Chapter 19.07 ENVIRONMENTAL REGULATIONS

Chapter 19.07
ENVIRONMENTAL REGULATIONS

Sections:

19.07.010 Environmental review (SEPA).

19.07.020 Critical areas regulations.

19.07.030 Shoreline management.

19.07.035 Flood damage prevention.

19.07.040 Penalties and enforcement.

19.07.010 Environmental review (SEPA).

(A) Authority. The city adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA procedures, WAC 197-11-904. This chapter contains the city’s SEPA procedures and policies. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter.

(B) General Requirements.

(1) Purpose of Section and Additions by Reference. The purpose of this section is to establish a clearly understood and effective set of policies and procedures for implementing the State Environmental Policy Act as set forth in Chapter 43.21C RCW. The sections of the SEPA rules hereinafter set forth by number are adopted by reference as if fully set forth. Copies of the statute and the rules (Chapter 197-11 WAC) shall be kept available for public inspection at City Hall. This section contains the basic requirements that apply to the SEPA process. The city adopts Chapter 197-11 WAC by reference.

(C) SEPA Policies. The city designates the following general policies as the basis for the city’s exercise of authority pursuant to this chapter:

(1) The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources.

(2) The city recognizes that each person has a fundamental and inalienable right to a healthful environment, and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

(3) The city incorporates by reference all policies in the cited city codes, ordinances, resolutions and plans, and all amendments to them in effect prior to the date of a technically complete application of any building permit or preliminary plat, or prior to issuance of a declaration of nonsignificance (DNS) or draft environmental impact statement (DEIS) for any other action. These documents include, but are not limited to, the following: Granite Falls comprehensive plan and incorporated elements, development code, critical area regulations, shoreline master program, International Building Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, Uniform Code for the Abatement of Dangerous Buildings, flood damage prevention regulations, six-year transportation improvement program, stormwater comprehensive plan, water and sewer utility plans and regulations, park and recreation plan, public works standards, Washington State Ventilation and Indoor Air Quality Code, Washington State Energy Code, International Existing Building Code, International Green Construction Code, International Residential Code, International Property Maintenance Code, International Swimming Pool and Spa Code, and International Housing Code.

(4) Through the project review process:

(a) If the applicable regulations require studies that adequately analyze all of the project’s specific probable adverse environmental impacts, additional studies under this chapter will not be necessary on those impacts;

(b) If the applicable regulations require measures that adequately address such environmental impacts, additional measures would likewise not be required under this chapter; and

(c) If the applicable regulations do not adequately analyze or address a proposal’s specific probable adverse environmental impacts, this chapter provides the authority and procedures for additional review.

(D) Additional Definitions. In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

(1) “Closed record approval hearing” means an administrative hearing to approve or deny a project permit that is on the record to the city council following an open record predecision hearing (as defined by WAC 197-11-775 and this section) before the hearing examiner.

(2) “Open record hearing” means an open record hearing (as defined by WAC 197-11-775) which is held before the hearing examiner prior to the closed record approval hearing before the city council.

(3) “Ordinance” means the ordinance, resolution or other procedure used by the city to adopt regulatory requirements.

(4) “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

(E) Designation of Designated Official.

(1) For those proposals for which the city is the lead agency, the designated official shall be the SEPA responsible official as defined by WAC 197-11-788.

(2) For all proposals for which the city is the lead agency, the designated official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or designated official by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

(3) The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW.

(F) Lead Agency Determination and Responsibilities.

(1) The city shall be the lead agency for any nonexempt action, WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the city is aware that another agency is in the process of determining the lead agency.

(2) When the city is the lead agency for a proposal, the administrator shall determine the designated official designee who shall supervise compliance with the threshold determination requirements, and, if an environmental impact statement (EIS) is necessary, shall supervise preparation of the EIS.

(3) When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the determination of nonsignificance (DNS) or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.

(4) If the city receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period.

(5) When the city is lead agency for a Model Toxic Control Act (MTCA) remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the city shall decide jointly with the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency.

(G) Additional Timing Considerations.

(1) For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city’s staff recommendation to the appropriate advisory body, if any.

(2) If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. Sufficient information shall be required from the applicant to enable the designated official to adequately fulfill his responsibility under SEPA and this chapter consistent with the provisions of WAC 197-11-100 and 197-11-335, which sections are adopted by reference in this chapter.

(H) Categorical Exemptions and Threshold Determinations.

(1) Purpose. This section contains the rules for deciding whether a proposal has a probable significant, adverse environmental impact requiring an environmental impact statement (EIS) to be prepared. This section also contains rules for evaluating the impacts of proposals not requiring an EIS.

(2) Categorical Exceptions – Adoption by Reference. The city adopts the rules of WAC 197-11-800, as now existing and hereafter amended, by reference as supplemented by this chapter.

(3) Flexible Thresholds for Categorical Exemptions. The city establishes the following exempt levels for minor new construction under WAC 197-11-800(1) based on local conditions:

(a) The construction or location of any single-family residential structures of 30 dwelling units or fewer.

(b) The construction or location of any multifamily residential structures of less than or equal to 60 dwelling units.

(c) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 40,000 square feet or less, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots.

(d) The construction of an office, school, commercial, recreational, service or storage building with 30,000 square feet or less of gross floor area, and with associated parking facilities and/or independent parking facility designed for 90 parking spaces or fewer.

(e) Any landfill or excavation of 1,000 or fewer cubic yards, not associated with exempt projects in subsections (H)(3)(a), (H)(3)(b), (H)(3)(c), and (H)(3)(d) of this section; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder.

(f) The exemptions in this subsection apply except when the project:

(i) Is undertaken wholly or partly on lands covered by water;

(ii) Requires a license governing discharges to water that is not exempt under RCW 43.21C.0383;

(iii) Requires a license governing emissions to air that is not exempt under RCW 43.21C.0381 or WAC 197-11-800(7) or (8); or

(iv) Requires a land use decision that is not exempt under WAC 197-11-800(6).

(4) New Exemption Levels. Whenever the city establishes new exempt levels under this section, it shall send them to the Department of Ecology, headquarters office, Olympia, WA 98504, under WAC 197-11-800(1)(c).

(5) Threshold Determination Process – Adoption by Reference. The city adopts by reference the threshold determination process as stipulated under WAC 197-11-330, as now existing and hereafter amended.

(I) Emergencies. Actions which must be undertaken immediately, or within a time frame too short to allow full compliance with this chapter, to avoid an immediate threat to public health and safety, to prevent an immediate danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt from the procedural requirements of this chapter. The designated official shall determine on a case-by-case basis emergency actions which satisfy the general requirements of this section.

(J) Use of Exemptions.

(1) In determining whether or not a proposal is exempt, the designated official shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the city shall determine the lead agency even if the license application that triggers the city’s consideration is exempt.

(2) If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

(a) The city shall not give authorization for:

(i) Any nonexempt action;

(ii) Any action that would have an adverse environmental impact; or

(iii) Any action that would limit the choice of alternatives;

(b) The city may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

(c) The city may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved.

(K) Environmental Checklist.

(1) A completed environmental checklist (or a copy) in the form provided on the city’s web site or at City Hall shall be filed at the same time as an application for a permit, license certificate, or other approval not specifically exempted in this chapter; except for:

(a) Public proposals where the city of lead agency has decided to prepare an EIS; or

(b) Proposals on which the city and applicant agree an EIS will be prepared; or

(d) Projects where questions on the environmental checklist are adequately covered by existing legal authorities pursuant to subsection (K)(5) of this section; or

(e) Nonproject proposals where the city determines that questions on Part B of the environmental checklist do not contribute meaningfully to the analysis of the proposal. In such cases, Parts A, C, and D of the environmental checklist at a minimum shall be completed.

(2) For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(3) The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, at the applicant’s costs under the current fee schedule, if either of the following occurs:

(a) The city has technical information on a question or questions that is unavailable to the private applicant; or

(b) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.

(4) For projects submitted as planned actions under WAC 197-11-164, the city shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as part of a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a 30-day review prior to use.

(5) Pursuant to WAC 192-11-315(6), the city may identify questions on the environmental checklist adequately covered by adopted ordinance, development regulation, land use plan, or other legal authority. The city still must consider whether the action has an impact on the particular element or elements of the environment in question.

(a) In instances where the adopted ordinance, development regulation, land use plan, or other legal authority provide the necessary information to answer a specific question, the city shall explain how the proposed project satisfies the underlying legal authority.

(b) If the city identifies instances where questions on the environmental checklist are adequately covered by adopted ordinance, development regulation, land use plan, or other legal authority, an applicant may still provide answers to any question on the environmental checklist.

(6) The city may determine the appropriate methods for receipt of electronic submittals of the environmental checklist from applicants including electronic signature of Part C of the environmental checklist.

(7) The city may include helpful information (including web links) in the environmental checklist to assist applicants in completing the questions.

(L) Mitigated DNS.

(1) As provided in this section and in WAC 197-11-350, the designated official may issue a DNS based on conditions attached to the proposal by the designated official or on changes to, or clarifications of, the proposal made by the applicant.

(2) An applicant may request in writing early notice of whether a declaration of significance (DS) is likely under WAC 197-11-350. The request must:

(a) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

(b) Precede the city’s actual threshold determination for the proposal.

(3) The designated official should respond to the request for early notice within 15 calendar days. The response shall:

(a) Be written;

(b) State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and

(c) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

(4) As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(5) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:

(a) If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a DNS under WAC 197-11-340(2);

(b) If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate;

(c) The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate;

(d) Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

(6) Any mitigated DNS issued under WAC 197-11-340(2) shall require a 14-day comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.

(7) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

(8) The city’s written response under subsection (L)(3) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination.

(M) Environmental Impact Statement (EIS).

(1) Purpose of Section and Adoption by Reference. This section contains the rules for preparing environmental impact statements.

(2) Preparation of EIS.

(a) Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the designated official. Before the city issues an EIS, the designated official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

(b) The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant, or by a consultant selected by the city or the applicant, at the discretion of the designated official. If the designated official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the designated official shall notify the applicant immediately after completion of the threshold determination. The designated official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

(c) The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute.)

(3) Additional Elements. The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

(a) Economy;

(b) Cost benefit analysis;

(4) Commenting.

(a) Purpose. This section contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings.

(b) Adoption by Reference (WAC 173-806-128). The city adopts the following sections by reference:

WAC

197-11-502 Inviting comment.

197-11-504 Availability and cost of environmental documents.

197-11-508 SEPA register.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

(N) Public Notice.

(1) Whenever possible, the city shall integrate the public notice required under this section with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for the proposal.

(2) Whenever the city issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360, the city shall give public notice as follows:

(a) If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).

(b) If no public notice is otherwise required for the permit or approval, the city shall give notice of the DNS or DS by:

(i) Posting the property, and posting in the City Hall; and

(ii) Publishing notice in the city’s newspaper of record.

(3) Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

(4) If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).

(5) Whenever the city issues a DEIS under WAC 197-11-455 or an SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

(a) Indicating the availability of the DEIS in any public notice required for a nonexempt license; and

(b) Posting the property, for site-specific proposals; or posting in City Hall, for non-site-specific proposals; and

(6) Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3).

(7) The city may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense.

(O) Official to Perform Consulted Agency Responsibilities.

(1) The designated official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

(2) The designated official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city.

(P) Using Existing Environmental Documents.

(1) Purpose. This section contains rules for using and supplementing existing environmental documents prepared under SEPA or the National Environmental Policy Act (NEPA) for the city’s own environmental compliance.

(Q) SEPA and Agency Decisions.

(1) Purpose. This section contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section also contains procedures for appealing SEPA determinations to agencies or the courts.

(2) Substantive Authority.

(a) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city of Granite Falls.

(b) The city may attach conditions to a permit or approval for a proposal so long as:

(i) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

(ii) Such conditions are in writing; and

(iii) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

(iv) The city has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

(v) Such conditions are based on one or more policies in subsection (Q)(2)(d) of this section and cited in the license or other decision document.

(i) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to this chapter; and

(ii) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

(iii) The denial is based on one or more policies identified in subsection (Q)(2)(d) of this section and identified in writing in the decision document.

(d) The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iv) Preserve important historic, cultural, and natural aspects of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi) Achieve balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

(vii) Enhance the quality of a renewable resource and approach the maximum attainable recycling of depletable resources.

(e) The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

(f) The city designates and adopts by reference all policies in the cited city codes, ordinances, resolutions and plans, and all amendments to them in effect prior to the date of a technically complete application of any building permit or preliminary plat, or prior to issuance of a DNS or DEIS for any other action.

(3) Notice – Statute of Limitations.

(a) The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

(b) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published pursuant to RCW 43.21C.080.

(4) SEPA Appeals.

(a) Purpose. It is the purpose of this chapter to combine environmental considerations with public decisions and, for this reason, any appeal brought under this chapter shall be linked to a specific governmental action. Appeals under this chapter are not intended to create a cause of action unrelated to a specific governmental action.

(b) Procedures. Any decision by a nonelected official conditioning or denying a proposal under authority of SEPA may be appealed to the city’s hearing examiner. The administrative appeal procedures provided by this section shall be construed consistently with Chapter 36.70B RCW, RCW 43.21.075, and WAC 197-11-680.

(c) Limited Actions. Appeals under the provisions of this section shall be limited solely to those actions and/or determinations listed below. No administrative appeals shall be allowed for other actions and/or determinations taken or made pursuant to this chapter (such as lead agency determination, scoping, draft EIS adequacy, etc.).

(i) “Procedural appeals” which shall consist of an appeal of the designated official’s compliance with the provisions of SEPA, the SEPA rules, and this chapter with respect to the following:

A. Determination of nonsignificance;

B. Determination of significance;

C. Adoption or issuance of a final environmental impact statement;

(ii) “Substantive appeals” which shall consist of an appeal of an action or omission with respect to the conditioning or denying of a proposal under the substantive authority set forth in this section.

(d) Appeal of Nonelected Official Decision to City Council Eliminated. As provided for in RCW 43.21C.060, any appeal to the city council of any decision by a nonelected official conditioning or denying a proposal under the authority of SEPA is hereby formally eliminated.

(5) Consolidation. Except as provided in subsection (Q)(4) of this section, an appeal under this section shall consolidate any SEPA appeal with a hearing or appeal on the underlying governmental action in a single simultaneous hearing before the hearing examiner. The hearing or appeal shall be one at which the hearing examiner will consider either the agency’s decision or a recommendation on the proposed underlying governmental action. If no hearing or appeal on the underlying governmental action is otherwise provided, then no SEPA appeal is allowed under this section, except as allowed under subsection (Q)(4) of this section.

(6) Exceptions to Consolidation. The following appeals of SEPA procedural or substantive determinations need not be consolidated with a hearing or appeal on the underlying governmental action:

(a) An appeal of a determination of significance;

(b) An appeal of a procedural determination made by the city when the city is a project proponent, or is funding a project, and chooses to conduct its review under this chapter, including any appeals of its procedural determinations, prior to submitting an application for project permit;

(7) Written Notice. All procedural and substantive SEPA appeals provided under this section shall be initiated by filing a written notice of SEPA administrative appeal with the designated official, accompanied with the applicable appeal fee. No additional appellate fee shall be charged in conjunction with a hearing on the underlying permit or approval.

(a) The notice of appeal required by this section shall include, at a minimum:

(i) The name and address of the party or agency filing the appeal;

(ii) An identification of the specific proposal and specific SEPA actions, omissions, conditions or determinations for which appeal is sought;

(iii) A statement of the particular grounds or reasons for the appeal;

(b) The designated official shall arrange to conduct the SEPA appeal in conjunction with a hearing or appeal on the underlying permit or approval, where required to consolidate the SEPA appeal with a hearing on the underlying governmental action. Where consolidation is not required, the designated official shall schedule the hearing to be conducted within 90 days of the date of filing the notice of appeal, and payment of fee.

(8) SEPA Procedural Appeals. SEPA procedural appeals shall be initiated and conducted in the manner set forth below:

(a) An appeal to the issuance of a determination of nonsignificance (DNS), mitigated determination of nonsignificance (MDNS), may be filed by any agency or aggrieved person as follows:

(i) For proposals which may be approved by the designated official without public hearing, an appeal shall be filed within 10 calendar days following the last day of the comment period. Such SEPA appeal shall be heard in conjunction with the appeal of the underlying permit or approval, where such appeal is allowed; provided, that if no administrative appeal of the underlying permit or approval is otherwise provided for, and consolidation is not required by subsection (Q)(5) of this section, an appeal of the DNS/FEIS shall be heard and decided in an open record hearing by the hearing examiner. The decision of the hearing examiner on the SEPA procedural appeal shall be final and not subject to further administrative appeal.

