Chapter 17.21
CRITICAL AREAS – GENERAL/DEFINITIONS
Sections:
17.21.010 Purpose and authority.
17.21.050 Multiple designations.
17.21.077 Public agency and utility exception.
17.21.082 Critical area studies.
17.21.083 Reasonable use exception.
17.21.084 Development regulations.
17.21.088 Nonconforming development.
17.21.089 Administrative rules.
17.21.010 Purpose and authority.
A. These sections establish regulations pertaining to the development of critical areas, as required under the Growth Management Act of 1990 (Chapter 36.70A RCW). State guidelines for classification and protective methods for critical areas are addressed in Chapter 365-190 WAC. “Critical areas” are wetland areas, aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas.
B. The purpose of these local regulations is to protect the environmentally sensitive resources of the city of Chehalis by establishing minimum standards for development of properties which contain or adjoin environmentally sensitive features and thus protect the public health, safety and welfare in regard to critical areas. The city is classifying all required categories of critical areas throughout the city and implementing development regulations to address these areas through these chapters. These standards serve to preclude land uses and developments which are incompatible with critical areas by:
1. Protecting the public from personal injury, loss of life or property damage due to flooding, erosion, landslides, seismic events, or soil subsidence;
2. Protecting against publicly financed expenditures to address improper use or improper management of critical areas;
3. Preventing degradation of the natural environment;
4. Protecting unique, fragile, and valuable elements of the environment;
5. Including the best available science in developing policies and development regulations to protect the functions and values of critical areas;
6. Giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries;
7. Alerting property owners, potential buyers or lessees, appraisers, assessors, and others to the existence of and the development limitations of critical areas;
8. Providing city officials with sufficient information to adequately protect critical areas when approving, conditioning or denying public or private development proposals;
9. Meeting the requirements of the National Flood Insurance Program and maintaining Chehalis as an eligible community for federal flood insurance benefits. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.020 Applicability.
A. This chapter establishes designations and regulations for the protection of all properties which are designated as critical areas or critical area buffers. Land use or developments proposed nearby, adjacent to, or likely to affect one or more critical areas, shall comply with the provisions of this chapter, regardless of whether a permit is required from the city.
B. The provisions of this chapter apply to all critical areas:
1. Chapter 17.22 CMC, Frequently Flooded Areas – Flood Hazard Zone (FHZ);
2. Chapter 17.23 CMC, Wetlands;
3. Chapter 17.24 CMC, Geologically Hazardous Areas;
4. Chapter 17.25 CMC, Fish and Wildlife Habitat Conservation Areas; and
5. Chapter 17.26 CMC, Critical Aquifer Recharge Areas (CARA). [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.030 Definitions.
Unless specifically defined below, terms or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage, and to give this chapter its most reasonable application.
“Accessory structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.
“Activity” means human activity associated with the use of land or resources.
“Adaptive management” means using scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. Management policy may be adapted based on a periodic review of new information.
“Agricultural structure,” for floodplain management purposes, means a walled and roofed structure used exclusively for agriculture purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organizations. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.
“Alluvial fan” means a fan-shaped deposit of sediment and organic debris formed where a stream flows or has flowed out of a mountainous upland onto a level plain or valley floor because of a sudden change in sediment transport capacity (e.g., significant change in slope or confinement).
“Alteration” means any human-induced change in an existing condition of a critical area or its buffer. Alterations include but are not limited to grading, filling, channelizing, dredging, clearing (vegetation), draining, construction, compaction, excavation, or any other activity that changes the character of the critical area.
“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body.
“Anadromous fish” means fish species that spend most of their life cycle in salt water but return to freshwater to reproduce.
“Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs (Chapter 173-160 WAC).
“Area of shallow flooding” means a designated AO zone on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.
“Area of special flood hazard” is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. These areas are indicated with the letter A or V on the flood insurance rate map.
“Base flood” is a flood event having a one percent chance of being equaled or exceeded in any given year, also referred to as the 100-year flood. Designations of base flood areas on flood insurance map(s) always include the letters A (zone subject to flooding during a 100-year flood, but less so than V zones) or V (zone subject to the highest flows, wave action, and erosion during a 100-year flood).
“Base flood elevation” is the elevation to which floodwater is anticipated to rise during the base flood.
“Bedrock” is a general term for rock, typically hard, consolidated geologic material that underlies soil or other unconsolidated, superficial material or is exposed at the surface.
“Best available science” means information from research, inventory, monitoring, surveys, modeling, synthesis, expert opinion, and assessment that is used to designate, protect, or restore critical areas. As defined by WAC 365-195-900 through 365-195-925, best available science is derived from a process that includes peer-reviewed literature, standard methods, logical conclusions and reasonable inferences, quantitative analysis, and documented references to produce reliable information.
“Best management practices” means conservation practices or systems of practices and management measures that reflect the current scientific and technical consensus on the best or most effective means of addressing adverse effects upon a resource.
“Buffer” means the area adjacent to the outer boundaries of a critical area, such as wetlands; habitat conservation (streams, marine shorelines habitat areas); and/or landslide hazard areas, that provides an area for related ecological functions to take place and/or separates and protects critical areas from adverse impacts associated with adjacent land uses.
“Channel migration zone” means the area along a river or stream within which the channel can reasonably be expected to migrate over time as a result of normally occurring processes. It encompasses that area of current and historic lateral stream channel movement that is subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as well as adjacent areas that are susceptible to channel erosion.
“City” means the city of Chehalis, Washington.
“Clearing” means the removal of vegetation or plant cover by manual, chemical, or mechanical means. Clearing includes, but is not limited to, actions such as cutting, felling, thinning, flooding, killing, poisoning, girdling, uprooting, or burning.
“Compensatory mitigation” means a mitigation project for the purpose of replacing, at an equivalent or greater level, unavoidable critical area and buffer impacts that remain after all appropriate and practicable avoidance and minimization measures have been implemented. Compensatory mitigation includes, but is not limited to, wetland creation, restoration, enhancement, and preservation; stream restoration and relocation, rehabilitation; and buffer enhancement.
“Conservation” means the prudent management of rivers, streams, wetlands, wildlife and other environmental resources in order to preserve and protect them. This includes the careful utilization of natural resources in order to prevent depletion or harm to the environment.
“Conservation easement” means a legal agreement that the property owner enters into to restrict uses of the land for purposes of natural resources conservation. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property.
“Contaminant” means any chemical, physical, biological, or radiological substance that does not occur naturally in groundwater, air, or soil or that occurs at concentrations greater than those in the natural levels (see also Chapter 173-200 WAC).
“Critical aquifer recharge area” means areas designated by WAC 365-190-080(2) that are determined to have a critical recharging effect on aquifers (i.e., maintain the quality and quantity of water) used for potable water as defined by WAC 365-190-030(3).
“Critical area study or report” means a report prepared by a qualified professional or qualified consultant based on best available science, and the specific methods and standards for technical study required for each applicable critical area. Geotechnical reports and hydrogeological reports are critical area reports specific to geologically hazardous areas and critical aquifer recharge areas, respectively.
Critical Areas. The following areas as required in this chapter shall be regarded as critical areas:
1. Frequently flooded areas;
2. Wetlands;
3. Geologically hazardous areas;
4. Fish and wildlife habitat conservation areas;
5. Critical aquifer recharge areas.
“Critical facilities” means a building and other structure for which even a slight chance of flooding or other hazard might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste.
“Critical habitat” means habitat areas with which endangered, threatened, sensitive or monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating). Such areas are identified herein with reference to lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 220-200-100 or 220-610-010; in the Priority Habitat and Species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations.
“Debris flow” means a moving mass of rock fragments, soil, and mud; more than half of the particles being larger than sand size; a general term that describes a mass movement of sediment mixed with water and air that flows readily on low slopes.
“Development” means any activity that results in a change of use or modification of land or its resource. These activities include but are not limited to clearing of vegetation; filling, grading and other topographic modification; building construction or modification; construction of roads, trails, utilities and other facilities.
“Director” means the director of the city of Chehalis department of community and economic development. Functions of the director as defined by this chapter may be assigned to other city of Chehalis staff persons at the discretion of the director.
“Drainage ditch” means an artificially created watercourse constructed to drain surface or groundwater. Ditches are graded (manmade) channels installed to collect and convey runoff from fields and roadways. Ditches may include irrigation ditches, wasteways, drains, outfalls, operational spillways, channels, storm water runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. Ditched channels that support fish are considered to be streams.
“Elevated building” means, for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
“Elevation certificate” is an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
“Emergency” refers to an unanticipated and imminent threat to public health, safety or the environment. Emergency construction does not include development of new permanent protective structures where none previously existed. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency.
