Chapter 14.32


14.32.010    Policy.

14.32.020    Applicability.

14.32.030    Application requirements.

14.32.040    Stormwater management manual.

14.32.050    Projects within the NPDES permit area—Nonresidential projects outside of the NPDES permit area.

14.32.060    Residential projects outside the NPDES permit area.

14.32.070    Experimental best management practices (BMPs).

14.32.080    Land uses and pollutant generating sources.

14.32.090    Adjustments and exceptions.

14.32.100    Critical drainage areas.

14.32.110    Basin planning.

14.32.120    General stormwater management standards.

14.32.130    Erosion and sediment control.

14.32.140    Low-impact development (LID) techniques and facilities.

14.32.150    Stormwater conveyance.

14.32.160    Final inspections and approval.

14.32.170    Operation and maintenance.

14.32.180    Severability.

*    Prior legislation: Ordinances 17938 (Attch. F), O20020001, O20070003, O20070009 and O20100002 (Exh. 1), O20150006 (Att. A), 20160004 (Att. 6).

14.32.010 Policy.

(1)    Purpose. This Chapter seeks to help protect adjacent landowners and others from downstream flooding, erosion, and pollution in compliance with the County’s NPDES permit. The requirements of this Chapter govern both temporary and long-term stormwater management. This Chapter describes the County’s authority, regulatory requirements, submittal requirements, and procedures for stormwater drainage design, review, approval, construction, maintenance, and management in unincorporated Skagit County.

This chapter is intended to be consistent with the County’s NDPES permit, and in the event of any conflicts between this chapter and the permit, the provisions of the permit control.

(2)    This Chapter is in furtherance of the following stormwater management goals:

(a)    Management of stormwater through a land development strategy emphasizing conservation and use of on-site natural features integrated with hydrologic controls to mimic predevelopment hydrologic conditions;

(b)    Encouraging creative and coordinated site planning, the conservation of natural conditions and features, the use of appropriate technologies and techniques, and the efficient layout of streets, utility networks and other public improvements;

(c)    Reducing hard surfaces and impervious surfaces;

(d)    Preserving or restoring native vegetation;

(e)    Protecting or preserving water quality; and

(f)    Promoting the use of low impact development (LID) techniques by making LID measures the preferred and commonly used approach to site development. (Ord. O20220006 § 1 (Att. 3))

14.32.020 Applicability.

(1)    No site development activity requiring review under this Chapter, including land disturbance, or other construction activity may occur until the proposed activity has been reviewed and any required development permit has been issued.

(2)    This Chapter applies in unincorporated Skagit County to the following activities:

(a)    New development means land disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in RCW Chapter 58.17. Projects meeting the definition of redevelopment shall not be considered new development.

(b)    Redevelopment means, on a site that is already substantially developed (has 35 percent or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities.

(c)    Any activity requiring a land disturbance permit under SCC Chapter 14.22.

(d)    Any land disturbing activity that is not exempt from review under SCC Chapter 14.22.

(3)    This Chapter applies to all applications for development permits submitted to the County:

(a)    On or after July 1, 2022;

(b)    Prior to January 1, 2017, that have not started construction by January 1, 2022; and

(c)    Prior to July 1, 2022, that have not started construction by July 1, 2027.

(4)    Exemptions. The following activities, as set forth in the County’s NPDES permit, Appendix 1, are exempt from the minimum requirements of this Chapter:

(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 production of crops or livestock; provided, that the conversion from timberland to agriculture, and the construction of impervious surfaces are 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. 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)    Pavement Maintenance.

(i)    The following pavement maintenance practices are exempt:

(A)    Pothole and square cut patching;

(B)    Overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage;

(C)    Shoulder grading;

(D)    Reshaping/regrading drainage systems;

(E)    Crack sealing;

(F)    Resurfacing with in-kind material without expanding the road prism;

(G)    Pavement preservation activities that do not expand the road prism; and

(H)    Vegetation maintenance.

(ii)    The following pavement maintenance practices are not categorically exempt, and are subject to the minimum requirements that are triggered when the thresholds identified for new or redevelopment projects are met under SCC 14.32.040 et seq.:

(A)    Removing and replacing an asphalt or concrete pavement to base course or lower, or repairing the pavement base; these are considered replaced hard surfaces.

(B)    Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders; these are considered new hard surfaces.

