Chapter 16.20
STORMWATER MANAGEMENT IN RURAL AREAS
Sections:
16.20.045 Deviations and variance.
16.20.070 Large development standards.
16.20.080 Ownership, inspection and maintenance.
16.20.090 Easements, deeds and covenants.
16.20.130 Ultimate responsibility.
16.20.140 Conflict with other regulations.
16.20.010 Purpose.
Unmitigated development is detrimental to the safety, welfare, and health of the citizens residing adjacent to and downstream from said development. Unmitigated development has the potential to substantially alter the natural drainage characteristics of drainage courses such that the water is diverted and thereby affects adjacent property and property owners’ rights. Substantial unmitigated development in drainage courses is also detrimental to the environment of Cowlitz County.
The purpose of this chapter is to:
A. Ensure that property owners control the volume and rate of stormwater runoff originating from their property so that adjacent and downstream property and property owners’ rights are protected, soil erosion minimized, off-site sedimentation prevented and flooding potential reduced;
B. Prevent accelerated soil erosion and sedimentation, and control stormwater runoff resulting from earth changes proposed within Cowlitz County after construction activities occur; and
C. Maintain and protect the county’s municipal stormwater facilities and the stormwater facilities located downstream of development and construction activities. [Ord. 13-007 § 1, 1-8-13.]
16.20.020 Definitions.
“County Engineer” shall mean the County Engineer of Cowlitz County or their representative.
“Development” shall mean any land disturbing activities, including, but not limited to, Class IV general forest practices that are conversions from timber to other uses; structural development, including construction or installation of a building or other structure; and creation of impervious surfaces.
“Impervious area” shall mean a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include but are not limited to roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, packed gravel surfaces, packed earthen materials, and macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining applicability under this section, but shall be considered impervious surfaces for purposes of modeling.
“Land disturbing activity” shall mean any activity that results in movement of earth, or a change in existing soil cover (both vegetative and nonvegetative) and/or existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices and gardening are not considered land disturbing activities.
“Stormwater drainage manual” shall mean the most current Cowlitz County stormwater drainage manual prepared by Cowlitz County Department of Public Works.
“Stormwater Management Manual for Western Washington (SWMMWW)” means the manual prepared by Ecology, containing BMPs to prevent, control or treat pollution in stormwater and reduce other stormwater-related impacts to waters of the state.
“Unincorporated urbanized area” shall mean the unincorporated area within Cowlitz County constituting an urbanized area as defined by the State of Washington Department of Ecology’s Western Washington Phase II Municipal Stormwater Permit. The area includes those parcels depicted on the map within the stormwater drainage manual and detailed on a listing of parcels identified within such urbanized area maintained on file in the office of Cowlitz County Department of Public Works. [Ord. 13-007 § 1, 1-8-13.]
16.20.030 Applicability.
A. The provisions of this chapter shall apply to development that:
1. Creates an additional 12,000 square feet or more of impervious area outside of the unincorporated urbanized area; and
2. The additional impervious area is equal to 15 percent or more of the parcel, or sum total of the parcels impacted, area.
B. Large commercial and industrial developments that add more than one acre of impervious area as well as subdivisions, as defined in Chapter 18.30, 18.32, 18.38 or 18.50 CCC, shall also meet the requirements of CCC 16.20.070.
C. Development activities within a parcel that occur within one year of each other shall be considered to be the same project and subject to the sum of the areas impacted. The period of occurrence shall be measured from the acceptance of one project to the vesting date of the next project.
D. Implementation of certain provisions of this chapter requires use of the Cowlitz County stormwater drainage manual (stormwater drainage manual) and the Stormwater Management Manual for Western Washington (SWMMWW) as referenced in the stormwater drainage manual.
E. Compliance with provisions of this chapter is considered the minimum level of effort. Additional permits, licenses or authorizations for development activities may be required by local, state or federal agencies. [Ord. 13-007 § 1, 1-8-13.]
16.20.040 Exemptions.
Exemptions to this chapter are:
A. Forest Practices. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timber land to other uses.
B. Commercial Agriculture. Commercial agriculture practices involving working the land for production are generally exempt. However, the construction of structures and storage areas is not exempt.
