Chapter 17B.52
CRITICAL AREAS REGULATIONS (WITHIN THE TWO-HUNDRED-FOOT SHORELINE JURISDICTION)
Sections:
17B.52.010 Purpose of critical areas regulations.
17B.52.020 Critical areas defined.
17B.52.035 Native growth protection areas (NGPA) and buffers.
17B.52.036 Shoreline vegetation conservation.
17B.52.038 Incorporation of best available science.
17B.52.010 Purpose of critical areas regulations.
The purpose of the critical area regulations contained in Chapters 17B.52A through 17B.52D is:
A. To designate and classify ecologically sensitive and hazardous areas and to assure no net loss of shoreline ecological functions, while also allowing for reasonable use of private property.
B. To implement the goals, policies, guidelines, and requirements of Mukilteo’s comprehensive plan, the Washington State Growth Management Act, and the Shoreline Management Act.
C. The city of Mukilteo finds that critical areas provide a variety of valuable and beneficial biological and physical functions that benefit Mukilteo and its residents, and/or may pose a threat to human safety or to public and private property. The beneficial functions and values provided by critical areas include, but are not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation of flood waters, ground water recharge and discharge, erosion control, protection from hazards, historical, archaeological, and aesthetic value protection, and recreation. These beneficial functions are not listed in order of priority.
D. To protect critical areas in accordance with the Growth Management Act and through the application of the best available science and in consultation with state and federal agencies and other qualified professionals.
E. To limit development and alteration of critical areas and provide minimum development regulations to:
1. Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, liquefaction, tsunami or flooding;
2. Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species;
3. Preserve, replace or enhance, to the maximum extent practicable, native evergreens, specimen deciduous trees, understory and groundcover within the city;
4. To minimize water quality degradation and the sedimentation of creeks, streams, ponds, lakes, wetlands and other Puget Sound water bodies;
5. To minimize the impact of increased runoff, erosion and sedimentation on downstream properties and water bodies caused by improper land development maintenance practices;
6. To maintain and protect the habitat of threatened and endangered wildlife species;
7. To maintain and protect the Mukilteo shoreline including the protection of eelgrass and forage fish habitats;
8. To maintain and protect groundwater resources and hydraulic flows that support seasonal and year around water bodies;
9. To minimize adverse effects of alteration in ground and surface water quantities, locations and flow patterns;
10. To decrease potential landslide, flood and erosion damage to public and private property;
11. To promote site-planning building practices which are consistent with the city’s natural topographical, vegetational and hydrological features;
12. Direct activities not dependent on critical areas resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and
13. Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and fish and wildlife habitat conservation areas.
F. To provide flexibility and attention to site-specific characteristics when administering this code. It is not the intent of this code to make a parcel of property unusable by denying its owner reasonable use of the property nor to prevent the provision of public facilities and services necessary to support existing development.
G. The city of Mukilteo’s enactment or enforcement of this chapter shall not be construed to benefit any individual person or group of persons other than the general public. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.52.020 Critical areas defined.
For the purposes of the critical area regulations contained in Chapters 17B.52 through 17B.52D, “critical areas” is defined as those possessing existing slopes of forty percent or greater, or areas containing unstable soils or other geologic hazards, or natural drainage ways or ravines, areas of special flood hazard, areas of critical recharging, effect on aquifers used for potable water, water supporting hydrologic flows for seasonal or year around water bodies, or areas that have been identified as providing significant wildlife habitat by the Washington Department of Fish and Wildlife and National Marine Fisheries Service, wetland areas, or those areas defined as shoreline of Mukilteo, the state or of statewide significance. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.52.022 Exceptions.
The Shoreline Management Act does not allow critical area exemptions. Any request for changes or modifications to the standards listed herein shall be submitted via a variance application. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.52.030 Authority.
Chapters 17B.52 through 17B.52D are adopted pursuant to the Growth Management Act, Chapter 36.70A RCW, and the Shoreline Management Act, Chapter 90.58 RCW. Development regulations contained within these chapters for the protection of critical areas shall constitute adequate mitigation of adverse or significant adverse environmental impacts on critical areas for the purposes of Chapter 17B.84, implementing the State Environmental Policy Act. If an application meets the minimum standards as listed in these chapters for the protection of critical areas, no additional environmental review will be required by the city. State and federal approval may be required for work within wetlands or in water. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.52.035 Native growth protection areas (NGPA) and buffers.
A. Any area in which development is prohibited by the city’s critical area regulations shall be set aside in a native growth protection area. NGPAs shall be placed in a separate tract on which development is prohibited, protected by execution of an easement, dedicated to a conservation organization or land trust, or similarly preserved through a permanent protective mechanism acceptable to the city. The location and limitation associated with the critical area and its buffer shall be shown on the face of the deed, site plan, or plat applicable to the property and shall be recorded with the Snohomish County assessor’s office.