(C)    Resurfacing by upgrading from dirt to gravel, a bituminous surface treatment (“chip seal”), asphalt, or concrete; upgrading from gravel to chip seal, asphalt, or concrete; or upgrading from chip seal to asphalt or concrete; these are considered new impervious surfaces.

(e)    Underground Utility Projects. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to Minimum Requirement No. 2. (Ord. O20220006 § 1 (Att. 3))

14.32.030 Application requirements.

(1)    All applications for a development permit require a stormwater site plan consistent with this Chapter.

(2)    All proposals for engineered stormwater facilities must be provided in a native electronic format.

(3)    Security. The County may require liability insurance and a financial security to ensure performance of the requirements of this Chapter. (Ord. O20220006 § 1 (Att. 3))

14.32.040 Stormwater management manual.

(1)    Skagit County adopts:

(a)    Ecology’s 2019 Stormwater Management Manual for Western Washington, as subsequently amended, as the stormwater management manual for unincorporated Skagit County.

(b)    The thresholds, definitions, minimum requirements and exceptions, adjustment and variance criteria found in Appendix 1 of the County’s current NPDES permit.

(c)    The following portions of WSDOT’s Standard Specifications for Road, Bridge, and Municipal Construction:

(i)    Section 6-11, Reinforced Concrete Walls.

(ii)    Division 7, Drainage Structures, Storm Sewers, Sanitary Sewers, Water Mains, and Conduits.

(iii)    Section 8-01, Erosion Control and Water Pollution Control.

(iv)    Section 8-15, Riprap.

(v)    Section 9-03, Aggregates.

(vi)    Section 9-05, Drainage Structures and Culverts.

(vii)    Section 9-13, Riprap, Quarry Spalls, Slope Protection, and Rock for Erosion and Scour Protection and Rock Walls.

(d)    WSDOT Highway Runoff Manual.

(2)    Within the Airport Environs Overlay the provisions of SCC 14.16.210(3)(c)(iii) apply. (Ord. O20220006 § 1 (Att. 3))

14.32.050 Projects within the NPDES permit area—Nonresidential projects outside of the NPDES permit area.

Any development or redevelopment, or other project subject to this chapter, that is wholly or partially inside the NPDES permit area or an urban growth area and non-single-family residential projects outside of the NPDES permit area, must fully comply with the County’s NPDES permit and the stormwater management manual. (Ord. O20220006 § 1 (Att. 3))

14.32.060 Residential projects outside the NPDES permit area.

(1)    Single-family residential and single-family residential accessory projects that are wholly outside the NPDES permit area and an urban growth area that meet these criteria must comply with the stormwater management manual’s minimum requirements as modified in Subsection (2) of this Section.

(a)    Minimum Requirements Nos. 1 through 9 are required for projects that meet any of the following criteria:

(i)    Result in 10,000 square feet of new plus replaced hard surface area.

(ii)    Result in 50 percent or greater hard surface coverage of the lot.

(iii)    Convert one and one-half acres or more of vegetation to lawn or landscaped area.

(iv)    Convert five acres or more of natural vegetation to pasture.

(v)    Include grading or filling that moves more than 500 cubic yards of material.

(b)    Minimum Requirements Nos. 1 through 5 are required for projects that meet any of the following criteria:

(i)    Result in 4,000 square feet or more of new plus replaced hard surface.

(ii)    Result in land disturbance of 14,000 square feet or more.

(c)    Minimum Requirement No. 2, Construction Stormwater Pollution and Protection Plan, is required for all projects.

(2)    Modified Minimum Requirements for Residential Projects Wholly Outside of the NPDES Permit Area.

(a)    Minimum Requirement No. 1, Stormwater Site Plan.

(i)    The infiltration test for the stormwater site plan may be performed consistent with the simplified procedure provided by the Department.

(ii)    If the project does not include or require an engineered stormwater facility, the stormwater site plan is not required to be prepared by a registered land surveyor or an engineer.

(b)    Minimum Requirement No. 2, Construction Stormwater Pollution and Protection Plan. The applicant may use the model construction SWPPP provided by the Department if:

(i)    The project is a residence or residential accessory use; and

(ii)    The project does not require coverage under Ecology’s Construction Stormwater General Permit.

(c)    Minimum Requirement No. 3, Source Control. Reserved.

(d)    Minimum Requirement No. 4, Preservation of Natural Drainage. Reserved.