(ii) For proposals which may only be approved by open record hearing or open record predecision hearing (recommendation) before the hearing examiner, an appeal shall be filed within 10 calendar days following the last day of the comment period, or where no comment period is required, then within 10 days following the date of issuance or adoption of the DNS/FEIS, and shall be heard and decided in open record hearing by the hearing examiner in conjunction with the decision or recommendation on the underlying proposal. The decision of the hearing examiner on the SEPA procedural appeal shall be final and not subject to further administrative appeal.

(b) An appeal to a determination of significance (DS) may be filed by the applicant within 10 days of the issuance of the DS/scoping notice. The appeal shall be heard in open record hearing and decided by a hearing examiner, whose decision shall be final and not subject to further administrative appeal.

(d) The SEPA procedural determination of the designated official shall be entitled to substantial weight, and the appellant shall bear the burden to establish a violation of SEPA, the SEPA rules, or the provisions of this chapter.

(e) A SEPA procedural determination shall be deemed to be conclusively in compliance with SEPA, the SEPA rules, and the provisions of this chapter, unless a SEPA procedural appeal is filed in accordance with this section.

(9) SEPA Substantive Appeals. SEPA substantive appeals shall be initiated and conducted in the manner set forth below:

(a) For proposals subject to final administrative action, approval, or recommendation by a nonelected administrative official or tribunal for which no administrative appeal is otherwise provided, and for which consolidation is not required by subsection (Q)(5) of this section, any agency or aggrieved person may file a substantive SEPA appeal within 10 days of the issuance of the administrative decision approving, conditioning, or denying the proposal on the basis of substantive SEPA authority. Such substantive SEPA appeal shall be heard and decided by the hearing examiner in an open record hearing, unless the proposal is a project permit which has been subject to a previous open record hearing, in which case the SEPA appeal hearing shall be a closed record hearing. The substantive SEPA appeal shall be heard in conjunction with any procedural SEPA appeal. The decision of the hearing examiner on the SEPA substantive appeal shall be final and not be subject to further administrative appeal.

(b) For all proposals subject to final administrative action, approval, or recommendation, by a nonelected administrative official, for which an administrative appeal or further approval hearing is otherwise provided or required, any agency or aggrieved person may file a substantive SEPA appeal within 10 days of the issuance of the administrative decision approving, conditioning, or denying the proposal on the basis of substantive SEPA authority; provided, that if the proposal is a project permit, a substantive SEPA appeal shall be filed within 10 days after issuance of the notice of decision. Any substantive SEPA appeal shall be conducted in the same manner and with the same process as otherwise provided for the appeal or approval hearing of the underlying administrative action.

(c) The SEPA substantive determination to condition or deny a proposal shall be deemed to be conclusively in compliance with SEPA, the SEPA rules, and the provisions of this chapter, unless a SEPA substantive appeal is filed in accordance with this section.

(10) How to Appeal. The appeal must be in the form of a written notice of appeal, and must contain a brief and concise statement of the matter being appealed, the specific components or aspects that are being appealed, the appellant’s basic rationale or contentions on appeal, and a statement demonstrating standing to appeal. The appeal may also contain whatever supplemental information the appellant wishes to include. The appeal shall also contain the following:

(a) The name and mailing address of the appellant and the name and address of his/her representative, if any;

(b) The appellant’s legal residence or principal place of business;

(d) The grounds upon which the appellant relies;

(e) A concise statement of the factual and legal reasons for the appeal;

(f) The specific nature and intent of the relief sought;

(g) A statement that the appellant has read the appeal and believes the contents to be true, followed by his/her signature and the signature of his/her representative, if any. If the appealing party is unavailable to sign the appeal, it may be signed by his/her representative.

(11) Fees. The person filing the appeal shall include with the letter of appeal the fee as established by resolution.

(12) Procedures for Appeal Hearing.

(a) Notice of the Appeal Hearing.

(i) Content. The designated official shall prepare a notice of the appeal containing the following:

A. The file number and a brief written description of the matter being appealed.

B. A statement of the scope of the appeal including a summary of the specific factual findings and conclusions disputed in the letter of appeal.

C. The time and place of the public hearing on the appeal.

D. A statement of who may participate in the appeal.

E. A statement of how to participate in the appeal.

(ii) Distribution. At least 15 calendar days before the hearing on the appeal, the designated official shall send a copy of this notice to each person who received a copy of the threshold determination and any person who submitted written comments on, or an appeal of, the threshold determination.

(iii) Notice of Appeal. The notice of appeal may be combined with the hearing notice for the underlying project permit, if applicable.

(13) Participation in the Appeal. Only those persons with legal standing are entitled to appeal the threshold determination and may participate in the appeal. Participation includes the following:

(a) By submitting written testimony to the designated official in the timeline established.

(b) By appearing in person, or through a representative, at the hearing and submitting oral or written testimony directly to the hearing body. The hearing body may reasonably limit the extent of the oral testimony to facilitate the orderly and timely conduct of the hearing.

(14) Staff Report on the Appeal.

(a) Content. The designated official shall prepare a staff report containing the following:

(i) The SEPA threshold determination.

(ii) All written comments submitted to the designated official.

(iii) The letter of appeal.

(iv) All written comments on the appeal received by the designated official from persons entitled to participate in the appeal and within the scope of the appeal.

(v) An analysis of the specific factual findings and conclusions disputed in the letter of appeal.

(b) Combining of Reports. This report may be combined with the staff report on the underlying project permit, if applicable.

(c) Distribution. Distribution will take place at least seven calendar days before the hearing; the designated official shall distribute copies of the staff report as follows:

(i) A copy will be sent to the hearing examiner hearing the appeal as specified.

(ii) A copy will be sent to the applicant.

(iii) A copy will be sent to the person who filed the appeal.

(15) Continuation of the Hearing. The hearing examiner may continue the hearing if, for any reason, it is unable to hear all of the public comments on the appeal or if it determines that it needs more information within the scope of the appeal. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter, no further notice of that hearing need be given, beyond that required by the Open Public Meetings Act.

(16) Decision on the Appeal.

(a) General. The hearing examiner shall consider all information and material within the scope of the appeal submitted by persons entitled to participate in the appeal. The hearing examiner shall either affirm or change the findings and conclusions of the designated official that were appealed. Based on the hearing examiner’s findings and conclusions, it shall either:

(i) Affirm the decision being appealed; or

(ii) Reverse the decision being appealed; or

(iii) Modify the decision being appealed.

(b) Issuance of Written Decision. Within 10 working days after the public hearing, the hearing examiner shall issue a written decision on the appeal. Within four calendar days after the decision is issued, the hearing body shall distribute the decision as follows:

(i) A copy will be mailed to the applicant.

(ii) A copy will be mailed to the person who filed the appeal.

(iii) A copy will be mailed to all other persons of record or agencies who participated in the appeal.

(17) Additional Appeal Procedures.

(a) The matters to be considered and decided upon in the appeal are limited to the matters raised in the notice of appeal.

(b) The decision of the designated official shall be accorded substantial weight.

(d) The decision of the hearing examiner hearing the appeal shall be the final decision on any appeal of a threshold determination including a mitigated determination of nonsignificance.

(18) Dismissal of Appeal. The hearing examiner may summarily dismiss an appeal without hearing when such an appeal is determined by the hearing examiner to be without merit on its face, frivolous, or brought merely to secure a delay, or that the appellant lacks legal standing to appeal.

(19) Effect of Appeal. The filing of an appeal of a threshold determination or adequacy of a final environmental impact statement (FEIS) shall stay the effect of such determination or adequacy of the FEIS and no major action in regard to a proposal may be taken during the pendency of an appeal and until the appeal is finally disposed of by the hearing examiner. A decision to reverse the determination of the designated official and uphold the appeal shall further stay any decision, proceedings, or actions in regard to approval.

(20) Withdrawal of Appeal. An appeal may be withdrawn, only by the appellant, by written request filed with the city clerk who shall inform the hearing examiner of the withdrawal request. If the withdrawal is requested before the response of the designated official, or before serving notice of the appeal, such request shall be permitted and the appeal shall be dismissed without prejudice by the hearing examiner, and the filing fee shall be refunded.

(21) Standard of Review. The hearing examiner may affirm the decision of the designated official or the adequacy of the environmental impact statement, or remand the case for further information; or the hearing examiner may reverse the decision if the administrative findings, inferences, conclusions, or decisions are:

(a) In violation of constitutional provisions as applied; or

(b) The decision is outside the statutory authority or jurisdiction of the city; or

(c) The designated official has engaged in unlawful procedure or decision-making process, or has failed to follow a prescribed procedure; or

(d) In regard to challenges to the appropriateness of the issuance of a DNS clearly erroneous in view of the public policy of the Act (SEPA); or

(e) In regard to challenges to the adequacy of an EIS shown to be inadequate employing the “rule of reason.”

(22) Evidence – Burden of Proof. In each particular proceeding, the appellant shall have the burden of proof, and the determination of the designated official shall be presumed prima facie correct and shall be afforded substantial weight. Appeals shall be limited to the records of the designated official.

(23) Judicial Appeal.

(a) Any available administrative appeal provided under this section must be utilized by an agency or aggrieved person prior to initiating judicial review of any SEPA action, omission, or determination made or taken under this chapter.

(b) A judicial appeal of any SEPA action, omission, or determination made or taken under this chapter must be filed within the time limitations established by any statute or ordinance for appeal of the underlying governmental action.

(c) The city shall give official notice of the date and place for commencing a judicial appeal, in accordance with WAC 197-11-680(5), where there is a statute or ordinance establishing a time limit for commencing judicial appeal.

(R) Agency Compliance.

(1) Purpose. This section contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities.

(2) Fees. The city shall require the following fees for its activities in accordance with the provisions of this UDC:

(a) Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee as required by the city fee resolution from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.

(b) Environmental Impact Statement.

(i) When the city is the lead agency for a proposal requiring an EIS and the designated official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee as required by the city fee resolution from any applicant to cover costs incurred by the city in preparing the EIS. The designated official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

(ii) The designated official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. The city may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by the city after a call for proposals.

(iii) If a proposal is modified so that an EIS is no longer required, the designated official shall refund any fees collected under subsection (R)(2) of this section which remain after incurred costs are paid.

(c) Cost of Notice. The city may collect from the applicant the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

(d) Performance Fee. The city shall not collect a fee for performing its duties as a consulted agency.

(e) Copies. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 1019 § 1, 2022; Ord. 994 § 6, 2020; Ord. 937 § 24 (Exh. W), 2017; Ord. 905 § 1 (Att. A), 2016; Ord. 862 §§ 50, 51, 2013; Ord. 827 § 20, 2012; Ord. 740 § 1 (Exh. A), 2007.]

19.07.020 Critical areas regulations.

(A) General Provisions – Definitions.

(1) Purpose and Intent. The purpose of this critical areas section is to identify environmentally critical areas and to protect these areas without violating any citizen’s constitutional rights. Landslide, erosion, and seismic hazards, wetlands, aquifer recharge areas, critical habitats and flood hazard areas constitute critical areas that are of special concern to Granite Falls. The city finds that these critical areas perform a variety of valuable and beneficial biological and physical functions that benefit the city and its residents; certain critical areas may also pose a threat to human safety or to public and private property. By limiting development and alteration of these critical areas, this chapter seeks to:

(a) Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to flooding, erosion, volcanic eruptions, landslides, seismic events, or steep slope failures;

(b) Protect unique, fragile and valuable elements of the environment, including wildlife and its habitat;

(c) Mitigate unavoidable impacts to environmentally critical areas by regulating alterations in and adjacent to critical areas;

(d) Prevent cumulative adverse environmental impacts to water quality and wetlands;

(e) Meet the requirements of the Washington Growth Management Act with regard to the protection of critical area lands;

(f) Coordinate environmental review and permitting of proposals to avoid duplication and delay;

(g) Assure that best available sciences are incorporated into the following regulations. In order to accomplish this, best available sciences were reviewed in the process of developing the critical areas regulations and used to establish its components.

(2) Definitions.

“Alteration” means any human-induced activity that changes the existing condition of a critical area. Alterations include but are not limited to: grading; filling; dredging; draining; channelizing; clearing or removing vegetation; discharging pollutants; paving; construction; demolition; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife, or wildlife habitat of a critical area.

“Anadromous fish” means species, such as salmon, which are born in fresh water, spend a large part of their lives in the sea, and return to fresh water rivers and streams to procreate.

“Applicant” means the person, party, firm, corporation, or other entity that proposes any activity that could affect a critical area.

“Aquifer” means a saturated geologic formation that will yield a sufficient quantity of water to serve as a private or public water supply.

“Aquifer recharge areas” means areas where the prevailing geologic conditions allow infiltration rates which create a high potential for contamination of ground water resources or contribute significantly to the replenishment of potable ground water. Aquifer recharge areas are classified as follows:

(a) “High significance aquifer recharge areas” means areas with slopes of less than 15 percent that are underlain by coarse alluvium or sand and gravel.

(b) “Moderate significance aquifer recharge areas” means:

(i) Areas with slopes of less than 15 percent that are underlain by fine alluvium, silt, clay, glacial till, or deposits from the Electron Mudflow; and

(ii) Areas with slopes of 15 percent to 30 percent that are underlain by sand and gravel.

(i) Areas with slopes of 15 percent to 30 percent that are underlain by silt, clay, or glacial till; and

(ii) Areas with slopes greater than 30 percent.

“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year; also referred to as the “100-year flood.”

“Bog/fen” means a wetland with limited drainage generally characterized by extensive peat deposits and acidic waters with a pH of 5 or less for bogs and 5.5 or greater for fens. Vegetation includes sedges, sphagnum moss, shrubs and trees.

“Buffer” or “buffer area” means a naturally vegetated and undisturbed or revegetated zone surrounding a critical area that protects the critical area from adverse impacts to its integrity and value, or is an integral part of the resource’s ecosystem.

“City” means the city of Granite Falls.

“City clerk” means the city clerk of the city of Granite Falls.

“Clearing” means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site that exposes the earth’s surface of the site or any actions that disturb the existing ground surface.

“Critical areas” includes wetlands, critical habitat areas, moderate and high erosion hazard areas, high seismic hazard areas, moderate and high landslide hazard areas, moderate and high volcanic hazard areas, aquifer recharge areas of moderate and high significance, and flood hazard areas.

“Critical geologic hazard areas” means lands or areas subject to high or severe risks of geologic hazard.

“Critical habitat” means those habitat areas which meet any of the following criteria:

(a) The documented presence of species listed by the federal government or state of Washington as endangered or threatened;

(b) Those streams identified as “shorelines of the state” under the city of Granite Falls’ shoreline master program; and

“Development right” means any specific right to use real property which inures to an owner of real property through the common law, statutory law of real property, the United States and Washington Constitutions and as further defined and delineated herein.

“Epicenter” means the location on the surface of the earth directly above the place where an earthquake originates.

“Erosion” means a process whereby wind, rain, water, and other natural agents mobilize and transport soil particles.

“Erosion hazard areas” means those lands susceptible to the wearing away of their surface by water, wind or gravitational creep. Erosion hazard areas are classified as low, moderate or high risk based on slope inclination and soil types as identified by the U.S. Department of Agriculture Soil Conservation Service (SCS):

(a) “Low risk” means all sites classified with soil types designated by SCS as having no or slight erosion hazard.

(b) “Moderate risk” means all sites classified with soil types designated as moderate hazard.

“Existing and ongoing agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and those existing activities involved in the production of crops or livestock. Activities may include the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of existing ditches or irrigation systems; changes from one type of agricultural activity to another agricultural activity; and normal maintenance, repair, and operation of existing serviceable structures, facilities, or improved areas. Activities which bring a nonagricultural area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years.

“Facultative wetland plants” means plants that occur usually (estimated probability greater than 67 percent to 99 percent) in wetlands, but also occur (estimated probability one percent to 33 percent) in nonwetlands.

“Fish and wildlife habitat conservation areas” means land managed to maintain populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

“Flood hazard areas” means those areas subject to inundation by the base flood. These areas consist of the following components, as determined by the city:

(a) “Floodplain” means the total area subject to inundation by the base flood.

(b) “Flood fringe” means that portion of the floodplain outside the floodway which is generally covered by flood waters during the base flood. It is generally associated with standing water rather than rapidly flowing water.

(c) “Floodway” means the channel of the stream and that portion of the adjoining floodplain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.