“Emergent wetland” means a wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata.
“Enhancement” means actions performed within an existing degraded critical area and/or buffer to intentionally increase or augment one or more functions or values of the existing critical area or buffer. Enhancement actions include, but are not limited to, increasing plant diversity and cover, increasing wildlife habitat and structural complexity (snags, woody debris), installing environmentally compatible erosion controls, or removing nonindigenous plant or animal species.
“Erosion” means a process whereby wind, rain, water and other natural agents mobilize, transport, and deposit soil particles.
“Erosion hazard areas” means lands or areas underlain by soils identified by the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) Soil Survey Program as having severe or very severe erosion hazards and areas subject to impacts from lateral erosion related to moving water such as river channel migration and shoreline retreat.
“Essential public facility” means those facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, and group homes.
“Feasible alternative” means a course of action that can include uses, design, construction techniques, and other features on a site or alternative sites that are reasonably capable of being carried out after taking into consideration existing technology and logistics and that has less impact to critical areas. Cost is one factor in determining whether an action is capable of being carried out.
“Fill material” means any solid or semisolid material, including rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure, that when placed, changes the grade or elevation of the receiving site.
“Filling” means the act of transporting or placing by any manual or mechanical means fill material from, to, or on any soil surface, including temporary stockpiling of fill material.
“Fish and wildlife habitat conservation areas” are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. They do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.
“Fish habitat” means a complex of physical, chemical, and biological conditions that provide the life supporting and reproductive needs of a species or life stage of fish. Although the habitat requirements of a species depend on its age and activity, the basic components of fish habitat in rivers, streams, ponds, lakes, estuaries, marine waters, and nearshore areas include, but are not limited to, the following:
1. Clean water and appropriate temperatures for spawning, rearing, and holding;
2. Adequate water depth and velocity for migrating, spawning, rearing, and holding, including off-channel habitat;
3. Abundance of bank and in-stream structures to provide hiding and resting areas and stabilize stream banks and beds;
4. Appropriate substrates for spawning and embryonic development. For stream and lake dwelling fishes, substrates range from sands and gravel to rooted vegetation or submerged rocks and logs. Generally, substrates must be relatively stable and free of silts or fine sand;
5. Presence of riparian vegetation as defined in this article. Riparian vegetation creates a transition zone, which provides shade, and food sources of aquatic and terrestrial insects for fish;
6. Unimpeded passage (i.e., due to suitable gradient and lack of barriers) for upstream and downstream migrating juveniles and adults.
“Flood” or “flooding” means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland waters; or
b. The unusual and rapid accumulation of runoff of surface waters from any source; or
c. Mudslides/mudflows which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are analogous to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.
“Flood elevation study” is an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide/mudflow and/or flood-related erosion hazards. Also referred to as “flood insurance study (FIS).”
“Flood insurance rate map (FIRM)” means the official map of a community, provided by the Federal Insurance Administrator, that delineates both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).
Flood Insurance Study (FIS). See “Flood elevation study.”
“Flood protection elevation” means the elevation to which the lowest floor, machinery, and equipment of a new or substantially improved structure shall be elevated or floodproofed.
“Floodplain” means any land area susceptible to being inundated by water from any source. See “Flood” or “flooding.”
“Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.
“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate the risk of flood damage to property or property with improvements, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.
“Floodproofing certificate” means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to certify that the design and methods of construction of a nonresidential building are in accordance with accepted practices for meeting the floodproofing requirements.
“Floodway” means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than a designated height.
“Frequently flooded areas” means lands in the floodplain subject to a one percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance and attenuation functions, as determined by the county in accordance with WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.
“Function and value” means the beneficial roles served by critical areas and the values people derive from these roles including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, protection from hazards, providing historical and archaeological resources, noise and visual screening, open space, and recreation. These beneficial roles are not listed in order of priority.
“Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
“Functions” means the processes or attributes provided by areas of the landscape (e.g., wetlands, rivers, streams, and riparian areas) including, but not limited to, habitat diversity and food chain support for fish and wildlife, groundwater recharge and discharge, high primary productivity, low flow stream water contribution, sediment stabilization and erosion control, storm and flood water attenuation and flood peak desynchronization, and water quality enhancement through biofiltration and retention of sediments, nutrients, and toxicants. These beneficial roles are not listed in order of priority.
“Geologically hazardous areas” means areas that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
“Gradient” means a degree of inclination, or a rate of ascent or descent, of an inclined part of the earth’s surface with respect to the horizontal; the steepness of a slope. It is expressed as a ratio (vertical to horizontal), a fraction (such as meters/kilometers or feet/miles), a percentage (of horizontal distance), or an angle (in degrees).
“Grading” means any excavating or filling of the earth’s surface or combination thereof.
“Groundwater” means all water that exists beneath the land surface or beneath the bed of any stream, lake, reservoir, or other body of surface water within the boundaries of the state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves (Chapter 90.44 RCW).
“Growing season” means the portion of the year when soil temperatures are above biologic zero (41 degrees Fahrenheit).
“Growth Management Act” means Chapters 36.70A and 36.70B RCW, as amended.
“Hazard tree” means any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent physical improvements to property or causing personal injury.
“Hazardous substance” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties described in WAC 173-303-090 or 173-303-100.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
“High intensity land use” means land use that includes the following uses or activities: commercial, urban, industrial, institutional, retail sales, residential (more than one unit/acre), high-intensity new agriculture (dairies, nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high-intensity recreation (golf courses, ball fields), hobby farms.
“Historic structure” is any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
“Hydraulic project approval” (HPA) means a permit issued by the State Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 77.55 RCW.
“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Washington State Wetlands Identification and Delineation Manual (RCW 90.58.380).
“Hydrologic soil groups” means soils grouped according to their runoff-producing characteristics under similar storm and cover conditions. Properties that influence runoff potential are depth to seasonally high water table, intake rate and permeability after prolonged wetting, and depth to a low permeable layer. Hydrologic soil groups are normally used in equations that estimate runoff from rainfall but can be used to estimate a rate of water transmission in soil. There are four hydrologic soil groups:
1. Low runoff potential and a high rate of infiltration potential;
2. Moderate infiltration potential and a moderate rate of runoff potential;
3. Slow infiltration potential and a moderate to high rate of runoff potential; and
4. High runoff potential and very slow infiltration and water transmission rates.
“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow compared to natural conditions prior to development. Common impervious surfaces may include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water. Impervious surfaces do not include surface created through proven low impact development techniques.
“Infiltration” means the downward entry of water into the immediate surface of soil.
“Invasive species” means a species that is nonnative (or alien) to area within the city of Chehalis and its urban growth area whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Invasive species can be plants, animals, and other organisms (e.g., microbes). Human actions are the primary means of invasive species introductions.
“Lake” means a naturally or artificially created body of deep (generally greater than 6.6 feet) open water that persists throughout the year. A lake is larger than a pond, greater than one acre in size, equal to or greater than 6.6 feet in depth, and has less than 30 percent aerial coverage by trees, shrubs, or persistent emergent vegetation. A lake is bounded by the ordinary high water mark or the extension of the elevation of the lake’s ordinary high water mark to the stream where the stream enters the lake.
“Landfill” means a disposal facility or part of a facility at which solid waste and/or demolition waste is permanently placed in or on land including facilities that use solid waste as a component of fill. In addition, landfill includes all related land and structures and other improvements on the land used for the disposal of solid waste, pursuant to Chapter 173-351 WAC.
“Landslide” is a general term covering a wide variety of mass movement landforms and processes involving the downslope transport, under gravitational influence of soil and rock material en masse; included are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, rockslides, and rockfalls.
“Landslide hazard areas” means areas that, due to a combination of site conditions like slope inclination and relative soil permeability, are susceptible to mass wasting.
“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title (i.e., provided there are adequate flood ventilation openings).
“Low-intensity land use” means land use that includes the following uses or activities: forestry (cutting of trees only), low-intensity open space (such as passive recreation and natural resources preservation), unpaved trails.
“Maintenance and repair” means work required to keep existing improvements in their existing operational state. This does not include any modification that changes the character, scope, or size of the original structure, facility, utility or improved area.
“Major alteration or renovation” means the alteration or renovation of any structure or associated improvements within a critical area or buffer that results in an expansion of floor area of 500 square feet or more, or more than 10 percent and less than 50 percent, whichever is greater; or the expansion of impervious surface by more than 1,000 square feet, or more than 10 percent and less than 50 percent, whichever is greater; or remodeling or renovation that is greater than 50 percent but less than 100 percent of the value of the structures or improvements, excluding plumbing, electrical and mechanical systems.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”
“Mass wasting” means downslope movement of soil and rock material by gravity. This includes soil creep, erosion, and various types of landslides, not including bed load associated with natural stream sediment transport dynamics.
