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(1) Within the following critical areas and their buffers alterations are allowed if the alteration complies with the sequential steps for mitigation, including avoiding impacts, applicable development standards, mitigation requirements, and other applicable requirements established in this chapter:

(a) Critical aquifer recharge area;

(b) Geologically hazardous areas:

(i) Landslide hazard area under 40 percent slope;

(ii) Erosion hazard area.

(2) Within the following three critical areas and their buffers only the alterations on the table in subsection (7) of this section are allowed if the alteration complies with conditions in subsection (8) of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter:

(a) Geologically hazardous areas:

(i) Landslide hazard area with a 40 percent or greater slope;

(ii) Steep slope hazard area;

(b) Wetland; and

(c) Fish and wildlife habitat conservation areas (including streams and natural ponds).

(3) Within frequently flooded areas allowed uses are as established in the City of Covington flood damage prevention ordinance (Chapter 16.15 CMC), and the shoreline master program (Chapter 16.05 CMC) if applicable.

(4) The City may require other construction techniques, conditions, and restrictions on development in order to minimize adverse impacts on critical areas.

(5) The applicant is responsible for obtaining permits from the City for the allowed alterations pursuant to CMC 18.65.100. The request for an alteration may be submitted sequentially with other identified City permits or development review. The City may collect fees for the review of the alteration in accordance with CMC 18.65.046. The applicant is responsible for obtaining associated State and Federal permits as applicable and conditioned in this chapter.

(6) Activities and allowed alterations within a shoreline jurisdiction as identified in the City’s SMP (Chapter 16.05 CMC), including Pipe Lake and Type S streams and shoreline buffers, shall be subject only to the provisions set forth in Chapter 16.05 CMC, unless otherwise specified in that chapter.

(7) In the following table where an alteration is included in more than one activity category, the numbered conditions applicable to the most specific description of the alteration govern. Where more than one numbered condition appears for a listed alteration, each of the relevant conditions specified for that alteration within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required.

Alteration

Landslide Hazard Over 40% and Buffer

Steep Slope Hazard and Buffer

Wetland and Buffer

Stream and Buffer

Fish and Wildlife Conservation Area/Corridor Area

KEY: Letter “A” in a cell means alteration is allowed consistent with the requirements of this chapter. If it is blank it is not allowed.

Construction of single detached dwelling unit

A 1, 2

Construction of nonresidential structure

A 1, 2

A 1, 2

A 1, 2, 3

Construction of new dock or pier

A 4

A 4, 5

Maintenance, repair or replacement of dock or pier

A 6

A 6

A 3

Clearing and Grading

Grading (Chapter 14.60 CMC)

A 7

A 8

Construction of new slope stabilization

A 9

A 9

A 9

A 9

Maintenance of existing slope stabilization

A 10

A 7, 10

A 10

A 10

A 3, 10

Clearing (Chapters 14.60 and 18.45 CMC). Includes removal of brush, trees, noxious weeds or invasive vegetation and general maintenance not exempt in CMC 18.65.047 and 18.65.048

A 11

A 11, 12

A 11, 13

A 8, 11, 13

A 11

Forest Practices

Nonconversion Class IV-G forest practice

A 14

A 14

A 14

A 14

A 14, 15

Roads

Construction of new public road right-of-way

A 16

A 16

A 16

A 5, 16

A 16

Expansion of public right-of-way structure/facility, beyond established right-of-way for the purpose of maintenance, operation, repair, modification installation, or construction

A 9, 16

A 16

A 16

A 16

A 16

Construction of new driveway or private access road

A 2

A 2

A 2

Bridges or Culverts

Maintenance or repair of bridge or culvert

A 10

A 10

A 10

A 10

A 10

Replacement of bridge or culvert

A 10

A 10

A 10

A 10, 17

A 10

Expansion of bridge or culvert

A 10

A 10

A 18

A 18

A 3

Utilities and Other Infrastructure

Expansion or construction of new utility corridor or minor utility facility located beyond the established right-of-way or easement