“Forested wetland” means a regulated wetland with at least 30 percent of the surface area covered by woody vegetation greater than 20 feet in height and four inches dbh.

“Geologic hazard areas” means lands or areas characterized by geologic, hydrologic, and topographic conditions that render them susceptible to potentially significant or severe risk of landslides, erosion, or volcanic or seismic activity.

“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground surface by human or mechanical means.

“Ground water” means all water found beneath the ground surface, including slow-moving subsurface water present in aquifers and recharge areas.

“Growing season” means the portion of the year when soil temperatures at 19.7 inches below the surface are higher than biological zero (five degrees Celsius), approximately March 15th to October 15th.

“Hazardous substance(s)” means any liquid, solid, gas or sludge, including any materials, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics of hazardous waste; and including waste oil and petroleum products.

“Hazardous substance processing or handling” means the use, storage, manufacture or other land use activity involving hazardous substances, but does not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container.

“Hazardous waste” means all dangerous waste and extremely hazardous waste as designated pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC.

(a) “Dangerous waste” means any discarded, useless, unwanted, or abandoned substances including, but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes:

(i) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or

(ii) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means;

(b) “Extremely hazardous waste” means any waste which:

(i) Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic makeup of humans or wildlife; and

(ii) Is disposed of at a disposal site in such quantities as would present an extreme hazard to humans or the environment.

“Hazardous waste treatment and storage facility” means a facility that treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW and Chapter 173-303 WAC. It includes all contiguous land and structures used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of hazardous waste.

“Hydric soils” means a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation. Hydric soils occur in areas having positive indicators of hydrophilic action.

“Hydrophyte” means any plant growing in water or on a substrate that is at least periodically deficient in oxygen during some part of the growing season, from approximately March 15th to October 15th, as a result of excessive water content.

“Hydrophytic vegetation” means any plant growing in water or on a substrate that is at least periodically deficient in oxygen during some part of the growing season as a result of excessive water content. A site may be considered to have hydrophytic vegetation when more than 50 percent of the dominant plant species on the site are obligate or facultative wetland plants.

“Impervious surface” means any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces include, but are not limited to, roofs and streets, sidewalks and parking lots paved with asphalt, concrete, compacted rock, compacted sand, limerock or clay.

“Lahars” means mudflows and debris flows originating from the slopes of a volcano.

“Landslide” means episodic downslope movement of a mass of soil or rock.

“Landslide hazard areas” means areas that, due to a combination of slope inclination, relative soil permeability and hydrologic factors, are susceptible to varying risks of land sliding. Landslide hazards are classified as Classes I through III based on the degree of risk as follows:

(a) Class I/high risk: Areas of greater than 30 percent slope with soils designated by SCS as moderate, severe or very severe erosion hazard.

(b) Class II/moderate risk: Areas of 15 percent to 30 percent slopes with soils designated by the SCS as moderate or severe erosion hazard.

“Liquefaction” means a process by which a water-saturated granular (sandy) soil layer loses strength because of ground shaking commonly caused by an earthquake.

“Lot slope” means a measurement by which the average slope of the lot is calculated as a percentage. The lowest elevation of the lot is subtracted from the highest elevation, and the resulting number is divided by the horizontal distance between these two points. The resulting product is multiplied by 100.

“Magnitude” means a quantity characteristic of the total energy released by an earthquake. Commonly, earthquakes are recorded with magnitudes from zero to eight.

“Mitigation” means avoiding, minimizing, reducing, rectifying, eliminating, or compensating for adverse impacts.

“Native vegetation” means plant species that are indigenous and naturalized to the Granite Falls region and which can be expected to naturally occur on a site. Native vegetation does not include noxious weeds.

“Noxious weed” means any plant which, when established, is highly destructive, competitive, or difficult to control by cultural or chemical practices. The state noxious weed list in Chapter 16-750 WAC is the officially adopted list of noxious weeds by the State Noxious Weed Control Board.

“Obligate wetland plants” means plants that occur almost always (estimated probability greater than 99 percent) in wetlands under natural conditions, but which may also occur rarely (estimated probability less than one percent) in nonwetlands.

“Qualified professional or consultant” means a person with experience, training and expertise that are appropriate for the relevant sensitive area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology or a related field and related work experience and meet the following criteria:

(a) A qualified professional for wetlands must have a degree in biology, ecology, soil science, botany or a closely related field and a minimum of five years of professional experience in wetland identification and assessment in the Pacific Northwest.

(b) A qualified professional for geologically hazardous areas must be a professional engineering geologist or geotechnical engineer, licensed by the state of Washington.

(c) A qualified professional for fish and wildlife conservation areas must have a degree in wildlife biology, zoology, ecology, fisheries, or a closely related field and a minimum of two years of professional experience.

(d) A “qualified professional for sensitive aquifer recharge areas” means a Washington State licensed hydro-geomorphologist, geologist, engineer or other scientist with a minimum of two years of professional experience in preparing hydrogeologic assessments in Washington.

“Receiving parcel” means a parcel of land on which a development right is used.

“Recessional outwash geologic unit” means sand and gravel materials deposited by melt water streams from receding glaciers.

“Seismic hazard areas” means areas that, due to a combination of soil and ground water conditions, are subject to severe risk of ground shaking, subsidence, or liquefaction of soils during earthquakes. These areas are typically underlain by soft or loose saturated soils, have a shallow ground water table and are typically located on the floors of river valleys.

“Sending parcel” means a parcel of land from which a development right has been severed, in accordance with this chapter.

“Sever” means the removal or separation of some specified right or use from the “bundle of rights” possessed by an owner of real property. The term connotes a removal or separation in perpetuity as distinguished from a restriction or limitation which may be overridden, deleted or subject to a time limitation.

“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance.

Streams. Streams shall be classified according to the stream type system as provided in WAC 222-16-030, Stream Classification System, as amended. Streams are called Type S, Type F, Type Np, and Type Ns.

“Temporary erosion control” means on-site and off-site control measures that are needed to control conveyance or deposition of earth, turbidity, or pollutants during development, construction, or restoration.

“Utility line” means pipe, conduit, cable or other similar facility by which services are conveyed to the public or individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas, communications and sanitary sewers.

“Wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

(B) Applicability.

(1) Prior to fulfilling the requirements of this title, Granite Falls shall not grant any approval or permission to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement including, but not limited to, the following:

(a) Building permit.

(b) Conditional use permit.

(d) Shoreline variance.

(e) Short subdivision.

(f) Subdivision.

(g) Variance.

(h) Rezone.

(i) Any other adopted permit or required approval not expressly exempted by this chapter.

(2) Granite Falls shall perform a critical areas review for any Granite Falls permit approval requested for a proposal on a site which includes or is adjacent to one or more critical areas unless otherwise provided in this chapter. As part of all applications, Granite Falls shall verify the information submitted by the applicant to:

(a) Confirm the nature and type of the critical areas and evaluate any required critical areas study.

(b) Determine whether the development proposal is consistent with this chapter.

(d) Determine if the mitigation plans proposed by the applicant are sufficient to protect the public health, safety and welfare consistent with the goals, purposes, objectives and requirements of this chapter.

(1) Agricultural Activities. Existing and ongoing agricultural activities, provided no alteration of flood storage capacity or conveyance occurs.

(2) Damaged Structures. Remodeling of structures in existence on the effective date hereof. When such structures are damaged by fire, explosion, or other unforeseen circumstances, they may be reconstructed or replaced within one year; provided, that the new construction or related activity does not further intrude into a critical area or established buffer and is subject to flood hazard areas reconstruction restrictions.

(3) Artificially Created Wetlands. Activities involving artificially created wetlands or streams intentionally created from nonwetland sites, including, but not limited to, grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except wetlands, streams, or swales that provide critical habitat for anadromous fish, and artificial wetlands created as part of a mitigation requirement.

(4) Existing Roads. Maintenance, operation and reconstruction of existing roads, streets, utilities and associated structures.

(5) Emergency Activities. Emergency activities necessary to prevent an immediate threat to public health, safety, or property.

(D) Reasonable Use Exception.

(1) Allowing Exception. If the application of this chapter would deny all reasonable use of the property, development may be allowed which is consistent with the general purposes of this chapter and the public interest.

(2) Application for Exception. An application for a critical areas reasonable use exception shall be filed with the city clerk and shall be heard by the hearing examiner. The hearing examiner shall issue a final decision on an application for a reasonable use exception.

(3) Determination – Conditions. In order to approve a reasonable use exception, the hearing examiner must determine that:

(a) Application of this chapter would deny all reasonable use of the property; and

(b) There is no other reasonable use with less impact on the critical area; and

(c) The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site; and

(d) Any alterations permitted to these critical areas shall be the minimum necessary to allow for reasonable use of the property.

(4) Alterations. Any authorized alteration of a critical area under this section shall be subject to conditions established by the city of Granite Falls and shall require mitigation under an approved mitigation plan.

(E) Relationship to Other Regulations.

(1) These critical areas regulations shall apply as an overlay and in addition to zoning, land use and other regulations established by the city. In the event of any conflict between these regulations and any other regulations of the city, the regulations that provide greater protection to environmentally critical areas shall apply.

(2) Areas characterized by particular critical areas may also be subject to other regulations established by this chapter due to overlap or multiple functions of some critical resources or critical areas. Wetlands, for example, may be defined and regulated according to the wetland and habitat provisions of this chapter. In the event of any conflict between regulations for any particular critical areas in this chapter, the regulations which provide greater protection to environmentally critical areas shall apply.

(F) Variances. Variances from the standards of this chapter may be authorized by the hearing examiner in accordance with the procedures set forth in GFMC 19.04C.055. In granting such a variance, hearing examiner shall find:

(1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, or the size or nature of the critical area, the strict application of this title would deprive the property owner of reasonable use of their property;

(2) The granting of the variance is the minimum necessary to accommodate the development proposal and will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is situated, or contrary to the goals and purposes of this chapter.

(G) Other General Requirements.

(1) A record of notice shall be placed on the title of any property subject to these critical areas regulations in the development review process.

(2) A notice shall be provided to any adjacent property that may be impacted by critical areas buffers as required in this chapter.

(H) Critical Area Determinations.

(1) Special Studies Required.

(a) When an applicant submits an application for any alteration proposal, the application shall indicate whether any environmentally critical area or buffer is located on the site. The designated official shall visit the subject property and review the information submitted by the applicant along with any other available information. If the designated official determines that the site potentially includes, is adjacent to, or could have probable significant adverse impacts to critical areas, the designated official shall notify the applicant that a special study(ies) is required. Any decision to require a critical area study pursuant to this chapter may be appealed to the hearing examiner upon filing a notice of appeal with the city clerk within 10 working days after the date of the designated official’s decision.

(2) Waivers from Study Requirements. The designated official may waive the requirement for a special study if there is substantial proof showing that:

(a) There will be no alteration of the critical areas or required buffer; and

(b) The alteration proposal will not impact the critical areas in a manner contrary to the purpose, intent and requirements of this chapter; and

(3) Exceptions to Study Requirements. No special study is required for the following alteration proposals:

(a) Alterations that are exempt from the provisions of this chapter as set forth in subsection (C) of this section; and

(b) A residential building permit for a lot that was subject to a previous special study of critical areas; provided, that the previous special study adequately identified the impacts associated with the current alteration proposal.

(4) Contents of Special Study.

(a) Best available science shall be used in the special study and the Washington Department of Fish and Wildlife PHS database shall be consulted in the preparation of the study.

(b) Wetlands Special Study. Required wetland studies shall be conducted by a qualified wetlands biologist.

(i) A map, of a scale no smaller than one inch equals 200 feet, and five-foot contours of the surveyed wetland boundary as determined by following the methods described in the “Washington State Wetlands Identification and Delineation Manual” (Publication No. 96-94), March 1997.

(ii) The site plan for the proposed activity at the same scale as the wetland map, showing the extent of the proposed activity in relationship to the surveyed wetland.

(iii) A written analysis of the existing wetland type/classification including existing vegetation, soils, and hydrology (source of water in the system, relative water quality, seasonality of presence of water, if applicable). The existing wetland shall be classified according to subsection (I)(2) of this section. The written analysis must also classify wetlands according to the adopted Ecology’s “Washington State Wetland Rating System for Western Washington – 2014 Update” (Ecology Publication No. 04-06-025), October 2014. All date forms must be submitted for review.

(c) Landslide Hazard Special Study. Required landslide hazard studies shall be prepared by a professional engineer licensed by the state of Washington with expertise in geotechnical engineering.

(i) A contour map of the proposed site, at a scale no smaller than one inch equals 100 feet and five-foot contours. The site and the extent of the critical landslide hazard area as determined by the criteria in subsection (J)(3) of this section shall be clearly delineated.

(ii) A discussion of surface and subsurface geologic conditions of the site.

(iii) Review of site history regarding landslides.

(iv) A description of how the proposed development will or will not impact each of the following on the subject area and adjoining property:

A. Slope stability;

B. Drainage;

C. Springs or seeps or any other surface water;

D. Existing vegetation.

(v) Recommended surface water management controls during construction.

(d) Critical Erosion Hazard Area Special Studies. Required critical erosion hazard studies shall be prepared by a professional engineer licensed by the state of Washington.

(i) A map, of a scale no smaller than one inch equals 200 feet, of the site and the extent of the critical erosion hazard area as determined by the criteria in subsection (J)(4) of this section.

(ii) Review site history regarding erosion.

(iii) Identification of surface water management, erosion, and sediment controls appropriate to the site and proposal.

(e) Seismic Hazard Area Special Studies. Required critical seismic hazard studies shall be prepared by a professional engineer licensed by the state of Washington.

(i) A map, of a scale no smaller than one inch equals 200 feet, and five-foot contours, of the site and the extent of the seismic hazard area as determined by the criteria in subsection (J)(5) of this section.

(ii) Discussion of the potential impacts from the proposed development, and specific measures designed to mitigate any potential adverse impacts of the proposal.

(f) Critical Habitat Special Studies.

(i) Required critical habitat studies shall be prepared by a qualified biologist with expertise in wildlife habitats.

(ii) A map of a scale no smaller than one inch equals 200 feet of the site and the extent of the critical habitat area as determined by the criteria in subsection (J)(6) of this section.

(g) Aquifer Recharge Area Special Studies.

(i) Required critical aquifer recharge area studies shall be prepared by a geologist or individual with experience preparing hydrogeologic assessments.

(ii) A map of a scale no smaller than one inch equals 200 feet of the site and the extent of the high significance aquifer recharge area as determined by the criteria in subsection (J)(13) of this section.

(I) Critical Areas Classifications.

(1) Scope. To promote consistent application of the standards and requirements of this title, critical areas within the city shall be rated and classified according to their characteristics, function and value, and/or their sensitivity to disturbance.

(2) Wetlands Classification and Delineation. Wetlands shall be designated Category I, Category II, Category III and Category IV, according to Ecology’s “Washington State Wetland Rating System for Western Washington – 2014” (Ecology Publication No. 04-06-025), October 2014. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done by a qualified wetland professional in accordance with the approved federal wetland delineation manual, the most current version of the “Washington State Wetland Rating System for Western Washington,” and applicable regional supplements.

(3) Geologically Hazardous Areas.

(a) Designation. The following are considered geologically hazardous areas and shall not be altered except as otherwise provided by this chapter:

(i) Slopes of 40 percent or greater;

(ii) Landslide hazard areas;

(iii) Seismic hazard areas;

(iv) Erosion hazard areas when associated with other environmentally sensitive areas;

(v) Other areas which the city has reason to believe are geologically hazardous.

(b) Protective Requirements.

(i) Development proposals on properties which are designated as or which the city has reason to believe are geologically hazardous areas shall have a standard buffer of 25 feet from the top, toe and sides of such areas.

(ii) The setback buffer requirement listed in subsection (I)(3)(b)(i) of this section may be increased by the city when necessary to protect public health, safety and welfare, based upon information contained in a geotechnical report or for other reasons related to the geologically hazardous conditions of the lot.

(iii) The setback buffers required by this subsection shall be maintained in native vegetation to provide additional soil stability and erosion control. If the buffer area has been cleared, it shall be replanted with native vegetation.