(e)    Minimum Requirement No. 5, On Site Stormwater Management.

(i)    If the application is subject only to Minimum Requirement Nos. 1 through 5, the applicant may use any feasible BMP from the appropriate stormwater management manual list, and does not need to select BMPs in the prescribed order.

(ii)    If the application is subject to Minimum Requirement Nos. 1 through 9, the applicant may use the LID performance standard or the appropriate stormwater management manual list.

(iii)    Geotechnical Analysis. A geotechnical analysis must be required when:

(A)    Grading or the construction of retention facilities, detention facilities, or other stormwater and drainage facilities is proposed within 200 feet of slopes steeper than 15 percent; or

(B)    The Administrative Official deems that the proposed construction poses a potential hazard due to its proximity to a geologically hazardous area or Category I aquifer recharge area.

(iv)    Soils Analysis. A soils analysis is required when the Administrative Official deems that existing soils maps of the project site are not of sufficient resolution to allow proper engineering analysis.

(f)    Minimum Requirement No. 6, Runoff Treatment. Reserved.

(g)    Minimum Requirement No. 7, Flow Control. Reserved.

(h)    Minimum Requirement No. 8, Wetlands Protection. Reserved.

(i)    Minimum Requirement No. 9, Operations and Maintenance. The applicant may use the BMP maintenance tables in Appendix V-A of the stormwater management manual. (Ord. O20230007 § 1 (Att. 1); Ord. O20220006 § 1 (Att. 3))

14.32.070 Experimental best management practices (BMPs).

(1)    Inside the NPDES permit area, a development may use emerging stormwater treatment technologies that are approved by Ecology’s technology assessment protocol.

(2)    Wholly outside the NPDES permit area, experimental BMPs may be used to solve problems in a manner not addressed by the stormwater management manual. The Administrative Official may:

(a)    Approve experimental BMPs where there is substantial evidence that the experimental BMP will be as effective as a traditional BMP at controlling stormwater quality and quantity;

(b)    Require that the performance of experimental BMPs be monitored to document their effectiveness for future use; or

(c)    Require additional BMPs if the experimental BMPs fail to adequately control and treat stormwater. (Ord. O20220006 § 1 (Att. 3))

14.32.080 Land uses and pollutant generating sources.

Development that proposes pollution generating land uses may be required to include structural source control BMPs that are protective of water quality in accordance with AKART. (Ord. O20220006 § 1 (Att. 3))

14.32.090 Adjustments and exceptions.

(1)    Adjustments. The Administrative Official may grant an adjustment to the application of the stormwater management manual and its minimum requirements prior to permit approval and construction provided that written findings of fact are prepared that address the following:

(a)    The adjustment provides substantially equivalent environmental protection.

(b)    Based on sound engineering practices, the objectives of safety, function, environmental protection, and facility maintenance are met.

(2)    Exceptions.

(a)    The Administrative Official may grant an exception from this Chapter or the application of the stormwater management manual and its minimum requirements prior to permit approval and construction following legal public notice of an application for an exception or variance, legal public notice of the Administrative Official’s decision on the application, and written findings of fact that document the Administrative Official’s determination to grant an exception.

(b)    The Administrative Official may grant an exception to the minimum requirements if such application imposes a severe and unexpected economic hardship.

(i)    To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the Administrative Official must consider and document, with written findings of fact, the following:

(A)    The current (preproject) use of the site;

(B)    How the application of the minimum requirement(s) restricts the proposed use of the site compared to restrictions that existed prior to the adoption of the minimum requirements;

(C)    The possible remaining uses of the site if the exception were not granted;

(D)    The uses of the site that would have been allowed prior to the adoption of the minimum requirements;

(E)    A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and

(F)    The feasibility for the owner to alter the project to apply the minimum requirements.

(ii)    The Administrative Official may not approve any exception unless the exception meets the following criteria:

(A)    The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and

(B)    The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.

(c)    Records. The Administrative Official must retain records, including the written findings of fact, of all exceptions from the minimum requirements.

