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ORDINANCE NO. 4424
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING ALL OF THE CITY'S PERIODIC
UPDATE TO ITS CRITICAL AREAS ORDINANCE.
WHEREAS, RCW 36.70.130 requires a periodic update to the city's critical areas
ordinance (CAO); and
WHEREAS, the city has completed most of the work required to adopt the CAO periodic
update; and
WHEREAS, the city is still in the process of completing a study related to the best available
science around PF AS in stormwater; and
WHEREAS, the pending PF AS study will be completed in the first half of 2026 and will
inform the update of the city's critical aquifer recharge area (CARA) regulations; and
WHEREAS, the CARA will be updated, if necessary, in 2026 after the results of the PF AS
study have been considered by the planning board and city council, and after a subsequent public
hearing on the yet-to-be-proposed CARA regulations; and
WHEREAS, the city held a public hearing on the periodic update of the CAO on November
25,2025;and
WHEREAS, the draft CARA regulations that were before the city council for the
November 25, 2025 public hearing was prepared with heavy input from a group of interested
citizens known as the Edmonds Environmental Council and does not necessarily reflect best
available science; and
WHEREAS, the November 2025 draft CARA regulations would have necessitated such a
significant deviation from the current CARA regulations, the current stormwater regulations, and
the city's obligations under its stormwater permit that the city council believes it most appropriate
to leave the current CARA regulations ( chapter 23 .60 ECDC) in place over the next several months
until the results of the PF AS study are before the city council;
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WHEREAS, the city's tree related regulations in chapter 23 .10 ECDC are being re-codified
in a separate companion ordinance; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Repealer. The following chapters of Title 23, entitled "Natural Resources," are
hereby repealed:
23.10 Tree Related Regulations Revised
23.40 Environmentally Critical Areas General Provisions
23.50 Wetlands
23.60 Critical Aquifer Recharge Areas
23.70 Frequently Flooded Areas
23.80 Geologically Hazardous Areas
23.90 Fish and Wildlife Habitat Conservation Areas.
Section 2. Periodic Update of Critical Areas Ordinance. A new chapter 23.10 of the
Edmonds Community Development Code, entitled "Environmentally Critical Areas," is hereby
adopted to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this
reference as if set forth in full.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 4. Effective Date. This ordinance, being an administrative function of the city
council, is not subject to referendum and shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR MIKE ROSEN
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ATTEST/ AUTHENTICATED:
DEPUTY CITY CLERK, EMILY VILLATA
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ~
JEFF TAR.ADAY -
FILED WITH THE CITY CLERK: January 21, 2026
PASSED BY THE CITY COUNCIL: January 6, 2026
PUBLISHED: January 9, 2026
EFFECTIVE DATE: January 14, 2026
ORDINANCE NO. 4424
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SUMMARY OF ORDINANCE NO. 4424
of the City of Edmonds, Washington
On the 6th day ofJanuary, 2026, the City Council of the City of Edmonds, passed Ordinance
No. 4424. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING ALL OF THE CITY'S
PERIODIC UPDATE TO ITS CRITICAL AREAS
ORDINANCE.
The full text of this Ordinance will be mailed upon request.
DATED this 6th day of January, 2026.
DEPUTY CITY CLERK, EMILY VILLATA
4840-7251-8158, V. l
4
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Title 23 Environmentally Critical Areas I Edmonds Community Development Code
Chapters:
Title 23 ENVIRONMENTALLY
CRITICAL AREAS
23.10 Environmentally Critical Areas
Sections:
23.10.000 Purpose.
23.10.010 Authority.
23.10.020 Severability.
23.10.030 Definitions.
Chapter 23.10
ENVIRONMENTALLY CRITICAL
AREAS
Introduction -General Provisions
23.10.040 Protection of critical areas.
23.10.050 Applicability. identification, inventory, mapping.
23.10.060 General provisions.
23.10.070 Use of best available science, monitoring, and adaptive management.
23.10.080 Allowed activities and exemptions -General.
23.10.090 Additional allowed activities and exemptions -Specific to Critical Area Types.
23.10.100 Restoration projects.
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23.10.110 Unauthorized alterations and enforcement.
23.10.120 Markers and signs.
23.10.130 Notice on title.
23.10.140 Building setback.
Critical Area Review Procedures
23.10.200 Critical area review sequence.
23.10.210 Critical area report requirements -General.
23.10.220 Critical area report requirements -Specific to Critical Area Types.
23.10.230 Review criteria.
23.10.240 Contingent review procedure and criteria.
23.10.250 Mitigation requirements and sequencing.
23.10.260 Monitoring and Bonds.
23.10.270 Appeals.
23.10.280 Variances.
23.10.290 Inspections.
23.10.300 Description and Purpose.
Article I. Wetlands
23.10.310 Designation, rating, and mapping.
23.10.320 Development standards.
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Title 23 Environmentally Critical Areas I Edmonds Community Development Code
23.10.330 Performance standards -Subdivisions.
Article II. Critical aquifer recharge areas (CARAs).
