or disturbance of soil or substrate from its point of origin.

“Feasible alternative” means an alternative that is available and reasonably capable of being accomplished after taking into consideration cost, existing technology, and logistics in light of overall project purposes. It may include an area not owned by the applicant, which could have been obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity.

“Field investigation” means an inspection of a site by a qualified expert and/or the director to document conditions and facts to ascertain if the site contains any critical or environmentally sensitive areas, as defined.

“Filling” means the act of placing fill material (on any critical area), including the temporary stockpiling of fill material.

“Fill material” means a deposit of earth or other natural or manmade material placed by artificial means.

“Fish and wildlife habitat conservation areas” means those areas identified as being of critical importance to the maintenance and survival of both fish and wildlife.

“Frequently flooded areas” means land in the floodplain or adjacent to floodplains subject to a one percent or greater chance of flooding in a given year. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and similar areas, as outlined in WAC 365-190-030.

“Geologic hazard areas” means areas susceptible to erosion, sliding, earthquake, ground swelling, or other geologic events.

“Geologist” means a person who is currently licensed as a geologist, engineering geologist, or hydrogeologist by the Washington Geologist Licensing Board.

“Geotechnical assessment” means an assessment prepared by a geologist or geotechnical engineer, who evaluates the site conditions and the effects of the proposal, and identifies mitigating measures to ensure that the risks associated with the geologic hazards will be substantially reduced.

“Geotechnical engineer” shall mean a person who is currently licensed as a civil engineer by the Washington Board of Registration for Professional Engineers and Land Surveyors and who specializes in the investigation and evaluation of physical and engineering properties of earth materials, such as soil and rock, for design and construction purposes.

“Grading” means to change the degree of the slope by mechanical means including removal, redistribution, or disturbance of the soil or substrate from its point of origin.

“Hydrologic unit” means an area of land above or upstream from a specific point on a stream, which is enclosed by a topographic divide such that direct runoff from precipitation normally drains by gravity into the stream, or from the area above the specified point on the stream.

“In-kind mitigation” means replacement of wetlands with substitute wetlands whose characteristics closely approximate those wetlands destroyed or degraded by a regulated activity.

“Indigenous” means any native species of plant or wildlife that occurs naturally on a particular site or area.

“Lake” means a naturally existing or artificially created body of standing water, including reservoirs, 20 acres or greater in size, which exist on a year-round basis, and occurs in a depression of land or expanded part of a stream.

“Landfill” means a disposal facility or part of a facility at which solid waste is placed within or on land.

Landslide Hazard Area. See “Geologic hazard areas.”

“Lateral spread” means the lateral movement of the ground surface due to earthquake-induced liquefaction. When soil liquefies, blocks of mostly intact, surficial soil move downslope or towards a free face along a shear zone that forms at the top of the liquefied soil. Lateral soil movement can be on the order of inches to several feet and can cause extensive damage to structures and underground utilities (Bartlett, 1995).

“Liquefaction” means a phenomenon where the strength and stiffness of a saturated, generally loose/soft soil is reduced by earthquake shaking. Soils that are generally considered potentially liquefiable include sand, low plasticity silty sand, low plasticity clayey sand, and low plasticity silt, although other soil types have proven to also be potentially liquefiable. Liquefaction and related phenomena such as dynamic settlement and lateral spreading have been responsible for tremendous amounts of damage to structures such as streets, underground and above ground utilities, underground tanks, buildings, and retaining walls in historical earthquakes around the world. A recent, local example of liquefaction occurred throughout the region affected by the 2001 magnitude 6.8 Nisqually Earthquake near Olympia (Johansson, 2000).

“Mitigation” means actions designed to replace project-induced critical area losses or impacts; including, but not limited to, restoration, creation, or enhancement. Mitigation should be sequenced in the following order: (1) avoiding the impact altogether by not taking a certain action or parts of an action; (2) minimizing 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; (3) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; (5) compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or (6) monitoring the impact and taking appropriate corrective measures.

“Mitigation plan” means a plan that outlines the activities that will be undertaken to alleviate project impacts to critical areas, detailed in LMC 17.10.160.

“Non-native species” means a plant species, which is not indigenous to the local area.

“Oak woodlands” means stands of pure oak or oak/conifer associations greater than 0.4 hectare (1.0 acre) in size, where canopy coverage of the oak component of the stand is 25 percent; or where total canopy coverage of the stand is less than 25 percent, but oak accounts for at least 50 percent of the canopy coverage present; or, when not in a stand, where 20 or more oak trees exist in an undeveloped pre-existing lot of five acres or more within the city limits.

“Open space” means land satisfying the definition for “open space land” in the city of Longview, and eligible for tax assessment at its current use value as authorized by Chapter 84.34 RCW.

“Ordinary high water mark” means that mark that will be found by examining the bed and banks of water bodies and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water.

“Pond” means a naturally existing or artificially created body of standing water less than 20 acres in size and not defined as “shorelines of the state” by Chapter 90.58 RCW (Shoreline Management Act). Ponds may include reservoirs which exist on a year-round basis and occur within a depression of land or expanded part of a stream. A pond is bounded by the ordinary high water mark or the extension of the elevation of the pond’s ordinary high water mark within the stream, where the stream enters the pond.

“Priority habitats” means a habitat type with unique or significant value to many species with one or more of the following characteristics: comparatively high fish and wildlife densities, fish and wildlife species and/or diversity, fish and wildlife breeding habitat, fish and wildlife seasonal habitat, or fish and wildlife movement corridors.

“Priority species” means fish and wildlife species requiring protective measures and/or management guidelines to ensure their perpetuation, as determined by the Washington Department of Fish and Wildlife’s priority habitats and species list, as it now exists or as it is hereafter amended.

“Public ditches” means the ditches and associated diking and levee system that fall under the jurisdiction of, or where the water surface elevation is controlled by, the Consolidated Diking Improvement District No. 1.

“Qualified expert” means a person with experience, education, and/or professional degrees and training pertaining to the critical area in question, and who possesses experience with performing delineations, analyzing critical area functions and values, analyzing critical area impacts, and recommending critical area mitigation and restoration. The director shall require potentially qualified experts to demonstrate the basis for qualifications and shall make final determination as to qualifications. Demonstration of qualifications may include, but not be limited to, relevant professional experience, technical certification(s), and/or recognition through publication of technical papers or journals. A “qualified expert for wetlands” means a professional wetland scientist with at least two years of full-time work experience as a wetlands professional, including delineating wetlands using the state or federal manuals, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans.

“Regulated activity” means activities occurring in or near and/or potentially affecting a critical area or associated buffer that is subject to the provisions of this chapter. Regulated activities include, but are not limited to, filling, dredging, dumping or stockpiling, draining, excavation, flooding, construction or reconstruction, driving pilings, obstructing, shading, clearing, or harvesting.

“Resource agency” means a designated city, county, state, or federal agency with specific regulatory authority that provides technical information that may be utilized in the interpretation and enforcement of this chapter.

“Restoration” means efforts performed to re-establish the functional values and characteristics of a critical area that have been destroyed or degraded by past alterations (e.g., filling, grading, or draining).

“Riparian” or “riparian habitat” means the area adjacent to streams measured perpendicular to the ordinary high water mark extending up the bank, which provides multiple functions for removing sediments, controlling nitrates, stream water chemistry, stream shading, large woody debris recruitment, coarse woody debris recruitment, and proving key habitat associations which directly or indirectly affect fish and wildlife species.

“Site” means any parcel or combination of contiguous parcels or right-of-way, or a combination of contiguous rights-of-way, under the applicant’s ownership or control, where the proposed project impacts a critical area.

“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of vertical distance to horizontal distance. In these regulations, slopes are generally expressed as a percentage of the vertical distance to the horizontal distance. A 40 percent slope refers to a 40-foot rise in the vertical distance over a horizontal distance of 100 feet. An inclination of 45 degrees is a 100 percent slope.

“Soil with severe erosion hazard” means any soil type indicated as having a degree of hazard or limitation of severe or very severe according to Table 3 of the Soil Survey of Cowlitz Area, Washington, issued in 1988 by the U.S. Department of Agriculture, Soil Conservation Service, or as amended.

“Substrate” means the soil, sediment, decomposing organic matter, or combination of those located on the bottom surface of a wetland.

“Undisturbed buffer” means a protective area left in its natural state, except for any access and/or utility crossings approved by the director, between land development and a critical area.

“Urban natural open space” means areas where significant populations of waterfowl and wildlife are found. A local example would be Lake Sacajawea.

“Utility line” means pipe, conduit, cable or other similar instrument by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, natural gas, communications, and sanitary sewer.

“Wetland” means areas that are inundated or saturated by surface water or groundwater 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 include swamps, marshes, bogs, and similar areas, and also include artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, such as irrigation and drainage ditches, grass-lined swales, canals, detention facilities, waste water 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. The three general types of wetlands are emergent, forested, and scrub-shrub.

“Wetland buffer area” means a naturally vegetated and undisturbed, enhanced or revegetated zone surrounding a natural, restored or newly created wetland that is an integral part of a wetland ecosystem, and protects a wetland from adverse impacts to the integrity and value of the wetland. Wetland buffers serve to moderate runoff volumes and flow rates; reduce sediment, chemical nutrients and toxic pollutants; provide shading to maintain desirable water temperatures; provide habitat for wildlife; and protect wetland resources from harmful intrusion.

“Wetland functions” are determined by physical, chemical, and biological characteristics and include, but are not limited to, fish and wildlife habitat, aquifer recharge and discharge, water quality, shoreline stabilization, and flood and erosion control.

“Wetland values” are those wetland processes, characteristics, or attributes which are considered to benefit society. (Ord. 3092 § 1, 2009; Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.060 Applicability/regulated activities.