(3)    A request for an adjustment or exception must adequately describe the justification for relief and is processed as a Level I decision under SCC 14.06.110. (Ord. O20220006 § 1 (Att. 3))

14.32.100 Critical drainage areas.

To mitigate or eliminate potential stormwater-related impacts on critical drainage areas, the Administrative Official may require additional stormwater improvements in the following areas:

(1)    All areas designated as critical areas under SCC Chapter 14.24;

(2)    All lands within 200 feet of the ordinary high-water mark of water bodies possessing fish spawning and rearing habitat for anadromous and resident fish species, as designated by the State Department of Fish and Wildlife;

(3)    Any lands that drain to a natural feature that is a closed depression, i.e., a low-lying area that has no surface outlet, or such a limited surface outlet that in most storm events, the area acts as a retention basin, holding water for infiltration, evaporation, or transpiration;

(4)    Any lands that are established by law as fish or shellfish protection areas; and

(5)    Any lands determined by the Administrative Official to have a high potential for drainage and water quality problems and/or are sensitive to the effects of construction or development. (Ord. O20220006 § 1 (Att. 3))

14.32.110 Basin planning.

The County may use basin/watershed planning, as allowed under the County’s NPDES permit, Appendix 1, Section 7. For a basin plan to serve as a means of modifying the minimum requirements of this Chapter, the plan must:

(1)    Be formally adopted by all jurisdictions with responsibilities under the plan;

(2)    All ordinances and regulations called for by the plan must be in effect; and

(3)    The basin plan must be reviewed and approved by the Department of Ecology. (Ord. O20220006 § 1 (Att. 3))

14.32.120 General stormwater management standards.

(1)    All development must meet the following performance standards so that adjacent properties are not unreasonably burdened with surface waters resulting from such development.

(a)    Runoff may not discharge directly onto the surface of a public or private road.

(b)    Runoff may not discharge into a private road’s ditch system except when the lot is within a recorded subdivision with an approved stormwater facility and the runoff is directed into that facility and will not exceed the capacity of the facility.

(c)    Runoff may not discharge into a County right-of-way, except (i) with the authorization of the Public Works Director or (ii) when the lot is within a recorded subdivision with an approved stormwater facility, the runoff is directed into that facility, and will not exceed the capacity of the facility.

(d)    Runoff may not discharge into a drainage district’s system without prior written authorization from the applicable drainage district.

(e)    Runoff may not discharge directly into a manure lagoon or vault unless the lagoon or vault has been converted to only support stormwater.

(f)    Runoff and infiltration must be directed away from septic drain fields.

(g)    Runoff from impervious surfaces, roof drains, and yard drains must be directed so as not to adversely affect adjacent properties, public properties and facilities, well protection zones, unstable slopes, basement crawl spaces, and footing drains.

(h)    Runoff from development may not cause a significant adverse impact to down-gradient properties.

(2)    All stormwater facilities must be constructed consistent with the currently adopted International Building Code and International Residential Code.

(3)    All stormwater facilities that include pipes and drains must meet the following minimum installation requirements:

(a)    Footing and roof drains may not utilize the same pipe.

(b)    A one-percent minimum ground slope away from the structure is required for installation of downspouts.

(c)    Pipe covers and pipe bedding must be installed according to manufacturer’s specifications.

(d)    Facilities must be inspected and approved by the County prior to use.

(e)    Facilities must be cleaned of sediment prior to use. (Ord. O20220006 § 1 (Att. 3))

14.32.130 Erosion and sediment control.

(1)    All development must control erosion and sedimentation during construction. In addition to the requirements of the stormwater management manual, development must do the following:

(a)    Stabilization of Exposed Soils. At all times of the year, sufficient materials, equipment, and labor must be readily available to stabilize and prevent erosion. All exposed, disturbed soils must be stabilized prior to any forecasted rain event.

(b)    Delineation of Clearing and Easement Limits. Clearing limits, setbacks, buffers, and sensitive or critical areas such as steep slopes, wetlands, wellhead protection areas and riparian corridors shall be clearly marked in the field and inspected by County staff (or where appropriate, by the applicant’s critical areas consultant) prior to commencement of land clearing activities.

(c)    Construction Access Routes. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road by use of appropriate BMPs such as a stabilized construction entrance. If sediment is transported onto a road surface, at a minimum, the roads must be thoroughly cleaned at the end of each day. Sediment must be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing is allowed only after sediment is removed in this manner and no drainage systems and/or wildlife habitat will be harmed by the flushing activity.

(d)    Dewatering Construction Sites. Dewatering devices must discharge into an appropriate sediment trap or pond designed to accept such a discharge, preceded by adequate energy dissipation, prior to runoff leaving the site.