(c) Permitted Alterations. Unless associated with another environmentally sensitive area, the designated official may allow alterations of an area identified as a geologically hazardous area or the standard buffers listed in subsection (I)(3)(b) of this section if he/she approves a geotechnical report which demonstrates that:

(i) The proposed development will not create a hazard to the subject property, surrounding properties, or rights-of-way, erosion or sedimentation to off-site properties or bodies of water;

(ii) The proposal addresses the existing geological constraints of the site, including an assessment of soils and hydrology;

(iii) The proposed method of construction will reduce erosion potential, landslide and seismic hazard potential, and will improve or not adversely affect the stability of slopes;

(iv) The proposal uses construction techniques which minimize disruption of existing topography and natural vegetation;

(v) The proposal is consistent with the purposes and provisions of this chapter;

(vi) The proposal mitigates all impacts identified in the geotechnical report; and

(vii) All utilities and access roads or driveways to and within the site are located so as to require the minimum amount of modifications to slopes, vegetation or geologically hazardous areas.

(d) Additional Requirements. As part of any approval of development on or adjacent to geologically hazardous areas or within the standard buffers required by subsection (I)(3)(b) of this section, the city may require:

(i) An environmentally critical area protective covenant or tract for the area approved for alteration or any geologically hazardous area not approved for alteration;

(ii) The presence of the geotechnical consultant on the site to supervise during clearing, grading, filling and construction activities which may affect geologically hazardous areas, and provide the city with certification that the construction is in compliance with his/her recommendations and has met with his/her approval, and other relevant information concerning the geologically hazardous conditions of the site;

(iii) Vegetation and other soil-stabilizing structures or materials be retained or provided.

(4) Fish and Wildlife Habitat Classification. Fish and wildlife habitat areas shall be classified as critical or secondary according to the criteria in this section. Critical habitats are those habitat areas which meet any of the following criteria:

(a) The documented presence of species listed by the federal government, state of Washington and the Washington State Department of Fish and Wildlife priority species and habitats (PHS) database as endangered, threatened, sensitive or critical.

(b) Those streams identified as “shorelines of the state” under the city’s shoreline master program.

(5) Aquifer Recharge Classification. Aquifer recharge areas are classified as high, moderate, or low significance aquifer recharge areas according to the following criteria:

(a) High Significance Aquifer Recharge Areas. High significance aquifer recharge areas are areas with slopes of less than 15 percent that are underlain by coarse alluvium or sand and gravel.

(b) Moderate Significance Aquifer Recharge Areas. Moderate significance aquifer recharge areas are:

(i) Areas with slopes of less than 15 percent that are underlain by fine alluvium, silt, clay, glacial till, or deposits from the Electron Mudflow; and

(ii) Areas with slopes of 15 percent to 30 percent that are underlain by sand and gravel.

(i) Areas with slopes of 15 percent to 30 percent that are underlain by silt, clay, or glacial till; and

(ii) Areas with slopes greater than 30 percent. Low significance aquifer recharge areas are not designated critical areas and are exempt from critical areas review requirements.

(6) Flood Hazard Classification. Flood hazard areas consist of the following components, as determined by the city:

(a) Floodplain. The total area subject to inundation by the base flood.

(b) Flood Fringe. That portion of the floodplain outside the floodway which is generally covered by flood waters during the base flood. It is generally associated with standing water rather than rapidly flowing water.

(c) Floodway. The channel of the stream and that portion of the adjoining floodplain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.

(J) Performance Standards for Critical Areas.

(1) General Requirements. All boundaries of critical areas established by the requirements of this chapter shall be clearly marked prior to any construction activities. All wetland and habitat buffers shall be permanently signed prior to final approval.

(2) Wetlands.

(a) Allowed Activities within Wetlands. The following uses shall be allowed within a wetland, provided they are conducted using best management practices:

(i) Outdoor recreational activities, including fishing, bird watching, hiking, swimming, and canoeing.

(ii) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops.

(iii) Existing and ongoing agricultural activities, as defined in this chapter.

(iv) The maintenance of drainage ditches.

(v) Nature Trails. Trails in wetlands or buffers should be limited to permeable surfaces no more than five feet in width for pedestrian use only. Trails should be located only in the outer 25 percent of a wetland buffer, and should be located to avoid removal of significant trees (over 18 inches diameter).

(vi) Utility lines.

(b) Allowed Activities within Wetland Buffers. In addition to those activities allowed in subsection (J)(2)(a) of this section, the following activities are allowed within wetland buffers; provided, that buffer impacts are minimized and that disturbed areas are immediately restored:

(i) Normal maintenance and repair of existing serviceable structures or improved areas. Maintenance and repair does not include modifications that change the character, scope or size of the original structure or improved area.

(ii) Vegetation-lined swales or other vegetated low impact facilities designed for stormwater management; provided, that they are placed within the outer 25 percent of the buffer of Category III wetlands only.

(i) Buffer Requirements. The standard buffer widths in Table 1 shall be required for wetlands based on the class of wetland as outlined in subsection (I)(2) of this section. The city may allow buffer averaging as set forth in subsection (J)(2)(c)(iv) of this section.

Table 1

Standard Wetland Buffer Width Requirements
Wetland Category	Required Buffer Width
Category I	150 feet
Category II	75 feet
Category III	60 feet
Category IV	40 feet

(ii) Removal of Vegetation within the Buffer. Removal or alteration of existing vegetation in the buffer areas shall be prohibited except as provided for in subsections (J)(2)(a) and (J)(8) of this section. Any disturbance of the buffer area shall be replanted with a diverse plant community of native vegetation appropriate for the site and approved by the designated official.

(iii) Increased Wetland Buffer Area Width. Buffer widths shall be increased on a case-by-case basis as determined by the designated official when a larger buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation must include but not be limited to the following criteria:

A. The wetland is used by a plant or animal species listed by the federal government or the state as endangered, threatened, candidate, sensitive, monitored or documented priority species or habitats, or essential or outstanding habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or

B. The adjacent land is susceptible to severe erosion, and erosion-control measures will not effectively prevent adverse wetland impacts; or

C. The adjacent land has minimal vegetative cover or slopes greater than 30 percent.

Table 2

Required Measures to Minimize Impacts to Wetlands

(Measures are required, where applicable to a specific proposal.)
Type of Disturbance	Required Measures to Minimize Impact
Lights	• Direct lights down and away from the wetland.
Noise	• Orient noise-generating activities away from wetland edge.
Toxic runoff	• Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered. • Establish covenants limiting use of pesticides and herbicides within 150 feet of wetland buffer.
Stormwater runoff	• Retrofit stormwater detention and treatment for roads and existing adjacent development. • Prevent channelized flow from lawns that directly enters the buffer.
Change in water regime	• Apply appropriate stormwater management to infiltrate, treat, detain, and disperse runoff appropriately and only into outer edge of buffer, if allowed.
Pets and human activity	• Use privacy fencing or plant dense native vegetation to delineate buffer edge and to discourage entry into buffer by humans and pets. • Place wetland and buffer in a NGPA or tract.
Dust	• Use best management practices to control dust.
Disruption of corridors or connections	• Maintain connections to off-site areas that are undisturbed. • Restore corridors or connections to off-site habitats by replanting.

(iv) Buffer Averaging. Buffer averaging to improve wetland protection may be permitted when all of the following conditions are met:

A. The wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a “dual-rated” wetland with a Category I area adjacent to a lower-rated area.

B. The buffer is increased adjacent to the higher-functioning area of habitat or more-sensitive portion of the wetland and decreased adjacent to the lower-functioning or less-sensitive portion as demonstrated by a critical areas report from a qualified wetland professional.

C. The total area of the buffer after averaging is equal to the area required without averaging.

D. The buffer at its narrowest point is never less than either 75 percent of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater.

(v) Measurement of Wetland Buffers. All buffers shall be measured perpendicular from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the target category of the created, restored, or enhanced wetland. Only fully vegetated buffers will be considered. Existing lawns, walkways, driveways, and other mowed or paved areas will not be considered to be buffers or included in buffer area calculations.

(d) Wetland Mitigation and Restoration.

(i) Mitigation. All adverse impacts to wetlands shall be mitigated to the extent feasible and reasonable. Mitigation actions by an applicant or property owner shall occur in the following preferred sequence:

A. Avoiding the impact altogether by not taking certain actions or parts of actions;

B. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

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 during the life of the action;

E. Compensating for the impact by replacing or providing substitute resources or environments; and/or

F. Monitoring the impact and taking appropriate corrective measures.

(e) Monitoring Program and Contingency Plan. A monitoring program shall be implemented by the applicant to determine the success of the mitigation project and any necessary corrective actions. This program shall determine if the original goals and objectives are being met.

(i) A contingency plan shall be established for indemnity in the event that the mitigation project is inadequate or fails. In addition to the bonding requirements in the development guidelines for public works standards, the applicant shall submit a performance and maintenance bond or other acceptable security device for financial guarantee(s). These devices are required to ensure the applicant’s compliance with terms of the mitigation agreement. The amount of the performance and maintenance bond shall equal 150 percent of the cost of the mitigation project for a minimum of five years. The bond may be reduced in proportion to work successfully completed over the period of the bond if performance standards are meeting or exceeding goals. The bonding period shall coincide with the monitoring period.

(ii) Monitoring programs prepared to comply with this section shall reflect the following guidelines:

A. Scientific procedures shall be used to establish the success or failure of the project.

B. For vegetation determinations, permanent sampling points shall be established.

C. Vegetative success shall, at a minimum, equal 80 percent survival of planted trees and shrubs and 80 percent cover of desirable understory or emergent plant species at the end of the required monitoring period or the performance standards set forth in the mitigation plan. Additional standards for vegetative success, including, but not limited to, minimum survival standards following the first growing season, may be required after consideration of a report prepared by a qualified consultant.

D. For hydrology determinations, permanent sampling points or wells shall be established.

E. Hydrology success shall, at a minimum, show 14 consecutive days of saturation to the surface during the growing season or the performance standard set forth in the mitigation plan.

F. Monitoring reports on the current status of the mitigation project shall be submitted to the city.

G. The reports are to be prepared by a qualified consultant and reviewed by the city or a consultant retained by the city and should include monitoring information on wildlife, vegetation, water quality, water flow, stormwater storage and conveyance, and existing or potential degradation, as applicable, and shall be produced on the following schedule: at the time of construction; 30 days after planting; early in the growing season of the first year; at the end of the growing season of the first year; twice during the second year; and annually thereafter.

H. Monitoring programs shall be established for a minimum of five years.

I. If necessary, failures in the mitigation project shall be corrected.

J. Dead or undesirable vegetation shall be replaced with appropriate plantings.

K. Damage caused by erosion, settling, or other geomorphological processes shall be repaired.

L. The mitigation project shall be redesigned (if necessary) and the new design shall be implemented and monitored.

(iii) Mitigation Ratios.

A. Equivalent Areas. Where wetland alterations are permitted by the city, the applicant shall create or enhance wetland areas to compensate for wetland losses. Equivalent areas shall be determined according to acreage, function, type, location, timing factors and projected success of restoration or creation.

B. Acreage Replacement Ratio. When creating or enhancing wetlands, the following acreage replacement ratios shall be used where the first number specifies the acreage of replacement wetlands and the second number specifies the acreage of wetlands altered:

Table 3

Acreage Replacement Ratio
Wetland Type	Wetland Creation Replacement Ratio (Area)	Wetland Enhancement Ratio (Area)
Category I	6:1	15:1
Category II	3:1	10:1
Category III	2:1	6:1
Category IV	1.5:1	4:1

(f) Increased Replacement Ratios. The designated official may increase the ratios under the following circumstances:

(i) Uncertainty exists as to the probable success of the proposed restoration or creation;

(ii) A significant period of time will elapse between impact and replication of wetland functions;

(iii) Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted;

(iv) The impact was an unauthorized impact; or

(v) Where mitigation is to occur off site.

(g) Restoration. Restoration is required when a wetland or its buffer has been altered in violation of this title. The following minimum performance standards shall be met for the restoration of a wetland; provided, that if it can be demonstrated by the applicant that greater functional and habitat values can be obtained, these standards may be modified:

(i) The original wetland configuration should be replicated including depth, width, and length at the original location;

(ii) The original soil types and configuration shall be replicated;

(iii) The wetland and buffer areas shall be replanted with native vegetation which replicates the original in species, sizes and densities; and

(iv) The original functional values shall be restored, including water quality and wildlife habitat functions.

(3) Landslide Hazard Areas. Development proposals on sites containing Class I and Class II landslide hazards shall meet the following requirements:

(a) Essential public facilities shall not be sited within a geologically hazardous area or its buffers.

(b) Buffer Requirement. A buffer shall be established from all edges of landslide hazard areas. The size of the buffer shall be determined by the city designated official to eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in whole or part by the development, based upon review of and concurrence with a landslide hazard special study. The buffer shall be equal to the height of the slope or 50 feet, whichever is greater. The buffer may be reduced when a qualified professional demonstrates to the city designated official’s satisfaction that the reduction will adequately protect the proposed development, adjacent developments, and uses and the subject critical area. The buffer may be increased where the city designated official determines a larger buffer is necessary to prevent risk of damage to proposed and existing development.

(c) Alterations. Alterations of a landslide hazard area and/or buffer may only occur for activities for which a hazards analysis is submitted and certifies that:

(i) The development will not increase surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions;

(ii) The development will not decrease slope stability on adjacent properties; and

(iii) Such alterations will not adversely impact other critical areas.

(d) Impervious Surface Ratio. An impervious surface ratio is a measurement of the amount of the site that is covered by any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces include, but are not limited to, roofs and streets, sidewalks and parking lots paved with asphalt, concrete, compacted sand, rock, compacted rock, limerock or clay. The maximum impervious surface ratios for Class I and Class II landslide hazard areas are set forth in Table 3 of this subsection.

(e) Native Vegetation. Native vegetation is plant species that are indigenous and naturalized to the Granite Falls region and which can be expected to naturally occur on a site. Native vegetation does not include noxious weeds. The minimum percentage of native vegetation that must be retained on sites including Class I or Class II landslide hazard areas is set forth in Table 4 of this section.

Table 4

Impervious Surface and Native Vegetation Requirements for Landslide Hazard Areas
Landslide Hazard Class	Maximum Impervious Surface Ratio	Minimum Percentage of Native Vegetation Retained
Class II	0.30	65%
Class I	0.20	75%

(f) Development Design.

(i) Structures and improvements shall be clustered to retain as much open space as possible and to preserve the natural topographic features of the site.

(ii) Structures and improvements shall conform to the natural contour of the slope.

(iii) Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation.

(iv) The use of retaining walls which allow the maintenance of existing natural slope area is preferred over graded artificial slopes.

(g) Additional Standards for Class I Landslide Hazards.

(i) Alteration of Class I landslide hazard areas is permitted only if the development proposal can be designed so that the landslide hazard to the project and the adjacent property is eliminated or mitigated and the development proposal on that site is certified as safe by a geotechnical engineer licensed in the state of Washington.

(ii) Development or alteration shall be prohibited on parcels with a lot slope of greater than 40 percent.

(4) Erosion Hazard Areas. Alteration of a site containing a critical erosion hazard area shall meet the following requirements:

(a) All alteration proposals shall submit an erosion control plan consistent with this section prior to receiving approval.

(b) Clearing on erosion hazard areas is allowed from April 1st to November 1st only.

(c) Only that clearing necessary to install temporary sedimentation and erosion control measures shall occur prior to clearing for roadways or utilities.

(d) Clearing limits for roads, water, wastewater, and stormwater utilities, and temporary erosion control facilities shall be marked in the field and approved by designated official prior to any alteration of existing native vegetation.

(e) The authorized clearing for roads and utilities shall be the minimum necessary to accomplish project-specific engineering designs and shall remain within approved rights-of-way.

(f) All trees and understory shall be retained on lots or parcels; provided, that understory damaged during approved clearing operations may be pruned or replaced.

(5) Seismic Hazard Areas. Development proposals on sites containing mapped seismic hazard areas may make alterations to a seismic hazard area only when the applicant demonstrates and the designated official concludes that:

(a) Evaluation of site-specific subsurface conditions shows that the site is not located in a seismic hazard area; or

(b) Mitigation is implemented which renders the proposed development as safe as if it were not located in a seismic hazard area, as certified by a professional engineer licensed by the state of Washington.

(6) Critical Habitat Areas.

(a) All development sites containing wetlands shall conform to the wetland development performance standards set forth in subsection (J)(2) of this section.

(b) All development sites adjacent to the South Fork of the Stillaguamish or Pilchuck Rivers shall retain a 150-foot buffer of native vegetation measured from the ordinary high water mark of the river.

(c) Where nonfish species have been classified as endangered or threatened by the federal government or Department of Wildlife, the applicant shall provide a special study identifying the required habitat and recommending appropriate buffers based on the state Department of Wildlife priority habitat and species management recommendations.