This chapter shall apply to all critical areas located within the city of Longview. The approximate location and extent of known or suspected critical areas are indicated on a series of maps adopted as part of this chapter and housed within the community development department of the city of Longview. It is important to note that these maps are approximate and that other resources also will be used to identify critical areas. The following critical areas shall be regulated in accordance with this chapter:

(1) Wetlands.

(2) Frequently flooded areas.

(3) Geologically hazardous areas.

(4) Fish and wildlife habitat conservation areas.

(5) Critical aquifer recharge areas.

The regulations applicable to critical areas impose requirements that supplement those in the underlying zoning districts and do not supersede the provisions of these districts except insofar as the critical areas designation may impose more restrictive requirements.

All persons proposing development or alteration, whether on public or private property, within critical wetland areas, critical habitat areas, critical geologic hazard areas, critical aquifer recharge areas, or the largest regulated buffer for the applicable critical area and proposed development or alteration, as described in LMC 17.10.110, 17.10.120, 17.10.140, and 17.10.150, shall first apply for a critical area permit pursuant to this chapter, except as exempted pursuant to LMC 17.10.070. All critical area permit applications shall proceed in conformance with this section. Development activities shall include, but are not limited to, the following:

(1) Removing, clearing, grading, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter, or materials of any kind.

(2) Dumping, discharging, or filling with any material.

(3) Any development or use that requires approvals under existing or subsequently adopted development codes of the city of Longview.

(4) Any project that requires a permit under the building code in effect at the time of application, except those projects exempted under LMC 17.10.070.

(5) New construction or any expansion of a new public or private road or driveway.

(6) Destroying, planting, or altering vegetation through clearing, harvesting, cutting, intentional burning, shading, or planting non-native species where these activities would alter the character of a critical area or its buffer.

(7) Draining, filling, flooding, or disturbing the water level, water table, or wetland area.

(8) Activities causing direct or indirect adverse changes in water temperature, physical, or chemical characteristics of wetland water sources, including water quantity and quality as stated in Chapter 90.03 RCW and Chapter 173-201A WAC, to wetlands or surface water systems.

(9) Any other activities affecting a wetland or wetland buffer not otherwise exempt from the provisions of this chapter.

Wetlands, streams, lakes, or ponds created as mitigation for approved land use activities or that provide critical habitat are not exempt and shall be regulated according to the provisions of this chapter. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.070 Exemptions.

The following activities shall be exempt from the provisions of this chapter:

(1) Those activities and uses conducted pursuant to the Washington State Forest Practices Act and its rules and regulations, Chapter 76.09 RCW and WAC Title 222, where state law specifically limits local authority, except with regard to developments and conversions requiring local approval, when the city is the lead agency for environmental review.

(2) Development occurring within a volcanic hazard area as described in LMC 17.10.140 and containing no other critical area(s) as defined by this chapter.

(3) Development occurring within frequently flooded areas provided the development meets the requirements of Chapter 17.24 LMC, Flood Damage Prevention; except, other critical areas within the frequently flooded area will continue to be regulated by applicable provisions of this chapter.

(4) Maintenance, operation, and reconstruction of existing public and private roads, streets, driveways, and the installation, construction, or replacement of utility lines in improved city rights-of-way, not including electric substations; provided, that reconstruction of any such facilities is not expanded within, or does not extend outside the previously disturbed areas within, a critical area or designated buffer.

(5) Maintenance, operation, and reconstruction of existing structures and equipment operating areas; provided, that reconstruction of any such structures and facilities is not expanded within, or does not extend outside the previously disturbed areas within, a critical area or designated buffer.

(6) The removal or control of vegetation within stormwater or flood control sloughs and ditches maintained by the CDID or the city of Longview on the effective date of the ordinance codified in this chapter, as deemed necessary by the public works director of the city of Longview and/or the CDID district engineer.

(7) Maintenance of ground cover or other vegetation in a critical area or buffer area that was disturbed prior to the effective date of this chapter; provided, that no further disturbance is created.

(8) Minimal site investigative work required by a city, state, or federal agency, or any other applicant, such as surveys, soil logs, percolation tests, and other related activities provided impacts on environmentally critical areas are minimized and disturbed areas are restored to the pre-existing level of function and value within one year after such tests are concluded.

(9) Passive recreational uses such as sport fishing, scientific, or educational review.

(10) Maintenance of intentionally created wetlands or surface water systems, including irrigation and drainage ditches, grass-lined swales and canals, detention facilities, and landscape or ornamental amenities created from upland/nonwetland areas. Wetlands, streams, lakes, or ponds created as mitigation for approved land use activities or that provide critical habitat are not exempt, and shall be regulated according to LMC 17.10.110, and Tables 17.10.110.4.a, 17.10.110.4.b, or 17.10.110.4.c. State or federal regulations may apply to wetlands not regulated under this chapter.

(11) Ongoing operation and maintenance of diking, levees or drainage systems, sub-flood control zones, which are part of a system of existing dikes, levees, ditches, drains, or other facilities which were created, developed or utilized primarily as part of a drainage or diking system as defined by this chapter. The area exempt from review hereunder for maintenance and operation is the land occupied by an existing system of dikes and levees. This area must be maintained in a manner that meets the federal standards for funding assistance for dike and levee repairs; provided, further, that restoration of the riparian habitat, including revegetation of native species compatible with ongoing maintenance and protection of the diking system, occurs to the extent feasible. Operation and maintenance does not include the expansion or creation of new dikes, levees, or drainage ditches and related facilities, which could contribute to degradation of existing wetlands.

(12) All emergency activities undertaken within a critical area wetland or fish and wildlife habitat conservation area shall be fully mitigated in accordance with LMC 17.10.160. Emergency actions are those actions which must be undertaken immediately, or for which there is insufficient time for full compliance with this chapter, when it is necessary to:

(a) Prevent an imminent threat to public health or safety; or

(b) Prevent imminent danger to public or private property; or

In the event an agency with jurisdiction or emergency agency determines that the need to take emergency action is so urgent that there is insufficient time for review by the department, such emergency action may be taken immediately.

Any person or agency undertaking such action shall notify the department within one working day following the commencement of the emergency activity. Following such notification, the department shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the department determines that the action taken or part of the action taken is beyond the scope of allowed emergency actions, enforcement action is authorized, as outlined in LMC 17.10.200.

(13) Habitat restoration activities consistent with local watershed action planning efforts and designated a priority by the Lower Columbia Fish Recovery Board.

(14) Reconstruction of damaged or destroyed structures within the same building footprint. Expansion or reconstruction within a new or expanded footprint that affects a nonexempt critical area or critical area buffer is subject to the provisions of this title.

(15) Clearing, as minimally necessary, for placement of fencing, private wells, septic systems or individual lot sewer, water, electrical, or utility connections in critical area buffers.

(16) Clearing, as minimally necessary, for stream bank restoration, native replanting, or enhancements in critical areas or critical area buffers.

(17) Clearing, as minimally necessary, for soil, water, vegetation, and resource conservation projects having received an environmental permit from a public agency in critical areas or critical area buffers.

(18) The harvesting or normal maintenance of vegetation in a manner that is not injurious to the natural reproduction of such vegetation.

(19) Existing agricultural activities and structures:

(a) Agricultural activities and structures in operation at the time of adoption of the ordinance codified in this chapter that are affecting wetlands not associated with a riparian corridor are exempt from regulation under this chapter;

(b) Changes in agricultural practices within the same footprint as the existing agricultural activities, including reconstruction of existing agricultural structures, are exempt from regulation under this chapter. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.071 Exception – Reasonable use.

Exceptions to this chapter may be made when the imposition of the standard would deny an applicant all reasonable use of the property. If an applicant asserts that application of this chapter would deny all reasonable use of the property, the applicant may apply for a reasonable use exception. This exception is intended to address those cases in which the application of this chapter unreasonably restricts all economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.

(1) The board shall have the power to grant reasonable use exceptions. A request for a reasonable use exception shall be made on forms provided by the director and shall accompany an application for a development permit. The application shall include, as applicable, a critical areas checklist, critical areas permit application, critical areas report, and a mitigation plan, if necessary. Before an application for a reasonable use exception is acted upon, all of the matters relating to the application shall be reviewed by the director and his/her findings and conclusions shall be transmitted to the board. The board shall review and act on the application following the procedures of Chapter 19.12 LMC.

(2) Reasonable Use Review Criteria. The criteria for review and approval of reasonable use exceptions are:

(a) The application of this chapter will deny all reasonable economic use of the subject property as otherwise allowed by applicable law;

(b) The proposal will result in no net loss of critical area functions and values consistent with the best available science;

(d) No other reasonable use of the property has less impact on critical areas;

(e) Any alteration allowed is the minimum necessary to allow for reasonable use of the subject property;

(f) The inability of the applicant to derive reasonable use of the subject property is not the result of actions by the applicant after the effective date of this chapter, or its predecessor;

(g) The proposal does not pose an unreasonable threat to the public health, safety or welfare on or off the proposed development site;

(h) Appropriate mitigation for the adverse effects to the critical area is incorporated into the project design; and

(i) The following specific exceptions shall apply in implementing the standards of this chapter. Mitigation for unavoidable adverse impacts shall be required. The standards of this chapter shall not be used to preclude the following activities in wetland areas:

(i) The placement of a single-family residence mobile or manufactured home and normal accessory structures on an otherwise legally buildable lot of record. Standards may be applied on established properties to limit the proposed location and size of structures, and proposed removal of vegetation;

(ii) The expansion of a home on a lot that does not show building or development envelopes, wetlands or wetland buffers on the drawing associated with the property and recorded with the Cowlitz County auditor or with the records of the Cowlitz County assessor, not to exceed 25 percent of the existing building footprint;

(iii) The replacement of a mobile or manufactured home with another dwelling and normal accessory structures.