C. Oil and Gas Field Activities or Operations. Construction of drilling sites, waste management pits, and access roads, as well as construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations are exempt from all technical and administrative requirements in this chapter. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality during storm events.
D. Flow control is not required for projects that discharge directly to a water listed in Appendix I-E of the Stormwater Management Manual for Western Washington, or a diking district conveyance ditch, subject to the following restrictions:
1. Direct discharge to the exempt receiving water does not result in the diversion of drainage from any perennial stream classified as Types 1, 2, 3, or 4 in the State of Washington Interim Water Typing System, or Types “S,” “F,” or “Np” in the Permanent Water Typing System, or from any Category I, II, or III wetland; and
2. Flow splitting devices or drainage best management practices (BMPs) are applied to route natural runoff volumes from the project site to any downstream Type 5 stream or Category IV wetland; and
3. The project site must be drained by a conveyance system that is comprised entirely of manmade conveyance elements (e.g., pipes, ditches, outfall protection, etc.) and extends to the ordinary high water line of the exempt receiving water; and
4. The conveyance system between the project site and the exempt receiving water shall have sufficient hydraulic capacity to convey discharges from future build-out conditions (under current zoning) of the site, and the existing condition from nonproject areas from which runoff is or will be collected; and
5. Any erodible elements of the manmade conveyance system must be adequately stabilized to prevent erosion under the conditions noted above.
E. The following road maintenance practices (and maintenance practices similar thereto):
1. Pothole and square cut patching;
2. Crack sealing;
3. Resurfacing with in-kind material without expanding the road prism;
4. Overlaying existing asphalt or concrete pavement with bituminous surface treatment (BST or “chip seal”), asphalt or concrete without expanding the area of coverage;
5. Shoulder grading;
6. Reshaping/regrading drainage systems; and
7. Vegetation maintenance. [Ord. 13-007 § 1, 1-8-13.]
16.20.045 Deviations and variance.
A. Technical Deviations. The County Engineer, or his/her designee, may grant minor technical deviations (adjustments) from requirements contained in the Cowlitz County stormwater design manual; provided, that all of the following criteria are met:
1. The technical deviation will not otherwise result in noncompliance with this title;
2. The granting of the technical deviation will not result in noncompliance with the development conditions imposed upon the project;
3. The granting of the technical deviation will produce a compensating or comparable result which is in the public interest, including providing substantially equivalent environmental protection;
4. The granting of the technical deviation will meet the objectives of safety, function, appearance, environmental protection and maintainability based on sound engineering judgment.
B. Variances. The County Hearing Examiner, in accordance with CCC 18.10.340, et seq., may grant a variance from the provisions of this title; provided, that all of the following criteria are met and written findings are made thereon:
1. The variance is for project-specific design criteria based on site-specific conditions; and
2. The requirements of this title impose a severe and unexpected economic hardship on the applicant. The determination of a severe and unexpected economic hardship shall involve the consideration, in writing, of all of the following:
a. The current (preproject) use of the site; and
b. How the application of this title restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the ordinance codified in this title; and
c. The possible remaining uses of the site if the variance were not granted; and
d. The uses of the site that would have been allowed prior to the adoption of the ordinance codified in this title; and
e. A comparison of the estimated amount and percentage of value loss as a result of the requirements of this title versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the ordinance codified in this title; and
f. The feasibility for the owner to alter the project to comply with the requirements of this title; and
3. The variance will not increase the risk to the public health and welfare, nor be injurious to other properties in the vicinity, to properties downstream or to the quality of the waters of the state; and
4. The variance is the least possible alternative that could be granted to comply with the intent of this title; and
5. The granting of the variance will produce a compensating or comparable result that is in the public interest; and
6. The granting of the variance will meet the objectives of safety, function, appearance, environmental protection and maintainability based on sound engineering judgment.
C. The party requesting a deviation or a variance is responsible for meeting the criteria.
D. Applications for a deviation or a variance shall be subject to the fees established by resolution of the Board of County Commissioners. [Ord. 13-007 § 1, 1-8-13.]