(e)    Control of Pollutants Other Than Sediment. All pollutants other than sediment that occur on site during construction must be handled and legally disposed of in a manner that does not cause contamination of surface waters and as otherwise required by SCC Chapter 16.32. Pollutants of concern include, but are not limited to, fuels, lubricants, solvents, concrete byproducts, and construction materials. (Ord. O20220006 § 1 (Att. 3))

14.32.140 Low-impact development (LID) techniques and facilities.

(1)    To minimize the stormwater impacts of development, the low-impact development (LID) techniques and facilities identified in the stormwater management manual, the Low Impact Development Technical Guidance Manual for Puget Sound (Puget Sound Partnership and WSU Extension, 2012), and this chapter are allowed, and encouraged, anywhere in unincorporated Skagit County.

(a)    Permeable pavement is encouraged in place of regular pavement to meet applicable LID requirements where feasible. Permeable pavement is the preferred approach to development. The Administrative Official must review and approve the utilization of alternative surfacing methods for compliance with other applicable regulations and development standards.

(b)    Bioretention swales with compost-amended soils may be used, with the approval of the Administrative Official.

(c)    Upon request of the Administrative Official, the applicant must provide copies of delivery tags and purchase statements for any installed LID facilities.

(d)    In the event of a conflict between this Section and other development regulations, the provisions of this Section apply.

(2)    When LID Is Required.

(a)    LID techniques and facilities are required within the NPDES permit area where the County’s NPDES permit thresholds are exceeded and where feasible and outside the permit area where thresholds trigger implementation of the stormwater manual.

(i)    LID techniques are to be the preferred and most commonly used approach to site planning and development.

(ii)    Applicants must design LID BMPs to minimize impervious surfaces, native vegetation loss, and stormwater runoff in all types of development situations, where feasible.

(iii)    The applicant must use the BMPs identified in the stormwater management manual where feasible for the site conditions.

(iv)    The Administrative Official has authority to determine whether specific BMPs are feasible under the criteria provided in the stormwater management manual.

(b)    Projects subject to Minimum Requirement Nos. 1 through 9 must comply with the following:

(i)    After the project is complete, there may not be a net increase in impervious surface above the limit on the permit, plat, or site plan without approval from the Administrative Official.

(ii)    For subdivisions, the maximum impervious surfaces allowed for each lot must be added to the face of the plat.

(iii)    For all other development, the maximum impervious surface allowed for the development must be added to the face of the final, approved site plan.

(c)    Applicants must locate and design all buildings, streets and pathways, parking areas, and utility easements to promote public safety, ensure compatibility of uses, minimize effective impervious surface, preserve native vegetation, and complement predevelopment site characteristics such as topography, soils, hydrology, and other natural features.

(3)    General Design Techniques for Achieving LID Goals.

(a)    Limit clearing and grading to the minimum necessary for construction of permitted uses and associated utilities.

(b)    Limit lawn areas, driveways, and roads and locate them in a manner that results in the least disruption to the topography and native vegetation on the site.

(c)    Cluster lots, dwelling units, or building structures during the conceptual planning stage to preserve open space, reduce total impervious surface area, and minimize development impacts on critical areas and associated buffers.

(4)    Maintenance. A maintenance plan consistent with SCC 14.32.170 is required. A landscape plan is required when plants are an essential part of the LID BMP.

(5)    Native Vegetation.

(a)    To use existing vegetation as native vegetation for stormwater dispersion, the vegetation must be characterized by a minimum of one mature evergreen or deciduous tree per 400 square feet of area. Areas not meeting this standard must be planted consistent with BMP T5.30 from the stormwater management manual.

(b)    The duff layer and native topsoil on a project site should be retained in an undisturbed state to the maximum extent practicable to preserve the natural stormwater holding capacity.

(c)    Where native vegetation is used to achieve Minimum Requirement No. 6 or 7, only the following are allowed:

(i)    Permeable pedestrian trails;

(ii)    Surface water restoration projects;

(iii)    Passive recreation;

(iv)    Removal of invasive species;

(v)    Planting of native vegetation from the Skagit County master tree/plant list of native species; and

(vi)    Amendment of disturbed soils consistent with all applicable regulations.

