40.440.030 Administration

A.    Coordination with Other Permits.

1.    Development proposals requiring review under this chapter which involve other county permits shall be reviewed under the timelines of the existing review; provided, that application information required under this chapter (Section 40.440.030(C)) is submitted and approval criteria (Section 40.440.020(A)) are addressed.

2.    Shoreline Master Program. Within shoreline jurisdiction, development may be allowed for those uses in the Shoreline Master Program either through a statement of exemption pursuant to Section 40.460.230(C) or through an application for a shoreline permit (substantial development, conditional use, or variance) to include a habitat review pursuant to Section 40.460.530(F) and Sections 40.440.020 and 40.440.030.

(Amended: Ord. 2008-07-05; Ord. 2012-07-16)

B.    Non-Development Proposals.

    Non-development proposals not involving any other county application development reviews shall be reviewed as a Type I application under the timelines and procedural standards of Section 40.510.010 (Type I Process). Section 40.440.030(C) indicates application information to be submitted.

C.    Submittal Information.

1.    Applications for nonexempt activities requiring review under this chapter shall be submitted with the following:

a.    Development applications involving other county review shall submit application materials according to specifications of other reviews involved, and shall also include a completed proposed habitat activity form.

b.    Non-development applications not involving other county review shall be submitted with a completed proposed habitat activity form.

2.    Where required by state law, a completed environmental checklist pursuant to the State Environmental Policy Act (SEPA) shall also be submitted unless categorically exempted by the SEPA Rules.

3.    The county shall develop and make available proposed habitat activity forms. These forms shall clearly and concisely provide direction to applicants on what information is needed in the following areas:

a.    Name, address, location, and basic tracking information for the application;

b.    Existing conditions information, natural and manmade features on the site;

c.    Description and mapping of proposed activities and how this would change existing conditions on the site.

4.    Proposals under this chapter are encouraged but not required to include a report or other assistance from a biologist, botanist, ecologist, or other similarly qualified or trained professional.

5.    Persons interested in establishing an individual stewardship plan for future activities as specified in Section 40.440.020(D) should contact the department.

D.    Permit Authority and Timelines.

1.    An approval granted under this chapter shall remain valid until proposed activities are undertaken and completed. An approved permit not acted upon shall be valid for two (2) years, and upon showing of good cause, may be extended for an additional twelve (12) months.

2.    Approval for habitat area activities as part of other county development approvals shall be valid for a time period specified by the other permit(s) involved.

3.    Approved stewardship plans shall remain valid as specified in Section 40.440.020(D).

E.    Appeals.

    Appeals of county decisions under this chapter may be filed under the provisions of Chapter 40.510 (Types I, II, II and IV Processes).

F.    Enforcement.

    At such time as a violation of this chapter has been determined, enforcement action shall be commenced in accordance with the enforcement provisions of Title 32 of this code (Enforcement), and may also include the following:

1.    Applications for county land use permits on sites that have been found to be in violation of this chapter pursuant to the process set forth in Title 32 of this code (Enforcement), shall not be processed until three (3) years after the completion of clearing. The three (3) years may be reduced upon approval and implementation of a restoration or mitigation plan, to include the following:

a.    A plan for the replanting of trees, brush and groundcover of a type and distribution comparable to that existing prior to clearing; provided, that the responsible official may approve alternative species in order to promote expedient soil stabilization, and may require additional tree planting as mitigation for the loss of mature trees; and

b.    A monitoring plan to assure at least a ninety percent (90%) survival rate of re-established plantings after at least three (3) but not more than eight (8) growing seasons; and

c.    Where fish and wildlife habitat areas are cleared in violation of this chapter, a plan to restore habitat functionality, as it existed prior to the violation, subject to the review and evaluation of WDFW.

d.    Satisfaction of the terms and conditions of any judgement or order entered based upon the violation.

e.     Financial assurances in the form of a bond or other security acceptable to the county, in an amount sufficient to re-establish the mitigation in the event of failure or subsequent disturbance may be required by the responsible official. The financial assurances shall remain in place for the length of the time specified for monitoring in the plan and shall be released after a request by the applicant and a final inspection. In the event of failure of the mitigation, failure to fully execute the mitigation plan, or subsequent disturbance, forfeiture of the financial assurances shall be required and the funds shall be used to re-establish the mitigation or to complete the execution of the plan. In the event that such re-establishment or completion is deemed impractical by the director, the funds shall accrue to the established cumulative effects fund for the watershed within which the site is located.

2.    In the absence of any mitigation measures approved by the department for sites cleared in violation of this standard, the county may refuse to approve any permit for up to an additional three (3) years.

G.    Specific Activities.

    Special procedures and standards apply to certain specific activities as provided for in Section 40.440.040.

(Amended: Ord. 2005-04-15; Ord. 2006-06-09; Ord. 2006-07-09; Ord. 2006-08-03)