40.445.040    Exemptions from Permit Requirements

A.    Landowner Responsibilities.

1.    An exemption from the permit requirements of this chapter is not an exemption from the protection standards in Section 40.445.020. The activities listed in Table 40.445.040-1 shall be conducted using reasonable methods to limit impacts to wetlands, wetland buffers, and fish and wildlife habitat conservation areas to the minimum necessary to complete the work described.

(Added: Ord. 2023-03-01)

B.    Development Activities Authorized Without a Permit.

The following table lists activities that are authorized without a permit or can be permitted after the fact as allowed under Section 40.445.060. Exemption levels set out in Table 40.445.040-1 are as follows:

“A” – Authorized without review.

“S” – Authorized with a statement of exemption pursuant to Section 40.445.080(D).

Table 40.445.040-1 

Activity

Exemption Level

1. Reconstruction or redevelopment within the same footprint of legally established structures and impervious surfaces.

A

2. Remodeling, replacement of, or additions to legally established homes and appurtenances that expand the original footprint by no more than nine hundred (900) square feet within the outer fifty percent (50%) of the riparian habitat area and avoid clearing of native trees or shrubs.

A

3. Land disturbance in wetlands and wetland buffers cumulatively less than five (5) cubic yards in volume and three hundred (300) square feet in area; provided, that the wetland hydroperiod is not significantly affected.

A

4. Construction of a four (4) foot or narrower path using natural, wood-based, or vegetated pervious surfacing.

A

5. Maintenance of existing yards and landscaping that does not reduce functions and values.

A

6. The removal or eradication of noxious weeds pursuant to Title 7 or other exotic nuisance plants including nonnative blackberries; provided, that ground disturbing machinery is not used.

A

7. The harvesting or normal maintenance of vegetation in a manner that is not injurious to the natural reproduction of such vegetation.

A

8. Site investigative work necessary for land use application submittals such as surveys, soil logs, and percolation tests.

A

9. Operation, maintenance, or repair of existing structures, utilities, or public facilities that does not further increase the impact to, or encroach further within wetlands, wetland buffers, or fish and wildlife habitat conservation areas.

A

10. Habitat restoration or enhancement that does not include grading or changes to hydrology.

A

11. Soil, water, vegetation, or wildlife conservation projects that have an environmental permit from a state or federal agency.

A

12. Hazard tree abatement within thirty (30) feet of existing permanent structures.

A

13. Placement of fencing, private wells, septic systems or individual lot sewer, water, electrical, or utility connections in wetland buffers and fish and wildlife habitat conservation areas on a legal lot of record, where practical alternatives do not exist.

S

14. Hazard tree abatement more than thirty (30) feet from existing permanent structures.

S

15. Any nonexempt activity that does not require compensatory mitigation to meet the protection standards in Section 40.445.030.

S

16. Emergency work to abate immediate danger to persons or property.

See Section 40.445.060

17. Emergency repair of utilities or public facilities.

See Section 40.445.060

18. Existing and ongoing agricultural activities conducted in accordance with best management practices (BMPs) contained in the latest edition of the USDA Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG); a farm conservation plan developed in coordination with the Clark Conservation District; or a stewardship plan approved in accordance with this chapter.

A

19. Forest practices authorized pursuant to WAC Title 222 or Section 40.260.080, except forest conversions (moratorium waivers, Class I residential, Class IV general, and conversion option harvest plans).

A

(Added: Ord. 2023-03-01)