B. Native growth protection areas and buffers shall not be used for storage or deposit of construction debris or material, or deposit of vegetative spoils.
C. All native growth protection areas shall be shown on the development site plans or final plat map, and shall be noted as follows:
There shall be no clearing, excavation, or fill within a native growth protection area shown on the face of this site plan/plat, with the exception of required utility installation, removal of dangerous trees, thinning of woodlands for the benefit of the woodlands as determined by a certified landscape architect or arborist, and removal of obstructions on drainage courses, or as allowed under Section 17B.52A.070, Vegetation Management on Steep Slopes.
D. A temporary sign shall be placed at the boundary of all native growth protection areas during periods of construction, clearing, grading, or excavation on adjacent property. The sign shall describe the limitations of on-site disturbance and development within the native growth protection area. A permanent sign shall be placed at the boundary of all native growth protection areas describing the limitation on development. NGPA signs shall be spaced fifty feet on center along the periphery of the critical area.
E. A written report by a certified landscape architect, arborist, or wetland specialist shall be provided with all requests to modify or disturb a native growth protection area. The report shall be reviewed by the planning and public works directors, which shall approve, condition, or reject the request based on findings presented.
F. Development in city owned gulches that are zoned parks and open space is limited to those recreational activities permitted by the Mukilteo Municipal Code or a master park plan approved by the city council. Many of these gulches and ravines have critical areas that are regulated by the city’s critical areas ordinance and should be reflected in any development proposal. However, since they are protected by the parks and open space zoning designation the requirement to place these publicly owned properties in native growth protection areas would be duplicative and unnecessary. Therefore, existing public infrastructure, such as the sewer plant and sewer and water lines, located within major ravines and/or on property zoned parks and open space under the ownership of the city of Mukilteo are not required to place the critical areas within a native growth protection area. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.52.036 Shoreline vegetation conservation.
Buffers to wetlands, streams, and shorelines are listed in each applicable code section. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.52.038 Incorporation of best available science.
A. Preparation of Critical Area Reports/Biological Assessments/Habitat Management Plans. Critical area reports prepared to determine whether “no net loss” to a critical area will be achieved before alteration or mitigation to a critical area is undertaken shall rely on the best available science to protect the functions and values of a critical area and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout, and their habitat, where applicable.
B. Best Available Science to Be Consistent with Criteria. The best available science is that scientific information applicable to the critical area prepared by local, state, or federal natural resource agencies, a qualified scientific professional, or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925 and WAC 173-26-201(2).
C. Absence of Valid Scientific Information. Where there is significant uncertainty about the risk to critical area function, or permitting an alteration of, or impact to the critical area, that cannot be resolved because of incomplete scientific information, the planning director shall take a “precautionary or a no-risk approach,” that strictly limits development and land use activities until the uncertainty is sufficiently resolved. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.52.039 Water quality.
All development shall comply with the city’s adopted storm drainage requirements as adopted in Chapter 13.12, Surface Water Management, and Chapter 13.16, Storm Drainage System. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.52.040 Enforcement.
A. Any violation of the provisions of Chapters 17B.52 through 17B.52D shall be enforced through the procedures set forth in Title 18, Land Use Enforcement.
B. Any violation of the critical area regulations shall result in the immediate issuance of a stop work order which shall remain in effect until the violation has been corrected. In addition to the stop work order, violations of this chapter shall constitute a civil infraction as outlined in Chapter 18.25, Civil Infractions, and Chapter 1.32, General Penalties. The first violation shall constitute a Class III civil infraction, the second offense shall constitute a Class II civil infraction and the third and each violation thereafter within a one-year period shall be classified as a Class I civil infraction.
C. In addition to any other penalties provided by law, removal of vegetation or encroachment into a buffer area or NGPA shall result in the immediate issuance of a stop work order or citation. The violator shall file a landscaping plan with the city for review and all required replacement landscaping shall be installed prior to withdrawal of the stop work order. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)
17B.52.050 Consistency.
A. These critical area regulations shall apply in addition to zoning, grading, building, landscaping, storm and surface water, and other regulations adopted by the city of Mukilteo.
B. Any individual critical area adjoined by another type of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When any provision of this chapter or any existing land use regulation conflicts with this chapter, whichever provides more protection to the critical area shall apply.
C. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Mukilteo’s shoreline substantial development permits, WDFW Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, National Pollution Discharge Elimination System (NPDES) permits administered by the Washington Department of Ecology). The applicant is responsible for complying with these requirements, apart from the process established in this chapter.
D. Wherever the requirements of the critical areas chapters are in conflict with the requirements of the applicable zoning ordinance, subdivision ordinance or any federal, state, or lawfully adopted rules or regulations, the most restrictive standards shall apply. (Ord. 1427 § 3 (Exh. C) (part), 2019: Ord. 1295 § 10 (Exh. 1B) (part), 2011)