23.10.400 Description and Purpose.
23.10.410 Designation, classification, and mapping.
23.10.420 Regulated activities.
Article Ill. Frequently flooded areas
23.10.500 Description and Purpose.
23.10.510 Designation, rating and mapping.
23.10.520 Liability disclaimer.
23.10.530 Development standards.
Article IV. Geologically hazardous areas
23.10.600 Description and Purpose.
23.10.610 Designation and mapping.
23.10.620 Development Standards -General Requirements.
23.10.630 Development Standards -Specific Requirements.
Article V. Fish and wildlife habitat conservation areas
23.10.700 Description and Purpose.
23.10.710 Designation, rating and mapping-Fish and wildlife habitat conservation areas.
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23.10.720 Development standards -General requirements.
23.10.730 Development standards -Specific Requirements.
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Title 23 Environmentally Critical Areas I Edmonds Community Development Code Page 5 of 92
Introduction -General Provisions
23.10.000 Purpose.
This chapter designates and classifies environmentally critical areas. It protects the public from hazards.
conserves the functions and values of environmentally sensitive areas. and allows for reasonable use of private
property in compliance with the Washington State Growth Management Act (Chapter 36.70A RCW) through the
application of the best available science. as determined according to WAC 365-195-900 through 365-195-925
and RCW 36.70A.172. and the goals and policies of the comprehensive plan. Included. but not limited. in this
purpose statement are the following:
1. Maintain no net loss of value or function of fish and wildlife habitat conservation areas by preserving
and restoring riparian corridors and protecting wildlife habitats that support state priority species
and species of local importance.
2. Achieve no net loss of value or function of wetlands and their buffers and enhance or restore
wetlands where feasible.
3. Protect critical aquifer recharge areas by avoiding land uses that risk contamination and prevent
negative impacts.
4. Avoid and minimize risks to life and property from geological hazards by requiring appropriate stud½
analysis. and sound engineering principles to ensure sites are as safe as those without hazards.
5. Maintain no net loss of structure. value. and function of natural systems in frequently flooded areas.
23.10.010 Authority.
A. As provided herein. the Edmonds planning and development director or his/her designee (hereafter
referred to as "the director") is given the authority to interpret and appl½ and the responsibility to
enforce. this chapter to accomplish the stated purpose.
B. This chapter is to be administered with flexibility and attention to site-specific characteristics. It is not
the intent of this chapter to make a parcel of property unusable by denying its owner reasonable
economic use of the property nor to prevent the provision of public facilities and services necessary to
support existing development.
C. The city of Edmonds' enactment or enforcement of this chapter shall not be construed to benefit any
individual person or group of persons other than the general public.
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D. The director may withhold. condition. or deny development permits or activity approvals to ensure that
the proposed action is consistent with this chapter.
23.10.020 Severability.
If any clause. sentence. paragraph. section. or part of this chapter or the application thereof to any person or
circumstances shall be judged by any court of competent jurisdiction to be invalid, such order or judgment shall
be confined in its operation to the controversy in which it was rendered. The decision shall not affect or
invalidate the remainder of any part thereof and to this end the provisions of each clause. sentence. paragraph.
section. or part of this law are hereby declared to be severable.
23.10.030 Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Adaptive management" means the systematic acquisition and application of reliable information to improve
management over time. It often includes treating management decisions as experiments to address critical
uncertainties and learn more quickly from experience. It involves setting objectives, monitoring conditions. and
adjusting management based on results. Hallmarks of a sound adaptive management program include (1)
adequate funding for monitoring and research. (2) a willingness to change course when pre-established triggers
are reached, and (3) a commitment to gather data and evaluate conditions at appropriate special extents and
time scales. See WAC 365-195-920(2).
"Adjacent" means those activities located on sites immediately adjoining a critical area: or within a distance of
225 feet or less of a development proposal or subject parcel; or critical areas within the jurisdiction of critical
areas regulation requirements to support the intent of this chapter and ensure protection of the functions and
values of critical areas.
"Alteration" means any human-induced action which changes the existing condition of a critical area or its buffer.
Alterations include. but are not limited to: grading: filling: dredging: draining: channelizing: cutting. pruning.
limbing or topping. clearing. relocating or removing vegetation: applying herbicides or pesticides or any
hazardous or toxic substance: discharging pollutants: paving. construction. application of gravel: modifying for
surface water management purposes: or any other human activity that changes the existing landforms.
vegetation. hydrolog½ wildlife or wildlife habitat value of critical areas.
"Applicant" means a person. as defined in ECDC 21.80.030. proposing or undertaking an alteration.
"Aquatic species" means wildlife species that live in marine or freshwater including fish, shellfish, amphibians.
reptiles. crustaceans. and various other invertebrates.
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"Aquifer" means a body of soil or rock that contains sufficient saturated material to conduct groundwater and
yield usable quantities of groundwater to springs and/or wells.
"Best Available Science" See ECDC 23.10.070.