(d) For all fish and wildlife habitat areas that have been classified as endangered or threatened by the federal government, the applicant will provide a special study identifying the specified habitat based on the Department of Fish and Wildlife’s (DFW) priority habitats and species program.

(e) For all fish and wildlife that have been identified as “sensitive,” the applicant will identify the species and note its presence in the SEPA documents and critical areas study.

(7) Classification of Fish and Wildlife Habitat Areas.

(a) Streams. Streams shall be classified according to the stream type system as provided in WAC 222-16-030, Stream Classification System, as amended.

(i) Type S Stream. Those streams, within their ordinary high water mark, as inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules promulgated pursuant thereto.

(ii) Type F Stream. Those stream segments within the ordinary high water mark that are not Type S streams, and which are demonstrated or provisionally presumed to be used by the salmonid fish. Stream segments which have a width of two feet or greater at the ordinary high water mark and have a gradient of 16 percent or less for basins less than or equal to 50 acres in size, or have a gradient of 20 percent or less for basins greater than 50 acres in size, are provisionally presumed to be used by salmonid fish. A provisional presumption of salmonid fish use may be refuted at the discretion of the designated official where any of the following conditions are met:

A. It is demonstrated to the satisfaction of the city that the stream segment in question is upstream of a complete, permanent, natural fish passage barrier, above which no stream section exhibits perennial flow;

B. It is demonstrated to the satisfaction of the city that the stream segment in question has confirmed, long-term, naturally occurring water quality parameters incapable of supporting salmonid fish;

C. Sufficient information about geomorphic region is available to support departure from the characteristics described above for the presumption of salmonid fish use, as determined in consultation with the Washington Department of Fish and Wildlife, the Department of Ecology, affected tribes, or others;

D. The Washington State Department of Fish and Wildlife has issued a hydraulic project approval pursuant to RCW 77.55.100, which includes a determination that the stream segment in question is not used by salmonid fish;

E. No salmonid fish are discovered in the stream segment in question during a stream survey conducted according to the protocol provided in the Washington Forest Practices Board Manual, Section 13, Guidelines for Determining Fish Use for the Purpose of Typing Waters under WAC 222-16-031; provided, that no unnatural fish passage barriers have been present downstream of said stream segment over a period of at least two years.

(iii) Type Np Stream. Those stream segments within the ordinary high water mark that are perennial and are not Type S or Type F streams. However, for the purposes of clarification, Type Np streams include intermittent dry portions of the channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see Washington Forest Practices Board Manual, Section 23), then said point shall be determined by a qualified professional selected or approved by the city.

(iv) Type Ns Stream. Those stream segments within the ordinary high water mark that are not Type S, Type F, or Type Np streams. These include seasonal streams in which surface flow is not present for at least some portion of a year of normal rainfall and that are not located downstream from any Type Np stream segment.

(8) Fish and Wildlife Habitat Buffer Areas.

(a) The establishment of buffer areas shall be required for regulated activities in or adjacent to habitat areas. Buffers shall consist of an undisturbed area of native vegetation established to protect the integrity, functions and values of the affected habitat. Activities within buffers should not result in any net loss of the functions and values associated with streams and their buffers.

(i) The following buffer widths are established:

Table 5

Fish and Wildlife Habitat Buffer Widths
Streams	Buffer
Type S	150 feet
Pilchuck River
Stillaguamish River
Type F	100 feet
Drainage from Lake Gardner below dam	100 feet
Type Np	75 feet
To be identified by applicant	75 feet
Type Ns	50 feet
To be identified by applicant	50 feet

(ii) Federal, State and Local Habitats and Species.

A. Except for waters subject to subsection (J)(8)(a) of this section, and bald eagles subject to subsection (J)(8)(a)(ii)(B) of this section, the establishment of buffer areas may be required for regulated activities in or adjacent to federal, state and local species and habitat areas as designated pursuant to this section. Buffers shall consist of an undisturbed area of native vegetation established to protect the integrity, functions and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby. Buffers shall be determined by the department based on information in the biological/habitat report, supplemented by its own investigations, the intensity and design of the proposed use, and adjacent uses and activities. Buffers are not intended to be established or to function independently of the habitat they are established to protect. Buffers shall be measured from the edge of the habitat area.

B. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules (WAC 232-12-292).

(b) Where existing buffer area plantings provide minimal vegetative cover and cannot provide the minimum water quality or habitat functions, buffer enhancement shall be required. Where buffer enhancement is required, a plan shall be prepared that includes plant densities that are not less than five feet on center for shrubs and 10 feet on center for trees. Monitoring and maintenance of plants shall be required in accordance with this section. Existing buffer vegetation is considered “inadequate” and will require enhancement through additional native plantings and removal of nonnative plants when:

(i) Nonnative or invasive plant species provide the dominate cover;

(ii) Vegetation is lacking due to disturbance and stream resources could be adversely affected; or

(iii) Enhancement planting in the buffer could significantly improve buffer functions. If, according to the buffer enhancement plan, additional buffer mitigation is not sufficient to protect the habitat, the city shall require larger buffers where it is necessary to protect habitat functions based on site-specific characteristics.

(i) Stream Buffers. All buffers shall be measured from the ordinary high water mark as identified in the field or, if that cannot be determined, from the top of the bank. In braided channels and alluvial fans, the ordinary high water mark or top of bank shall be determined so as to include the entire stream feature;

(ii) Combination Buffers. Any stream adjoined by a wetland or other adjacent habitat area shall have the buffer which applies to the wetland or other habitat area unless the stream buffer requirements are more expansive.

(d) Buffer widths may be modified by averaging buffer widths as set forth herein:

(i) Buffer width averaging shall be allowed only where the applicant demonstrates to the designated official that the average will not impair or reduce habitat, water quality purification and enhancement, stormwater detention, ground water recharge, shoreline protection and erosion protection and other functions of the stream and buffer, that the lower intensity land uses would be located adjacent to areas where the buffer width is reduced, and that the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging.

(ii) Notwithstanding the reductions permitted in subsection (J)(8)(d)(i) of this section, buffer widths shall not be reduced by more than 25 percent of the required buffer.

(e) The buffer width stated in subsection (J)(8)(a)(i) of this section shall be increased in the following circumstances:

(i) When the adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse habitat impacts; or

(ii) When the standard buffer has minimal or degraded vegetative cover that cannot be improved through enhancement; or

(iii) When the minimum buffer for a habitat extends into an area with a slope of greater than 25 percent, the buffer shall be the greater of:

A. The minimum buffer for that particular habitat; or

B. Twenty-five feet beyond the point where the slope becomes 25 percent or less.

(f) The designated official may authorize the following low impact uses and activities, provided they are consistent with the purpose and function of the habitat buffer and do not detract from its integrity. The uses and activities may be permitted within the buffer depending on the sensitivity of the habitat involved. To the extent reasonably practicable, examples of uses and activities which may be permitted in appropriate cases include pedestrian trails, viewing platforms, interpretive signage, utility easements and the installation of underground utilities pursuant to best management practices. Uses permitted within the buffer shall be located in the outer 25 percent of the buffer.

(g) Trails and Open Space. For walkways and trails, associated open space in critical buffers located on public property or on private property where easements or agreements have been granted for such purposes, all of the following criteria shall be met:

(i) The trail, walkway and associated open space shall be consistent with the comprehensive parks, recreation, and open space master plan. The city may allow private trails as a part of the approval site plan, subdivision or other land use permit approvals.

(ii) Trails and walkways shall be located in the outer 25 percent of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for:

A. Trail segments connecting to existing trails where an alternative alignment is not practical.

B. Public access points to water bodies spaced periodically along the trail.

(iii) Enhancement of the buffer area is required where trails are located in the buffer. Where enhancement of the buffer area adjacent to a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required.

(iv) Trail widths shall be a maximum width of 10 feet. Trails shall be constructed of permeable materials; provided, that impervious materials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already dedicated trail, or reduces potential for other environmental impacts.

(h) Allowed Activity – Utilities in Streams. New utility lines and facilities may be permitted to cross water bodies in accordance with an approved supplemental stream/lake study if they comply with the following criteria:

(i) Fish and wildlife habitat areas shall be avoided to the maximum extent possible; and

(ii) The utility is designed consistent with one or more of the following methods:

A. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone; or

B. The utilities shall cross at an angle greater than 60 degrees to the centerline of the channel in streams perpendicular to the channel centerline; or

C. Crossings shall be contained within the footprint of an existing road or utility crossing; and

(iii) New utility routes shall avoid paralleling the stream or following a down-valley course near the channel; and

(iv) The utility installation shall not increase or decrease the natural rate of shore migration or channel migration; and

(v) Seasonal work windows are determined and made a condition of approval; and

(vi) Mitigation criteria of this section are met.

(i) Stormwater management facilities, such as biofiltration swales, may be located within the outer 25 percent of buffers only if they will have no negative effect on the functions and purpose the buffers serve for the fish and wildlife habitat areas. Stormwater detention ponds shall not be allowed in fish and wildlife habitat areas or their required buffers.

(j) For subdivisions and short subdivisions, the applicable wetland and associated buffer requirements for any development or redevelopment of uses specifically identified in, and approved as part of, the original subdivision or short subdivision application shall be those requirements in effect at the time that the complete subdivision application was filed; provided, that for subdivisions this provision shall be limited to final plats reviewed and approved under Chapter 19.05 GFMC or as amended at the time of final plat approval. However, at the discretion of the designated official a buffer enhancement plan may be required in accordance with subsection (J)(8)(b)(iii) of this section if the wetland or buffer has become degraded or is currently not functioning or if the wetland and/or buffer may be negatively affected by the proposed new development.

(k) Minor additions or alterations such as decks and small additions less than 120 square feet, interior remodels, or tenant improvements which have no impact on the habitat or buffer shall be exempt from the buffer enhancement requirements.

(l) Required buffers shall not deny all reasonable use of property. A variance from buffer width requirements may be granted by the hearing examiner upon a showing by the applicant that:

(i) There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location or surroundings that do not apply generally to other properties and which support the granting of a variance from the buffer width requirements; and

(ii) Such buffer width variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated property but which because of special circumstances is denied to the property in question; and

(iii) The granting of such buffer width variance will not be materially detrimental to the public welfare or injurious to the property or improvement; and

(iv) The granting of the buffer width variance will not materially affect the subject habitat area; and

(v) If a variance application for stream buffers is merged with a pending shoreline development permit application, the applicant shall pay the city a single fee equal to the amount of the shoreline permit; and

(vi) No variance from stream buffers shall be granted which is inconsistent with the policies of the Shoreline Management Act of the state of Washington and the city’s shoreline master program of the city of Granite Falls; and

(vii) Best available science, as set forth in this section, shall be taken into consideration in the granting of a buffer width variance.

(9) Fish and Wildlife Habitat Alteration and Mitigation. After careful consideration of the potential impacts and a determination that impacts are unavoidable, unavoidable impacts to streams, associated fish buffers and wildlife habitat not exempt under this section, granted a variance under this section, or meeting the criteria for a reasonable use exemption shall be mitigated as follows:

(a) Adverse impacts to habitat functions and values shall be mitigated to the extent feasible and reasonable. Mitigation actions by an applicant or property owner shall occur in the following preferred sequence:

(i) Avoiding the impact altogether by not taking a certain action or parts of actions;

(ii) Minimizing impacts by limiting the degree of magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

(iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

(iv) Reducing or eliminating the impact over time by preservation and maintenance operations;

(v) Compensating for the impact by replacing or providing substitute resources or environments;

(vi) Monitoring the impact and taking appropriate corrective measures in accordance with this section.

(b) Where impacts cannot be avoided, the applicant or property owner shall implement other appropriate mitigation actions in compliance with the intent, standards and criteria of this section. In an individual case, these actions may include consideration of alternative site plans and layouts, reductions in the density or scope of the proposal, and implementation of the performance standards listed in this section.

(c) Alteration of habitat and their buffers may be permitted by the designated official subject to the following standards:

(i) Type S Streams. Alterations of Type S streams shall be avoided, subject to the reasonable use provisions of this chapter and conformance with the city of Granite Falls shoreline management master program. Access to the shoreline will be permitted for water-dependent and water-oriented uses subject to the mitigation sequence referred to in subsections (J)(9)(a) and (b) of this section;

(ii) Type F, Np and Ns Streams. Alterations of Type F, Np and Ns streams may be permitted; provided, that the applicant mitigates adverse impacts consistent with the performance standards and other requirements of this chapter; and provided, that no overall net loss will occur in stream functions and fish habitat;

(iii) Relocation of a stream may occur only when it is part of an approved mitigation or rehabilitation plan, and will result in equal or better habitat and water quality, and will not diminish the flow capacity of the stream.

(10) Fish and Wildlife Mitigation Standards, Criteria and Plan Requirements.

(a) Location and Timing of Mitigation.

(i) Mitigation shall be provided on site, except where on-site mitigation is not scientifically feasible or practical due to physical features of the property. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on site.

(ii) When mitigation cannot be provided on site, mitigation shall be provided in the immediate vicinity of and within the same watershed as the permitted activity on property owned and controlled by the applicant, where practical and beneficial to the fish and wildlife habitat resources. When possible, this means within the same watershed as the location of the proposed project.

(iii) In-kind mitigation, as defined in this section, shall be provided except when the applicant demonstrates and the designated official concurs the greater functional and habitat value can be achieved through out-of-kind mitigation, as defined in this section.

(iv) Only when it is determined by the designated official that subsections (J)(10)(a)(i), (ii) and (iii) of this section are inappropriate or impractical shall off-site out-of-kind mitigation be considered.

(v) Any agreed-upon proposal shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule has been approved by the designated official.

(11) Fish and Wildlife Habitat Performance Standards and Incentives.

(a) The habitat performance standards and criteria contained in this section shall be incorporated into plans submitted for regulated activities. It is recognized that in specific situations, all the listed standards may not apply or be feasible to implement or individual standards may conflict, in which case the standard(s) most protective of the environment shall apply.

(i) Consider habitat in site planning and design;

(ii) Locate buildings and structures in a manner that preserves and minimizes adverse impacts to important habitat areas;

(iii) Integrate retained habitat into open space and landscaping;

(iv) Where possible, consolidate habitat and vegetated open space in contiguous blocks;

(v) Locate habitat contiguous to other habitat areas, open space or landscaped areas to contribute to a continuous system or corridor that provides connections to adjacent habitat areas and allows movement of wildlife;

(vi) Use native species in any landscaping of disturbed or undeveloped areas and in any enhancement of habitat or buffers;

(vii) Emphasize heterogeneity and structural diversity of vegetation in landscaping, and food-producing plants beneficial to wildlife and fish;

(viii) Remove and control any noxious or undesirable species of plants and animals;

(ix) Preserve significant trees and snags, preferably in groups, consistent with achieving the objectives of these standards;

(x) Buffers shall be surveyed, staked, and fenced with erosion control and/or clearing limits fencing prior to any construction work, including grading and clearing, that may take place on the site; and

(xi) Temporary and erosion sedimentation controls, pursuant to an approved plan, shall be implemented during construction.

(b) A landscape plan shall be submitted consistent with the requirements, goals, and standards of this chapter. The plan shall reflect the report prepared pursuant to this section.

(c) As an incentive to encourage preservation of secondary and tertiary habitat, as those terms are defined in this chapter, the net amount of landscaping required by the city of Granite Falls may be reduced by one-quarter acre for each one acre of secondary or tertiary habitat and buffer preserved on the site; however, that amount cannot exceed 50 percent of the amount of required landscaping. The reduction shall be calculated on the basis of square feet or habitat preserved or enhanced and square feet of landscaping required. Habitat and habitat buffer that is enhanced by the applicant may also qualify for this reduction. Preservation of secondary or tertiary habitat shall be assured by the execution of an easement or other protective device acceptable to the city of Granite Falls.

(12) Fish and Wildlife Habitat Monitoring Program and Contingency Plan.

(a) A monitoring program shall be implemented to determine the success of the mitigation project and any necessary corrective actions. This program shall determine if the original goals and objectives are being met.

(b) A contingency plan shall be established for compensation in the event that the mitigation project is inadequate or fails. A performance, monitoring, and maintenance bond or other acceptable security device is required to ensure the applicant’s compliance with the terms of the mitigation agreement. The amount of the performance, monitoring, and maintenance bond shall equal 125 percent of the cost of the mitigation project for a period of five years; provided, that the designated official may agree to reduce the bond in phases, in proportion to work successfully completed over the period of the bond. Failure to complete any required performance, monitoring, and maintenance shall result in forfeiture of the guarantee. Applicants who have previously defaulted will no longer be allowed to post a bond for performance, monitoring, and maintenance but will instead be required to submit an assignment of bank account to the city of Granite Falls for two times the cost of the mitigation project.