(d)    Where native vegetation is used to achieve Minimum Requirement No. 6 or 7, the applicant must establish one or more of the following permanent protective mechanisms to ensure that native vegetation is retained:

(i)    A protective easement dedicated to the County;

(ii)    A separate nonbuilding tract owned in common by all lots within the subdivision;

(iii)    Restrictions on the future use of the area recorded on the face of the final plat; and

(iv)    An alternative permanent protective mechanism approved by the Administrative Official. (Ord. O20220006 § 1 (Att. 3))

14.32.150 Stormwater conveyance.

(1)    Generally.

(a)    All proposed developments must provide on-site stormwater conveyance with sufficient capacity to convey without flooding or otherwise damaging existing or proposed structures, consistent with the stormwater management manual.

(b)    Stormwater conveyance infrastructure must be sized per the approved Ecology method such as Western Washington hydrology model.

(2)    Easements, Tracts, and Covenants.

(a)    Drainage easements must be provided in a proposed development for all stormwater and drainage conveyance systems that are not located in public rights-of-way or tracts and must be granted to the parties responsible for providing ongoing maintenance of the systems. Drainage structures through non-drainage easements are prohibited.

(b)    Drainage easements must be clearly shown on the face of all final plats and must be contained in any covenants required for a development.

(c)    Drainage easement width shall be per the chart below unless otherwise approved by the Administrative Official.

For Pipes:
Inside Diameter (ID)

Easement Width

ID ≤ 36"

Depth to invert < 8':10'
Depth to invert > 8':15'

36" < ID ≤ 60"

Depth to invert < 8':10'
Depth to invert > 8':15'

ID > 60"

ID plus 10'

For Channels and Swales:
Top Width of Channel (W)

Easement Width

W ≤ 10'

W plus 10' on one side
W if no access required

10' < W ≤ 30'

W plus 15' on one side

W > 30'

W plus 15' on both sides

(3)    Wetlands. Stormwater discharges to wetlands are allowed only when consistent with the stormwater management manual, including Minimum Requirement No. 8 and Appendix I-C of the stormwater management manual.

(4)    Regional Facilities.

(a)    A regional facility is a stormwater BMP that may provide runoff treatment and flow control to more than one property. Regional stormwater facilities may be used as an alternative method of meeting Minimum Requirement Nos. 5, 6, 7 and 8.

(b)    Regional facilities are designed, reviewed, and approved based on impervious surfaces anticipated with full development within the basin that drains to the facility.

(i)    Once approved, a regional facility may be used for future development provided the regional facility is operational prior to development and has capacity for any future development that proposes to rely on it for compliance.

(ii)    The owner/operator of a regional stormwater facility must track impervious surfaces within the basin to determine how much actual capacity remains for use by future projects. This data must be provided to Skagit County upon request.

(iii)    A regional stormwater facility’s flow control/treatment capacity may not be exceeded.

(iv)    A development agreement pursuant to SCC Chapter 14.14 may include appropriate provisions to ensure re-review and, if warranted, additional runoff treatment and/or flow control to ensure compliance with stormwater requirements and standards that may apply to future development. Provisions of any development agreements must allow for and ensure compliance with the permit.

(c)    An existing regional facility proposed to be used to meet stormwater requirements for a development application will be reviewed for compliance with the stormwater requirements and standards applicable to the development application as set forth in the permit and the Skagit County Code.

(i)    Regional facilities, except those serving single-family residences, are subject to review 20 years after the permit issued for construction of the facility. Regional facilities constructed prior to June 30, 2022, are not subject to review prior to June 30, 2032.

(ii)    Such review is limited to the impact on the regional facility by the proposed use set forth in the development application, including an analysis of whether the regional facility has remaining capacity to receive stormwater discharges from the proposed project.

(iii)    If a regional facility does not have the capacity to meet current stormwater requirements for a development application the deficiencies may be addressed by retrofitting the existing facility or constructing new facilities, or both. (Ord. O20220006 § 1 (Att. 3))

14.32.160 Final inspections and approval.

(1)    Long Term Maintenance Required.

(a)    For projects that must meet only Minimum Requirement Nos. 1 through 5, stormwater BMPs must be maintained in accordance with original approval and County standards.