16.20.050 Stormwater study.
The applicant shall provide a stormwater study that shows that water generated by the development can safely flow downstream. The stormwater study shall be stamped by a professional engineer licensed in the state of Washington.
The stormwater study shall consist of:
A. Narrative. A brief narrative describing the development, the existing conditions, where stormwater is proposed to flow upon completion, results of the analysis and proposed mitigation if determined to be needed.
B. Figures. A vicinity map showing the location of the development, a topographic map of the area being analyzed, the basin maps utilized in the analysis and any other figures necessary.
C. Off-Site Analysis. An off-site analysis in accordance with Section 6.2 of the stormwater drainage manual.
D. Mitigation Plan. A mitigation plan if the off-site analysis shows mitigation is necessary.
E. Design Plans. Design plans for the development shall be attached to the stormwater study. [Ord. 13-007 § 1, 1-8-13.]
16.20.060 General standards.
A. The development shall receive drainage onto the tract at the natural occurring location and shall discharge from the tract at the natural and existing location with no diversion at these points.
B. The off-site analysis shall analyze the system no more than one-quarter mile downstream or at the point it discharges to a water of the state, whichever occurs first.
C. If the stormwater study shows that the conveyance systems, drainage ways and/or drainage facilities downstream from the development are inadequate to handle the anticipated increased flow from the development, the developer shall make all the necessary improvements to bring them up to adequate capacity as a part of the development.
D. Applicants proposing any development activities governed by this chapter shall submit to the Department of Public Works, the requisite plans, reports, manuals and other documents as provided herein in addition to any information required for a complete land use application. The Department of Public Works shall review provided plans for compliance with this chapter.
E. The stormwater study shall meet normal engineering practices and will be reviewed by the County Engineer. When the County Engineer finds that the study meets the requirements herein, he will affix his approval.
F. The County Engineer will conduct all inspections required to see that construction of conveyance and drainage facilities meet the requirements of the approved study and plans prepared subsequent thereto.
G. All applications for stormwater approval shall be subject to the fees established by resolution of the Board of County Commissioners.
H. All projects shall provide erosion controls sufficient to protect the public right-of-way, the storm drainage system, receiving waters, and adjoining properties from the deposition of materials, discharge of sediments and other pollutants, and damage from flows influenced by the project. [Ord. 13-007 § 1, 1-8-13.]
16.20.070 Large development standards.
Large commercial and industrial developments that add more than one acre of impervious area as well as subdivisions, as defined in Chapter 20.30, 20.25, 20.40 or 20.50 CCC, shall design and construct the development to satisfy minimum requirements No. 1 through No. 9 for the new, replaced, and converted impervious and pervious surfaces. The stormwater drainage manual describes minimum requirements No. 1 through No. 9 and how to satisfy them.
Flow control facilities, minimum requirement No. 7, shall be designed utilizing the Santa Barbara Urban Hydrograph (SBUH) modeling method, and the existing site characteristics as the predeveloped condition. Facilities shall be sized such that the peak release rate from the development shall not exceed the peak release rate from half the predeveloped two-year, 24-hour, the predeveloped 25-year, 24-hour, and the predeveloped 100-year, 24-hour design storms. [Ord. 13-007 § 1, 1-8-13.]
16.20.080 Ownership, inspection and maintenance.
A. Ownership and Responsibility.
1. County Ownership of Stormwater and Conveyance Facilities. County ownership is required for stormwater and conveyance facilities located within or serving the public right-of-way or on land owned by the county. The county shall be responsible for the inspection, operation, maintenance and repair of stormwater and conveyance facilities under any of the following situations:
a. The stormwater or conveyance facilities are located in the public right-of-way; or
b. The stormwater or conveyance facilities have been dedicated to and accepted by the county.
2. Private Ownership of Stormwater and Conveyance Facilities. Any person holding title to property for which stormwater or conveyance facilities that have been required or owners of stormwater or conveyance facilities that collect, convey, treat, detain and/or infiltrate runoff from private properties shall be responsible for the proper construction, inspection, operation, maintenance and repair of said stormwater and conveyance facilities, unless such responsibility is transferred and accepted by the county. See subsection C of this section. The responsible person or designee shall ensure inspections, operation, maintenance and repairs occur in accordance with an approved stormwater operations and maintenance manual and covenant as outlined below in subsection E of this section.