“Mean annual flow” means the average flow of a river or stream (measured in cubic feet per second) from measurements taken throughout the year. If available, flow data for the previous 10 years should be used in determining mean annual flow.
“Mean sea level” means, for purposes of the National Flood Insurance Program, the vertical datum to which base flood elevations shown on a community’s flood insurance rate map are referenced.
“Minor alteration or renovation” means alteration or renovation of any structure, or associated improvements within a critical area or buffer that results in an expansion of floor area of less than 500 square feet, or 10 percent, whichever is less, or the expansion of impervious surface by less than 1,000 square feet, or 10 percent, whichever is less; or remodeling or renovation that is less than 50 percent of the value of the structure or improvements, excluding plumbing, electrical and mechanical systems.
“Mitigation,” as defined in WAC 197-11-768, means:
1. Avoiding an impact altogether by not taking a certain action or parts of actions;
2. Minimizing impacts by limiting the degree or magnitude of an action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
3. Rectifying impacts by repairing, rehabilitating, or restoring the affected environment, such as repairing damage done to a critical area resource such as stream or wetland after it is affected by a project;
4. Reducing or eliminating an impact over time by preservation and maintenance operations during the life of the action;
5. Compensating for an impact by replacing or providing substitute resources or environments; and
6. Monitoring the mitigation and taking remedial action when necessary.
“Mitigation bank” means a site where wetlands or similar habitats are restored, created, enhanced or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to aquatic resources.
“Mitigation plan” means a detailed plan indicating actions necessary to mitigate adverse impacts to critical areas.
“Moderate intensity land use” means land use that includes the following uses or activities: residential (one unit/acre or less), moderate-intensity open space (parks), moderate-intensity new agriculture (orchards and hay fields), plant nurseries, paved trails, or building of logging roads.
“Monitoring” means evaluating the impacts of development proposals over time on the biological, hydrological, pedological, and/or geological elements of such systems and/or assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features and includes gathering baseline data.
“Native vegetation” means plant species that are indigenous to the area within the city of Chehalis and its urban growth area. For the purposes of establishment of native vegetation within buffer areas, native vegetation shall include but not be limited to the following:
1. Native evergreen trees: Douglas fir, Pseudotsuga menziesii; grand fir, Abies grandis; Pacific madrone, Arbutus menziesii; western red cedar, Thuja plicata; western hemlock, Tsuga heterophylla;
2. Native deciduous trees: big-leaf maple, Acer macrophyllum; hazelnut, Corylus cornuta; bitter cherry, Prunus emarginata; black hawthorn, Crataegus douglasii; Oregon ash, Fraxinus latifolia; Oregon white oak, Quercus garryana; red alder, Alnus rubra; vine maple, Acer circinatum; Hooker’s willow, Salix hookeriana; Pacific willow, Salix lasiandra; Scouler willow, Salix scouleriana; Sitka willow, Salix sitchensis;
3. Native understory: black twinberry, Lonicera involucrata; blue elderberry, Sambucus cerulea; red elderberry, Sambucus racemosa; red huckleberry, Vaccinium parvifolium; Indian plum, Oemleria cerasiformis; red columbine, Aquilegia formosa; Pacific dogwood, Cornus nuttallii; red osier dogwood, Cornus stolonifera; Pacific ninebark, Physocarpus capitatus; western rhododendron, Rhododendron macrophyllum; white rhododendron, Rhododendron albiflorum; straggly gooseberry, Ribes divaricatum; red-flowering currant, Ribes sanguineum; baldhip rose, Rosa gymnocarpa; Nootka rose, Rosa nutkana; clustered wild rose, Rosa pisocarpa; thimbleberry, Rubus parviflorus; salal, Gaultheria shallon; serviceberry, Amelanchier alnifolia; salmonberry, Rubus spectabilis; common snowberry, Symphoricarpos albus; and black twinberry, Lonicera involucrata.
Choice of plants for a specific site must consider the hydric, shade, aspect and other conditions. Spacing of plants shall depend upon the presence of existing native vegetation and the size of plants installed. Generally, plantings shall result in a vegetation community consisting of no more than 50 percent deciduous trees. Tree planting shall achieve a spacing where new materials are required of 10 feet of one-gallon or smaller specimens, 15 feet with two-gallon specimens; larger sizes shall be spaced according to specimen size. Understory generally should be installed at a spacing of 12 inches for four-inch pots and 36 inches for one-gallon specimens.
“New construction” means, for the purposes of determining flood insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
“No net loss” means the maintenance of the aggregate total of ecological functions and values within a geographic area defined in terms of natural processes, such as a watershed or catchment area.
“Off-site mitigation” means to replace critical areas away from the site on which a critical area has been adversely impacted by a regulated activity.
One-Hundred-Year Flood or 100-Year Flood. See “Base flood.”
“Ordinary high water mark” means the mark or line on all lakes, rivers, streams and tidal water that will be found by examining the beds and banks 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 (RCW 90.58.030(2)(c)).
“Person” means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, state agency or local governmental unit, however designated, or Indian Nation or tribe.
“Planned unit development (PUD)” means one or a group of specified uses, such as residential, resort, commercial or industrial, to be planned and constructed as a unit. Zoning or subdivision regulations with respect to lot size, building bulk, etc., may be varied to allow design innovations and special features in exchange for additional and/or superior site amenities or community benefits.
“Pond” means an open body of water, generally equal to or greater than 6.6 feet deep, that persists throughout the year and occurs in a depression of land or expanded part of a stream and has less than 30 percent aerial coverage by trees, shrubs, or persistent emergent vegetation. Ponds are generally smaller than lakes. Farm ponds are excluded from this definition. Beaver ponds that are two years old or less are excluded from this definition.
“Potable” means water that is suitable for drinking by the public (Chapter 246-290 WAC).
“Preservation” means actions taken to ensure the permanent protection of existing, ecologically important critical areas and/or buffers that the city has deemed worthy of long-term protection.
“Primary association” means the use of a habitat area by a listed or priority species for breeding/spawning, rearing young, resting, roosting, feeding, foraging, and/or migrating on a frequent and/or regular basis during the appropriate season(s) as well as habitats that are used less frequently/regularly but which provide for essential life cycle functions such as breeding/nesting/spawning.
“Priority habitat” means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging habitat; important marine mammal haul-out; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or nonpriority fish and wildlife (WAC 173-26-020(30)).
“Priority Habitats and Species (PHS) Management Recommendations” means a collection of recommendations and planning documents developed by WDFW for managing projects with potential impact to priority habitat and species.
“Priority species” means wildlife species of concern due to their population status and their sensitivity to habitat alteration, as defined by the Washington Department of Fish and Wildlife.
“Project” means any proposed or existing activity that results in development, as defined in this section.
“Project permit” or “project approval” means any land use or environmental permit or approval required by the city of Chehalis, including but not limited to building permits, subdivisions, binding site plan, planned unit developments, conditional uses, shoreline substantial development permits, variance, site plan review, permits or approvals authorized by a comprehensive plan or subarea plan.
“Qualified professional” or “qualified consultant” means a person with experience and training with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology or related field, and related work experience and meet the following criteria:
1. A qualified professional for wetlands must have a degree in biology, ecology, soil science, botany, or a closely related field and a minimum of five years of professional experience in wetland identification and assessment in the Pacific Northwest.
2. A qualified professional for habitat conservation areas must have a degree in wildlife biology, ecology, fisheries, or closely related field and a minimum of five years professional experience related to the subject species/habitat type.
3. A qualified professional for geologically hazardous areas must be a professional engineering geologist or geotechnical engineer, licensed in the state of Washington, or as further described in CMC 17.24.050(B).
4. A “qualified professional for critical aquifer recharge areas” means a Washington State licensed hydrogeologist, geologist, or engineer.
“Reasonably safe from flooding” means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, “reasonably safe from flooding” means that the lowest floor is at least two feet above the highest adjacent grade.
“Recharge” means the process involved in the absorption and addition of water from the unsaturated zone to groundwater.
“Recreational vehicle” means a vehicle that is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Reestablishment” means measures taken to intentionally restore an altered or damaged natural feature or process including:
1. Active steps taken to restore damaged wetlands, streams, protected habitat, and/or their buffers to the functioning condition that existed prior to an unauthorized alteration;
2. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or other events; and
3. Restoration can include restoration of wetland functions and values on a site where wetlands previously existed but are no longer present due to lack of water or hydric soils, or restoration of fish and wildlife habitat where it previously existed but is no longer present.