(b)    For projects that must meet Minimum Requirement Nos. 1 through 9, prior to the use of a stormwater treatment and/or flow control BMP/facility required by this Chapter, the owner must:

(i)    Ensure a complete initial evaluation of the stormwater facility system components and property by a qualified professional to determine functionality, maintenance needs, and compliance with this Chapter and any permits. The property owner must submit the signed and stamped engineer’s evaluation to the Administrative Official for approval;

(ii)    Provide to Skagit County a complete and accurate set of reproducible as-built record drawings;

(iii)    For an engineered stormwater facility, have the as-built record drawings stamped and certified as accurate by a qualified professional;

(iv)    Obtain approval from the Administrative Official for a maintenance plan; and

(v)    Record the approved maintenance plan with the County Auditor against the title of all properties using the stormwater facility.

(c)    The maintenance plan must:

(i)    Address how all of the elements of the stormwater facility will be maintained;

(ii)    Include the schedule for ongoing maintenance;

(iii)    Identify the responsible party for ongoing maintenance; and

(iv)    Be consistent with the stormwater management manual.

(d)    The maintenance plan remains in force for the life of the development or until the County approves a new or amended maintenance plan for the development’s stormwater facilities.

(e)    For LID facilities, the facility must be protected from all of the following:

(i)    Cover by structures or impervious material;

(ii)    Soil compaction, for example by vehicular traffic or livestock;

(iii)    Damage by soil removal and grade alteration; and

(iv)    Conversion to another use.

(2)    Inspections of Stormwater Facilities.

(a)    Where a stormwater treatment and/or flow control BMP/facility is required by this Chapter, the applicant must dedicate an easement to the County for access and inspection consistent with this Chapter and during normal business hours, and when inspectors provide advance notice. The Administrative Official may waive this requirement for small facilities that do not require inspection or can be effectively inspected without an access easement.

(b)    Inside the NPDES permit area, County inspection of stormwater treatment and/or flow control BMP/facility is required at least annually, or less frequently if allowed by the County’s NPDES permit.

(c)    Outside the NPDES permit area, the Administrative Official is authorized to develop an inspection program, including requirements for an inspection and maintenance schedule, to determine if stormwater facilities are in good working order and are properly maintained, and to ensure that stormwater BMPs are in place and that non-point source pollution control is being implemented.

(d)    Whenever there is cause to believe that a violation of this Chapter has been or is being committed, the County may inspect per SCC Chapter 14.44, Enforcement/Penalties.

(e)    Nothing in this section limits the County’s authority to inspect facilities under SCC Chapter 16.32.

(3)    County Acceptance of Stormwater Facilities.

(a)    Skagit County may, at the Administrative Official’s sole discretion, accept stormwater facilities for maintenance.

(b)    Only those facilities that meet the following conditions will be considered for acceptance:

(i)    For residential subdivisions, improvements have been completed on at least 80 percent of the lots, unless waived by the Administrative Official;

(ii)    The facility has been inspected by the County and accepted by the Administrative Official and has been in satisfactory operation for at least two years;

(iii)    If the facility was reconstructed during the maintenance period, it has been accepted by the Administrative Official;

(iv)    The facility as designed and constructed conforms to the provisions of this Chapter and, if necessary, is retrofitted to meet current stormwater design standards;

(v)    All easements and tracts required under this Chapter entitling the County to operate and maintain the facility have been conveyed to Skagit County and have been recorded with the Skagit County Auditor;

(vi)    An operation and maintenance manual including a maintenance schedule has been submitted to and accepted by Skagit County; and

(vii)    The applicant has provided to Skagit County a complete and accurate set of reproducible hard copy and electronic as-built record drawings stamped and certified as accurate by a qualified professional and accompanied by an approved maintenance plan. (Ord. O20220006 § 1 (Att. 3))

14.32.170 Operation and maintenance.

(1)    Owners and operators of stormwater facilities must operate and maintain those facilities to ensure the performance of those facilities achieves the intended purposes.

(2)    Owners of property for which a stormwater BMP has been required by Skagit County must continually maintain that BMP.

(3)    Maintenance must be performed consistent with the stormwater management manual and any other conditions of approval and the approved maintenance plan, unless a more restrictive provision applies. When an inspection identifies an exceedance of the maintenance standard, the owner must perform maintenance:

(a)    Within 12 months for typical maintenance of facilities, except catch basins;

(b)    Within six months for catch basins;

(c)    Within 24 months for maintenance that requires capital construction of less than $25,000. (Ord. O20220006 § 1 (Att. 3))

14.32.180 Severability.

If any provision or clause of this Chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable. (Ord. O20220006 § 1 (Att. 3))