(3) Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.

(4) Nothing in this chapter shall be used to prevent the construction of a structure, subject to the standards outlined in subsection (1) of this section, on a lot legally created prior to the establishment of this chapter. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.072 Critical area permits – Applications and approvals.

When an applicant submits an application for any development proposal, the application shall indicate whether any critical area is located on the site. The director or designee may visit the site and, in conjunction with the review of the information provided by the applicant and any other suitable information, shall make a determination as to whether or not sufficient information is available to evaluate the proposal. If it is determined that the information presented is not sufficient to adequately evaluate a proposal, the director shall notify the applicant that additional studies as specified herein shall be provided.

(1) Critical Areas Permit – Coordination with Other Permits. To avoid duplication, the information required by this section shall be coordinated by the city with the assessments and requirements for other associated permits, including environmental reviews as directed by the director for activities otherwise categorically exempt from SEPA.

(2) Request for Determination of Critical Areas. The director will conduct a preliminary environmental review, based on existing in-house resources and data, to determine if critical areas are known or suspected to exist on the applicant’s parcel; however, the ultimate burden of proof is on the applicant to provide sufficient data to the director should the director suspect critical areas are present. For the determination, the director will need the following:

(a) A completed master application and vicinity map;

(b) An assessor’s map of the property;

(d) Other information as determined by the director.

The director shall review the information on the forms submitted by the applicant, the critical areas maps, and any other resource information available as part of the determination process. Additionally, s/he shall conduct a site visit to ascertain the characteristics of the subject property and to verify the presence of the critical area.

The director shall have the option of soliciting comments or technical assistance on the critical area determination from resource agencies. These agencies shall have 14 days from the date the application is circulated by the city for comments. If a response is not received from the resource agency within the 14-day review period, the city will assume there are no comments on the determination forthcoming from the resource agency.

When the determination of critical areas has been completed, a written report will be issued to the applicant, placed in an address file, and a copy sent to the property owner if different from the applicant. A property owner may request a re-evaluation by the department once in any 12-month period when a change in physical conditions or government institutional actions warrants such re-evaluation.

(3) Critical Areas Permit Application Procedures. A critical area permit is required if it is determined that the proposed alteration or development is located within a critical area or associated buffer.

The permit application shall at a minimum include the following:

(a) A completed master application, signed by the applicant and the property owner if different from the applicant, a vicinity map, environmental checklist, and any supplemental information required by the director.

(b) A site plan drawn to scale. The site plan should clearly depict the following information:

(i) North arrow;

(ii) Property line dimensions;

(iii) Location and dimensions of all existing and proposed development or alterations, including public and private roads, sewer and water lines, wells, utilities, easements, water sources, lakes and springs, drainage facilities, on-site sewage disposal and drain field areas, within the property boundary.

(c) Technical Assessments. The city may require the applicant to submit a technical assessment addressing how the proposal incorporates best available science. The technical assessment shall be adequate for the director to evaluate the development proposal and all probable adverse impacts to critical areas regulated by this chapter. If adequate factual information exists to facilitate such evaluation, the director may determine that a technical assessment is not necessary. The director will advise the applicant of existing technical information that may be pertinent to their property. Technical assessments shall be attached to the development permit application package.

(4) Expert Qualifications and City Review. All critical area technical assessments and studies required of the applicant by this chapter shall be prepared by a qualified expert. The director’s decision to require additional studies will be based on the complexity of the project and/or a site inspection. The applicant for development shall be responsible for any cost associated with preparing critical area technical assessments and/or studies.

(5) Comments. The department shall have the option of soliciting comments or technical assistance on the critical area permit application from resource agencies. These agencies shall have 14 days from the date the application is circulated by the city for comments. If a response is not received from the resource agency within the 14-day review period, the city will assume there are no comments on the project or activity forthcoming from the resource agency.

(6) Permit Action. For development permits where the land use decisions can be made administratively, the director may approve, approve with modifications and/or conditions, or deny a critical area permit. For development permits where land use decisions are made by the planning commission, city council, or the board, the decision-making body may approve, approve with modifications and/or conditions, or deny a critical area permit as part of the overriding action. Any notification of approval shall include the conditions, modifications and restrictions regarding the location, character, and other features of the proposed development that the director finds necessary to make the proposal compatible with the purposes and standards of this chapter. Prior to notification of approval, approval with conditions/modifications, or denial, the decision-maker(s) shall make findings that:

(a) Confirm the nature and type of critical area;

(b) Determine if a proposed alteration to a critical area meets the standards contained in this chapter; and

(c) Determine if the assurances for the mitigation proposed by the applicant are sufficient to protect or mitigate the critical area consistent with this chapter.

(7) Permit Duration. Permitted construction must start within the time limitations specified for the underlying development permit approval or final appeals decision. Permits may be extended concurrent with extensions for the underlying development permit. There shall be no limit on the number of critical area permit extensions granted, recognizing that there may be limitations on the number of extensions of the underlying development permit. Permits run with the land. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.080 Pre-application conference.

Any person preparing to submit an application for development or use of land that may be regulated by the provisions of this chapter shall first apply for a pre-application conference, unless waived by the director in concurrence with applicant. At this meeting, the director shall discuss the requirements of this chapter and provide applicable critical areas maps, scientific information and other source materials. He/she shall summarize the application review process and work with the proponent to identify potential issues that may arise during the review process in addition to discussing other permit procedures and requirements. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.090 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 any other regulations of the city including, but not limited to, the Shoreline Management Program, State Environmental Policy Act, Endangered Species Act and Federal Clean Water Act, the regulations which provide the greater protection for critical areas shall apply. No permit granted pursuant to this chapter shall remove applicant’s obligation to comply in all respects with the applicable provision of any other federal, state, or local law or regulation. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.100 Critical area inventory maps.

The approximate location and extent of critical areas and lands within the city’s planning area are shown on the maps adopted as part of this chapter. A summary of map sources is listed in Table 17.10.100.1. These maps are based on the best available information and are intended to be used as a general guide for the assistance of property owners and as information for the public. Since boundaries are generalized, field investigations and analysis by a qualified expert may be required to confirm the existence of a critical area. The city will update information and resource material as it becomes available and feasible.

In addition, Department of Natural Resources base maps for stream types and topography provide an indication of the location of fisheries resources. Field conditions shall be used to determine the existence or extent of any classified stream area. Department of Fish and Wildlife maps of bald eagle and threatened and endangered species habitat may be consulted. Wildlife critical areas shall be field located by a qualified critical areas professional based on applicable criteria.

Flood hazard areas are mapped by the Federal Emergency Management Agency.

In the event of any conflict between the location, designation, or classification of a critical area shown on the city maps and the criteria or standards of this section, the criteria and standards, and the determination of any field investigation, shall prevail.

Table 17.10.100.1 Summary of Map Sources
Topic	Map/Data Source(s)
Geologically Hazardous Areas	Digital Landslide Inventory for the Cowlitz County Urban Corridor, Washington, Washington Division of Geology and Earth Resources, Washington State Department of Natural Resources, May 2006 (Wegmann, 2006)
	Liquefaction Susceptibility Map of Cowlitz County, Washington, Division of Geology and Earth Resources, Washington State Department of Natural Resources, September 2004 (Palmer, 2004)
	2004 USGS Quaternary Fold and Fault Database for the United States, Hoquiam 1° x 2° Sheet (USGS, 2004)
	Volcanic-Hazard Zonation for Mount St. Helens, Washington, 1995 (Wolfe and Pierson, 1995)
Frequently Flooded Areas	FEMA, National Flood Insurance Program, Flood Insurance Rate Maps
Potential Wetland Indicators	Hydric Soils, USDA, Natural Resource Conservation Service.
Potential Wetland Indicators	National Wetlands Inventory Maps, U.S. Department of Interior, U.S. Fish and Wildlife Service.
Fish and Wildlife Habitat Conservation Areas	Priority Habitat and Species Maps, Washington Department of Fish and Wildlife
	Washington Department of Natural Resources, Forest Practice Act Stream Type Maps
	Washington Department of Natural Resources, National Heritage Database Maps
	Stream Net™ operated and funded by the BPA
	Salmonscape, operated by Washington Department of Fish and Wildlife, which maps anadromous and resident salmonid distributions from the Salmon and Steelhead Habitat Assessment Program (SSHIAP)

(Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.110 Critical area wetlands.

(1) Wetland Classification. Wetlands shall be rated according to the Washington State Department of Ecology wetland rating system found in the Washington State Wetland Rating System for Western Washington (Ecology Publication No. 04-06-025, August 2004). The rating system document contains the definitions and methods for determining if the criteria below are met:

(a) Wetland Rating Categories.

(i) Category I. Category I wetlands are:

(A) Wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high quality wetlands;

(B) Mature and old growth forested wetlands, as defined by Washington Department of Fish and Wildlife priority habitat and species provisions, larger than one acre; or

Category I wetlands represent a unique or rare wetland type, are more sensitive to disturbance than most wetlands, are relatively undisturbed and contain some ecological attributes that are impossible to replace within a human lifetime, or provide a very high level of functions.

(ii) Category II. Category II wetlands are wetlands with a moderately high level of functions, as characterized by a wetland score of 51 through 69 on the rating form. Category II wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. These wetlands occur more commonly than Category I wetlands, but they still need a relatively high level of protection.

(iii) Category III. Category III wetlands are wetlands with a moderate level of functions, as characterized by a score of 30 through 50 on the rating form. Generally, wetlands in this category have often been disturbed in some way and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands.