A 19

A 19

A 29

A 29

A 3

Construction of a new well or on-site sewage disposal

A 30

A 30

Maintenance, repair, expansion of a new well or on-site sewage disposal

A 2, 20, 21

A 2, 20, 21

A 2, 20, 21

A 2, 20, 21

A 3, 20, 21

Construction, maintenance, or expansion of surface water runoff system, designed in accordance with Chapter 13.25 CMC, to provide surface water quality treatment

A 19

A 19

A 22

A 3

Maintenance, repair, or replacement of flood protection facility

A 23

A 23

A 23

A 23

A 23

Construction of new in-stream structure or in-stream work or maintenance or repair of in-stream structure

A 10

A 10

A 10

A 10, 24

A 3

Recreation Areas

Construction of a new publicly accessible nonmotorized trail

A 25

A 25

A 25

A 5, 25

A 3, 25

Maintenance of outdoor public park facility, trail, or improved recreation area

A 26

A 26

A 26

A 26

A 3, 26

Habitat and Science Projects

Habitat restoration or enhancement project

A 27

A 27

A 27

A 27

A 3, 27

Scientific sampling for salmonids

A 28

A 28

A 3, 28

(8) The following alteration conditions apply to the table in subsection (7) of this section:

(1) May be permitted pursuant to the reasonable use exception permit process in CMC 18.65.075.

(2) Pursuant to sequential avoidance measures and specific mitigation requirements for the impacted critical area in CMC 18.65.120 through 18.65.130.

(3) Allowed if no clearing, external construction or other disturbance in a wildlife habitat conservation area occurs during active breeding seasons of any species with a habitat that is identified as requiring protection pursuant to CMC 18.65.390.

(4) Limited to seasonal floating docks or piers in a Category II, III or IV wetland or stream and associated buffers. Docks and piers proposed along a shoreline, designated as a shoreline of the State, are subject to the regulations in the SMP (Chapter 16.05 CMC).

(a) The existing and zoned density of all properties abutting the entire lake shoreline averages three dwelling units per acre or more;

(b) At least 75 percent of the lots abutting the shoreline or 75 percent of the lake frontage, whichever constitutes the most lake frontage, has been developed with dwelling units;

(c) There is not any significant vegetation where the alteration is proposed and the loss of vegetation was not the result of any violation of law; and

(d) The wetland or lake shoreline is not a salmonid spawning area.

(5) Not allowed within a severe channel migration hazard area portion of a stream buffer.

(6) Allowed in Category II, III or IV wetland or streams and associated buffers subject to the following conditions. Maintenance, repair or replacement of a dock or pier along a shoreline, designated as a shoreline of the State, is subject to the regulations in the SMP (Chapter 16.05 CMC):

(a) There is not an increase in the number of pilings or the overall width and length of the dock or pier;

(b) Hazardous substances or toxic materials are not used;

(c) All piers and docks shall result in no net loss of ecological functions. Docks and piers, including those accessory to single-family residences, shall minimize and mitigate adverse impacts to the stream and its buffers; and

(d) There is not an increase in shade for predator species.

(7) Limited to regrading and stabilizing of a slope formed as a result of a legal grading activity consistent with Chapter 14.60 CMC.

(8) The following are allowed if conducted more than 115 feet from the ordinary high water line:

(a) Grading of up to 50 cubic yards on a lot less than five acres, with an approved clearing and grading permit consistent with Chapter 14.60 CMC; and

(b) Clearing of up to 1,000 square feet or up to a cumulative 35 percent of the lot, with an approved clearing and grading permit consistent with Chapter 14.60 CMC.

(9) Only permitted where erosion or landsliding threatens a structure, utility facility, roadway, driveway, public trail, stream or wetland if, to the maximum extent practical, stabilization work does not disturb the slope and its vegetative cover and any associated critical areas as evaluated in a critical area report prepared by a geotechnical engineer or engineering geologist licensed in the State.

(10) Allowed when performed by or at the direction of a government agency as follows:

(a) Construction methods will reduce or not adversely affect geologic hazards;

(b) Use of retaining walls that allow maintenance of existing natural slope areas is preferred over graded artificial slopes, unless an alternative design provides equivalent or greater long-term slope stability;

(c) The maintenance does not involve the use of herbicides, hazardous substances, sealants, or other liquid oily substances in streams, wetlands or their buffers; and

(d) When maintenance involves work over and within water:

(i) The maintenance is compliant with Washington State Department of Ecology and other applicable State and Federal agencies; and

(ii) The maintenance of culverts is limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and the stabilization of the disturbed or damaged bank or channel immediately adjacent to the culvert and shall not involve the excavation of a new sediment trap adjacent to the inlet.