“Rehabilitation” means a type of restoration action that restores a critical area to its original form or type such as restoring a wetland to its original hydrogeomorphic class.
“Relative density” is a method for evaluating the density of trees in relation to the theoretical maximum density for trees of the same size and species. It is preferable to a simple density (trees/acre) because it is a more accurate measure of occupied growing space and suppression mortality. Relative density equals the basal area of all trees in the stand divided by the square root of the quadratic mean diameter.
“Repair” or “maintenance” means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.
“Resident fish” means a fish species that completes all stages of its life cycle within freshwater and frequently within a local area.
Restoration. See “Reestablishment.”
“Riparian buffer” refers to its purpose, which is to reduce or prevent adverse impacts to water quality, fisheries, and aquatic biodiversity from human activities occurring upslope of the buffer. Riparian buffers managed specifically for pollutant removal may also be called a vegetated filter strip.
“Riparian corridor” or “riparian zone” means the area adjacent to a water body (stream, lake or marine water) that contains vegetation that influences the aquatic ecosystem, nearshore area and/or fish and wildlife habitat by providing shade, fine or large woody material, nutrients, organic debris, sediment filtration, and terrestrial insects (prey production). Riparian areas include those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems (i.e., zone of influence). Riparian zones provide important wildlife habitat. They provide sites for foraging, breeding and nesting; cover to escape predators or weather; and corridors that connect different parts of a watershed for dispersal and migration.
“Riparian vegetation” means vegetation that tolerates and/or requires moist conditions and periodic free-flowing water, thus creating a transitional zone between aquatic and terrestrial habitats which provides cover, shade and food sources for aquatic and terrestrial insects for fish species. Riparian vegetation and their root systems stabilize stream banks, attenuate high water flows, provide wildlife habitat and travel corridors, and provide a source of limbs and other woody debris to terrestrial and aquatic ecosystems, which, in turn, stabilize stream beds.
“Seismic hazard areas” means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction, debris flows, lahars, or tsunamis.
“SEPA” is a commonly used acronym for the State Environmental Policy Act.
“Shorelands” or “shoreland areas” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of Chapter 90.58 RCW.
“Shoreline Management Act” and “shoreline” mean the planning and regulatory program established in Chapter 90.58 RCW.
“Shoreline master program” means the local planning and regulatory program established in compliance with Chapter 90.58 RCW, and as hereafter amended.
“Shorelines” are all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except:
1. Shorelines of statewide significance;
2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second (cfs) or less and the wetlands associated with such upstream segments; and
3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes.
“Shorelines of statewide significance” means those areas defined in RCW 90.58.030(2)(e).
“Shorelines of the state” means the total of all shorelines, as defined in RCW 90.58.030(2)(d), and shorelines of statewide significance within the state, as defined in RCW 90.58.030(2)(f).
“Single-family development” means the development of a single-family residence permanently installed and served with utilities on a lot of record.
“Site” means any parcel or combination of contiguous parcels, or right-of-way or combination of contiguous rights-of-way under the applicant’s ownership or control where the proposed project impacts an environmentally critical area.
“Slope” means:
1. Gradient.
2. The inclined surface of any part of the earth’s surface, delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.
“Soil” means all unconsolidated materials above bedrock described in the Natural Resources Conservation Service Classification System or by the Unified Soil Classification System.
“Start of construction,” for floodplain management purposes, includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
“Streams” means those areas where surface waters produce a defined channel or bed. A defined channel or bed is an area that demonstrates clear evidence of the annual passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined-channel swales. The channel or bed need not contain water year-round. This definition includes drainage ditches or other artificial water courses where natural streams existed prior to human alteration, and/or the waterway is used by anadromous or resident salmonid or other fish populations or flows directly into shellfish habitat conservation areas.
“Structure” means a permanent or temporary building or edifice of any kind, or any piece of work artificially built up or composed of parts joined together in some definite matter whether installed on, above, or below the surface of the ground or water, except for vessels. For floodplain management purposes, “structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or
2. Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”
“Substantial reconstruction” means the alteration or renovation that results in an expansion of floor area of more than 50 percent, or the expansion of impervious surface by more than 50 percent, or remodeling or renovation that exceeds 100 percent of the value of the structures or other improvements, excluding plumbing, electrical and mechanical systems. Such substantial reconstruction shall be considered the same as new construction and shall fully comply with the provisions of this code.
“Toe” means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, etc.
“Top” means the top of a slope; or in this chapter it may be used as the highest point of contact above a landslide hazard area.
“Unavoidable impact” means adverse impacts that remain after all appropriate avoidance and minimization measures have been implemented.
“Utilities” means all lines and facilities used to distribute, collect, transmit, or control electrical power, natural gas, petroleum products, information (telecommunications), water, and sewage.
“Variance” means the grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
“Wet meadow” means palustrine emergent wetlands, typically having disturbed soils, vegetation, or hydrology.
“Wetland” means areas defined pursuant to RCW 36.70A.030 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 generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, retention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetland.
“Wetland buffer” means a designated area contiguous or adjacent to a wetland that is required for the continued maintenance, function, and ecological stability of the wetland.
“Wetland delineation” means the precise determination of wetland boundaries in the field according to the application of specific methodology. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements.
“Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this chapter.
Wetland Enhancement. See “Enhancement.”
“Wetland mitigation bank” means a site where wetlands and buffers are restored, created, enhanced or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources.
“Wetland mosaic” means an area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; patches are less than 100 feet from each other; and areas delineated as wetland are more than 50 percent of the total area of the entire mosaic, including uplands and open water.
Wetland Restoration. See “Mitigation” and “Reestablishment.”
“Wood waste” means solid waste consisting of wood pieces or particles generated as a by-product or waste from the manufacturing of wood products, handling and storage of raw materials and trees and stumps. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hog fuel, and log sort yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenate. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.040 Critical area maps.
Documents and maps referenced in this chapter and other critical areas chapters are used for the designation and identification of the probable location, extent, and classification of critical areas. Publicly available data provides essential information for this purpose, including, but not limited to:
A. Washington Department of Fish and Wildlife Priority Habitat and Species (WDFW PHS) maps;
B. U.S. Fish and Wildlife Service National Wetlands Inventory (NWI);
C. FEMA National Flood Hazard Layer (NFHL);
D. Washington Department of Natural Resources (DNR) Geologic Information Portal;
E. U.S. Geological Survey (USGS) topographic maps;
F. Natural Resources Conservation Service (NRCS) Web Soil Survey;
G. Washington State Department of Ecology’s Coastal Atlas;
Such information may be used by the director as a basis for applying the provisions of this code, including requiring field investigation and special reports. In the event of a conflict between information contained in the critical area maps and information resulting from a field investigation, the latter shall prevail. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.050 Multiple designations.
Where any parcel may be designated as having more than one critical area designation, the development standards for each category of critical area must be met. Where there is conflict between development standards of critical area categories, the most restrictive standards shall apply. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.060 SEPA.
This chapter is an officially adopted land use policy of the city of Chehalis and shall provide an additional basis for analyzing development proposals pursuant to Chapter 43.21C RCW. Adopted critical area maps, pursuant to CMC 17.21.040, are declared sensitive areas under provisions of WAC 197-11-908 and CMC 17.15.010(D). [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.070 Permitted uses.
Uses permitted on properties classified as critical areas shall be the same as those permitted in the zoning and shoreline master program district which applies to the subject property, subject to the specific provisions of this code where more restrictive. Each use shall be evaluated in accordance with the review process required for the proposed use in the underlying zone in conjunction with the requirements of this chapter, as well as state and federal regulations. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.071 Exemptions.
The following actions and activities are allowed in critical areas as actions with negligible effects on the resource and ecological functions, subject to the standards and criteria provided, and subject to review and approval processes. The actions are exempt from critical areas review; provided, that all exempt activities must use reasonable methods to avoid potential impacts to critical areas and buffers. In every case, disturbance to the critical area must be minimized through best management practices and the use of low-impact equipment.
A. Emergencies. Emergency actions are those activities necessary to prevent an immediate threat to life, to public health, safety, or welfare, or that pose an immediate risk of damage to private structures or improvements and that require remedial or preventative action in a time frame too short to allow for compliance with the procedural requirements of this chapter.