(iv) Category IV. Category IV wetlands have the lowest levels of functions and are often heavily disturbed. They are characterized by a score of less than 30 on the rating form. These are wetlands that should be replaceable, and in some cases may be improved. However, experience has shown that replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions, and should be protected to some degree.

(2) Exempted Wetlands. This chapter shall not apply to the following wetlands:

(a) Wetlands less than 1,000 square feet in area where they have been shown by a qualified expert for wetlands to not be associated with a riparian corridor (with the exception of wetlands located fully within five feet of the bank-full width or ordinary high water mark as stated in subsection (2)(e) of this section), not part of a wetland mosaic, and they do not contain aspen stands and habitat identified as essential for local populations of priority species identified by the Washington Department of Fish and Wildlife.

(b) Wetlands between 1,000 square feet and 4,000 square feet may be exempted when compliance to the following is fully demonstrated by a qualified expert for wetlands:

(i) The requirement to avoid impacts can be dropped from Category III and IV wetlands between 1,000 and 4,000 square feet that meet all of the following criteria:

(A) Wetland is not associated with a riparian corridor, with the exception of wetlands located fully within five feet of the bank-full width or ordinary high water mark as stated in subsection (2)(e) of this section; and

(B) Wetland is not part of a wetland mosaic; and

(D) Wetland does not contain habitat identified as essential for local populations of priority species identified by the Washington Department of Fish and Wildlife; and

(E) Wetland does not contain aspen stands.

(ii) Impacts allowed under this provision to these wetlands will be fully mitigated as required in subsection (9) of this section.

(iii) All Category I and II wetlands between 1,000 square feet and 4,000 square feet shall be evaluated with full mitigation sequencing and buffer establishment. Any approved impacts should be adequately compensated by mitigation.

(c) Land disturbance in wetlands or their associated buffers cumulatively less than five cubic yards in volume and 300 square feet in area; provided, that the wetland hydroperiod is not significantly affected.

(d) Artificial. Wetlands created from nonwetland sites including, but not limited to, wetlands intentionally created from nonwetland sites, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, stormwater facilities, farm ponds, and landscape amenities; provided, that wetlands created as mitigation shall not be exempted.

(e) Riparian. Wetlands fully within five feet, measured horizontally, of bank-full width for streams and the ordinary high water mark for rivers, lakes and ponds are exempt.

Wetlands larger than 4,000 square feet shall be evaluated using standard procedures for wetland review identified in subsection (10) of this section.

(3) Development Limitations – Alterations of Wetlands. Development or clearing activities shall protect the functions of wetlands and wetland buffers on the site. Activities shall result in no net loss of wetland or buffer functions. Alteration of all regulated wetlands should be fully mitigated and not be allowed unless project mitigation sequencing has been followed. Project mitigation sequencing should follow the standard of first avoiding (the preferred protection), or minimizing and mitigating impacts to wetlands and wetland buffers.

(a) In Category I wetlands only, the following activities may be allowed:

(i) Installation of utilities such as water, sewer, stormwater conveyance, gas, electric, cable, fiber optic cable or telephone, expansion of existing roads, utilities and railroads and maintenance of existing levees or dikes; provided, that impacts are minimized and that mitigation for any unavoidable impacts to wetland functions is conducted. New roads, dikes and levees shall only be allowed if compliance to LMC 17.10.180, Variances, is demonstrated.

(ii) Trails constructed with pervious surfaces and wildlife viewing structures; provided, that the trails and structures minimize the impact and are constructed so that they do not interfere with wetland hydrology.

(b) In Category II wetlands, the following activities may be allowed:

(i) Activities allowed in Category I wetlands.

(ii) Enhancement and restoration activities aimed at protecting the soil, water, vegetation or wildlife.

(iii) Activities that are mitigated in accordance with an approved wetland delineation report prepared according to the performance standards described in LMC 17.12.010 and an approved mitigation plan prepared according to the performance standards described in LMC 17.10.160.

(i) Activities allowed in Category I and II wetlands.

(ii) Activities that are mitigated in accordance with an approved wetland delineation report prepared according to the performance standards described in LMC 17.12.010 and an approved mitigation plan prepared according to the performance standards described in LMC 17.10.160.

(4) Wetland Buffers. Wetland buffers shall be determined by the responsible official, in accordance with the standards below.

(a) Buffers are required for all regulated wetlands. Wetland buffer widths are established in Tables 17.10.110.4.a, 17.10.110.4.b, and 17.10.110.4.c of this section, and are based on the corresponding wetland rating category and land use intensity. Land use intensities are shown in Table 17.10.110.4.d. Category IV wetland buffers are based solely on the water quality buffers specified in Table 17.10.110.4.a.

Table 17.10.110.4.a. Wetland Buffers Required to Protect
Water Quality Functions
Wetland Rating	Low Intensity Use	Moderate Intensity Use	High Intensity Use
Category I	50 ft.	75 ft.	100 ft.
Category II	50 ft.	75 ft.	100 ft.
Category III	40 ft.	60 ft.	80 ft.
Category IV	25 ft.	40 ft.	50 ft.

Table 17.10.110.4.b. Wetland Buffers Required to Protect Habitat Functions in
Category I and II Wetlands
Habitat Score in the Rating Form	Low Intensity Use	Moderate Intensity Use	High Intensity Use
19 points or less	See Table 17.10.110.4.a	See Table 17.10.110.4.a	See Table 17.10.110.4.a
20-28 points	75 ft.	100 ft.	125 ft.
29-36 points	125 ft.	200 ft.	250 ft.

Table 17.10.110.4.c. Wetland Buffers Required to Protect Habitat Functions in
Category III Wetlands
Habitat Score in the Rating Form	Low Intensity Use	Moderate Intensity Use	High Intensity Use
19 points or less	See Table 17.10.110.4.a	See Table 17.10.110.4.a	See Table 17.10.110.4.a
20-28 points	75 ft.	100 ft.	125 ft.

Table 17.10.110.4.d. Land Use Intensity Matrix
	Low	Moderate	High
Parks and Recreation	Natural fields and grass areas, viewing areas, split rail fencing	Impervious trails, engineered fields, fairways	Greens, tees, structures, parking, lighting, concrete or gravel pads, security fencing
Streets and Roads	NA	Residential driveways and access roads	Public and private streets, security fencing, retaining walls
Stormwater Facilities	Outfalls, spreaders, constructed wetlands, bioswales, vegetated detention basins, overflows	Wet ponds	Maintenance access roads, retaining walls, vaults, infiltration basins, sedimentation fore bays and structures, security fencing
Utilities	NA	Maintenance access roads	Paved or concrete surfaces, structures, facilities, pump stations, towers, vaults, security fencing, etc.
Commercial/Industrial	Underground and overhead utility lines, manholes, power poles (without footings)	NA	All site development
Residential	Density at or lower than 1 unit per 5 acres	Density between 1 unit per acre and higher than 1 unit per 5 acres	Density higher than 1 unit per acre

(b) Buffer widths shall be measured outward from the delineated boundaries of the regulated wetland and extend the required distance.

(c) Areas which are functionally separated from a wetland and do not protect the wetland from adverse impacts may be excluded from buffers otherwise required. Such areas may include but are not limited to impervious surfaces such as roads and driveways, buildings, and maintained flood control dikes.

(d) As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs and/or permanent fencing along the upland boundary of the wetland buffer area. The permanent signs and/or permanent fencing must be perpetually maintained by the property owner. Permanent wood or metal signs shall be posted at an interval of one per lot for single-family residential uses or at a maximum interval of 200 feet or as otherwise determined by the director. The sign shall be worded as follows or with alternative language approved by the director:

Wetland and Wetland Buffer – Please Retain In A Natural State. Alteration or disturbance is prohibited by law. Please call the City of Longview for more information.

(5) Wetland Buffer Width Averaging. Wetland buffer widths may be modified by averaging buffer widths as set forth herein.

(a) Buffer width averaging shall be allowed only where the applicant demonstrates to the department that the wetland contains variations in sensitivity due to existing physical characteristics, that lower intensity land uses would be located adjacent to areas where the buffer width is reduced, and that width averaging will not adversely impact the wetland functional values.

(b) The total area contained within the buffer after averaging shall be no less than that contained within the standard buffer prior to averaging.

(6) Wetland Buffer Width Reduction. Wetland buffer widths may be reduced by buffer width reduction as set forth herein.

(a) The buffer width may be reduced by up to 50 percent if an applicant undertakes measures approved by the department to enhance the buffer, including, but not limited to, planting of noninvasive native trees or shrubs, increasing the diversity of plant cover types, or replacement of noninvasive exotic species with native species, in accordance with the mitigation standards referenced in subsection (9) of this section and LMC 17.10.160. A planting plan shall be required, and shall be prepared by a qualified ecologist or biologist or prepared by a registered landscape architect and reviewed and certified by a qualified ecologist or biologist certifying that the plantings will complement, enhance, and support the functions of the adjacent wetland.

(7) Minimum Buffer Width Reduction.

(a) In the case of buffer averaging and buffer reduction via subsections (5) and (6) of this section, the minimum buffer width at its narrowest point shall not be less than the low intensity land use water quality buffer widths contained in Table 17.10.110.4.a. Buffer width reduction shall not be used in combination with buffer width averaging on the same resource on a property or site. Where multiple resources exist on a property or site, the department may authorize the use of buffer width averaging and buffer width reduction on different resources on the property or site; provided, that any required scientific analysis or reporting addresses and supports the separate use.

(8) Activities Allowed in a Wetland Buffer Zone. The following are activities allowed within the wetland buffer zone. Such activities or projects shall be consistent with the wetland development limitations and mitigation standards set forth for a buffered wetland. Prior to development or alteration within the buffer zone, the applicant shall demonstrate the following:

(a) Avoidance of all impacts by restructuring the project.