(i) During monitoring, best available scientific procedures shall be used as the method of establishing the success or failure of the project;

(ii) For vegetation determinations, permanent sampling points shall be established;

(iii) For measurement purposes, vegetative success shall equal 80 percent survival of planted trees and shrubs and 80 percent cover of desirable understory or emergent species;

(iv) Monitoring reports shall be submitted on the current status of the mitigation project to the designated official. The reports shall be prepared by a qualified scientific professional and reviewed by the city, shall to the extent applicable include monitoring information on wildlife, vegetation, water quality, water flow, stormwater storage and conveyance, and existing or potential degradation, and shall be produced on the following schedule:

A. At time of construction;

B. Thirty days after planting;

C. Early in the growing season of the first year;

D. End of the growing season of first year;

E. Twice the second year; and

F. Annually thereafter;

(v) Monitoring shall occur three, four or five growing seasons, depending on the complexity of the fish and wildlife habitat system. The monitoring period will be determined by the designated official and specified in writing prior to the implementation of the site plan;

(vi) The applicant shall, if necessary, correct for failures in the mitigation project;

(vii) The applicant shall replace dead or undesirable vegetation with appropriate plantings based on the approved planting plan or this section;

(viii) The applicant shall repair damage caused by erosion, settling, or other geomorphological processes;

(ix) Correction procedures shall be approved by a qualified scientific professional and the designated official; and

(x) In the event of failure of the mitigation project, the applicant shall redesign the project and implement the new design.

(13) Aquifer Recharge Areas.

(a) The following regulations for aquifer recharge areas are consistent with the Department of Ecology’s critical aquifer recharge areas (CARAs) guidance.

(b) Requirement for Hydrogeologic Assessment. The following uses of land shall require a hydrogeologic assessment of the proposed site if the site is located within a high significance aquifer recharge area:

(i) Hazardous substance processing or handling;

(ii) Hazardous waste treatment and storage facility;

(iii) Disposal of on-site sewage for subdivisions, short plats, and commercial and industrial sites;

(iv) Feedlots;

(v) Landfills;

(vi) Sludge land application sites over 40 acres or with an annual application rate of greater than two dry tons of sludge per acre.

(i) The hydrogeologic assessment shall be submitted by a firm with experience in preparing hydrogeologic assessments.

(ii) The hydrogeologic assessment must show that the use does not pose a threat to the aquifer system and that the proposed use will not cause contaminants to enter the aquifer.

(iii) Uses requiring a hydrogeologic assessment may be conditioned or denied based upon the city’s evaluation of the hydrogeologic assessment. Any project denied a permit based on the city’s evaluation shall receive a written explanation of the reason(s) for the denial and an explanation of the measures required, if any, to comply with these regulations.

(d) The hydrogeologic assessment shall include but is not limited to:

(i) Information sources;

(ii) Geologic setting;

(iii) Background water quality;

(iv) Location and depth to perched water tables;

(v) Recharge potential of the facility site;

(vi) Ground water flow direction and gradient;

(vii) Currently available data on wells within 1,000 feet of the site;

(viii) Currently available data on springs within 1,000 feet of the site;

(ix) Surface water location and recharge potential;

(x) Discussion of the effects of the proposed project on the ground water resource;

(xi) Other information as may be required by the city;

(xii) All wellhead zones shall be protected if classified as a sole-source aquifer.

(e) Impervious Surfaces. Uses located within high significance aquifer recharge areas and that are not required to submit a hydrogeologic assessment shall minimize the extent of impervious surfaces on the site.

(14) Flood Hazard Areas. Development sites within flood hazard areas shall conform to the requirements of the Snohomish County shorelines master program and to the requirements of subsection (I)(6) of this section. The requirements for developments in flood hazard areas shall be consistent with the FEMA requirements for the National Flood Hazard Insurance Program. [Ord. 960 § 14 (Exh. M), 2018; Ord. 925 § 2 (Exh. A), 2017; Ord. 905 § 1 (Att. A), 2016; Ord. 904 § 29, 2015; Ord. 862 § 52, 2013; Ord. 740 § 1 (Exh. A), 2007.]

19.07.030 Shoreline management.

RCW 36.70A.480(1) requires incorporation of goals and policies into comprehensive plans that guide development regulations for specific shoreline uses including measures for conservation, economic development, recreation, housing, and others. All other portions of the shoreline master program for a city adopted under Chapter 90.58 RCW, including use regulations, shall be considered a part of the city’s development regulations. The city of Granite Falls shoreline master program provisions, regulations, standards, and criteria pursuant to Ordinance No. 844-2013 and subsequent amendments are incorporated herein by reference. [Ord. 905 § 1 (Att. A), 2016; Ord. 862 § 53, 2013; Ord. 740 § 1 (Exh. A), 2007.]

19.07.035 Flood damage prevention.

(A) General.

(1) Statutory Authorization. The Legislature of the state of Washington has delegated the responsibility to local governmental units to adopt floodplain management regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city of Granite Falls does ordain as follows:

(2) Findings of Fact.

(a) Areas of the city of Granite Falls are subject to periodic inundation and channel migration which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for protection and relief from flooding and channel migration, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(b) When floodplains and watersheds are developed without taking appropriate care and precautions, flood heights, frequencies, and velocities increase, causing a greater threat to humans, damage to property, destruction of natural floodplain functions, and adverse impacts to water quality and habitat.

(c) Rivers, streams, lakes, estuarine and marine areas and their floodplains are major elements of healthy aquatic and riparian habitats and conveyance of flood waters. If watersheds, rivers, streams, lakes, estuaries, floodplains and other systems are not viewed holistically as biological and geomorphological units, it can lead to serious degradation of habitat and increased flood hazards to people and human development.

(d) Over the years, natural processes have evolved that manage flood waters and channel flows in the most effective and efficient manner. Disruption of these processes by altering land cover, stream channels, wetlands, and other water bodies leads to increased flood hazards, loss of life and property, threats to public health, and loss of habitat.

(3) Purpose. It is the purpose of this section to promote the public health, safety, and general welfare by managing development in order to:

(a) Protect human life, health and property from the dangers of flooding;

(b) Minimize the need for publicly funded and hazardous rescue efforts to save those who are isolated by flood waters;

(d) Minimize disruption of commerce and governmental services;

(e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges;

(f) Maintain a stable tax base by providing for the sound use of flood-prone areas so as to minimize future flood blight areas;

(g) Ensure that those who occupy areas subject to flooding and channel migration assume responsibility for their actions;

(h) Qualify the city of Granite Falls for participation in the National Flood Insurance Program, thereby giving citizens and businesses the opportunity to purchase flood insurance and making available flood disaster relief;

(i) Maintain the quality of water in rivers, streams, lakes, estuaries, and marine areas and their floodplains so as to protect public water supplies, areas of the public trust, and wildlife habitat protected by the Endangered Species Act;

(j) Retain the natural channel, shoreline, and floodplain creation processes and other natural floodplain functions that protect, create, and maintain habitat for threatened and endangered species;

(k) Prevent or minimize loss of hydraulic, geomorphic, and ecological functions of floodplains and stream channels.

(4) Lands to Which This Section Applies. This section shall apply to the regulatory floodplain, which is comprised of the special flood hazard area and all protected areas within the jurisdiction of the city of Granite Falls, as defined in subsection (C) of this section.

(5) Approach. In order to achieve the listed purposes, this section:

(a) Defines and clarifies the terms and phrases used in this section in subsection (B) of this section.

(b) Identifies in subsection (C) of this section the regulatory floodplain, the special flood hazard area, and the protected area and the supporting technical data needed to delineate those areas.

(c) Establishes a permit requirement in subsection (D) of this section so that all human development that may affect flood hazards, water quality, and habitat is reviewed before it is constructed.

(d) Sets minimum protection standards in subsection (E) of this section for all development to ensure that the development will not increase the potential for flood damage or adversely affect natural floodplain functions.

(e) Sets minimum standards to protect new and substantially improved structures from flood damage in subsection (F) of this section.

(f) Specifies additional habitat protection criteria in subsection (G) of this section. Some small projects do not need a permit. For all other development projects, the applicant must assess their impact on those factors that contribute to increased flood hazard and degradation of habitat. If the assessment concludes that there will be an adverse impact, the permit will be denied, unless the project is redesigned to mitigate the adverse impacts.

(6) Penalties for Noncompliance. No development shall be undertaken or placed in the areas regulated by this section without full compliance with the terms of this section and other applicable regulations of the city of Granite Falls. Violations of the provisions of this section by failure to comply with any requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the city of Granite Falls from taking such other lawful action as is necessary to prevent or remedy any violation. Each violation or each day of continued unlawful activity shall constitute a separate violation.

(7) Interpretation. In the interpretation and application of this section, all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the city of Granite Falls; and

(8) Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, deed restrictions, codes or chapters. However, where this section and another code, chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(9) Warning and Disclaimer of Liability. The degree of property and habitat protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods and movement of channels outside of mapped channel migration zone areas can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This section does not imply that land outside the regulated areas or development permitted within such areas will be free from flood or erosion damage. This section shall not create liability on the part of the city of Granite Falls or any officer or employee thereof for any damage to property or habitat that results from reliance on this section or any administrative decision lawfully made hereunder.

(10) Severability. The provisions and sections of this section shall be deemed separable and the invalidity of any portion of this section shall not affect the remainder.

(B) Definitions. Unless specifically defined below, terms or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

“Adversely affect/adverse effect” means effects that are a direct or indirect result of the proposed action or its interrelated or interdependent actions and the effect is not discountable, insignificant or beneficial. Discountable effects are extremely unlikely to occur. Insignificant effects relate to the size of the impact and should never reach the scale where a take occurs. Based on best judgment, a person would not: (1) be able to meaningfully measure, detect, or evaluate insignificant effects; or (2) expect discountable effects to occur. Beneficial effects are contemporaneous positive effects without any adverse effects. In the event that the overall effect of the proposed action is beneficial, but is also likely to cause some adverse effects, then the proposed action is considered to result in an adverse effect.

“Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body.

“Appeal” means a request for a review of the interpretation of any provision of this section or request for a variance.

“Appurtenant structure” means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

“Area of shallow flooding” means designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as Zone A, AO, AH, A1-30, AE, A99, or AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.”

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”).

“Base flood elevation” means the elevation to which flood waters are expected to rise during the base flood.

“Basement” means any area of the structure having its floor subgrade (below ground level) on all sides.

Building. See “Structure.”

“Channel migration area” means the area within the lateral extent of likely stream channel movement due to stream bank destabilization and erosion, rapid stream incision, aggradation, avulsions, and shifts in location of stream channels.

“Critical facility” means a facility necessary to protect the public health, safety and welfare during a flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency operations and installations, water and wastewater treatment plants, electric power stations, and installations which produce, use, or store hazardous materials or hazardous waste (other than consumer products containing hazardous substances or hazardous waste intended for household use).

“Development” means any manmade change to improved or unimproved real estate in the special flood hazard area (SFHA), including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of more than five percent of the native vegetation on the property, or alteration of natural site characteristics.

“Elevation certificate” means an administrative tool of the National Flood Insurance Program used to provide elevation information, to determine the proper flood insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).

“FEMA” means the Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.

“Fish and wildlife habitat conservation area” means lands needed to maintain species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. These areas are designated by the city of Granite Falls pursuant to the Washington State Growth Management Act (WAC 365-190-080).

“Flood” or “flooding” means:

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters;

(b) The unusual and rapid accumulation of runoff of surface waters from any source;

(c) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition.

“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

“Flood insurance study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a flood elevation study.

“Flood proofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

“Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flood” or “flooding.”

“Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations.

“Floodplain management” means the operation of an overall program of collective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

“Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

“Floodway” means the channel of a stream or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Historic structure” means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior, or

(b) Directly by the Secretary of the Interior in states without approved programs.

“Hyporheic zone” means a saturated layer of rock or sediment beneath and/or adjacent to a stream channel that contains some proportion of channel water or that has been altered by channel water infiltration.

“Impervious surface” means a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a structure’s lowest floor; provided, that such enclosure is compliant with subsection (F)(2)(f) of this section (i.e., provided there are adequate openings to allow flood waters into the area).

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

“Native vegetation” means plant species that are indigenous to the community’s area and that reasonably could be expected to naturally occur on the site.

“Natural floodplain functions” means the contribution that a floodplain makes to support habitat, including, but not limited to, providing flood storage and conveyance, reducing flood velocities, reducing sedimentation, filtering nutrients and impurities from runoff, processing organic wastes, moderating temperature fluctuations, and providing breeding and feeding grounds, shelter, and refugia for aquatic or riparian species.

“New construction” means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

“Protected area” means the lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration area. Because of the impact that development can have on flood heights and velocities and habitat, special rules apply in the protected area.

“Recreational vehicle” means a vehicle:

(1) Built on a single chassis; and

(2) Four hundred square feet or less when measured at the largest horizontal projection; and

(3) Designed to be self-propelled or permanently towable by an automobile or light duty truck; and

(4) Designed primarily for use as temporary living quarters for recreational, camping, travel, or seasonal use, not as a permanent dwelling.

“Regulatory floodplain” means the area of the special flood hazard area plus the protected area, as defined in this subsection. The term also includes newly designated areas that are delineated pursuant to subsection (C)(5) of this section.

“Riparian” means of, adjacent to, or living on the bank of a river, lake, pond, ocean, sound, or other water body.

“Riparian habitat zone” means the water body and adjacent land areas that are likely to support aquatic and riparian habitat as detailed in subsection (C)(4)(c) of this section.

“SFHA” means special flood hazard area.

“Special flood hazard area” means the land in the floodplain within a community subject to inundation by the base flood. Special flood hazard areas are designated on flood insurance rate maps with the letter “A” or “V” including A, AE, AO, AH, A1-30 and VE. The special flood hazard area is also referred to as the area of special flood hazard or SFHA.

“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory structures not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

“Substantial damage” also means flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed.

The term does not include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

The term does not include any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure.”

“Variance” means a grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section.

“Water typing” means a system for classifying water bodies according to their size and fish habitat characteristics. The Washington Department of Natural Resources’ forest practices water typing classification system is hereby adopted by reference. The system defines four water types:

(1) Type “S” – shoreline: Streams that are designated “shorelines of the state,” including marine shorelines.

(2) Type “F” – fish: Streams that are known to be used by fish or meet the physical criteria to be potentially used by fish.

(3) Type “Np” – nonfish perennial streams.

(4) Type “Ns” – nonfish seasonal streams.

“Zone” means one or more areas delineated on the FIRM. The following zones may be used on the adopted FIRM. The special flood hazard area is comprised of the A and V zones.

(1) A: SFHA where a detailed study was not performed, and no base flood elevation is provided.

(2) A#: Numbered A zones (e.g., A7 or A14), SFHA with a base flood elevation.

(3) AE: SFHA with a base flood elevation.

(4) AO: SFHA subject to inundation by shallow flooding usually resulting from sheet flow on sloping terrain, with average depths between one and three feet. Average flood depths are shown.

(5) AH: SFHA subject to inundation by shallow flooding (usually areas of ponding) with average depths between one and three feet. Base flood elevations are shown.

(6) B: An area of moderate risk flood hazard, usually shown as the area between the SFHA and the 500-year flood of the primary source of flooding. It may also be used to show areas of lesser hazard, such as an area with shallow flooding less than one foot, an area with a contributing watershed of less than one square mile, or an area protected by a levee from the base flood. Also shown on FIRM as X (shaded).

(7) C: An area of minimal flood hazard, as above the 500-year flood level of the primary source of flooding. C zones may have ponding and local drainage problems that do not warrant a detailed study or being mapped as a special flood hazard area. Also shown on FIRM as X.

(8) D: Area of undetermined but possible flood hazard.

(9) V: The SFHA subject to coastal high hazard flooding including waves of three feet or greater in height. There are three types of V zones: V, V1-30#, and VE, and they correspond to the A zone designations.

(10) X: The area outside the mapped SFHA, the same as Zone C.

(11) Shaded X: The same as a Zone B, in subsection (6) of this definition.

(1) Regulatory Floodplain. The regulatory floodplain is comprised of the special flood hazard area and all protected areas within the jurisdiction of the city of Granite Falls. The term also includes areas delineated pursuant to subsection (C)(5) of this section.