1. Emergency actions that create an impact on a critical area or its buffer shall be limited to those actions that are required to address the emergency and generally are limited to the actions necessary to remove the immediate threat. Additional actions to permanently address a deficiency generally do not qualify as emergency actions and require full compliance with the procedural requirements of this chapter. Emergency actions also must be carried out in a manner that has the least feasible impact on the critical area or its buffer.
2. The person or agency undertaking emergency action shall notify the director within one working day following commencement of the emergency activity. Within 14 days, the director shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then the enforcement provisions of CMC 17.21.090 shall apply.
3. After the emergency, the person or agency undertaking the action shall submit a critical area report to assess effects on critical areas and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan. The person or agency undertaking the action shall apply for all approvals required by this chapter. Restoration and/or mitigation activities must be initiated within 60 days of the date of the emergency, unless an extension is approved by the director, and completed in a timely manner.
B. Operation, Maintenance, or Repair. Maintenance, operation and/or repair of existing rights-of-way, trails, roads, utilities, buildings and other facilities within critical areas and buffers; provided, that the activity does not further alter, impact, or encroach upon the critical area or buffer or further affect the functions of critical areas, and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair; and provided further, that:
1. Prior to undertaking such actions, the applicant shall submit a written description of the maintenance activity to the director with all of the following general information:
a. Type, timing, frequency and sequence of maintenance activity to be conducted;
b. Type of equipment to be used (hand or mechanical);
c. Manner in which the equipment will be used; and
d. Best management practices to be used.
C. Passive Outdoor Activities. This generally includes activities such as hiking, canoeing, nature study, photography, fishing, education or scientific research. Trail construction may be allowed except within wetlands, fish and wildlife habitat conservation areas, and their respective buffers.
D. Forest Practices Regulated by the State. Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practices regulations, Title 222 WAC, are exempt, except for conversions to nonforestry uses. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.075 Allowed activities.
Allowed activities are those activities that are unlikely to result in a critical areas impact because of other regulations or previous reviews. These activities are subject to review by the city, but do not require a separate critical areas review or report, unless required by the director. All critical areas standards apply, and all allowed activities must use reasonable methods to avoid potential impacts to critical areas and buffers. In every case, disturbance to the critical area must be minimized through best management practices and the use of low-impact equipment.
A. Projects Previously Reviewed for Critical Areas Impacts. Development permits and approvals that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits) and construction approvals (such as building permits) may not need to complete a new critical area review if a valid critical area review was approved by the department within five years.
B. Maintenance of existing, lawfully established landscaping and gardens within a regulated critical area or its buffer, including but not limited to mowing lawns, weeding, removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and planting of ornamental vegetation or indigenous native species to maintain the condition and appearance of such areas as they existed prior to adoption of this code; provided, that native growth protection areas, mitigation sites, or other areas protected via conservation easements or similar restrictive covenants are not covered by this exception.
C. Modification of Existing Structures. Maintenance, repair or replacement of an existing nonconforming structure pursuant to CMC 17.21.088 that does not further alter or increase the impact to the sensitive area or buffer and results in no increased risk to life or property as a result of the proposed modification or replacement.
D. Activities Within the Improved Right-of-Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the existing improved portion of the public right-of-way (road surface, shoulder, sidewalks, and fill slopes) or the improved portion of city-authorized private roadway; provided, that no fill or discharge occurs outside the existing improved area and with appropriate best management practices to control erosion, sedimentation and other potential impacts. Excluded is work within a water body or wetland, including but not limited to culverts or bridge replacement or construction. Provisions to address activities that alter a wetland or watercourse or result in the transport of sediment or increased storm water runoff may include:
1. Increasing buffer widths equal to the width of the right-of-way improvement, including disturbed areas; and
2. Retention and replanting of native vegetation along the right-of-way and resulting disturbance.
E. Minor Utility Project. Utility projects that have minor or short-duration impacts to critical areas and buffers, as determined by the director in accordance with the criteria below, and which do not significantly impact the functions or values of a sensitive area(s); provided, that such projects are constructed with best management practices and appropriate restoration measures are provided. These activities shall not result in the transport of sediment or increased storm water. Such allowed minor utility projects shall meet the following criteria:
1. There is no practical alternative to the proposed activity with less impact on sensitive areas;
2. The activity involves the placement of a small utility facility (e.g., pole, street signs, anchor, or vault or other small component of a utility facility); and
3. The activity involves disturbance of less than 75 square feet of the sensitive area and/or buffer.
F. Public and Private Pedestrian Trails. Specific standards for public and private pedestrian trails within wetland buffers are provided in CMC 17.23.052(D). Public and private pedestrian trails are permitted provided they are subject to the following:
1. The trail surface shall not exceed five feet in width;
2. The trail surface shall consist of gravel or pervious materials, including boardwalks;
3. The trail shall meet all other city requirements including water quality standards;
4. Sensitive area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and
5. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report.
G. Minor Vegetation Removal. This includes the following vegetation removal activities:
1. The removal of the noxious weed species designated by Washington State or the local weed control authority, and the following species, when weed control efforts employ hand labor and light equipment, use only Department of Ecology approved herbicides and adjuvants, avoid use of hazardous substances, and do not result in compaction:
a. English ivy (Hedera helix);
b. Himalayan blackberry (Rubus discolor, R. procerus);
c. Evergreen blackberry (Rubus laciniatus); and
2. Measures to halt the spread of disease or damaging insects consistent with the state Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in-kind or with similar native species within one year in accordance with an approved restoration plan.
3. The application of herbicides, pesticides, fertilizers, or other hazardous substances, as approved by the city. Provided, their use should be restricted in accordance with state Department of Fish and Wildlife management recommendations and the regulations of the state Department of Agriculture and the U.S. Environmental Protection Agency.
4. Wildfire hazard reduction. Property owners with legally established existing structures may request fire protection measures which are recommended through an adopted wildfire protection plan or from the Washington Department of Natural Resources, Lewis County, or other similar group/agency. These provisions are intended to support fire suppression protection and shall not be used for the development of trails or yard areas. A critical area report may be required. The director shall review the proposal based on:
a. The ability of the proposal to reduce fire risk and/or fire spread for the site and the surrounding properties;
b. The inability to alter the critical area buffer through averaging;
c. The vegetation removal is the minimum necessary to achieve defensible space or fuels reduction; and
d. The impact to the vegetation and habitat function which may require mitigation to ensure no net loss.
H. The Removal of Hazard Trees. Removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to a permanent structure; provided, that:
1. The applicant submits a report from a certified arborist or professional forester that documents the hazard; provided, that the director may waive this requirement for any trees that are clearly dead or dying, and provides a replanting schedule for the replacement trees;
2. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags;
3. If native vegetation is cut or removed from a sensitive area or buffer, it shall be left within the sensitive area or buffer where practicable unless removal is warranted due to safety considerations, the presence of an established disease infestation or other hazard, or because of access or maintenance needs if the area is a utility or access right-of-way;
4. The landowner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees shall be species that are native and indigenous to the site and a minimum of one inch in diameter at breast height (dbh) for deciduous trees and a minimum of three feet in height for evergreen trees as measured from the top of the root ball; provided, that the director may allow smaller replacement trees with a higher replacement ratio;
5. Hazard trees that constitute an emergency may be removed or pruned by the landowner prior to receiving written approval from the city; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this chapter; and
6. The removal of the hazard tree avoids and minimizes damage to remaining trees and vegetation.
I. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads, removal of native trees or shrubs, or displacement of more than five cubic yards of material. Investigations involving displacement of more than five cubic yards of material, including geotechnical soil borings, groundwater monitoring wells, percolation tests, and similar activities, shall require submittal of specific plans and restoration plans. In every case, impacts to the sensitive area shall be minimized and disturbed areas shall be immediately restored.
J. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary markers. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.077 Public agency and utility exception.
A. If the application of these regulations will prohibit a development proposal from a public agency or utility, the public agency or utility may apply for an exception. The exception shall be processed as a Type 2 review pursuant to CMC 17.09.060. The public agency or utility shall provide the director with a critical areas report and mitigation plan, if necessary, and all other project-related documents such as identified permits from other agencies, special studies, and SEPA documents.
B. The director shall review the application based on all of the following criteria:
1. There is no other practical alternative to the proposed development with less impact on the critical areas.
2. The application of the critical area regulations would unreasonably restrict the ability to provide utility services to the public.
3. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site.
4. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science.
5. The proposal is consistent with other applicable regulations and standards.
C. The director shall prepare a decision based upon review of the submitted application and the proposal’s ability to comply with the criteria in subsection (B) of this section.
D. Appeals of the director’s determination shall be an administrative appeal pursuant to CMC 17.09.160. [Ord. 1122B § 12, 2025.]