(b) Minimize or reduce net impact to buffer while maintaining at least 50 percent of the buffer width on regulated wetlands.

Allowed activities:

(a) Pedestrian trails are allowed in the buffer; provided, that they are limited to five feet wide or less, are located in the outer 50 percent of the buffer, are constructed with a surface that does not interfere with wetland hydrology, and impacts are mitigated. Trails should be designed to avoid removal of significant trees.

(b) Stormwater Management Facilities. Stormwater management facilities are only allowed in buffers of wetlands with low habitat function (less than 20 points on the habitat section of the Western Washington Wetland Rating Form); provided, the facilities are built on the outer 25 percent of the buffer and do not degrade the existing buffer function and are designed to blend with the natural landscape. Stormwater management facilities are limited to detention facilities, constructed wetlands, stormwater dispersion outfalls, and bioswales. Stormwater management facilities are prohibited within forested wetland buffer areas.

(c) Road and Utility Crossings. Crossing buffers with new roads and utilities is allowed; provided, that buffer functions are replaced, and impacts to the buffer and wetland are minimized.

(d) Other regulated activities other than pedestrian trails, stormwater management facilities and road and utility crossings are allowed in the buffer if all of the following conditions are met:

(i) The activity is temporary and will cease or be completed within three months of the date the activity begins;

(ii) The activity will not result in a permanent structure in or under the buffer;

(iii) The activity will not result in a reduction of buffer acreage or function; and

(iv) The activity will not result in a reduction of wetland acreage or function.

(9) Mitigation Standards.

(a) All adverse impacts to all regulated wetlands and buffers as identified in the wetlands assessment shall be specified in a mitigation plan consistent with LMC 17.10.160, be prepared by a qualified expert, and be consistent with the standards cited in references noted in subsection (9)(b) of this section, and contained in LMC 17.12.010.

(b) When an applicant proposes to alter or eliminate a regulated wetland, he/she shall be required to replace or enhance the function and value of the wetland based upon an evaluation procedure such as is found in Methods for Assessing Wetland Functions on Riverine and Depressional Wetlands in the Lowlands of Western Washington, Department of Ecology Publication No. 99-115 and No. 99-116. When replacement of a wetland is proposed, the wetland and associated buffer shall be replaced at the ratio designated in Table 17.10.110.9.b.

Table 17.10.110.9.b. Standard Wetland Mitigation Ratios
Category and Type of Wetland Impacts	Reestablishment or Creation	Rehabilitation Only	Reestablishment or Creation (R/C) plus Rehabilitation (RH)	Reestablishment or Creation (R/C) plus Enhancement (E)	Enhancement Only
Category I Natural Heritage Site	Not considered possible	6:1 rehabilitation of a natural heritage site	N/A	N/A	Case-by-case
Category I forested	6:1	12:1	1:1 R/C and 10:1 RH	1:1 R/C and 20:1 E	24:1
Category I based on score for functions	4:1	8:1	1:1 R/C and 6:1 RH	1:1 R/C and 12:1 E	16:1
Category II	3:1	6:1	1:1 R/C and 4:1 RH	1:1 R/C and 8:1 E	12:1
Category III	2:1	4:1	1:1 R/C and 2:1 RH	1:1 R/C and 4:1 E	8:1
Category IV	1.5:1	3:1	1:1 R/C and 1:1 RH	1:1 R/C and 2:1 E	6:1

(c) The mitigation ratios provided in Table 17.10.110.9.b are target ratios. Ratios may be increased or decreased to address site-specific situations. It is up to the project proponent to provide the justification for a decrease in the standard ratios. Preservation may be used as a mitigation strategy in some cases. Recommended preservation ratios can be found in Section 6.5.5 of the Department of Ecology’s Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, Publication No. 06-06-011a, or as revised by Ecology, but final actual ratios may be subject to review by the Department of Ecology and/or the department.

(i) Increased Replacement Ratio. The department or designee may increase the ratios under the following circumstances:

(A) Uncertainty exists as to the probable success of the proposed restoration or creation; or

(B) A significant period of time will elapse between impact and replication of wetland functions; or

(C) Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or

(D) The impact was an unauthorized impact.

(ii) Decreased Replacement Ratio. The department may decrease the ratios under the following circumstances:

(A) Documentation by a qualified wetland specialist demonstrates that the proposed mitigation actions have a very high likelihood of success;

(B) Documentation by a qualified ecologist or wetland specialist demonstrates that the proposed mitigation actions will provide functions and values that are significantly greater than the wetland being impacted; or

(d) Wetland Mitigation Banks.

(i) Credits from a wetland mitigation bank may be approved for use as mitigation for unavoidable impacts to wetlands when:

(A) The bank is certified under Chapter 173-700 WAC; and

(B) The department determines that the wetland mitigation bank provides appropriate mitigation for the authorized impacts; and

(ii) Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank’s certification.

(iii) Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank’s certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions.

(e) Mitigation bonding at 125 percent of the project cost may be required at the discretion of the director to ensure design and construction of compensatory mitigation project.

(10) Wetland Delineation. For the purposes of this chapter, wetland delineation shall be performed in accordance with the procedures as specified in the Army Corps of Engineers Wetlands Delineation Manual (1987) Army Engineer Waterways Experiment Station Technical Report Y-87-1, or the Washington State Wetlands Identification and Delineation Manual, Ecology Publication No. 96-94, March 1997, as amended. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.120 Fish and wildlife habitat conservation areas.

(1) Designation of Critical Fish and Wildlife Habitat Conservation Areas. Critical fish and wildlife habitat conservation areas are designated according to the classifications in Table 17.10.120.1.

Table 17.10.120.1. Fish and Wildlife Habitat Conservation Areas
Habitat Classifications		Description
(1)	Areas with which federal or state designated endangered, threatened, or sensitive species have a primary association.	Areas which, if significantly altered, may reduce the likelihood that the species will reproduce over the long term. Federally designated species are those identified by U.S. Department of Fish and Wildlife or the National Marine Fisheries Service. State designated species are those identified by the Washington Department of Fish and Wildlife. These habitats are designated as critical areas, where endangered, threatened, and sensitive species are verified to have a primary association.
(2)	State priority habitats and areas associated with state priority species.	Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the Washington Department of Fish and Wildlife.
(3)	Species and habitats of local importance and high quality ecosystems.	Habitat: Unique habitats of local importance which regionally rare plant or wildlife species depend upon and that have high plant or wildlife concentrations, including:
		1. Oak woodlands
		2. Riparian habitat
		Species: Wildlife species which require protective measures for their continued existence due to their population status or sensitivity to habitat alterations or are highly valued by the local citizens. Species meeting the above criteria but not depending upon a habitat of local importance (as listed above) to meet criteria habitat needs are those documented, verified, and mapped in the city of Longview.
		High Quality Ecosystems: High quality ecosystems are those that are identified by the Washington Department of Natural Resources through the Natural Heritage Program.
(4)	Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat.	Naturally occurring ponds are waters with a surface area of less than 20 acres but greater than one acre and manmade ponds developed as mitigation as part of a permitting process or mitigation agreement. Naturally occurring ponds do not include ponds deliberately 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, unless such artificial ponds were intentionally created for mitigation.
(5)	Waters of the state.	Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-030 and 222-16-031.

(2) Development Performance Standards. Regulated development, as described in LMC 17.10.060, shall conform to and be governed by the following items in this subsection, and in subsection (3) through (7):

(a) Performance standards contained in this section shall be used to develop plans submitted for regulated activities so that impacts to critical fish and wildlife habitats can be minimized.

(b) Consider habitat in site planning and design.

(d) Consolidate habitat and vegetated open space in continuous blocks, and where possible locate habitat contiguous to other habitat, open space or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas.

(e) Use noninvasive native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers.

(f) Emphasize heterogeneity and structural diversity of vegetation in landscaping.

(g) Remove and/or control any noxious or non-native species of plants.

(h) Preserve existing trees to the extent possible, preferably in consolidated areas.

(i) Preserve and introduce native plant species which serve as food, shelter from climatic extremes and predators, and structure and cover for reproduction and rearing of young for critical wildlife.

(j) Preserve the existing hydraulic functions of drainage systems.

(k) Preserve critical fish and wildlife habitat conservation areas through maintenance of stable channels, adequate low flows, management of storm water runoff, erosion, and sedimentation to the furthest extent possible.

(l) Manage access to critical fish and wildlife habitat conservation areas to protect species which are directly affected by human disturbance. The outer perimeter of the habitat conservation area or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be temporarily marked in the field in such a way as to ensure that no unauthorized intrusion will occur and verified by the director prior to the commencement of permitted activities. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place.

(m) As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs and/or permanent fencing along the boundary of a habitat conservation area or buffer. Permanent wood or metal signs shall be posted at an interval of one per lot for single-family residential uses or at a maximum interval of 200 feet or as otherwise determined by the director, and must be perpetually maintained by the property owner. The sign shall be worded as follows or with alternative language approved by the director:

The area beyond this sign is a fish and wildlife habitat conservation area. Alteration or disturbance is prohibited by law. Please call the City of Longview for more information.

(n) Maintain or enhance water quality through control of runoff and use of best management practices and the city of Longview erosion and stormwater control ordinance (Chapter 17.80 LMC).

(o) No plant, wildlife, or fish species not indigenous to the region shall be introduced into a habitat conservation area unless authorized by a state or federal permit or approval.

(p) All planned and unintended impacts to critical areas shall be fully mitigated, with the goal being to maintain full habitat functions and values. An applicant shall replace any lost functions by enhancement to other functions, so long as the applicant demonstrates that enhancement of the other functions provides no net loss in overall functions and maintains habitat connectivity. To the maximum extent feasible, enhancement shall be undertaken on site.