(2) Special Flood Hazard Area.

(a) The special flood hazard area (SFHA) is the area subject to flooding by the base flood and subject to the provisions of this chapter.

(b) Upon receipt of a floodplain development permit application, the city’s designated official shall compare the elevation of the site to the base flood elevation. A development project is not subject to the requirements of this section if it is located on land that can be shown to be:

(i) Outside the protected area; and

(ii) Higher than the base flood elevation.

The city’s designated official shall inform the applicant that the project may still be subject to the flood insurance purchase requirements unless the owner receives a letter of map amendment from FEMA.

(c) The city’s designated official shall make interpretations where needed, as to the exact location of the boundaries of the regulatory floodplain, the SFHA and the protected area (e.g., where there appears to be a conflict between the mapped SFHA boundary and actual field conditions as determined by the base flood elevation and ground elevations). The applicant may appeal the city’s designated official interpretation of the location of the boundary to the Granite Falls city council.

(3) Flood Hazard Data.

(a) The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled “The Flood Insurance Study (FIS) for Snohomish County, Washington, and Incorporated Areas” dated June 19, 2020, with accompanying flood insurance rate maps (FIRMs) dated June 19, 2020, are hereby adopted by reference and declared to be a part of this chapter. The FIS and FIRM panels are on file at City Hall located at 215 S. Granite Avenue.

(b) The base flood elevation for each SFHA delineated as a “Zone AH” or “Zone AO” shall be that elevation (or depth) delineated on the flood insurance rate map. Where base flood depths are not available in Zone AO, the base flood elevation shall be considered to be two feet above the highest grade adjacent to the structure.

(c) The base flood elevation for all other SFHAs shall be as defined in subsections (C)(3)(f) and (C)(5)(d) of this section.

(d) The flood protection elevation (FPE) shall be the base flood elevation as shown on the FIRM plus two feet.

(e) The floodway shall be as delineated on the flood insurance rate map or in accordance with subsections (C)(3)(f) and (C)(5)(d) of this section.

(f) Where base flood elevation and floodway data have not been provided in special flood hazard areas, the city’s designated official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source.

(4) Protected Area.

(a) The protected area is composed of those lands that lie within the boundaries of the floodway, the riparian habitat zone, and the channel migration area.

(b) In riverine areas, where a floodway has not been designated in accordance with subsections (C)(3)(e), (C)(3)(f) and (C)(5)(d) of this section, the protected area is composed of those lands that lie within the boundaries of the riparian habitat zone, the channel migration zone area, and the SFHA.

(c) Riparian Habitat Zone. The riparian habitat zone includes those watercourses within the SFHA and adjacent land areas that are likely to support aquatic and riparian habitat.

(i) The size and location of the riparian habitat zone is dependent on the type of water body. The riparian habitat zone includes the water body and adjacent lands, measured perpendicularly from ordinary high water on both sides of the water body:

A. Marine and lake shorelines and Type S streams that are designated “shorelines of the state”: 250 feet.

B. Type F streams (fish-bearing) streams greater than five feet wide and marine shorelines: 200 feet.

C. Type F streams less than five feet wide and lakes: 150 feet.

D. Type N (non-salmonid-bearing) perennial and seasonal streams with unstable slopes: 225 feet.

E. All other Type N (non-salmonid-bearing) perennial and seasonal streams: 150 feet.

(ii) The riparian habitat zone shall be delineated on the site plan by the applicant at the time of application for subdivision approval or floodplain development permit for all development proposals within 300 feet of any stream or shoreline.

(d) Channel Migration Area.

(i) The channel migration zone area has not been delineated for the city of Granite Falls.

(ii) Where more than one channel migration zone has been delineated, the city’s designated official shall use the delineation that has been adopted for other local regulatory purposes.

(iii) Where a channel migration zone has not yet been mapped, the provisions of subsection (C)(5)(e) of this section shall apply at the time of permit application.

(5) New Regulatory Data.

(a) All requests to revise or change the flood hazard data, including requests for a letter of map revision and a conditional letter of map revision, shall be reviewed by the city’s designated official.

(i) The city’s designated official shall not sign the community acknowledgement form for any requests based on filling or other development, unless the applicant for the letter documents that such filling or development is in compliance with this section.

(ii) The city’s designated official shall not approve a request to revise or change a floodway delineation until FEMA has issued a conditional letter of map revision that approves the change.

(b) If an applicant disagrees with the regulatory data prescribed by this subsection, he/she may submit a detailed technical study needed to replace existing data with better data in accordance with 44 CFR Part 65. If the data in question are shown on the published FIRM, the submittal may also include a request to FEMA for a conditional letter of map revision.

(c) Where base flood elevation data are not available in accordance with subsection (C)(3) of this section, applicants for approval of new subdivisions and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than 50 lots or five acres, whichever is the lesser, shall include such data with their permit applications.

(d) Where a floodway delineation is not available in accordance with subsection (C)(3) of this section, the floodway will be designated to be one-half the distance of the mapped 100-year floodplain at any point, and prohibition on floodway development adheres, unless a floodway study indicates otherwise. This provision applies to any floodplain development permit, including those for substantial improvements.

(e) Where channel migration zone data are not available in accordance with subsection (C)(4)(d) of this section, the permit applicant shall either:

(i) Designate the entire SFHA as the channel migration zone; or

(ii) Identify the channel migration area in accordance with Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance for Floodplain Management under the National Flood Insurance Program and the Endangered Species Act, FEMA Region X, 2012.

(f) All new hydrologic and hydraulic flood studies conducted pursuant to this section shall consider future conditions and the cumulative effects from anticipated future land use changes in accordance with Regional Guidance for Hydrologic and Hydraulic Studies in Support of the Model Ordinance for Floodplain Management under the National Flood Insurance Program and the Endangered Species Act, FEMA Region X, 2012.

(g) The floodplain administrator shall use the most restrictive data available for the channel migration zone, floodways, future conditions, and riparian habitat areas.

(D) Administration.

(1) Establishment of Floodplain Development Permit. A floodplain development permit shall be obtained before construction or development begins within the regulatory floodplain. The permit shall be for all development as set forth in subsection (B) of this section, Definitions.

(2) Floodplain Development Permit Application. Application for a floodplain development permit shall be made on forms furnished by the city’s designated official and shall include, but not be limited to:

(a) One or more site plans, drawn to scale, showing:

(i) The nature, location, dimensions, and elevations of the parcel property in question;

(ii) Names and location of all lakes, water bodies, waterways and drainage facilities within 300 feet of the site;

(iii) The elevations of the 10-, 50-, 100- and 500-year floods, where the data are available;

(iv) The boundaries of the SFHA, floodway, riparian habitat zone, and channel migration zone area, delineated in accordance with subsection (C) of this section;

(v) The proposed drainage system including, but not limited to, storm sewers, overland flow paths, detention facilities and roads;

(vi) Existing and proposed structures, fill, pavement and other impervious surfaces, and sites for storage of materials;

(vii) All wetlands;

(viii) Designated fish and wildlife habitat conservation areas, and habitat areas identified for conservation or protection under state or federal or local laws or regulations (e.g., Endangered Species Act, Magnuson-Stevens Fishery Conservation and Management Act, Growth Management Act, Shorelines Management); and

(ix) Existing native vegetation and proposed revegetation.

(b) If the proposed project involves grading, excavation, or filling, the site plan shall include proposed post-development terrain at one- foot contour intervals.

(c) If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged structure that will be elevated, the application shall include the FPE for the building site and the proposed elevations of the following:

(i) The top of bottom floor (including basement, crawlspace, or enclosure floor).

(ii) The top of the next higher floor.

(iii) The bottom of the lowest horizontal structural member (in V zones only).

(iv) The top of the slab of an attached garage.

(v) The lowest elevations of all machinery and/or equipment servicing the structure.

(vi) The lowest adjacent (finished) grade next to structure.

(vii) The highest adjacent (finished) grade next to structure.

(viii) The lowest adjacent grade at the lowest elevation of a deck or stairs, including structural support.

(d) If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged nonresidential structure that will be flood proofed, the application shall include the FPE for the building site and the elevation in relation to the datum of the effective FIRM to which the structure will be flood proofed and a certification by a registered professional engineer or licensed architect that the flood proofing methods meet the flood proofing criteria in subsection (F)(3) of this section.

(e) The proposed project must be designed and located so that new structural flood protection is not needed.

(f) The application shall include a description of the extent to which a stream, lake, or other water body, including its shoreline, will be altered or relocated as a result of the proposed development.

(i) Bank stabilization measures along salmonid-bearing streams, channel migration zones, and along estuarine and marine shoreline must be minimized to the maximum extent possible. If bank stabilization measures are necessary, bioengineered armoring of streambanks and shorelines must be used.

(ii) Channel Migration. No activity is allowed that limits the natural meandering pattern of the channel migration zone; however, natural channel migration patterns may be enhanced or restored.

(g) The application shall include documentation that the applicant has applied for all necessary permits required by federal, state, or local law. The application shall include written acknowledgment that the applicant understands that the final certificate of occupancy will be issued only if the applicant has received the required federal, state, and local permits or letters stating that a permit is not required. The floodplain permit is not valid if those other permits and approvals are not obtained prior to any ground-disturbing work or structural improvements.

(h) The application shall include acknowledgment by the applicant that representatives of any federal, state or local unit of government with regulatory authority over the project are authorized to enter upon the property to inspect the development.

(3) Floodplain Development Permit Expiration. If there has been no start of construction, a floodplain development permit shall expire 180 days after the date of issuance. Where the applicant demonstrates or documents a need for an extension beyond this period due to documented regulatory requirements or conditions beyond the applicant’s control, the city’s designated official may authorize up to two 90-day extensions.

(4) Designation of the City’s Designated Official. The city’s designated official shall be city manager or his/her designee to administer and implement this section by granting or denying floodplain development permit applications in accordance with its provisions.

(5) Duties of the City’s Designated Official. Duties of the city’s designated official shall include, but not be limited to:

(a) Review all floodplain development permits to determine that the permit requirements of this section have been satisfied.

(b) Review all floodplain development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required, including those local, state or federal permits that may be required to assure compliance with the Endangered Species Act and/or other appropriate state or federal laws.

(c) Review all floodplain development permits to determine if the proposed development is located in the protected area. If located in the protected area, ensure that the provisions of subsection (G) of this section are met.

(d) Ensure that all development activities within the regulatory floodplain of the jurisdiction of the city of Granite Falls meet the requirements of this section.

(e) Inspect all development projects before, during and after construction to ensure compliance with all provisions of this section, including proper elevation of the structure.

(f) Maintain for public inspection all records pertaining to the provisions of this section.

(g) Submit reports to include the projects for which they issue floodplain development permits, including effects to flood storage, fish habitat, and all indirect effects of development and mitigation to FEMA as required for the National Flood Insurance Program.

(h) Notify FEMA of any proposed amendments to this section.

(i) Cooperate with state and federal agencies to improve flood and other technical data and notify FEMA of any new data that would revise the FIRM.

(6) Records.

(a) Where base flood elevation data have been obtained pursuant to subsections (C)(3) and (C)(5) of this section, the city’s designated official shall obtain, record, and maintain the actual “finished construction” elevations for the locations listed in subsection (D)(2)(c) of this section. This information shall be recorded on a current FEMA elevation certificate (FEMA Form 81-31), signed and sealed by a professional land surveyor currently licensed in the state of Washington.

(b) For all new or substantially improved flood proofed nonresidential structures, where base flood elevation data has been obtained pursuant to subsections (C)(3) and (C)(5) of this section, the city’s designated official shall obtain, record and maintain the elevation (in relation to the datum of the effective FIRM) to which the structure was flood proofed. This information shall be recorded on a current FEMA flood proofing certificate (FEMA Form 81-65), by a professional engineer currently licensed in the state of Washington.

(7) Certificate of Occupancy.

(a) A certification of use for the property or a certificate of occupancy for a new or substantially improved structure or an addition shall not be issued until:

(i) The permit applicant provides a properly completed, signed and sealed elevation or flood proofing certificate showing finished construction data as required by subsection (D)(6) of this section;

(ii) If a mitigation plan is required by subsections (G)(7) and (G)(8) of this section, all work identified in the plan has been completed according to the plan’s schedule;

(iii) The applicant provides copies of all federal, state, and local permits noted in the permit application per subsection (D)(2)(f) of this section;

(iv) All other provisions of this section have been met.

(b) The city’s designated official may accept a performance bond or other security that will ensure that unfinished portions of the project will be completed after the certification of use or certificate of occupancy has been issued.

(8) Board of Appeals.

(a) The Granite Falls city council, or a hearing examiner appointed by the council, shall hear and decide appeals and requests for variances from the requirements of this section.

(b) The Granite Falls city council, or a hearing examiner appointed by the council, shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city’s designated official in the enforcement or administration of this section.

(c) Upon consideration of the factors in subsection (D)(9) of this section and the purposes of this section, the Granite Falls city council, or a hearing examiner appointed by the council, may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

(d) The city’s designated official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(9) Variance Criteria.

(a) In passing upon reviewing applications for a variance, the Granite Falls city council, or a hearing examiner appointed by the council, shall consider all technical evaluations, all relevant factors, standards specified in other subsections of this section and:

(i) The danger to life and property due to flooding or erosion damage;

(ii) The danger that materials may be swept onto other lands to the injury of others;

(iii) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(iv) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

(v) The susceptibility of the proposed facility and its contents to flood or erosion damage and the effect of such damage on the individual owner;

(vi) The availability of alternative locations for the proposed use which are not subject to flooding or channel migration and are not in designated fish and wildlife habitat conservation areas;

(vii) The relationship of the proposed use to the comprehensive plan, growth management regulations, and floodplain management program for that area;

(viii) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges;

(ix) The potential of the proposed development project to destroy or adversely modify a fish and wildlife habitat conservation area;

(x) The potential of the proposed development project to affect, or be affected by, channel migration;

(xi) Shall not result in a violation of this section; and

(xii) Must be compliant with ESA.

(b) No variance shall be granted to the requirements of this section unless the applicant demonstrates that:

(i) The development project cannot be located outside the regulatory floodplain;

(ii) An exceptional hardship would result if the variance were not granted;

(iii) The relief requested is the minimum necessary;

(iv) The applicable circumstances are unique and do not represent a problem faced by other area properties;

(v) If the project is within a designated floodway, no increase in flood levels during the base flood discharge would result;

(vi) The project will not adversely affect any fish and/or wildlife habitat;

(vii) There will be no additional threat to public health, safety, beneficial stream or water uses and functions, especially habitat, or creation of a nuisance;

(viii) There will be no additional public expense for flood protection, lost environmental functions, rescue or relief operations, policing, or repairs to streambeds, shorelines, banks, roads, utilities, or other public facilities; and

(ix) All requirements of other permitting agencies will still be met.

(c) Variances requested in connection with restoration of a historic site, building or structure may be granted using criteria more permissive than the above requirements, provided:

(i) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the site, building or structure; and

(ii) The repair or rehabilitation will not result in the site, building or structure losing its historic designation.

Variances to the provisions of subsection (F) of this section may be issued for a structure on a lot one-half acre or less in size and contiguous to and surrounded by lots with existing structures constructed below the FPE, providing the other variance criteria are met. The applicant for such a variance shall be notified, in writing, that the structure (i) will be subject to increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (ii) such construction below the FPE increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

(d) Variances pertain to a physical piece of property. They are not personal in nature and are not based on the inhabitants or their health, economic, or financial circumstances.

(E) General Development Standards. The provisions of this subsection (E) shall apply in the regulatory floodplain.

(1) Development Proposals. All new development proposals, including subdivisions and manufactured home parks, shall:

(a) All proposals shall be consistent with the need to minimize flood damage.

(b) The proposed subdivision shall have one or more new lots in the regulatory floodplain set aside for open space use through deed restriction, easement, subdivision covenant, or donation to a public agency.

(i) In the SFHA outside of the protected area, zoning must maintain a low density of floodplain development.

(ii) Areas in the SFHA but outside of the protected area in which the current zoning is less than five acres must maintain the current zoning.

(iii) The density of the development in the portion of the development outside the regulatory floodplain may be increased to compensate for the amount of land in the regulatory floodplain preserved as open space in accordance with GFMC 19.06.010(B).

(c) If a parcel has a buildable site outside the regulatory floodplain, it shall not be subdivided to create a new parcel lot that does not have a buildable site outside the regulatory floodplain. This provision does not apply to parcel lots set aside from development and preserved as open space.