17.21.080 Preliminary consultation.
Repealed by Ord. 1122B. [Ord. 849B § 2, 2009.]
17.21.081 Permit processing.
A. Regulations established in this chapter apply to all activities or modifications within a critical area, regardless of whether a permit is required. Activities requiring a building permit or other ministerial action, as defined by relevant city codes, shall be subject to administrative review and approval or denial by the director. The review process will be integrated with the review of the underlying permit when applicable. Public notice is required only if specified by the underlying permit or applicable city codes.
B. If a project requires another permitting action by the city which requires a public hearing, consideration of critical areas will be integrated with the underlying permitting process.
C. The director shall perform a critical area review on each development application to determine if the site is within, adjacent to, or likely to affect one or more critical areas.
1. When a development site is known to be within, adjacent to, or likely to affect one or more critical areas, the applicant shall provide a site evaluation, wetland delineation, or other documentation to support the director’s determination with the project application.
2. When information is not provided with the application to make a determination, the director will review the publicly available data referenced in CMC 17.21.040 or other credible information to determine if a site proposed for development or alteration is likely within, adjacent to, or likely to affect one or more critical areas. If a critical area is likely present, the director shall require the applicant to provide a site evaluation prepared by a qualified professional to determine whether or not the species or habitat is present and, if so, its relative location in relation to the proposed project area or site.
3. When sufficient information is not available to determine whether a critical area exists on a site based on critical area maps, development project files, or publicly available data referenced in CMC 17.21.040, or the applicant challenges the decision of the director that a critical area exists on the site, a field investigation or site assessment by a qualified professional may be necessary to confirm the existence, location, and classification of a critical area. The cost of a field investigation or site assessment is the responsibility of the applicant.
D. Compliance with the provisions of this chapter does not necessarily constitute compliance with other regulations and permit requirements. Permit applicants are responsible for complying with all federal, state, county, and local regulations that may pertain to a proposed development; provided, that conditions imposed by the city shall be coordinated with the conditions imposed by other agencies to the extent feasible.
E. The director may waive specific submittal requirements determined to be unnecessary for review of an application. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.082 Critical area studies.
A. If the director determines that the parcel(s) of a proposed land use action is within, likely to be within, or is adjacent to a critical area whose buffers may overlap the proposed action, a critical areas study prepared by a qualified professional specific to each critical area shall be required. The expense of preparing the critical area study shall be borne by the applicant.
B. The director may retain independent qualified consultants, at the expense of the applicant, to assist in review of critical area reports.
C. In addition to the requirements specified under each critical area chapter, the written report and the accompanying figures, maps, and plan sheets shall contain the following information, at a minimum:
1. A site map or set of maps of the project area, including:
a. Reference streets and tax parcel property lines (noting the source of the geographic data such as land survey, county GIS data, etc.);
b. Existing and proposed project-related tracts, easements, rights-of-way, utility corridors, internal property/lot lines, and trail corridors;
c. Existing and proposed final contour lines (at the smallest readily available intervals, preferably two feet or better) if proposing land contour alterations;
d. Existing and proposed built features of the project, including structures, fences, roads, impervious surfaces, utilities, mechanical facilities, landscaping, and other built modifications to the existing land conditions;
e. Existing and proposed locations of storm water management and discharge features;
f. Project construction, land disturbance, and clearing limits;
g. Temporary erosion and sediment control best management practices for all vegetation and soil disturbance areas, including utility corridors, storm water discharge points, and critical areas mitigation sites;
h. All delineated and surveyed critical areas, and their classification occurring within or adjacent to the proposed project area or tax parcel(s);
i. Standard buffers, proposed buffer modifications with area measurements, and building setback limits for critical areas illustrated in CMC 17.21.086, Building setbacks;
j. All existing and/or proposed critical areas mitigation sites; and
k. Location of existing and/or proposed critical area tracts and/or easements.
2. A written report, including:
a. The name and contact information of the landowner and applicant/agent (if different than the landowner);
b. The name, qualifications, and contact information for the primary author(s) of the critical area report;
c. Location information (parcel number(s), address(es), parcel acreages);
d. Narrative of the proposed action and all project-related elements including, but not limited to, utility corridor improvements, storm water discharge points, grazing and habitat changes, proposed mitigation, and/or other physical activities that will alter the critical areas existing habitat and functions.
e. Identification of all local, state, and/or federal permit(s) or regulatory review(s) required for the project;
f. Vicinity map for the project;
g. Description of the project area and surrounding landscape existing conditions;
h. Description of the methodologies and techniques used to identify, delineate, and characterize critical areas, special status species, and the impacts analysis, and the dates of and who conducted the field studies;
i. A statement specifying the accuracy of the report and all assumptions made and relied upon;
j. Identification and characterization of all critical areas and buffers existing conditions, functions and values, including any functionally isolated conditions on or adjacent to the proposed project area;
k. Documentation of any fieldwork performed on the site, including field data sheets for delineations, rating system forms, baseline hydrologic data, etc.;
l. Tabulated area quantities of each critical area(s) and associated buffers present in or adjacent to the proposed project area(s) and, if proposed, the area quantities of proposed impacts and proposed mitigation for each critical area impacted; and
m. A detailed description of the effects of the proposed development on ecological functions and buffer function and value, including the area of direct disturbance; area of buffer reduction or averaging, including documentation that functions and values will not be adversely affected by the reduction or averaging; effects of storm water management; proposed hydrologic alteration, including changes to natural drainage or infiltration patterns; effects on fish and wildlife species and their habitats; clearing and grading impacts; temporary construction impacts; and effects of increased noise, light or human intrusion.
3. The director may waive selected components of the report or accept an alternative form of the required information if the director determines that sufficient detail will be provided to determine whether all applicable criteria and standards have been met. The director may consult with resource agencies prior to making a decision.
D. If mitigation is required, a mitigation plan pursuant to CMC 17.21.087(D) shall be prepared. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.083 Reasonable use exception.
A. If the application of the regulations in this chapter would deny all reasonable use of the property, development may be allowed consistent with the general purposes of these regulations and the public interest.
B. Reasonable Use Standards. To qualify as a reasonable use, the decision maker must find that proposal is consistent with all of the following criteria:
1. There is no portion of the site under contiguous ownership not subject to critical area regulations where the provisions of this chapter allow reasonable economic use, including agricultural use, forestry use or continuation of legal nonconforming uses;
2. There is no feasible on-site alternative to the proposed use or activities that will provide reasonable economic use, including location on any contiguous parcel that has been under the ownership or control of the applicant since the effective date of the ordinance codified in this chapter; other allowed uses; continuation of legal nonconforming uses; reduction in size, change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would allow a reasonable economic use with less adverse impacts to critical areas and associated buffers;
3. The inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and/or creating the condition of lack of use after the effective date of the ordinance codified in this chapter;
4. All reasonable methods to avoid or reduce adverse effects on critical area functions and values have been employed, including locating activities as far as possible from critical areas and design that will result in the minimum alteration of critical areas and associated buffers, existing topography, vegetation, fish and wildlife resources, hydrological conditions, and geologic conditions. Where both critical areas and buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical area;
5. The project includes compensatory mitigation for unavoidable impacts to critical area and buffers in accordance with the mitigation requirements of this chapter;
6. The proposed activities will not result in adverse effects on endangered or threatened species as listed by the federal government or the state of Washington, or be inconsistent with an adopted recovery plan;
7. The proposed activities will not result in damage to nearby public or private property and no threat to the health or safety of people on or off the site;
8. The proposed activities will not lead to degradation of groundwater or surface water quality and will comply with all state, local and federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal.
C. Nonconforming single-family residential lots meeting the criteria of CMC 17.21.088(F) shall not be required to meet criteria in subsections (B)(1), (B)(2) and (B)(5) of this section.
D. An application for a critical areas reasonable use exception shall follow the procedures for a Type 3 permit review pursuant to Chapter 17.09 CMC, except that approvals in accordance with subsection (C) of this section shall be approved by the director in accordance with the approval procedure for the underlying permit.
E. An application for a variance to provisions of this code may be considered in accordance with variance provisions in CMC 17.09.190. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.084 Development regulations.
A. Critical areas and their buffers may be used in the calculation of allowed density to the extent provided by the zoning code and shoreline master program.
B. Full density as allowed by underlying zoning and minimum residential density goals may not be attained on specific parcels where critical areas impose inherent limitations on development intensity.
C. Land that is located within a critical area or buffer may not be divided for purposes of creating buildable parcels unless each resulting lot has sufficient buildable area outside of the critical area or buffer with provision for drainage, erosion control, vegetation maintenance and related features that will not adversely affect the critical area or its buffer.