(11) Allowed for the removal of hazard trees and vegetation as necessary pursuant to the following:

(a) Vegetation removal allowed only in buffers for the purpose of enhancing tree growth within the tree canopy area, as determined by a certified biologist in a critical area report subject to mitigation measures as applicable.

(b) Removal of noxious and invasive weeds shall be undertaken with hand labor unless otherwise authorized by the King County Noxious Weed Control Board to use riding mowers or light mechanical cultivating equipment and herbicides or biological control methods:

(i) The area is stabilized to avoid re-growth or regeneration of noxious weeds; and

(ii) The cleared area is revegetated with native or noninvasive vegetation and stabilized against erosion.

(c) Clearing, pruning, removing, and normal and routine maintenance of trees shall be subject to the regulation, mitigation and permit requirements set forth in Chapters 14.60 and 18.45 CMC.

(12) The limited trimming and pruning of vegetation if the soils are not disturbed and the activity will not adversely affect the long-term stability of the slope, erosion or water quality.

(13) Harvesting of plants and plant materials, such as plugs, stakes, seeds or fruits, for restoration and enhancement projects is allowed.

(14) Only if in accordance with Chapter 76.09 RCW and WAC Title 222 and:

(a) A long-term management plan is approved for the site by the City; and

(b) The property owner provides a notice of intent in accordance with RCW 76.09.060 that the site will not be converted to nonforestry uses within six years.

(15) Only if in compliance with published Washington State Department of Fish and Wildlife and Washington State Department of Natural Resources management standards for the species. If there are no published Washington State standards, only if in compliance with management standards determined by the Director to be consistent with best available science.

(16) Allowed only if:

(a) There is not another feasible location with less adverse impact on the critical area and its buffer, consistent with CMC 18.65.120;

(b) The roadway is not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the State or Federal government unless the Department determines there is no other feasible crossing site;

(c) The roadway width is minimized to the extent practical;

(d) The construction occurs during approved periods for in-stream and wetland work; and

(e) The roadway will not change or diminish the overall stream flow peaks, duration or volume, flood storage capacity and wetland function.

(17) Allowed only if:

(a) The replacement is made fish passable in accordance with Washington State Department of Fish and Wildlife Habitat and Lands Environmental Engineering Division’s Fish Passage Design Manual or with the National Marine and Fisheries Services Guidelines for Salmonid Passage at Stream Crossings for Federally listed salmonid species; and

(b) The site is restored with appropriate native vegetation.

(18) Allowed if necessary to bring the bridge or culvert up to current standards and if:

(a) There is not another feasible alternative available with less impact on the stream and wetlands and their buffer; and

(b) To the maximum extent practical, the bridge or culvert is located to minimize impacts to the stream and wetland and their buffers.

(19) Limited to transmission pipelines, underground power lines, transmission powerlines, cables, wires, stormwater and support structures of utility facilities if:

(a) There is no other feasible alternative available with less impact on the critical area;

(b) The alterations will not subject the critical area to an increased risk of landslide or erosion;

(c) Significant risk of personal injury is eliminated or minimized in the landslide hazard area;

(d) Vegetation removal is the minimum necessary to locate the utility or construct the corridor;

(e) Any crossing over a stream or wetland shall be generally perpendicular to the critical area and shall be accomplished by bridging or other technique designed to minimize critical area disturbance. It shall also be the minimum width necessary to accommodate the intended function or objective;

(f) New utility corridors meet all of the following to the maximum extent practical:

(i) Are not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the State or Federal government unless the Department determines that there is no other feasible crossing site;

(ii) The mean annual flow rate is less than 20 cubic feet per second; and

(iii) Paralleling the channel or following a down-valley route near the channel is avoided;

(g) To the maximum extent practical, utility corridors are located so that:

(i) The width is minimized;

(ii) The removal of trees shall be minimized to the extent feasible and is in accordance with Chapter 18.45 CMC; and

