Chapter 18I.10


18I.10.010    Authority and Title.

18I.10.020    Purpose and Goals.

18I.10.030    Intent.

18I.10.040    Interpretation.

18I.10.050    Definitions.

18I.10.060    Applicability and Mapping.

18I.10.070    Appeals.

18I.10.080    Review Process.

18I.10.090    Title, Plat, and Regulated Activities Notification.

18I.10.100    Compliance.

18I.10.110    Severability.

18I.10.010 Authority and Title.

This Title is established pursuant to RCW 36.70A.060 and Pierce County Resolution No. R91-9.

This Title shall be known as "Title 18I, Development Regulations – Natural Resource Lands."

(Ord. 97-84 § 8 (part), 1997)

18I.10.020 Purpose and Goals.

The regulations established in this Title are intended to protect and conserve natural resource land features in Pierce County. By regulating development within and adjacent to or abutting natural resource lands, this Title seeks to implement the following goals adopted by Ordinance No. 91-47S:

A.    Maintain and enhance resource land-based industries including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive Forest Lands and productive Agricultural Lands and discourage incompatible uses.

B.    Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

C.    Protect the environment and enhance the State's high quality of life including air and water quality and the availability of water.

(Ord. 97-84 § 8 (part), 1997)

18I.10.030 Intent.

Agricultural, Forest, and Mineral Resource Lands constitute natural resource lands. All of these areas are of special concern to the people of Pierce County and the State of Washington. The intent of this Title is to conserve the natural resource lands of Pierce County by establishing minimum standards for development of sites which contain or are adjacent to natural resource lands and thus promote the public health, safety, and welfare by:

A.    Mitigating unavoidable impacts by regulating development;

B.    Protecting from impacts of development;

C.    Protecting the public against losses from:

1.    Costs of public emergency rescue and relief operations where the causes are avoidable;

2.    Degradation of the natural environment and the expense associated with repair or replacement;

D.    Preventing adverse impacts on water availability, water quality, wetlands, and streams;

E.    Protecting unique, fragile, and valuable elements of the environment;

F.    Providing County officials with sufficient information to adequately protect natural resource lands when approving, conditioning, or denying public or private development proposals;

G.    Implementing the goals and requirements of the Growth Management Act of 1990, the State Environmental Policy Act, the Puget Sound Water Quality Management Plan, the Pierce County Charter, the Pierce County Interim Growth Management Policies, the Pierce County Comprehensive Plan, and all updates and amendments, functional plans, and other land use policies formally adopted or accepted by Pierce County.

(Ord. 97-84 § 8 (part), 1997)

18I.10.040 Interpretation.

In the interpretation and application of this Title, all provisions shall be:

A.    Considered the minimum necessary;

B.    Liberally construed to serve the purposes of this Title; and

C.    Deemed neither to limit nor repeal any other powers under State statute.

(Ord. 97-84 § 8 (part), 1997)

18I.10.050 Definitions.

See Chapter 18.25 for a complete list of defined terms.

(Ord. 2004-58s § 6, 2004; Ord. 97-84 § 8 (part), 1997)

18I.10.060 Applicability and Mapping.

A.    Applicability. This Title shall apply to all properties which are designated as natural resource lands (Agricultural Lands, Forest Lands, or Mineral Resource Lands) or properties adjacent to designated resource lands by Pierce County. When the requirements of this Title are more stringent than those of other Pierce County codes and regulations, the requirements of this Title shall apply.

B.    Mapping.

1.    The location of natural resource lands are depicted in the Pierce County Zoning Atlas.

2.    The location of properties adjacent to designated resource lands are depicted in the Historical Zoning Atlas Maps for Pierce County as PAR.

3.    The Pierce County Zoning Atlas and Historical Zoning Atlas Maps shall be updated and maintained by the Cartography Laboratory of the Department of Planning and Public Works.

(Ord. 2017-12s § 2 (part), 2017; Ord. 97-84 § 8 (part), 1997)

18I.10.070 Appeals.

Procedures for appeal of an administrative decision issued pursuant to this Title are set forth in Chapter 1.22 PCC. (Ord. 97-84 § 8 (part), 1997)

18I.10.080 Review Process.

A.    The Department shall perform a natural resource lands review of any Pierce County permit or approval requested for any regulated activity, including but not limited to those set forth in Section 18I.20.020 on a site which includes or is adjacent to or abutting one or more natural resource lands unless otherwise provided in this Title.

B.    As part of all development applications:

1.    The Department shall review the information submitted by the applicant to:

a.    Confirm the nature and type of the natural resource land and evaluate any required title, plat, and/or regulated activities notification;

b.    Determine whether the development proposal is consistent with this Title; and

c.    Determine whether any proposed alterations to the site containing natural resource lands are necessary.

C.    Pierce County may approve, approve with conditions, or deny any development proposal in order to comply with the requirements and carry out the goals, purposes, objectives, and requirements of this Title.

D.    Approval of a development proposal does not discharge the obligation of the applicant to comply with the provisions of this Title.

(Ord. 97-84 § 8 (part), 1997)

18I.10.090 Title, Plat, and Regulated Activities Notification.

A.    If more than one resource land subject to the provisions of this Title exists on the site, then one notice which addresses all of the resource lands shall be sufficient.

B.    Notification shall be approved by the Department and shall be consistent with the forms set forth in Chapters 18I.30, 18I.40, 18I.50, and 18I.60, as applicable.

C.    Title notifications shall be notarized and recorded with the Pierce County Auditor prior to approval of any regulated use or activity for the site.

(Ord. 97-84 § 8 (part), 1997)

18I.10.100 Compliance.

The regulations for compliance with the provisions of this Title are set forth in Chapter 18.140, Compliance. (Ord. 2010-70s § 13 (part), 2010; Ord. 97-84 § 8 (part), 1997)

18I.10.110 Severability.

If any provision of this Title or its application to any person or circumstance is held invalid, the remainder of this regulation or the application of the provision to other persons or circumstances shall not be affected. (Ord. 97-84 § 8 (part), 1997)