(d) All proposals shall have utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize or eliminate flood damage.

(e) All proposals shall ensure that all buildable lots shall have at least one access road connected to land outside the regulatory floodplain with the top surface of the road at or above the FPE.

(f) All proposals shall have adequate drainage provided to avoid exposure to flood damage.

(g) The final recorded subdivision plat shall include a notice that part of the property is in the SFHA, riparian habitat zone and/or channel migration area, as appropriate.

(2) Site Design.

(a) Structures and other development shall be located to avoid flood damage.

(i) If a lot has a buildable site out of the regulatory floodplain, all new structures shall be located in that area.

(ii) If a lot does not have a buildable site out of the regulatory floodplain, all new structures, pavement, and other development must be sited in the location that has the least impact on habitat by locating the structures as far from the water body as possible or placing the structures on the highest land on the lot.

(b) All new development shall be designed and located to minimize the impact on flood flows, flood storage, water quality, and habitat.

(i) Stormwater and drainage features shall incorporate low impact development techniques that mimic predevelopment hydrologic conditions, such as stormwater infiltration, rain gardens, grass swales, filter strips, disconnected impervious areas, permeable pavement, and vegetative roof systems.

(ii) If the proposed project will create new impervious surfaces so that more than 10 percent of the parcel portion of the lot in the regulatory floodplain is covered by impervious surface, the applicant shall demonstrate that there will be no net increase in the rate and volume of the stormwater surface runoff that leaves the site or that the adverse impact is mitigated, as provided by subsections (G)(7) and (G)(8) of this section.

(i) Existing and new buildings on the site will be protected from stormwater runoff; and

(ii) The project will not divert or increase surface water runoff onto neighboring properties.

(3) Hazardous Materials. No new development shall create a threat to public health, public safety, or water quality. Chemicals, explosives, gasoline, propane, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other materials that are hazardous, toxic, or a threat to water quality are prohibited from the regulatory floodplain. This prohibition does not apply to small quantities of these materials kept for normal household use.

(4) Critical Facilities.

(a) Construction of new critical facilities shall be, to the extent possible, located outside the limits of the regulatory floodplain.

(b) Construction of new critical facilities shall be permissible if no feasible alternative site is available, provided:

(i) Critical facilities shall have the lowest floor elevated three feet above the base flood elevation or to the height of the 500-year flood, whichever is higher. If there is no available data on the 500-year flood, the permit applicants shall develop the needed data in accordance with FEMA mapping guidelines.

(ii) Access to and from the critical facility shall be protected to the elevation of the 500-year flood.

(F) Standards for Protection of Structures. The provisions of this subsection shall apply in the special flood hazard area. All new structures and substantial improvements shall be protected from flood damage below the flood protection elevation.

(1) Applicability. This subsection’s protection requirement applies to all new structures and substantial improvements, which include:

(a) Construction or placement of a new structure.

(b) Reconstruction, rehabilitation, or other improvement that will result in a substantially improved building.

(d) Placing a manufactured home on a site.

(e) Placing a recreational vehicle or travel trailer on a site for more than 180 days.

(2) Flood Protection Standards.

(a) All new structures and substantial improvements shall have the lowest floor, including basement, elevated two feet above the base flood elevation.

(b) The structure shall be aligned parallel with the direction of flood flows.

(c) The structure shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(d) All materials below the FPE shall be resistant to flood damage and firmly anchored to prevent flotation. Materials harmful to aquatic wildlife, such as creosote, are prohibited below the FPE.

(e) Electrical, heating, ventilation, duct work, plumbing, and air-conditioning equipment and other service facilities shall be elevated above the FPE. Water, sewage, electrical, and other utility lines below the FPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding.

(f) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be used only for parking, storage, or building access and shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement shall either be certified by a registered professional engineer or licensed architect or meet or exceed the following minimum criteria:

(i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(ii) The bottom of all openings shall be no higher than one foot above grade.

(iii) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of flood waters.

(3) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall be elevated in accordance with subsection (F)(2) of this section. As an alternative to elevation, a new or substantial improvement to a nonresidential structure and its attendant utility and sanitary facilities may be flood proofed. The project must meet the following:

(a) Below the FPE the structure is watertight with walls substantially impermeable to the passage of water; and

(b) The structural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(c) The plans are certified by a registered professional engineer or licensed architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the city’s designated official as set forth in subsections (D)(6)(b) and (D)(7)(a)(i) of this section.

(4) Manufactured Homes. All manufactured homes to be placed or substantially improved on sites shall be:

(a) Elevated on a permanent foundation in accordance with subsection (F)(2) of this section; and

(b) Securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to other applicable anchoring requirements for resisting wind forces.

(5) Recreational Vehicles. Recreational vehicles placed on sites shall:

(a) Be on the site for fewer than 180 consecutive days; or

(b) Be fully licensed and ready for highway use, on their wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

(6) Small Structures. A building such as a detached garage, boathouse, pole barn, or storage shed, that is no larger than 500 square feet and is not used for human habitation, may be exempt from the elevation requirement of subsection (F)(2)(a) of this section, provided:

(a) It is used only for parking or storage;

(b) It is constructed and placed on the building site so as to offer minimum resistance to the flow of flood waters;

(d) All portions of the structure below the FPE must be constructed of flood-resistant materials;

(e) Service utilities such as electrical and heating equipment meet the standards of subsections (F)(2)(e) and (F)(2)(f) of this section;

(f) It has openings to allow free flowage of water that meet the criteria in subsection (F)(2)(f) of this section;

(g) The project meets all the other requirements of this section, including subsection (G) of this section.

(7) Utilities.

(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;

(b) Water wells shall be located outside the floodway and shall be protected to the FPE;

(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

(d) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. A habitat impact assessment shall be conducted in accordance with subsection (G)(7) of this section as a condition of approval of an on-site waste disposal system to be located in the regulatory floodplain.

(G) Standards for Habitat Protection. The provisions of this subsection shall apply in the regulatory floodplain.

(1) Nondevelopment Activities. Activities that do not meet the definition of “development” are allowed in the regulatory floodplain without the need for a floodplain development permit under this section, provided all other federal, state, and local requirements are met. The following are examples of activities not considered development or “manmade changes to improved or unimproved real estate”:

(a) Routine maintenance of landscaping that does not involve grading, excavation, or filling;

(b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with native vegetation;

(c) Normal maintenance of structures, such as reroofing and replacing siding, provided such work does not qualify as a substantial improvement;

(d) Normal maintenance of above ground public utilities and facilities, such as replacing downed power lines;

(e) Normal street and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, but not including expansion of paved areas;

(f) Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility; and

(g) Plowing and other normal farm practices (other than structures or filling) on farms in existence as of the effective date of this section.

(2) Activities Allowed with a Floodplain Permit. The following activities are allowed in the regulatory floodplain without the analysis required in subsection (G)(5) of this section or the habitat impact assessment required under subsection (G)(7) of this section, providing all other requirements of this section are met, including obtaining a floodplain development permit:

(a) Repairs or remodeling of an existing structure; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage.

(b) Expansion of an existing structure that is no greater than 10 percent beyond its existing footprint; provided, that the repairs or remodeling are not a substantial improvement or a repair of substantial damage. This measurement is counted cumulatively from the effective date of this section. If the structure is in the floodway, there shall be no change in the dimensions perpendicular to flow.

(c) Activities with the sole purpose of creating, restoring or enhancing natural functions associated with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state standards, provided the activities do not include structures, grading, fill, or impervious surfaces.

(d) Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not include structures, grading, fill, or impervious surfaces or removal of more than five percent of the native vegetation on that portion of the property in the regulatory floodplain.

(3) Other Activities. All other activities not listed in subsection (G)(1) or (G)(2) of this section that are allowed by the city’s development regulations are allowed, provided they meet all the other requirements of this section, including the analysis required in subsection (G)(5) of this section and the habitat impact assessment required under subsection (G)(7) of this section, and a floodplain development permit is issued.

(4) Native Vegetation. The site plan required in subsection (D)(2) of this section shall show existing native vegetation.

(a) In the riparian habitat zone, native vegetation shall be left undisturbed, except as provided in subsections (G)(1) and (G)(2)(c) of this section.

(b) Outside the riparian habitat zone, removal of native vegetation shall not exceed 35 percent of the surface area of the portion of the site in the regulatory floodplain. Native vegetation in the riparian habitat zone portion of the parcel property can be counted toward this requirement.

(c) If the proposed project does not meet these criteria of subsections (G)(4)(a) and (b) of this section, a habitat impact assessment shall be conducted pursuant to subsection (G)(7) of this section and, if necessary, a habitat mitigation plan shall be prepared and implemented pursuant to subsection (G)(8) of this section.

(5) Floodway Standards.

(a) In addition to the other requirements of this section, a project to develop in the floodway as delineated pursuant to subsection (C)(3)(e), (C)(3)(f) or (C)(5)(d) of this section shall meet the following criteria:

(i) The applicant shall provide a certification by a registered professional engineer demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(ii) Construction or reconstruction of residential structures is prohibited within designated floodways, except for the following. The following exceptions must still meet all other requirements in this section, including subsection (G)(5)(a)(i) of this section:

A. Repairs, reconstruction, or improvements to a residential structure which do not increase the ground floor area, providing the cost of which does not exceed 50 percent of the market value of the structure either (1) before the repair or reconstruction is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by a local code enforcement official and which are the minimum necessary to assure safe living conditions, or to an historic structure as defined under subsection (B) of this section, may be excluded from the 50 percent calculations;

B. Repairs, replacement, reconstruction, or improvements to existing farmhouses located in designated floodways and located on designated agricultural lands that do not increase the building’s total square footage of encroachment and are consistent with all requirements of WAC 173-158-075;

C. Repairs, replacement, reconstruction, or improvements to substantially damaged residential dwellings other than farmhouses that do not increase the building’s total square footage of encroachment and are consistent with all requirements of WAC 173-158-076; or

D. Repairs, reconstruction, or improvements to residential structures identified as historic structures as defined under subsection (B) of this section that do not increase the building’s dimensions.

(b) In riverine special flood hazard areas where a floodway has not been delineated pursuant to subsection (C)(3)(e), (C)(3)(f) or (C)(5)(d) of this section, the applicant for a project to develop in the SFHA shall provide a certification by a registered professional engineer demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(6) Compensatory Storage. New development shall not reduce the effective flood storage volume of the regulatory floodplain. A development proposal shall provide compensatory storage if grading or other activity displaces any effective flood storage volume. Compensatory storage shall:

(a) Provide equivalent volume at equivalent elevations to that being displaced. For this purpose, “equivalent elevation” means having similar relationship to ordinary high water and to the best available 10-year, 50-year and 100-year water surface profiles;

(b) Be hydraulically connected to the source of flooding; and

(c) Provide compensatory storage in the same construction season as when the displacement of flood storage volume occurs and before the flood season begins.

(d) The newly created storage area shall be graded and vegetated to allow fish access during flood events without creating fish stranding sites.

(7) Habitat Impact Assessment. Unless allowed under subsections (G)(1) and (G)(2) of this section, a permit application to develop in the regulatory floodplain shall include an assessment of the impact of the project on water quality and aquatic and riparian habitat. The assessment shall be either:

(a) A biological evaluation or biological assessment that has received concurrence from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, pursuant to the Endangered Species Act; or

(b) Documentation that the activity fits within a habitat conservation plan approved pursuant to Section 10 of the Endangered Species Act; or

(d) An assessment prepared in accordance with “Regional Guidance on Floodplain Habitat Assessment and Mitigation,” published by FEMA Region X, 2013. The assessment shall determine if the project would adversely affect the following:

(i) Species that are federal, state or locally listed as threatened or endangered.

(ii) The primary constituent elements for critical habitat, when designated, including but not limited to water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids.

(iii) Essential fish habitat designated by the National Marine Fisheries Service.

(iv) Fish and wildlife habitat conservation areas.

(v) Other protected areas and elements necessary for species conservation.

(8) Habitat Mitigation Plan.

(a) If the assessment conducted under subsection (G)(7) of this section concludes the project is expected to have an adverse impact on water quality and/or aquatic or riparian habitat or habitat functions, the applicant shall provide a plan to mitigate those impacts, in accordance with “Regional Guidance on Floodplain Habitat Assessment and Mitigation,” published by FEMA Region X, 2010.

(i) If the USFWS or NMFS issues an incidental take permit under Section 10 of ESA or a biological opinion under Section 7 of ESA, then it can be considered to qualify as a plan to mitigate those impacts.

(ii) If the project is located outside the protected area, the mitigation plan shall include such avoidance, minimization, restoration, or compensation measures so that indirect adverse effects of development in the floodplain are mitigated such that equivalent or better habitat protection is provided for the following functions:

A. Stormwater. Reduce flood volumes and stormwater runoff from new development by ensuring that increased volumes of stormwater reach the river at the same frequency, timing and duration as historical runoff. LID is required to be incorporated as described in subsection (G)(5)(a)(ii)(B) of this section.

B. Riparian Vegetation. Maintain or replace riparian function by providing equivalent area, diversity, and function of riparian vegetation as currently exists on the site.

C. Hyporheic Zones. No activity is allowed that interferes with the natural exchange of flow between surface water, groundwater, and hyporheic zone; however, natural hyporheic exchange may be enhanced or restored.

D. Wetlands. Wetland function must be maintained or replaced by providing equivalent function.

E. Large Woody Debris. Any large wood debris (LWD) removed from the floodplain must be replaced in kind, replicating or improving the quantity, size, and species of the existing LWD.

(iii) If the project is located in the protected area, the mitigation plan shall stipulate avoidance measures as are needed to ensure that there is no adverse effect during any phase of the project. No compensatory mitigation is allowed in the protected area.

(iv) No new stream crossings are allowed unless approval has been obtained as stated in subsection (G)(8)(a)(i) of this section.

(b) The plan’s habitat mitigation activities shall be incorporated into the proposed project. The floodplain development permit shall include the provisions of the acceptable mitigation plan and the plan shall become part of the permit record and be based on the redesigned project and its mitigation components.

(c) As required in subsection (D)(7) of this section, the city’s designated official shall not issue a certification of use or a certificate of occupancy until all work identified in the biological evaluation, biological assessment, or mitigation plan has been completed or the applicant has provided the necessary assurance that unfinished portions of the project will be completed, in accordance with subsection (D)(7)(b) of this section.

(9) Alteration of Watercourses.

(a) In addition to the other requirements in this subsection (G), an applicant for a project that will alter or relocate a watercourse shall also submit a request for a conditional letter of map revision (CLOMR), where required by the Federal Emergency Management Agency. The project will not be approved unless FEMA issues the CLOMR and the provisions of the letter are made a part of the permit requirements.

(b) The city’s designated official shall notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administrator.

(c) Assure the flood carrying capacity of said watercourse is maintained. If the maintenance program does not call for cutting of native vegetation, the system shall be oversized at the time of construction to compensate for said vegetation growth or any other natural factor that may need future maintenance.

(d) Base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the floodplain administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

(e) Notify the Federal Insurance Administrator in writing of acquisition by means of annexation, incorporation or otherwise of additional areas of jurisdiction. [Ord. 988 § 2 (Exh. A), 2020; Ord. 905 § 1 (Att. A), 2016; Ord. 904 § 30, 2015; Ord. 827 §§ 21 – 25, 2012; Ord. 799 § 1 (Exh. A), 2010.]

19.07.040 Penalties and enforcement.

(A) Enforcement – Penalties.

(1) Site Inspections. The designated official is authorized to make site inspections and take such actions as necessary to enforce this title. The designated official shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.

(2) Order Remedial Action. The designated official shall have the authority to order restoration, rehabilitation or replacement measures to compensate for the destruction or degradation of critical area lands at the owner’s expense, and may force compliance by suit filed in a court having jurisdiction.

(3) Penalty Imposed. Any person who fails to comply with the provisions of this title shall be subject to a penalty as provided in Chapter 19.11 GFMC, Enforcement, per day for each day of noncompliance, measured from the date the violation begins until the person complies with the requirements of this title.

(B) Appeals.

(1) Filing. An appeal of the designated official’s decision to require a critical area study must be filed with the city clerk within 10 working days after said decision. The hearing examiner shall initially hear the appeal as provided for in GFMC 19.04B.140, Appeal of Type I decision.

(2) Procedure. Any decision to approve, condition or deny a development or alteration proposal based on the requirements of this title may be appealed in accordance with the procedures and standards applicable to the subject development or alteration proposed. [Ord. 1030 § 5, 2022; Ord. 905 § 1 (Att. A), 2016.]