(iii) An additional, contiguous and undisturbed critical area buffer, equal in area to the disturbed critical area buffer area including any allowed maintenance roads, is provided to protect the critical area;

(h) To the maximum extent practical, access for maintenance is at limited access points into the critical area buffer rather than by a parallel maintenance road. If a parallel maintenance road is necessary the following standards are met:

(i) To the maximum extent practical the width of the maintenance road is minimized and in no event greater than 15 feet; and

(ii) The location of the maintenance road is contiguous to the utility corridor on the side of the utility corridor farthest from the critical area;

(i) The utility corridor or utility facility will not change or diminish the overall critical area hydrology or flood storage capacity;

(j) The construction occurs during approved periods for in-stream work;

(k) The utility corridor serves multiple purposes and properties to the maximum extent practical;

(l) Bridges or other construction techniques that do not disturb the critical areas are used to the maximum extent practical;

(m) Bored crossing meets the following criteria:

(i) Are laterally drilled and located at a depth of four feet below the maximum depth of scour for the base flood; and

(ii) The channel is crossed close to perpendicular and never more than 30 degrees from perpendicular;

(n) Open trenching is only used during low flow periods and only within streams when they are dry. The Department may approve open trenching of Type S or F streams only if there is not a feasible alternative and equivalent or greater environmental protection can be achieved; and

(o) Minor communication facilities may collocate on existing utility facilities if: no new transmission support structure is required; and equipment cabinets are located on the transmission support structure.

(20) Allowed for private individual utility service connections on site or to public utilities or utilities regulated by the Washington Utilities and Transportation Commission if the disturbed area is not expanded and no hazardous substances, pesticides or fertilizers are applied.

(21) Allowed if the disturbed area is not expanded, clearing is limited to the maximum extent practical and no hazardous substances, pesticides or fertilizers are applied.

(22) New surface water discharges in the form of dispersion trenches, outfalls and bioretention cells are allowed within the outer 25 percent of a wetland buffer; provided, that the discharge meets the requirements of the surface water management regulations in Chapter 13.25 CMC, if no other location is feasible and it will not degrade the functions or values of the wetland or stream. Where differences exist between these regulations and Chapter 13.25 CMC, these regulations will take precedence.

(23) Applies to lawfully established existing structures if:

(a) Maintained by a public agency;

(b) The height of the facility is not increased;

(c) The linear length of the affected edge of the facility is not increased;

(d) The footprint of the facility is not expanded waterward;

(e) Consistent with King County’s Guidelines for Bank Stabilization Projects (King County Surface Water Management) and bioengineering techniques are used to the maximum extent practical; and

(f) The site is restored with appropriate native vegetation.

(24) Allowed in Type S, F, Np and Ns streams if:

(a) Work is completed in the least impactful way during the least impactful time of year;

(b) In conformance with applicable best management practices;

(c) All affected in-stream and buffer features are restored;

(d) Proposed in-stream work will restore or improve habitat; and

(e) Work is compliant with other applicable State and Federal agencies and permitting requirements.

(25) Nonmotorized publicly accessible trails are allowed with an approved critical area report. Trail planning, design, construction, and maintenance shall adhere to the following criteria:

(a) The trail shall be located and designed using best management practices in accordance with an approved critical area report and the following standards:

(i) Trail location and design shall result in the least impacts on the critical area or required buffers. Critical areas buffers shall be expanded, where possible, equal to the width of the trail corridor including disturbed areas;

(ii) Trails should be generally located within the outer 25 percent of the standard critical area buffer when applicable;

(iii) Trails located within a stream or wetland critical area shall be designed to limit minor crossings and having no adverse impact on water quality. The trail should be generally parallel to the perimeter of the wetland or stream. Trails should not be constructed of impervious surfaces that will contribute to surface water runoff, unless the construction is necessary for soil stabilization or soil erosion prevention or unless the trail system is specifically designed and intended to be accessible to handicapped persons. Except that publicly accessible nonmotorized trails connecting to the City’s trail network may use impervious materials if they meet all other City requirements;

(iv) Raised boardwalks utilizing nontreated pilings may be acceptable;

