40.445.010    Introduction

A.    Purpose. The purpose of this chapter is to provide balanced wetland and fish and wildlife habitat conservation area protection measures pursuant to the Washington State Growth Management Act (GMA, RCW 36.70A.172) that:

1.    Include best available science as defined in Chapter 365-195 WAC to protect the functions and values of wetlands and fish and wildlife habitat conservation areas with special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries;

2.    Further the goal of no net loss of functions and values of wetland and fish and wildlife habitat conservation areas;

3.    Encourage restoration and enhancement of wetlands and fish and wildlife habitat conservation areas with lower functions and values;

4.    Provide greater protection of wetlands and fish and wildlife habitat conservation areas with higher functions and values;

5.    Are administered with flexibility and attention to site-specific characteristics;

6.    Ensure reasonable use of private property;

7.    Do not prohibit development of needed public infrastructure and utilities; and

8.    Complement state and federal regulations and programs that protect or conserve water quality or fish and wildlife habitat.

(Added: Ord. 2023-03-01)

B.    Applicability.

1.    The provisions of this chapter apply to all lands, all land uses, all development activity, and all structures and facilities in the county, whether or not a permit or permit authorization is required, and apply to every person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, uses, or administers land within the county, except as specified in state or federal statute. No person, company, agency, or applicant shall alter a wetland, wetland buffer, or fish and wildlife habitat conservation area in a manner that is inconsistent with this chapter.

2.    The county will not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement in, over, or on a wetland, wetland buffer, or fish and wildlife habitat conservation area, without imposing reasonable measures, including conditions of approval, to ensure compliance with this chapter. The county shall deny a permit upon finding that the applicant has not met its burden to demonstrate that it can comply with this chapter. Issuance of any permit or authorization by the county does not relieve an applicant or landowner of responsibility to comply with the requirements of this chapter.

3.    Shoreline Master Program. This chapter only applies to the Shoreline Management Area to the extent that the standards and requirements are adopted in the Shoreline Master Program (Chapter 40.460) and implemented through a permit or authorization issued pursuant to the Shoreline Master Program.

(Added: Ord. 2023-03-01)

C.    Interpretation.

1.    In addition to zoning and other regulations adopted by the county, this chapter governs applications for development according to its terms.

2.    When there is a conflict between any provisions of this chapter and any other regulations adopted by Clark County, that providing the most protection to affected critical areas shall apply.

3.    Compliance with this chapter does not constitute compliance with other federal, state and local regulations and permit requirements (for example, without limitation, shoreline permits, hydraulic project approval (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, National Pollutant Discharge Elimination System (NPDES) permits, DOE Section 401 Water Quality Certification, or the Forest Practices Act). The applicant is responsible for complying with all requirements, apart from the provisions of this chapter.

(Added: Ord. 2023-03-01)