40.460.530 Critical Areas Protection
A. General Provisions.
1. Critical areas as defined in Chapters 40.410 through 40.445 which are located within the shoreline jurisdiction are protected under this section.
2. Any allowed use, development, or activity proposed on a parcel with a critical area located in the shoreline jurisdiction shall be regulated under the provisions of this Program.
3. Any allowed use, development, or activity meeting the definition of a development exempt from the shoreline substantial development permit process outlined in WAC 173-27-040 and Section 40.460.230 shall be consistent with the policies and provisions of this Program for critical areas protection.
4. Provisions of the critical areas regulations that are not consistent with the Act and supporting WAC chapters shall not apply in shoreline jurisdiction.
5. Habitat that cannot be replaced or restored within twenty (20) years shall be preserved.
6. Where construction of a single-family residence is proposed, this activity is considered exempt from obtaining a shoreline substantial development permit when the construction is located landward of the ordinary high water mark and does not include placement of fill in wetlands. Construction of single-family residences requiring fill in wetlands must obtain a shoreline substantial development permit in addition to other shoreline approvals as applicable.
7. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with this Program and this title.
8. Unless otherwise stated, critical area buffers within the shoreline jurisdiction shall be protected and/or enhanced in accordance with this Program and this title.
9. Shoreline uses and developments and their associated structures and equipment shall be located, designed and operated using best management practices to protect critical areas.
10. The applicant shall demonstrate all reasonable efforts have been taken to avoid and, where unavoidable, minimize and mitigate impacts such that no net loss of critical area and shoreline ecological function is achieved. Mitigation shall occur in the following order of priority:
a. Avoiding the impact altogether by not taking a certain action or parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
d. Reducing or eliminating the impact over time by preservation and maintenance operations;
e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
f. Monitoring the impact and the compensation projects and taking appropriate corrective measures.
11. In addition to compensatory mitigation, unavoidable adverse impacts may be addressed through restoration efforts.
(Amended: Ord. 2018-11-06; Ord. 2020-12-01; Ord. 2023-03-04)
B. Applicable Critical Areas.
For purposes of this Program, the following critical areas will be protected under this Program. An amendment to critical areas regulations applicable under this Program, except for an amendment to Chapter 40.420, Flood Hazard Areas, will apply in shoreline jurisdiction only if it is adopted as an SMP amendment or update.
1. Critical aquifer recharge areas, defined in Chapter 40.410 as most recently amended by Ordinance 2020-03-01, dated March 10, 2020. Only those provisions of Chapter 40.410 described in subsection (C) of this section, as modified or amended in that subsection, are incorporated by reference into this Program;
2. Ordinances regulating flood hazard areas, defined in Chapter 40.420, apply within the shoreline management area consistent with subsection (D) of this section. The specific flood hazard regulations are not incorporated into this Program and an amendment to the flood hazard areas ordinance does not require an SMP amendment or update to apply in shoreline areas;
3. Geologic hazard areas, defined in Chapter 40.430 as most recently amended by Ordinance 2019-05-07, dated May 21, 2019. Only those provisions of Chapter 40.430 described in subsection (E) of this section, as modified or amended in that subsection, are incorporated by reference into this Program;
4. Wetlands and fish and wildlife habitat conservation areas, defined in Chapter 40.445 as adopted by Ordinance 2023-03-01, dated March 7, 2023. Only those provisions of Chapter 40.445 described in subsection (F) of this section, as modified or amended in that subsection, are incorporated by reference into this Program.
(Amended: Ord. 2015-12-12; Ord. 2018-11-06; Ord. 2020-12-01; Ord. 2023-03-04)
C. Critical Aquifer Recharge Areas.
1. General Provisions. This chapter applies to all critical aquifer recharge areas as defined in Section 40.410.010(C) within shoreline jurisdiction. Chapter 40.410, Critical Aquifer Recharge Areas, is hereby adopted in whole as part of this Program pursuant to Section 40.460.530(B)(1).
(Amended: Ord. 2015-12-12; Ord. 2018-11-06; Ord. 2020-12-01; Ord. 2023-03-04)
D. Flood Hazard Areas.
1. General Provisions.
a. This chapter applies to all development in special flood hazard areas as defined in Section 40.420.010(C) within shoreline jurisdiction, including channel migration zones. Development in such areas may also be subject to the provisions of Chapter 40.420, Flood Hazard Areas.
b. Map 27, Potential Channel Migration Zone (CMZ) Areas (June 2010 Inventory and Characterization Report Volume 1, Lewis and Salmon-Washougal Watersheds and Rural Areas), is incorporated herein by reference to depict the potential boundaries of the channel migration zone within Clark County.
c. A statement of exemption pursuant to Section 40.460.230(C) or an application for a shoreline permit (substantial development, variance, or conditional use) pursuant to Sections 40.460.220, 40.460.260 or 40.460.270 is required, and a flood hazard review will be part of the approvals required consistent with Chapter 40.420.
d. Warning and disclaimer of liability: Refer to Section 40.420.010(E).
2. Regulated Activities. Within special flood hazard areas, development may be allowed for those uses allowed in this Program pursuant to Section 40.460.530(D)(1)(c).
