17.114.110 Exemptions.
(1) Exemption Request and Review Process. The proponent of the activity may submit a written request for exemption to the planning director that describes the activity and states the exemption listed in this section that applies.
(2) The planning director shall review the exemption request to verify that it complies with this chapter and approve or deny the exemption. If the exemption is approved, it shall be placed on file with the department. If the exemption is denied, the proponent may continue in the review process and shall be subject to the requirements of this chapter.
(3) Exempt Activities and Impacts to Critical Areas. Exempt activities do not require submittal of a critical areas report. However, all exempted activities shall use reasonable methods to avoid potential impacts to critical areas. To be exempt from this chapter does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party’s expense.
(4) Exempt Activities. The following developments, activities, and associated uses shall be exempt from the provisions of this chapter and Chapters 17.115 through 17.135 SMC; provided, that they are otherwise consistent with the provisions of other local, state, and federal laws and requirements:
(a) Emergencies.
(i) Emergencies are defined as those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this chapter and Chapters 17.115 through 17.135 SMC.
(ii) Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the city within one working day following commencement of the emergency activity. Within 30 days, the planning director shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the planning director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions of SMC 17.114.210, Unauthorized critical area alterations and enforcement, shall apply.
(iii) After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan. The person or agency undertaking the action shall apply for review, and the alteration, critical area report, and mitigation plan shall be reviewed by the city in accordance with the review procedures contained herein. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency, and completed in a timely manner;
(b) Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems, that do not require construction permits, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species;
(c) Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the critical area, including fishing, hiking, and bird watching. Trails must be constructed pursuant to SMC 17.114.140(4)(e);
(d) Forest Practices. Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practices regulations, WAC Title 222, and those that are exempt from the city’s jurisdiction; provided, that forest practice conversions are not exempt;
(e) Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to critical areas and buffers shall be minimized and disturbed areas shall be immediately restored;
(f) Existing Structures. Existing structures may be maintained, repaired and remodeled provided there is no further intrusion into a critical area or its buffer. New construction or reconstruction must conform to the requirements of this chapter and Chapters 17.115 through 17.135 SMC; and
(g) Single-Family Infill Development in Floodplain. Construction of single-family units, additions, and accessory structures that meet the city’s floodplain regulations in Chapters 17.120 SMC, but do not impact streams, wetlands, or their buffers, are exempt. The city shall require recording of a covenant on the title of the property, stating as follows:
Persons with interest in this property are advised that this property is potentially subject to flooding, geologic (seismic), and volcanic lahars (mudflow) hazards.
(Ord. 1164 § 4, 2004).