3. Ownership and maintenance responsibility for stormwater and conveyance facilities shall be specified in a recorded plat, short plat or covenant.
B. Inspection and Maintenance during Construction.
1. To ensure proper performance and maintenance of stormwater and conveyance facilities during construction, the responsible person or designee shall conduct inspections in accordance with the approved construction plans and any issued land use permits. The responsible person shall:
a. Notify the county two working days prior to the commencement of construction;
b. Keep written records of inspections, which shall be retained on site or within reasonable access to the site;
c. Make inspection records available to the county upon request; and
d. Transfer these records to the new owner or responsible party upon sale or conveyance of the property.
e. In addition, a county representative or designee shall conduct inspections prior to and periodically during construction activities to verify proper installation and maintenance of required construction stormwater and conveyance facilities, as indicated in the approved construction plans and any issued land use permits. Upon completion of construction, a county representative or designee shall conduct a final inspection of the permitted development to ensure proper installation of stormwater and conveyance facilities.
C. County Acceptance of Conveyance Facilities. Any person holding title to property with conveyance facilities resulting from this chapter may offer to the county for dedication said conveyance facilities, together with such easements, tracts and appurtenances as may be reasonably necessary. Any conveyance facility located within public right-of-way shall be dedicated to the county together with such easements, tracts and appurtenances as may be reasonably necessary. The county, at the Department of Public Works’ discretion, may accept inspection, operation and maintenance responsibility for conveyance facilities existing prior to the effective date of this chapter. Conveyance facilities that are to be owned by the county will be accepted for ownership upon approval of the following conditions:
1. The applicant, at their sole expense, shall provide any document or information requested by the county in order for a decision to be reached on accepting the facilities;
2. Final surfacing has been installed;
3. The conveyance facilities have been inspected and accepted by the county;
4. All easements and dedications required by this chapter entitling the county to access, inspect, operate and maintain the conveyance facilities have been conveyed to Cowlitz County and have been recorded with the Cowlitz County Auditor; and
5. The applicant has provided a complete and accurate set of reproducible as-built record drawings of the conveyance facilities to Cowlitz County. These drawings shall be stamped and certified as accurate by a professional engineer and accompanied by an operations and maintenance manual.
D. County Acceptance of Stormwater Facilities. Any person holding title to property with stormwater facilities resulting from this chapter, serving single-family residential developments, may offer to the county said stormwater facilities for dedication, together with such easements, tracts and appurtenances as may be reasonably necessary. The county, at the Department of Public Works’ discretion, may accept inspection, operation and maintenance responsibility for stormwater facilities serving residential developments, existing prior to the effective date of this chapter. Stormwater facilities that are to be owned by the county will be accepted for ownership upon approval of the following conditions:
1. The applicant, at their sole expense, shall provide any document or information requested by the county in order for a decision to be reached on accepting the facilities;
2. Improvements in residential subdivisions have been made on at least 80 percent of the created lots draining to the facility, unless waived by the county;
3. All stormwater facilities have been in satisfactory operation for at least two years. The two-year period begins upon application for county ownership of stormwater facilities;
4. After two years of satisfactory operation and maintenance, the stormwater facilities have been inspected and accepted by the county;
5. All easements and dedications required by this chapter entitling the county to access, inspect, operate and maintain the stormwater facilities have been conveyed to Cowlitz County and have been recorded with the Cowlitz County Auditor; and
6. The applicant has provided a complete and accurate set of reproducible as-built record drawings of the stormwater facilities to Cowlitz County. These drawings shall be stamped and certified as accurate by a professional engineer and accompanied by an operations and maintenance manual.
E. Operations and Maintenance Manual and Covenants.
1. An operations and maintenance manual and covenants will be required for all stormwater and conveyance facilities installed for any new development projects required by this chapter.
2. Such operations and maintenance manual and covenants shall be submitted with the stormwater study and approved prior to the county granting final approval for the development under this chapter. The original maintenance manual and covenants shall be recorded in the Cowlitz County Auditor’s office and copies shall be attached with the property deed for parcels containing or served by the stormwater facilities referred to in the covenants.