D. Land within a critical area that is being divided shall show the boundaries of the critical area and buffers on the final plat and include notices pursuant to CMC 17.21.085.
E. Project and facilities for restoration and enhancement of ecological functions of critical areas and related resources may be allowed within critical areas and buffers upon approval of a restoration and mitigation plan in accordance with the provisions of this chapter, or for restoration of enhancement programs in an adopted shoreline restoration plan pursuant to Chapter 173-26 WAC, a watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a watershed restoration project pursuant to RCW 89.08.460, a salmonid recovery plan, the Salmon Recovery Funding Board habitat project list, or identified by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement pursuant to RCW 77.55.181. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.085 Notice on title.
A. The owner of any property containing critical areas on which a development proposal is approved shall file with the records division of Lewis County a notice in a format approved by the director and provide a copy of the filed notice to the city of Chehalis planning department, unless notice is provided on a plat as provided in subsection (B) of this section. The notice shall:
1. State the presence of the critical area and/or buffer area on the property and identify that there are limitations and restrictions on uses and actions in or affecting the critical area and/or buffer imposed by this code and by the provisions of the critical areas code and specific conditions of approval. The notice shall indicate that the restrictions run with the land and may be altered only in conjunction with amendment of this chapter or amendment of specific conditions of approval as provided by this chapter.
2. Provide that management of the critical area is required to include, but is not limited to, maintenance or replacement of vegetation to ensure the long-term viability of a community of native vegetation, control of invasive plant control, and fulfillment of other conditions of approval.
3. Provide for the right of the public, and specifically the city of Chehalis, to enforce the terms of the restrictions through civil infraction or other legal address.
4. If a site plan has been approved indicating the extent of the critical area and buffer and permit conditions, a copy of the site plan together with relevant survey information and permit conditions shall be included in the notice filed.
B. Restrictions on use and development of critical areas buffers and setback areas on plats and short plats shall include the information in subsection (A) of this section, shall designate the party responsible for maintenance of the critical area, if other than the property owner, and shall place critical areas in tracts or easements as provided below:
1. Designation of separate tracts for critical areas and buffers shall be the preferred method of designation and protection of critical areas in plats to provide for integrated management of the critical area and buffer separately from lots. The tract may be:
a. Held in an undivided interest by each owner of a building lot within the development, the ownership of which shall pass with the ownership of the lot. Responsibility for meeting all requirements of preservation and management shall be designated to an incorporated homeowners’ association or other legal entity that ensures the ownership and protection of the critical area.
b. Dedicated to the city of Chehalis or other governmental entity qualified to own and manage open space.
c. Conveyed to a nonprofit land trust, provided the land may not be thereafter transferred to a private party; and provided, that if the land trust is dissolved or otherwise fails to perform its functions, ownership and responsibility for management shall devolve to an undivided interest by each owner of a building lot within the development, as provided in subsection (B)(1)(a) of this section.
2. The director may allow a critical area and buffer to be placed within a protective easement on a parcel with the responsibility for meeting all requirements of preservation and management placed on the owner of the parcel over which the easement is placed. This means of designation shall be used in cases where the size and the ecological functions of the critical area do not require coordinated management or where formation of an incorporated homeowners’ association or other legal entity for management is found to be impractical because of the limited number of lots, or where ownership and management by the city, a qualified special district or a land trust is found to be impractical. This alternative generally will be limited to critical areas and buffers of less than 20,000 square feet and developments of fewer than 10 parcels, or commercial or multifamily development.
C. This notice on title shall not be required for a development proposal by a public agency or public or private utility within a right-of-way or easement for which they do not have fee-simple title.
D. The applicant shall submit proof that the notice, dedication or easement has been filed for public record before the city shall approve any final plat or final site plan for such site. The notice shall run with the land and failure to provide such notice to any purchaser prior to transferring any interest in the property shall be a violation of this section. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.086 Building setbacks.
A. Buildings and other structures shall be set back a sufficient distance to ensure that disturbance to sensitive area vegetation and soils is avoided during construction, maintenance and use.
B. Buildings and other structures shall be set back a distance of 10 feet from the edges of all critical area buffers or from the edges of all critical areas if no buffers are required; provided, that the director may modify the building setback based on specific development plans that document that construction techniques, maintenance needs and use will not disturb critical areas or buffer.
C. If slopes adjacent to the buffer for wetlands or water bodies exceed 15 percent, including slopes created by grading, a swale sufficient to intercept surface water movement shall be installed outside the edge of the buffer.
D. The following facilities and uses are allowed in the building setback:
1. Landscaping, including rockeries not over 42 inches high, provided construction does not alter the buffer or critical area;
2. Uncovered decks, platforms, porches and similar projections not over 42 inches high;
3. Building eaves, cornices, chimneys and similar projections no greater than two feet into the building setback;
4. Impervious surfaces such as driveways, parking lots, roads, and patios; provided, that such surfaces conform to applicable water quality standards and that construction equipment does not enter the buffer or critical area;
5. Clearing and grading consisting of not over 42 inches of cut or fill. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.087 Mitigation.
A. Mitigation measures shall be implemented to protect critical areas and buffers from alterations occurring on all or portions of a site being developed. The mitigation measures required below shall be implemented in conjunction with other applicable mitigation requirements outlined in the subsequent critical area chapters. All mitigation measures shall be designed to achieve no net loss of critical area function and values.
B. Mitigation Sequencing. Development proposals affecting critical areas shall demonstrate that reasonable efforts have been examined with the intent to avoid and prevent impacts to the functions and values of the critical area or species. When an alteration to a critical area is proposed that is known or expected to have adverse impacts to a critical area, the alteration shall be avoided, minimized or compensated for in the following order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impact 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 impact;
3. Rectifying the impact by repairing, rehabilitating or restoring the critical areas;
4. Reducing or eliminating the impact over time by prevention and maintenance operations;
5. Compensating for the impact by replacing, enhancing or providing substitute areas and environments and replacing the ecological processes and functions of the resource;
6. Monitoring the impact and taking appropriate corrective measures.
C. Location.
1. Compensatory mitigation shall be provided on site or off site in a location that will provide the greatest ecological benefit and have the greatest likelihood of success. Off-site mitigation is preferred to be as close as possible to the impact area and within the same watershed sub-basin as the permitted alteration. Off-site mitigation sites preference shall be given to sites and restoration activities identified in an adopted shoreline restoration plan pursuant to Chapter 173-26 WAC, a watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a watershed restoration project pursuant to RCW 89.08.460, a salmonid recovery plan, the Salmon Recovery Funding Board habitat project list, or identified by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement pursuant to RCW 77.55.181.
2. All mitigation sites should be protected in perpetuity through a legally binding mechanism such as a recorded conservation easement, deed restriction, critical area tract, or similar protective instrument.
D. Mitigation Plan. A mitigation plan shall be required for the design, implementation, maintenance and monitoring of mitigation. A plan shall provide the following, in addition to criteria for the specific critical areas provided in the subsequent critical area chapters:
1. A description and evaluation of any critical areas that could be altered by the proposed development, including evaluation of ecological processes and functions based on best available science and detailed field assessment of the affected resources;
2. A description and scaled drawings of the proposed mitigation activities including, but not limited to, clearing, grading/excavation, drainage alterations, planting, invasive plant management, installation of habitat structures, irrigation, and other site treatments;
3. A description of the ecological functions and values that the proposed alteration may affect and of the specific ecological functions and values the proposed mitigation area(s) shall provide;
4. A description of required or recommended mitigation ratios and an assessment of factors that may affect the success of the mitigation program;
5. Specific measurable performance standards that the proposed mitigation action(s) shall achieve together with a description of how the mitigation action(s) will be evaluated and monitored to determine if the performance standards are being met;
6. A description of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates that project performance standards are not being met;
7. Cost estimates for the installation of the mitigation program, monitoring, and maintenance as well as for corrective action if mitigation performance standards are not met.
E. A performance assurance shall be provided to guarantee installation, monitoring and performance of mitigation actions.
1. Performance Surety. The applicant shall post a cash performance bond, letter of credit, or other security acceptable to the city of Chehalis in the amount of 125 percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater. The surety shall be based on an itemized cost estimate of the mitigation activity including clearing and grading, plant materials, plant installation, irrigation, weed management, monitoring, and other costs. The conditions of the surety shall be consistent with the purposes of this chapter and the conditions to be fulfilled. In the event of a breach of any condition of any such bond, the city of Chehalis may institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and execution. The city of Chehalis shall release the bond upon determining that:
a. All activities, including any required compensatory mitigation, have been completed in compliance with the terms and conditions of the permit and the requirements of this chapter;
b. Upon the posting by the applicant of a maintenance surety.