(3) Overlap of Critical Areas. LMC 17.10.100 notwithstanding, if a fish or wildlife habitat classification is determined to be a wetland, then the regulations which provide the greater protection shall apply.

(4) Habitat Management Plan for Classifications 1 and 2. A habitat management plan may be required to be prepared in accordance with the standards contained in LMC 17.12.020 if the regulated activity is within 250 feet of a Classification 1 or 2 Habitat Area, or identified within 1,000 feet of a point location (nests, dens, etc.) for a Classification 1 Habitat Area.

(a) Habitat Management Plan Requirements.

(i) A habitat management plan will be prepared by a qualified expert, in accordance with the standards contained in LMC 17.12.020.

(ii) Habitat management plans must be sent to the Washington State Department of Fish and Wildlife and other appropriate state and federal agencies for comment with the SEPA checklist and peer review for a 14-day comment period. If a response is not received from the appropriate agency within the 14-day review period, the city will assume there are no comments on the project or activity forthcoming from that agency. Copies of comments received by other agencies will be forwarded to the city of Longview, community development department.

(5) Habitat Protection for Classification 3. Protection for these habitat areas shall be through the development performance standards listed above in subsection (2) of this section as developed by a qualified expert.

(6) Habitat Protection for Classifications 4 and 5. Protection for these habitat areas shall be through the Shoreline Management Act, the Federal Clean Water Act, and the state Hydraulic Code and/or best management practices. Within Classification 5, Type N, F and S waters, as defined in WAC 222-16-030, Forest Practices Board, Definitions, are regulated waters.

(7) Riparian Zones. Riparian zones and/or development setback areas shall be required for all regulated activities adjacent to streams. All riparian zones/setbacks shall be measured from the ordinary high water mark (OHWM), and shall require the appropriate buffer widths shown in Table 17.10.120.7.a, and are based on stream type definition.

Stream types are defined and mapped based on WAC 222-16-030, Forest Practices Rules. Type S streams include shorelines of the state and have flows averaging 20 or more cubic feet per second; Type F streams are those that are not Type S but still provide fish habitat; and Type N streams do not have fish habitat and are either perennial (Np) or seasonal (Ns). All streams are those areas where surface waters flow sufficiently to produce a defined channel or bed as indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. Ns streams must connect to another stream above ground. Seasonal or intermittent streams are surface streams with no measurable flow during 30 consecutive days in a normal water year.

Table 17.10.120.7.a. Standard Riparian Buffer Widths
Stream Type (WAC 222-16-030)	Buffer Width
Type S – Shorelines of the State	200 feet
Type F – Fish-bearing streams (> 5 feet wide)	150 feet
Type F – Fish-bearing streams (< 5 feet wide)	125 feet
Type Np – Non-fish-bearing streams – perennial	100 feet
Type Ns – Non-fish-bearing streams – seasonal	50 feet

Table 17.10.120.7.b. Water Type Conversion Table
Old Water Typing System	New Water Typing System
Type 1	Type S
Types 2 and 3	Type F
Type 4	Type Np
Type 5	Type Ns

(a) Internal Riparian Zone Averaging. Subject to review under the standards contained in this chapter, portions of the riparian zone may be reduced up to 50 percent from the normal standards of this chapter if riparian zone widths are correspondingly increased elsewhere within the applicant parcel, such that the overall size, function and values of the riparian zone are maintained. In no event shall the width of the riparian zone be less than 25 feet. Buffer width averaging shall not be used in combination with buffer width reduction.

(b) Buffer Width Reduction. Buffer width may be reduced by up to 50 percent if an applicant undertakes measures approved by the department to enhance the buffer, including, but not limited to, planting of noninvasive native trees or shrubs, increasing the diversity of plant cover types, or replacement of noninvasive exotic species with native species in accordance with the mitigation standards referenced in LMC 17.10.160. A planting plan shall be required, and shall be prepared by a qualified ecologist or biologist or prepared by a registered landscape architect and reviewed and certified by a qualified ecologist or biologist certifying that the plantings will complement, enhance and support the functions of the fish and wildlife habitat conservation area.

(c) Buffer Width Increase. In some instances, wider riparian area widths may be necessary to protect sensitive wildlife species, such as bald eagle nests, heron rookeries, etc., that depend on streams and wetlands, or to protect surface waters from slope failures and soil erosions. These standards will be applied on a case-by-case basis based upon site-specific and watershed system information, such as fish and wildlife habitat needs, site topography, hydrology and other factors. Applicants for development are encouraged to consult the resource the Washington Department of Fish and Wildlife’s Management Recommendations for Washington’s Priority Habitats – Riparian (1997) to design appropriate buffer widths. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.130 Frequently flooded critical areas.

(1) Classification. All flood hazard areas shall be as identified on the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency (FEMA), dated December 20, 2001, as now or hereafter amended. These maps are hereby adopted by reference and declared to be part of this chapter.

(2) Designation. Areas of the city of Longview meeting the classification criteria for frequently flooded areas are hereby designated as such under RCW 36.70A.170.

(3) Development Limitations. All development shall comply with Chapter 17.24 LMC, Flood Damage Prevention, as now or hereafter amended. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.140 Geologic hazard areas.

This section acknowledges the application of other relevant codes and regulations, which may require mutual compliance.

(1) Geotechnical Assessments. For all regulated activities proposed within designated landslide, erosion, or mine hazard areas, a geotechnical assessment or an erosion hazard assessment, as appropriate, prepared by a geotechnical engineer in accordance with the standards contained in LMC 17.12.030 and/or 17.12.040, shall be submitted with the development permit application and coordinated with the International Building Code requirements.

If the assessment indicates a landslide potential, or potentially unstable soil on the site, a geotechnical assessment will be required per the standards contained in LMC 17.12.030. The minimum requirements for preparing the erosion hazard and geotechnical assessments are included in the standards contained in LMC 17.12.030. If hydrogeologic testing and site evaluation is required, it shall be performed according to the standards contained in LMC 17.12.050.

(2) Classification – Landslide Hazard Areas. Landslide hazard areas are those areas meeting any of the following criteria:

(a) Areas of historic failure, such as areas designated as quaternary slumps, earthflows, mudflows, or landslides.

(b) Any area with the following characteristics:

(i) Slope greater than 15 percent, and:

(A) Steep hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock, or

(B) Springs or groundwater seepage.

(ii) Any slope 40 percent or steeper with a vertical relief of 10 or more feet.

(c) Slopes that are parallel or sub-parallel to planes of weakness, such as bedding planes, joint systems, and fault planes.

(d) Slopes having gradients greater than 80 percent and subject to rock fall during seismic shaking.

(e) Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action.

(f) Areas located in a canyon, on an active alluvial fan, or that are presently subject to inundation by debris flows or catastrophic flooding.

(g) Other areas as the city engineer may conclude present potential slide hazards.

(3) Classification – Erosion Hazard Areas. Erosion hazard areas are areas identified by the presence of soils which are recognized as having high erosion potential in the 1988 Natural Resource Conservation Service Soil Survey of Cowlitz Area, Washington, or as amended.

Areas mapped as deep-seated slides and seeps, shallow slides, and potentially unstable slopes in the 2006 Wegmann Report should also be considered to be in a high erosion hazard area.

(4) Development Standards for Landslide Hazard Areas and Erosion Hazard Areas. Any allowed or regulated activity on areas identified as susceptible to landslide or erosion hazards or their buffers shall conform to the following standards:

(a) Grading.

(i) Clearing, grading, and other construction activities shall not create, aggravate or result in slope instability or surface sloughing.

(ii) Undergrowth shall be retained to the maximum extent feasible.

(iii) No dead vegetation (slash), fill, or other foreign material shall be placed within a landslide or erosion hazard area, other than that approved for bank stabilization or if such fill is consistent with authorized activities specified in a geotechnical report.

(iv) Minimize ground disturbance to the maximum extent feasible.

(b) Erosion control will conform to standards outlined in Chapter 17.80 LMC, stormwater runoff and erosion control:

(i) There shall be minimum disturbance of trees and vegetation in order to reduce 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 fill site prior to the placement of fill.

(iv) Thinning the limbs of individual trees is preferred over tree removal as a means to provide a view corridor.

(v) Vegetative cover or engineered ground covers shall be placed on any disturbed surface to the extent feasible.

(vi) For large projects, phasing of the project is preferred to minimize the area subject to erosion. Uncovered areas should not be cleared until previous phases are completed.

(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-dissipating device at the toe for discharge to a swale or other acceptable natural drainage areas.

(ii) Stormwater retention and detention systems, including percolation systems utilizing buried pipe, are strongly discouraged unless a geotechnical assessment indicates such a system will not affect slope stability, and the percolation systems are designed by a licensed civil engineer. The licensed civil engineer shall also certify that the percolation systems are installed as designed.

(d) Sewage Disposal System Drainfields. For the purpose of landslide or erosion control, the sewage disposal drain fields shall be located outside of the hazard area buffer, unless otherwise justified by a qualified geotechnical engineer. The septic system drain field must be in compliance with all local government health regulations.

(e) Buffers.

(i) The minimum buffer shall be equal to the height of the slope or 50 feet, whichever is greater. The buffer shall be measured horizontally and is required at the top, toe, and along all sides of any existing landslide or erosion hazard, within a critical geologic hazard area. The buffer may be less than 50 feet if recommended in a geotechnical report by a qualified geotechnical engineer and approved pursuant to LMC 17.10.072(6).

(ii) The buffer shall be clearly staked before and during any construction or clearing.

(f) Design Guidelines.

(i) Structures should be clustered where possible to reduce disturbance and removal of vegetation.

(ii) Foundations should be stepped to the contours of the slope to the greatest extent possible.