3. A copy of the operations and maintenance manual, covenants and a log of inspections, maintenance activities and repairs shall be retained by the designated responsible party. These records shall be made available to the county upon request and retained on site or within reasonable access to the site. These records shall be transferred with the property to the new owner or responsible party.
4. The stormwater operations and maintenance covenants shall detail the continued performance of inspection and maintenance obligations required by this chapter. An operations and maintenance manual shall be submitted as an attachment to the actual operations and maintenance covenants. Information required for the operations and maintenance manual and covenants includes:
a. Designated Responsible Party. The designated owner or other legally established entity (responsible person), who shall be permanently responsible for the inspection and maintenance of the stormwater and conveyance facilities, shall be indicated.
b. Successor Responsibility. The agreement shall indicate the succession of inspection and maintenance responsibilities based upon the sale of property (if applicable) or dedication to other entities.
c. Right of Entry for Stormwater Authority. The agreement shall grant the county representative or designee the right of entry, at reasonable times and in a reasonable manner, for the purposes of inspecting stormwater and conveyance facilities, for abatement of a public nuisance or correction of a violation of this chapter.
d. Inspection and Maintenance Standards. The manual shall include inspection and maintenance standards for each stormwater and conveyance facility and BMP, as documented in Volume V, Chapter 4 of the 2005 SWMMWW. In addition, the manual shall include a list of inspection and maintenance tasks, a schedule for routine inspection and maintenance and actions to be taken when maintenance is required. Initial inspection frequencies shall be defined according to the following:
i. All stormwater facilities and catch basins for new residential developments that meet the regulatory threshold shall be inspected every six months until 80 percent of the created parcels are occupied.
ii. All stormwater facilities, excluding catch basins, shall be inspected annually, unless maintenance records justify a different frequency. If a revised frequency is requested, approval of the request shall be based upon actual inspection and maintenance records for a period of time twice that of the proposed inspection frequency interval (i.e., if biannual maintenance is requested, then four years of maintenance records would be needed to justify the modification).
iii. When inspections identify the need for maintenance, such maintenance shall be conducted in accordance with the following timeframes:
(A) Within one year for wet pool facilities and retention/detention ponds.
(B) Within six months for typical system maintenance (i.e., catch basins and ditches).
(C) Within nine months for revegetation activities.
(D) Within two years for any maintenance that requires capital construction costs of less than $25,000.
(E) Within a timeframe acceptable to the county for any capital construction costs greater than $25,000.
F. County Inspections of Privately Maintained Stormwater Facilities.
1. A county representative or designee shall have authority to conduct periodic inspections of postconstruction stormwater facilities in order to ensure continued functioning of the facilities for the purposes for which they were constructed, and to ensure that maintenance is being performed in accordance with the standards set forth in the operations and maintenance manual and covenants. Inspection procedures shall be as outlined in subsection (F)(2) of this section.
2. Inspection Procedure. Prior to making any inspections, the county representative or designee shall present identification credentials, state the reason for the inspection and request entry of the owner or other person having charge or control of the property, if available, or as provided below:
a. Unoccupied Site. If the property or structure on the property is unoccupied, the county representative or designee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
b. Imminent Hazard. If, after reasonable effort, the county representative or designee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the site or of the private stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
c. Special Inspection Warrant. If the county has been refused access to any part of the premises from which stormwater is discharged, and if the county is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect as part of a routine inspection program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the county may seek issuance of a search warrant from any court of competent jurisdiction. [Ord. 13-007 § 1, 1-8-13.]
16.20.090 Easements, deeds and covenants.
A. Drainage easements shall be required where the conveyance, storage, or treatment of stormwater is identified in development plans that are not located in public rights-of-way, and where access to stormwater facilities is required. Drainage easements shall be granted to the persons responsible for providing ongoing maintenance of the drainage systems. Drainage easements through structures are not permitted. Easements shall be of a width and location sufficient to allow access for equipment that would normally perform maintenance activities (minimum 15-foot width).