3. Standards.
a. Construction in special flood hazard areas is subject to the standards specified in Section 40.420.020.
b. Structural flood hazard reduction measures are allowed only when necessary to protect existing development.
c. When necessary, in-stream structures shall be located, designed, and maintained in such a manner that minimizes flood potential and the damage affected by flooding.
d. Fills are prohibited in floodplains except where the applicant clearly demonstrates that the geohydraulic characteristics will not be altered in a way that increases flood velocity or risk of damage to life or property, and flood storage capacity will not be reduced (see Section 40.460.560(B)).
e. Fill shall be avoided in critical areas or buffers where possible. Pile or pier supports or other support methods shall be utilized instead of fills whenever feasible, particularly for permitted development in floodways or wetlands.
f. Dikes and levees shall not be placed in the floodway except for current deflectors necessary for protection of bridges and roads.
g. Removal of beaver dams to control or limit flooding shall be avoided where feasible and allowed only in coordination with WDFW and receipt of all applicable state permits.
(Amended: Ord. 2018-11-06; Ord. 2020-12-01; Ord. 2023-03-04)
E. Geologic Hazard Areas.
1. General Provisions.
a. Geologic hazard areas include steep slope hazard areas, landslide hazard areas, seismic hazard areas, and volcanic hazard areas as defined in Section 40.430.010.
b. Approximate locations of geologic hazard areas are identified on adopted maps which are on file with the County Auditor. Where the maps and definitions of geologic hazard areas conflict, the definitions shall prevail.
c. Where development proposals require a geologic hazard area review under Section 40.430.030, the review will be part of the approvals required under this Program.
2. Regulated Activities.
a. All construction, development, earth movement, clearing, or other site disturbance which requires a permit, approval or other authorization from the County in or within one hundred (100) feet of a geologic hazard area shall comply with the requirements of this Program.
b. Class IV G forest practices (conversions) are regulated under this Program.
3. Standards.
a. Required buffers and setbacks for development activities in geologic hazard areas are specified in Section 40.430.020.
b. The Shoreline Administrator may approve buffers and setbacks which differ from those required by Section 40.430.020(D)(1) if the applicant submits a geologic hazard area study described in Section 40.430.030(C), which technically demonstrates and illustrates that the alternative buffer provides protection which is greater than or equal to that provided by the buffer required in Section 40.430.020(D)(1).
c. The Shoreline Administrator may increase buffers or setbacks where necessary to meet requirements of the International Building Code.
(Amended: Ord. 2020-12-01; Ord. 2023-03-04)
F. Wetlands and Fish and Wildlife Habitat Conservation Areas.
1. Section 40.445.020 governs the designation of wetlands, wetland buffers, and fish and wildlife habitat conservation areas, as incorporated by reference into this Program.
2. Section 40.445.030 governs authorized development and uses in wetlands, wetland buffers, and fish and wildlife habitat conservation areas, as incorporated by reference into this Program. Where other standards of this chapter are inconsistent with otherwise applicable critical areas provisions, the regulation more consistent with the Shoreline Management Act shall apply.
3. Section 40.445.070 governs the document and report standards for wetland, wetland buffer, and fish and wildlife habitat conservation area application materials under this Program, as incorporated by reference into this Program, including but not limited to wetland rating forms, mitigation monitoring reports, mitigation plans, financial assurances and conservation covenants. The SMP permit submittal requirements outlined in Section 40.460.720 may be integrated with other critical areas permit submittal materials pursuant to Section 40.445.070(C).
4. The following subsections of Section 40.445.080 apply under this Program:
a. The permit review thresholds defined in Section 40.445.080(A) apply for the assessment of fees under Title 6, submittal requirements for review, and establishing the review procedures; provided, however, that if the Shoreline Administrator determines that wetlands or wetland buffers probably exist on the site, a wetland delineation is required for a Level 1 review, unless:
(1) The application is exempt from a substantial development permit pursuant to Section 40.460.230; and
(2) The Shoreline Administrator determines that the application clearly avoids direct or indirect impacts to wetlands.
b. Section 40.445.080(B)(2)(c) governs the application submittal requirements for review of wetlands, wetland buffers, and fish and wildlife habitat conservation areas under this Program. Activity forms pursuant to Section 40.445.080(B)(1) shall be utilized to the extent that they are applicable to this Program.
c. Section 40.445.080(C) governs wetland, wetland buffer, fish and wildlife habitat conservation area, and ordinary high water mark determinations made in the shoreline management area.
d. The permit approval standards in Section 40.445.080(E) govern any land use decision that is concurrent with any authorization granted under the Shoreline Master Program.
e. Section 40.445.080(H)(2)(b) governs wetland and habitat determinations issued independently of a shoreline exemption or shoreline permit.
f. Section 40.445.080(I) applies to all compensatory mitigation required under Section 40.460.530(F)(2).
5. Where a development proposal requires a wetlands review under Section 40.445.010(B), the review will be part of the approvals required under this Program. Such review is required for any development activity that is within wetlands and wetland buffers subject to this Program, unless specifically authorized by statement of exemption. Requirements for wetland permit applications are provided in Sections 40.445.030(A), (B), (C)(1), and (C)(2).
6. No development or activity in wetlands or wetland buffers subject to this Program shall be allowed unless it is demonstrated that:
a. The proposed development or activity will not result in a net loss of wetland functions to the point of net loss of shoreline ecological function; and
b. The proposed development or activity complies with all state, local and federal laws, including those related to sediment control, pollution control, floodplain restrictions, stormwater management, wetlands protection, and on-site wastewater disposal.
(Amended: Ord. 2012-07-16; Ord. 2015-12-12; Ord. 2020-12-01; Ord. 2023-03-04)