(v) Trails shall be the minimum width necessary to accommodate the intended function or objective; however, in no event shall the trail be more than eight feet in width, except that publicly accessible nonmotorized trails may be made wider and use impervious materials if they meet all other requirements including water quality, as identified in Chapter 13.25 CMC, or the construction using impervious materials is necessary for soil stabilization or soil erosion prevention; and

(vi) Trails shall avoid the removal of mature trees and limit disturbance of native understory vegetation;

(b) Trails shall be designed and maintained using best management practices to complement and enhance the environmental, educational, and social functions and values of the critical area with trail design and construction focused on managing and controlling public access and limiting uncontrolled access;

(c) When salmonids are present, the construction of the trail shall be in compliance with applicable State and Federal agencies and permitting requirements; and

(d) The trail surface shall meet all other City standards and requirements, including water quality standards set forth in Chapter 13.25 CMC.

(26) Only if the maintenance:

(a) Does not involve the use of herbicides or other hazardous substances except for the removal of noxious weeds or invasive vegetation;

(b) When salmonids are present, the maintenance of the trail shall be in compliance with applicable State and Federal agencies and permitting requirements; and

(c) Does not involve any expansion of the roadway, lawn, landscaping, ditch, culvert, engineered slope or other improved area being maintained.

(27) Limited to:

(a) Projects sponsored by a public agency that has natural resource management as a primary function or by a Federally recognized tribe; or

(b) Restoration and enhancement plans prepared by a qualified biologist or a landscape architect in conformance with Chapter 18.96 RCW and subject to City review and approval.

(28) Allowed in accordance with a scientific sampling permit issued by Washington State Department of Fish and Wildlife or an incidental take permit issued under Section 10 of the Endangered Species Act.

(29) Limited to the transmission pipelines, cables, wires and support structures of utility facilities within utility corridors if:

(a) There is not another feasible location with less adverse impact on the critical area and its buffer, consistent with CMC 18.65.120;

(b) New utility corridors meet all of the following to the maximum extent practical:

(i) Are not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the State or Federal government unless the Department determines that there is no other feasible crossing site;

(ii) The mean annual flow rate is less than 20 cubic feet per second; and

(iii) Paralleling the channel or following a down-valley route near the channel is avoided;

(c) To the maximum extent practical, utility corridors are located so that:

(i) The width is minimized;

(ii) The removal of trees shall be minimized and in accordance with Chapter 18.45 CMC;

(iii) An additional, contiguous and undisturbed critical area buffer, equal in area to the disturbed critical area buffer area including any allowed maintenance roads, is provided to protect the critical area; and

(iv) Mitigation and monitoring shall be in accordance with CMC 18.65.130;

(d) To the maximum extent practical, access for maintenance is at limited access points into the critical area buffer rather than by a parallel maintenance road. If a parallel maintenance road is necessary the following standards are met:

(i) To the maximum extent practical the width of the maintenance road is minimized and in no event greater than 15 feet; and

(ii) The location of the maintenance road is contiguous to the utility corridor on the side of the utility corridor farthest from the critical area;

(e) The utility corridor or utility facility will not change or diminish the overall critical area hydrology or flood storage capacity;

(f) The construction occurs during approved periods for in-stream work;

(g) The utility corridor serves multiple purposes and properties to the maximum extent practical;

(h) Bridges or other construction techniques that do not disturb the critical areas are used to the maximum extent practical;

(i) Bored crossings meet the following criteria:

(i) Are laterally drilled and located at a depth of four feet below the maximum depth of scour for the base flood; and

(ii) The channel is crossed close to perpendicular and never more than 30 degrees from perpendicular;

(j) Bridge piers or abutments for bridge crossings are not placed within the FEMA floodway or the ordinary high water line;

(k) Open trenching is only used during low flow periods and only within aquatic areas when they are dry. The Department may approve open trenching of Type S or F aquatic areas only if there is not a feasible alternative and equivalent or greater environmental protection can be achieved; and

(l) Minor communication facilities may collocate on existing utility facilities if: no new transmission support structure is required; and equipment cabinets are located on the transmission support structure.

(30) Permitted if:

(a) There is not another feasible location with less adverse impact on the critical area and its buffer, consistent with CMC 18.65.120; and

(b) Consistent with public utility connection requirements in CMC Titles 13 and 17. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))