B. Stormwater and conveyance facilities that are to be maintained by Cowlitz County, together with maintenance access roads to the facilities, shall be located in the public right-of-way, in separate tracts dedicated to Cowlitz County or in drainage easements granted to Cowlitz County.
C. Private homeowner deed restrictions and homeowners/building covenants shall be required for all properties with on-site low impact development (LID) features to ensure that the stormwater management applications continue to function as designed. The deed restrictions or covenants shall specifically address and/or append the requirements and responsibilities for long-term management and maintenance of any LID features. [Ord. 13-007 § 1, 1-8-13.]
16.20.100 Enforcement.
It shall be unlawful to violate any provision or fail to comply with any of the requirements of this chapter. Any person(s) who violates or continues to violate any of the provisions of this chapter or any order issued hereunder shall be subject to one or more of the actions outlined in this section or may be restrained by injunction or otherwise in a manner provided by law. Violation of any provision of this chapter shall be deemed a nuisance in RCW 36.32.120(10) and may be cited as a civil infraction or referred to the prosecuting attorney for appropriate legal action as specified in this section and in Chapter 2.06 CCC.
A. Remedies. Whenever the county finds failure to meet a requirement of this chapter, the county may order compliance as outlined below:
1. Installation, maintenance, or repair of a component of a stormwater or conveyance facility;
2. The performance of monitoring, analyses, and reporting;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
5. The implementation of source control or treatment BMPs.
The above remedies must be completed before an established deadline in order to avoid county actions, issuance of a stop work order or having the noncompliance declared as a civil infraction. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the county to seek cumulative remedies.
B. County Actions. In addition to any other remedies that the county may require under this chapter, this chapter shall not prevent the county from conducting repairs or maintenance to stormwater facilities if the county determines that imminent danger to public safety, health or welfare, or public or private property, or critical areas or habitat is likely as a result of the actions or inaction of the property owner(s). If the county conducts repairs or maintenance to a private facility, the cost will be charged to the property owner(s) together with any penalties incurred under this chapter and any costs of collection, including attorneys’ fees, all of which shall be considered a lien against the subject property, prorated against the beneficial users of the property, placed on the tax bill and collected as ordinary taxes by the county, and also collectable as a personal debt against the property owner(s).
C. Liability for Installation and Maintenance. The property owner and all persons engaged in development activities shall be liable, jointly and severally, for all costs incurred by the county for any enforcement action taken hereunder, or on account of damage or threatened damage to county property or facilities or water bodies, or associated remedial actions necessitated by the failure to install and/or maintain required erosion controls and/or stormwater facilities. Any person found to be in violation of this chapter shall also be responsible for the costs of investigation by the county, including the analytical services of a certified laboratory or a licensed professional. [Ord. 13-007 § 1, 1-8-13.]
16.20.110 Interpretation.
The provisions of this chapter shall be held to be minimum requirements and standards in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. [Ord. 13-007 § 1, 1-8-13.]
16.20.120 Liability.
The requirements of this chapter are minimum standards and a person’s compliance with the same shall not relieve such person from the duty of enacting all measures necessary to minimize the hydrologic impacts of development and the pollution of surface waters.
This chapter shall not be construed to hold Cowlitz County, or any office or employee thereof, responsible for any damages to persons or property by reason of the certification, inspection or non-inspection of any project as herein authorized. [Ord. 13-007 § 1, 1-8-13.]
16.20.130 Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter is not intended to imply, nor does it imply, that compliance by any person will ensure that there will be no flooding. [Ord. 13-007 § 1, 1-8-13.]
16.20.140 Conflict with other regulations.
Except as may be expressly provided herein, this chapter is not intended to repeal, abrogate or modify any provision of the Cowlitz County Code or any other ordinance, resolution, regulation easement, covenant or deed restriction. The requirements of this chapter should be considered in addition to the requirements of Cowlitz County Code and any other ordinance, resolution or regulation and where any provision of this chapter is in conflict with any other section of the Cowlitz County Code, ordinances, resolutions, or regulations, the more restrictive regulation or the regulation that imposes higher protective standards for human health or the environment shall apply and such application shall extend to those specific provisions which are more restrictive. [Ord. 13-007 § 1, 1-8-13.]