2. Maintenance Surety. The city of Chehalis shall require the holder of a development permit issued pursuant to this chapter to post a cash performance bond, letter of credit, or other security acceptable to the city of Chehalis in an amount and with surety and conditions sufficient to guarantee that structures, improvements and mitigation required by the permit or by this chapter perform satisfactorily, generally for a period of five years after they have been completed. The city of Chehalis shall release the maintenance bond upon determining that performance standards established for evaluating the effectiveness and success of the structures, improvements and/or compensatory mitigation have been satisfactorily met for the required period. For compensation projects, the performance standards shall be those contained in the mitigation plan developed and approved during the permit review process. The maintenance bond applicable to a compensation project shall not be released until the city of Chehalis determines that performance standards established for evaluating the effect and success of the project have been met. The director may return up to 50 percent of the surety following the first year of monitoring; provided, that the year-one performance standards are met and the risk of subsequent failure is considered low.
3. Depletion, failure, or collection of surety funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, or monitoring.
4. Public development proposals may be relieved from having to comply with the surety requirements of this section if public funds have been committed through a budget process with final approval for mitigation, maintenance, or monitoring.
F. Mitigation Banking. The city may approve mitigation banking as a form of compensatory mitigation for wetlands and fish and wildlife habitat conservation area impacts when the provisions of this chapter require mitigation and when it is clearly demonstrated that the use of a mitigation bank will provide equivalent or greater replacement of critical area functions and values when compared to conventional on-site mitigation; provided, that all of the following criteria are met:
1. Mitigation banks shall only be used when they provide significant ecological benefits including long-term conservation of critical areas, important species, habitats and/or habitat linkages, and when they are consistent with the city’s comprehensive plan and create a viable alternative to the piecemeal mitigation for individual project impacts to achieve ecosystem-based conservation goals.
2. Credits from a wetland mitigation bank certified under Chapter 173-700 WAC may be used to compensate for impacts located within the service area specified in the mitigation bank instrument if all the following are met:
a. The director determines that it would provide appropriate compensation for the proposed impacts;
b. The proposed use of credits is consistent with the terms and conditions of the mitigation bank instrument; and
c. Mitigation ratios are consistent with ratios specified in the mitigation bank instrument.
3. Preference shall be given to mitigation banks that implement restoration actions that have been identified in an adopted shoreline restoration plan, watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW, a salmonid recovery plan or project that has been identified on the Salmon Recovery Funding Board habitat project list or by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement.
G. In-Lieu Fee. Credits from an approved in-lieu fee (ILF) program may be used when all the following apply:
1. The director determines that it would provide appropriate compensation for the proposed impacts.
2. The proposed use of credits is consistent with the terms and conditions of the approved ILF program instrument.
3. Projects using ILF credits shall have debits associated with the proposed impacts calculated by the applicant’s qualified wetland professional using the credit assessment method specified in the approved instrument for the ILF program.
4. The impacts are located within the service area specified in the approved ILF instrument. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.088 Nonconforming development.
The following provisions shall apply to lawfully established uses, buildings and/or structures that do not meet the specific standards of this program:
A. Nonconforming uses shall be governed in accordance with the provisions of CMC 17.03.090 and the shoreline master program, subject to additional provisions in this chapter. Such use may not be altered or expanded except in compliance with standards provided in said codes.
B. Nonconforming structures, facilities and development damaged by fire or other cause shall be governed in accordance with CMC 17.03.080 and the shoreline master program, subject to additional provisions in this chapter.
C. “Minor alteration or renovation” shall be defined as alteration or renovation of any structure or associated improvements within a critical area or buffer that results in an expansion of floor area of less than 500 square feet, or 10 percent, whichever is less, or the expansion of impervious surface by less than 1,000 square feet, or 10 percent, whichever is less; or remodeling or renovation that is less than 50 percent of the value of the structure or improvements, excluding plumbing, electrical and mechanical systems. Minor alteration may require compliance with specific performance standards of this code.
D. “Major alteration or renovation” shall be defined as the alteration or renovation of any structure or associated improvements within a critical area that results in an expansion of floor area of 500 square feet or more, or more than 10 percent and less than 50 percent, whichever is greater; or the expansion of impervious surface by more than 1,000 square feet, or of more than 10 percent and less than 50 percent, whichever is greater; or remodeling or renovation that is greater than 50 percent and less than 100 percent of the value of the structures or improvements excluding plumbing, electrical and mechanical systems. Major alteration may require compliance with specific performance standards of this code.
E. “Substantial reconstruction” shall be defined as the alteration or renovation that results in an expansion of floor area of more than 50 percent, or the expansion of impervious surface by more than 50 percent, or remodeling or renovation that exceeds 100 percent of the value of the structures or other improvements, excluding plumbing and mechanical systems. Such substantial reconstruction shall be considered the same as new construction and shall fully comply with the provisions of this code.
F. Nonconforming single-family residential lots within a subdivision filed within five years previous to the adoption of provisions of this code that render them nonconforming in compliance with RCW 58.17.170, or other lots or parcels under contiguous ownership and less than 20,000 square feet in size that are not subject to landslide hazard areas and associated buffers, shall be subject to the following standards, in conformance with the provisions for a reasonable use exception in CMC 17.21.083 and in accordance with the following criteria:
1. Nonconforming lots with an area of 2,000 square feet or more available for a building area unrestricted by critical areas or buffers shall comply with the standards of this chapter. The “building area” means the entire area that will be disturbed to construct a structure containing an allowed use and normal appurtenances, including parking and landscaping.
2. Nonconforming lots that do not meet the requirement of subsection (F)(1) of this section shall provide the maximum setback and buffer dimension feasible while providing for a building envelope of at least 2,000 square feet on the lot. The building area shall generally be located on the portion of the lot farthest from the required critical area or buffer and/or the least sensitive portion of the lot.
3. The area between the structure and the critical area shall be maintained or planted in native trees and understory vegetation. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.089 Administrative rules.
The director shall have the authority to adopt administrative rules as deemed necessary consistent with the provisions of this chapter and that are necessary for the implementation of critical area regulations. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.090 Enforcement.
A. The director or its designee shall have a right to enter upon any property at reasonable times and to make such inspections as are necessary to determine compliance with the provisions of this chapter or the conditions imposed pursuant to this chapter. The city shall make a reasonable effort to locate the owner or persons in charge and notify them of the times and purposes of required entry.
B. The director is further authorized to take such actions as may be necessary to enforce the provisions of this chapter including but not limited to the civil infraction, abatement and criminal penalties provided in Chapter 17.09 CMC.
C. The city’s enactment or enforcement of this chapter shall not be construed for the benefit of any individual person or group of persons other than the general public.
D. When a critical area or its buffer has been altered in violation of this chapter, all ongoing activity shall stop and the critical area shall be restored. The director shall have the authority to issue a “stop-work” order pursuant to CMC 17.09.215 to cease all ongoing activity and order restoration, rehabilitation, replacement, or other measures at the owner’s or other responsible party’s expense to compensate for violation of provisions of this chapter. Activity shall not resume until such time as the violation has been corrected and the director determines that the same or similar violation is not likely to reoccur.
E. If the director determines that a plan for restoration or other measures is required, all activity shall remain stopped until a plan is prepared and approved by the director. Such a plan shall be prepared by a qualified professional using the currently accepted scientific principles and shall describe how the actions proposed meet the minimum requirements described in subsection (F) of this section. The director may, at the applicant or other responsible party’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.
F. Minimum Performance Standards. All of the following minimum performance standards shall be met for the restoration or other required measures of a critical area:
1. The pre-violation structure, functions, and values of the affected critical area shall be restored, including water quality and habitat functions.
2. The prehistoric soil types and configuration shall be restored to the extent practicable.
3. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration.
4. Information demonstrating compliance with other applicable provisions of this chapter shall be submitted to the director.
G. Penalties. Civil fines for violations of these provisions shall be pursuant to CMC 17.09.215. If the critical area affected cannot be restored, monies collected as penalties shall be deposited in a dedicated account for the preservation or restoration of landscape processes and functions in the watershed in which the affected wetland is located. The city may coordinate its preservation or restoration activities with other agencies in the watershed to optimize the effectiveness of the restoration action. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]
17.21.091 Appeals.
Appeal of any decision made in the administration of this chapter shall be as provided in CMC 17.09.160. [Ord. 1122B § 12, 2025; Ord. 849B § 2, 2009.]