(iii) Roads, walkways, and parking areas should be designed to parallel the natural contours of the site.

(iv) All development proposals shall be designed to minimize impacts of the project.

(5) Classification – Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. Areas mapped in the moderate to high risk category on the Liquefaction Susceptibility Map of Cowlitz County, Washington should be considered in a seismic hazard area.

(6) Development Standards – Seismic Hazard Areas. All development within areas that meet the classification for seismic hazard areas shall comply with the currently adopted International Building Code. A critical area permit is not required by this chapter for seismic hazards. An assessment of the risk of liquefaction potential and whether it should be mitigated by design is best defined by a qualified civil engineer with expertise in geotechnical seismic force resisting.

(7) Classification – Mine Hazard Areas. For the purposes of this classification, mine hazard areas are:

(a) Abandoned mines and/or workings where locations are known.

(b) Abandoned mines and/or workings where exact locations are unknown, but based upon the best available information there is good cause to believe it is within an area, or which may be reasonably delineated.

(8) Development Standards – Mine Hazard Areas. Development adjacent to a mine hazard is prohibited unless the applicant can demonstrate the development will be safe. If a proposal is located adjacent to a mine hazard area, a geotechnical assessment may be required. At this time, the Washington Department of Natural Resources has no record of any mine hazard areas in or immediately adjacent to the city of Longview.

(9) Classification – Volcanic Hazard Areas. For the purposes of this classification, all volcanic mudflow hazard areas shall be identified as the 500-year floodplain areas identified in FEMA maps.

(10) Development Standards – Volcanic Hazard Areas. Development shall comply with existing Federal Emergency Management Agency (FEMA) regulations for floodplain management. A critical area permit is not required by this chapter for development within a volcanic hazard area.

(11) Designations. Lands in the city meeting the classification criteria for geologic hazard areas are hereby designated, under Chapter 36.70A RCW, as geologic hazard areas. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.150 Critical aquifer recharge areas (CARAs).

While the residents and businesses in Longview rely on surface water from the Cowlitz River for the majority of their potable water, groundwater is utilized by some for domestic or nondomestic uses and may be used by the city as a primary or secondary source of potable water. Groundwater is contained in underground layers of permeable rock, sand, gravel and/or soil called aquifers. These aquifers are important public resources and fundamental components of the overall hydrological cycle. Aquifers serve as reservoirs for storing, transmitting, and yielding water through springs and wells. Aquifers also provide natural filtration for groundwater, which is especially important for public water supply. The percolation of precipitation, irrigation, and other runoff through the soil and overlying formation filters many impurities, and as groundwater moves through an aquifer, it is further filtered. Aquifers also are considered important components of the hydrological cycle because they are interconnected and interface with surface water systems in wetlands, ponds, lakes, rivers, streams, and creeks.

(1) Regulated aquifer recharge areas are those areas with a critical recharging effect on aquifers used for potable water. These aquifers are vulnerable to contamination that would affect the potability of the water supply as defined in WAC 365-190-030(2).

(2) Critical Aquifer Recharge Areas. Critical aquifer recharge areas are those recharge areas with the geologic conditions associated with infiltration characteristics that create a high potential for groundwater contamination or which contribute significantly to the replenishment of groundwater that may be used for potable water to supply the city’s public water system. CARAs within the city of Longview jurisdiction may be designated by ordinance based on appropriate hydrogeologic evaluation. Presently, there are no designated CARAs within the corporate limits of the city of Longview.

(3) Permitted Activities – Critical Aquifer Recharge Areas. The following activities are allowed in critical aquifer recharge areas without the requirement for an aquifer impact report:

(a) Construction of or improvements to single- and two-family residences and customary appurtenant structures, or to other structures, not greater than 2,500 square feet in roof area or such structures together with driveways or parking lots amounting to no greater than a 20 percent increase in impervious surface at the site, whichever is lesser.

(b) Parks, recreation, open space and similar facilities as long as no more than 10 percent of the site is impervious and insofar as such facilities do not use or store or increase the use or storage of hazardous materials or petroleum products, excluding permitted uses of pesticides or petroleum products for normal operation and/or maintenance.

(c) Temporary storage facilities where no more than five percent of the site is impervious surface and where hazardous materials or petroleum products are not used or stored except for transport or vegetation maintenance.

(4) Aquifer Impact Reporting Requirement. For all new developments within aquifer recharge areas designated as CARAs, and excepting the uses identified as permitted in subsection (3) of this section, or in LMC 17.10.070, an aquifer impact assessment report (AIAR) shall be prepared before such development is permitted.

AIARs shall contain the following elements:

(a) Identification of the proposed land development activity including size, amount of impervious surface, vehicular usage and storage, and sources of water for consumption and other on-site usage.

(b) Identification of geological, soil, topographic, and hydrologic features and conditions at the subject and abutting properties based on existing public information (e.g., soil surveys, topographic maps, Washington Geology mapping, existing site well logs, etc.). These shall be displayed on a site map.

(d) Information on springs or wells within 500 feet of the site including information of water quality if readily available.

(e) Proposed plans for management of runoff including routing and infiltration if applicable. Infiltration of uncontaminated (e.g., roof) runoff is encouraged where feasible.

(f) Provisions for a groundwater elevation and quality monitoring plan.

(g) An evaluation of the proposed project impacts on groundwater quality and quantity for the CARA including a plan for the mitigation of any potential impacts on the CARA.

An AIAR report should be prepared by a qualified professional in geology, environmental science, hydrology or engineering with experience in preparing hydrological assessments. AIARs will be subject to review by the city engineer or his/her designees and this review will be forwarded to the director. If the director, in coordination with the engineer, determines that there is a potential for significant impact to either water quality or quantity in a designated CARA, the director will make a determination of the need for additional hydrogeological testing and site evaluation as described in LMC 17.12.050. Such evaluation may be performed by the city for the purpose of clarifying the characteristics (size, capacity, boundaries, quality) of the CARA or may be required of the applicant to quantify the potential impacts to the CARA.

(5) Prohibited Uses. The following activities are prohibited in CARAs:

(a) Underground or above ground storage tanks that will contain hazardous materials or petroleum products unless such tanks are double-walled or located in a sealed containment area with a capacity larger than the tank, and unless such tank locations have adequate warning systems to ensure prompt response in the event of a tank leak or failure.

(b) Sanitary landfills.

(c) Petroleum product processing, storage, or transfer facilities, unless such facilities are located in a sealed containment area with a capacity larger than the total capacity of petroleum products and hazardous materials on site at any time, or the ground on site is adequately covered by impervious surfaces with berms, wall and drainage features that will capture any spills or contaminated runoff and direct it to a suitable containment area, or any other features necessary to prevent percolation or injection of contamination into the groundwater.

(d) Underground injection wells excluding foundation drains or dry wells servicing roof drains in nonindustrial areas that receive only uncontaminated rainwater, or foundation and roof drains that are directed to a containment discharge area that prevents percolation or injection of potentially contaminated water into the groundwater.

(e) Mining. Sand and gravel mines may be permitted by exception if the Level 2 AIAR report clearly demonstrates that the CARA capacity and quality will not be impaired by the mining activity.

(f) Wood treatment or other industrial or commercial activities using hazardous process chemicals or petroleum products that allow any portion of the operational, treatment or manufacturing process to occur over permeable surfaces or areas where contamination has the potential to reach the CARA.

(g) Storage or use of radiological materials except in medical practice.

(h) Any other activity that significantly reduces aquifer recharge, aquifer flow, or aquifer quality such that the potential for continued potability (public water supply use) is threatened. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.160 Mitigation plan performance standards.

(1) Mitigation Planning Requirements. All critical areas mitigation projects required pursuant to this chapter either as a permit condition or as the result of an enforcement action shall follow a mitigation plan approved by the department and prepared by qualified experts. Prior to any submittals of mitigation plans for critical area alterations, the applicant must demonstrate project sequencing for any impacts, intentional or otherwise. Project mitigation sequencing should follow the standard of first avoiding (the preferred protection), or minimizing and mitigating impacts to wetland and wetland buffers.

(a) When a mitigation plan is required, it shall be approved by the department prior to any site disturbance. The department may seek assistance from resource agencies prior to making a decision on the completeness of their application. At a minimum, the plan shall meet the following standards:

(i) It shall be prepared by a qualified expert and shall be acceptable to the director.

Those plans and/or reports requiring geotechnical expertise shall bear the stamp of the registered professional engineer conducting the geotechnical assessment. The director may determine that a peer review be conducted by the applicant at the applicant’s expense.

(ii) The mitigation plan shall include the following baseline and conceptual information:

(A) A copy of the original critical areas delineation report or technical assessment;

(B) Description of vegetative, hydrological, and soil conditions at the site;

(D) Goals and objectives of the project;

(E) Description of type of mitigation;

(F) Map of mitigation area and buffers;

(G) Site plan;

(H) Discussion and map of plant material location and densities, if required for mitigation. Written description of measures to protect and maintain plants until established;

(I) Description of monitoring program, to include the monitoring of the construction of the mitigation project, as well as assessing the completed project. The mitigation plan shall also include an outline of the schedule for site monitoring, and how the monitoring data will be evaluated to determine if the performance standards are being met; and

(J) Project construction timeline.

(iii) It shall include an assessment of the existing functions and values of the critical area, the functions and values that will be lost, and the critical area’s expected functions and values after mitigation.

(iv) It shall specify and describe how impacts to the critical area functions and values will be avoided.

(v) It shall include provisions for monitoring the mitigation area as reasonably necessary to determine whether stated objectives have been accomplished. A contingency plan and a schedule for its implementation shall be included in the event the stated objectives are not accomplished.

(vi) Mitigation shall be provided on site, except where on-site mitigation is not scientifically feasible, economical, or practical due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on site.

(vii) When mitigation cannot be provided on site, it shall be provided in the immediate vicinity of the permitted activity on property owned or controlled by the applicant where such mitigation is practical and beneficial to the critical area and associated resources. Where possible, this means within the same hydrologic unit as the location of the proposed project.

(viii) Mitigation plans shall be approved by the department prior to any site alterations.

(b) Restoration shall be required when a critical area has been altered by the landowner after the adoption of this chapter and prior to project approval or when a critical area is temporarily affected by construction or any other temporary phase of a project.

(c) A monitoring report shall be submitted to document the milestones, successes, problems, and contingency actions of the mitigation project. The mitigation project shall be monitored by the applicant or a qualified expert for a period necessary to establish that the mitigation is successful, but not for a period of less than five years. Creation and forested wetland mitigation shall be monitored for a period of at least 10 years. Monitoring reports shall be submitted to the department in years 1, 3, 5, 7 and 10. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.170 Strategic plan for protecting aquatic habitat.

(1) Intent.

(a) The intent of this section is to implement a planning strategy to protect aquatic habitat, consistent with state and federal regulation using locally based efforts for specific implementation plans and to assist and encourage the restoration and protection of the natural landscape processes that form and sustain habitat to which fish stocks are adapted.

(2) Goal.

(a) The city believes in protecting aquatic habitat to the greatest extent possible while providing for orderly development and complying with the federal Endangered Species Act. Aquatic habitat is defined as those areas where juvenile and adult fish exist or are known to migrate, forage, reproduce, or inhabit. The city of Longview recognizes the Cowlitz River and the Columbia River as known aquatic habitat.

(3) Purpose.

(a) Early Action Planning Efforts by the City of Longview.

(i) The city of Longview is actively participating in the Lower Columbia Fish Recovery Board Planning Unit for WRIA 25 and 26 which focuses on long-term strategic watershed planning and management, with key elements addressing water quality, water quantity, and fish habitat (HB 2514).

(ii) The city is taking a proactive stance in protecting erosion and stormwater from affecting fish-bearing waters through implementation of Chapter 17.80 LMC, Stormwater Management (Ordinance No. 2726).

(iii) The city will encourage locally based efforts on habitat restoration along tributaries of the Cowlitz and Columbia Rivers, which flow adjacent to the city’s jurisdiction.

(iv) The city will consider and review an incentive based approach which: (A) adequately protects the stream and riparian functions, and (B) assists landowners on a case-by-case basis for any perceived disproportionate burden(s). (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.180 Variances.

If an applicant asserts that application of this chapter would deny all reasonable use of the property, the applicant may apply for a variance. A variance is intended to address those cases in which the application of this chapter unreasonably restricts all economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.

(1) The board shall have the power to grant variances. A request for a variance shall be made on forms provided by the director and shall accompany an application for a development permit. The application shall include, as applicable, a critical areas checklist, critical areas permit application, critical areas report, and a mitigation plan, if necessary. Before an application for a variance is acted upon, all of the matters relating to the application shall be reviewed by the director and his/her findings and conclusions shall be transmitted to the board. The board shall review and act on the application following the procedures of Chapter 19.12 LMC.

(2) Before a variance is granted, it shall be shown by the applicant:

(a) That no other reasonable economic use of the property has less impact on the critical area;

(b) That special conditions and circumstances exist which are peculiar to the land;

(c) That literal interpretation of the provisions of this chapter would deprive the person seeking the variance of rights commonly enjoyed by other properties conforming to the terms of this chapter;

(d) That the special conditions and circumstances do not result from the actions of the person seeking the variance;

(e) That the granting of the variance requested will not confer on the person seeking the variance any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances;

(f) That the variance requested is the minimum necessary to afford relief; and

(g) That to afford relief the requested variance will not create significant impacts to critical areas and resource lands and will not be materially detrimental to the public welfare or contrary to the public interest.

(3) Any variance granted shall be for the least intrusion into the critical area or buffer necessary to allow an economically viable use of the subject property; and

(a) Any authorized alteration of a critical area or buffer under this section shall be subject to conditions established by the board in accordance with this chapter, and shall require mitigation under an approved mitigation plan.

(4) No variances are allowed on salmon-bearing waters or buffers without a habitat management plan approved by the city after a review by state and federal agencies. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.190 Appeals.

Any interpretation or decision made by the director in the administration of this chapter is final and conclusive unless appealed to and/or modified or reversed by the appeal board of adjustment. Appeals of decisions made by other bodies shall be as directed by the appropriate code governing the underlying action.

(1) Any person aggrieved by a decision of the director may, within 20 days following the date of the director’s written decision, submit an appeal of the director’s decision. The burden of proof in any appeal is the responsibility of the appellant. Any appeal shall be in written form and filed in accordance with Chapter 19.12 LMC. Any appeal shall, at a minimum, contain the following information:

(a) An explanation and description of how the appellant is aggrieved.

(b) A statement describing why the appellant believes the decision of the director is in error, and the specific relief sought.

(c) A statement showing why reversing or modifying a decision of the director will not be detrimental to public health, safety or welfare, or significantly negate the functions of a critical area, the goals, objectives and policies of the Growth Management Act, and the purpose of this chapter.

(d) A statement describing any mitigating measures the appellant proposes to assure that the function of the critical area will not be irrevocably jeopardized in the event the appeal is successful.

(2) Upon the filing of an appeal, along with the appropriate fee for a public hearing, the director shall set forth the time and place for a public hearing before the appeal board of adjustment, pursuant to Chapter 19.12 LMC.

(3) Notice of the time, date, and place of the hearing shall be sent to the appellant and the permittee pursuant to LMC 19.12.090. Legal notice of the hearing and posting of the subject property shall be in accordance with LMC 19.12.090.

(4) The appeal board of adjustment shall determine if the decision of the director should be upheld, upheld with conditions, modified or reversed. Any person aggrieved by the appeal decision regarding a permit pursuant to this chapter may request relief from the superior court pursuant to LMC 19.12.170. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.200 Penalties and enforcement/violations.

(1) Civil Infraction. Any person who undertakes any activity within a designated critical area or within a required buffer without first obtaining an approval required by this chapter, except as specifically exempted, or any person who violates one or more conditions of any approval required by this chapter or of any cease and desist order issued pursuant to this chapter shall be guilty of a Class II civil infraction and may be assessed a penalty pursuant to LMC 1.30.040(1)(b) and (2). Each violation of this chapter, or any permit, permit condition, approval or order issued pursuant to this chapter, shall be a separate offense, and, in the case of a continuing violation, each day’s continuance shall be deemed to be a separate and distinct offense. All costs, fees and expenses in connection with enforcement actions may be recovered as damages against the violator.

(2) Enforcement by Director. It shall be the responsibility of the director to enforce the provisions of this chapter, and any permit, order or approval issued pursuant to this chapter. The director is authorized to issue notices of civil infraction for violations thereof. The issuance of a notice of civil infraction shall not preclude recourse to any other remedies permitted by law. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.210 Liability for damages.

This chapter shall not be construed to hold the city of Longview, or any officer or employee thereof, responsible for any damages to persons or property by reason of the certification, inspection or noninspection of any building, equipment or property as herein authorized. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.220 Severability.

Should any section, clause or provision of this chapter or any code adopted hereby be declared by a court to be invalid, the same shall not affect the validity of the remainder, either in whole or in part. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.230 Amendments.

These regulations and the city’s critical area maps may, from time to time, be amended in accordance with the procedures and requirements in the general statutes and as new information concerning wetland location, soils, hydrology, flooding, wetland plants, fish and wildlife habitat, steep slopes, unstable slopes, frequently flooded areas, geologic hazardous areas, critical aquifer recharge areas, hydric soils, or any other critical or environmental area becomes available. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

17.10.240 Relationship to other regulations.

The city shall not grant any approval or permission to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement, without satisfying the requirements of this chapter, including but not limited to the following: building permit; rezone; special property use permit; right-of-way use permit; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; subdivision; planned unit development; grading and clearing permit; utility and other use permit; or any subsequently adopted permit or required approval required by development regulations adopted subsequent to the adoption of this chapter not expressly exempted by this chapter.

The city may approve, approve with conditions, or deny any development proposal in order to satisfy the requirements of and carry out the purposes and requirements of this chapter.

No permit granted pursuant to this chapter shall remove an applicant’s obligation to comply with applicable provisions of any other federal, state or regional law or regulation. (Ord. 3082 § 1, 2009; Ord. 2821 § 1, 2002).

Chapter 17.10CRITICAL AREA ORDINANCE

17.10.010 Introduction and background.

17.10.020 Title and purpose.

17.10.030 Statutory authorization.

17.10.040 Applicability and relationship to other regulatory agencies.

17.10.050 Definitions.

17.10.060 Applicability/regulated activities.

17.10.070 Exemptions.

17.10.071 Exception – Reasonable use.

17.10.072 Critical area permits – Applications and approvals.

17.10.080 Pre-application conference.

17.10.090 Relationship to other regulations.

17.10.100 Critical area inventory maps.

17.10.110 Critical area wetlands.

17.10.120 Fish and wildlife habitat conservation areas.

17.10.130 Frequently flooded critical areas.

17.10.140 Geologic hazard areas.

17.10.150 Critical aquifer recharge areas (CARAs).

17.10.160 Mitigation plan performance standards.

17.10.170 Strategic plan for protecting aquatic habitat.

17.10.180 Variances.

17.10.190 Appeals.

17.10.200 Penalties and enforcement/violations.

17.10.210 Liability for damages.

17.10.220 Severability.

17.10.230 Amendments.

17.10.240 Relationship to other regulations.

Chapter 17.10
CRITICAL AREA ORDINANCE