"Best management practices" means a system of practices and management measures that are inclusive of but
not limited to:
• Control soil loss and reduce water quality degradation caused by nutrients. animal waste. and toxics:
• Control the movement of sediment and erosion caused by land alteration activities:
• Minimize adverse impacts to surface and ground water quality. flow. and circulation patterns: and
• Prevent adverse impacts to the chemical. physical. and biological characteristics of critical areas.
"Buffer" means the area adjacent to a critical area that is required for the continued maintenance. function.
and/or structural stability of the critical area. Buffer widths vary depending on the relative quality and sensitivity
of the area being protected. Buffer areas are intended to be left primarily undisturbed. but may be altered in
limited circumstances when enhancement is provided to improve functions and values over existing conditions.
"Chapter" means those sections of this title sharing the same third digit .
"Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands
taxonomic classification system of the U.S. Fish and Wildlife Service (Coward in. et al.. 1979).
"Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation
and the use or application of herbicide.
"Compensation project" means an action(s) specifically designed to replace project-induced critical area or
buffer losses. Compensation project design elements may include but are not limited to: land acquisition
procedures and detailed plans including functional value assessments. detailed landscaping designs.
construction drawings. and monitoring and contingency plans.
"Compensatory mitigation" means replacing project-induced losses or impacts to a critical area such that there is
no net loss to the functions and values of the critical areas involved. including but not limited to actions involving
the creation. reestablishment. rehabilitation. enhancement. and/or preservation of critical areas. as defined in
this section.
"Creation" means project performed to intentionally establish a wetland or stream at a site where one did not
formerly exist.
"Critical aquifer recharge areas (CARAs)" See Chapter 23.10.400(A) ECDC.
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"Critical areas" means the following areas and ecosystems. including associated buffers: wetlands. critical aquifer
recharge areas. frequently flooded areas. geologically hazardous areas. and fish and wildlife habitat conservation
areas as defined herein.
"Deleterious substances" include. but are not limited to. chemical and microbial substances. whether the
substances are in usable or waste condition. that are not classified as hazardous materials per this chapter. that
have the potential to pose a significant groundwater hazard. or for which monitoring requirements or treatment-
based standards are enforced under Chapter 246-290 WAC.
"Development proposal" means any activity relating to the use and/or development of land requiring a permit
or approval from the city. including. but not limited to: commercial or residential building permit: binding site
plan: conditional use permit: franchise: right-of-way permit: grading and clearing permit: mixed use approval:
planned residential development: shoreline conditional use permit: shoreline substantial development permit:
shoreline variance: short subdivision: special use permit: subdivision: flood hazard permit: unclassified use
permit: utility and other use permit: variance: rezone: or any required permit or approval not expressly
exempted by this chapter.
"Director" means the city of Edmonds planning and development director or his/her designee.
"Division" means the planning division of the city of Edmonds planning and development department.
"Ecosystem functions" are the products. physical and biological conditions. and environmental qualities of an
ecosystem that result from interactions among ecosystem processes and ecosystem structures. Ecosystem
functions include. but are not limited to. sequestered carbon. attenuated peak streamflow. aquifer water level.
reduced pollutant concentrations in surface and ground waters. cool summer in-stream water temperatures. and
fish and wildlife habitat functions.
"Ecosystem values" are the cultural. social. economic. and ecological benefits attributed to ecosystem functions.
"Enhancement" means an action taken to improve the condition and function of a critical area. For
compensatory mitigation. enhancement additionally means actions performed to improve the condition of
degraded wetlands. riparian areas or streams such that the functions and values they provide are increased.
"Erosion" means the process in which soil particles are mobilized and transported by natural agents such as
wind. rain. frost action. or stream flow.
"Erosion Hazard Areas" See ECDC 23.10.610(().
"Fish and wildlife habitat conservation area" See ECDC 23 .10.700(A).
"Floodplain" See ECDC 19.07.020.
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"Footprint of existing development" or "footprint of development" means the area of a site that contains legally
established: buildings; roads, driveways, parking lots, storage areas, walkways or other areas paved with
concrete. asphalt or compacted gravel: outdoor swimming pools: patios.
"Frequently Flooded Areas" See ECDC 23.10.S00(A).
"Geoloqicallv Hazardous Areas" See ECDC 23.10.G00(A).
"Geologist" means a person licensed as a geologist. engineering geologist. or hydrologist in the state of
Washington. For geologically hazardous areas, an applicant may choose a geologist or engineering geologist
licensed in the state of Washington to assess the potential hazard.
"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer
in the state of Washington who has at least five years of professional employment as a geotechnical engineer in
responsible charge including experience with landslide evaluation.
"Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile
which contains decaying organic matter.
"Habitats of local importance" See ECDC 23.10.710(Bl(3).
"Hazardous materials" means any material. either singularly or in combination, that is a physical or health
hazard, whether the materials are in usable or waste condition, and any material that may degrade surface
water or groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of,
or otherwise mismanaged. Hazardous materials also include: all materials defined as or designated by rule as a
dangerous waste or extremely hazardous waste under Chapter 70A.300 RCW and Chapter 173-303 WAC:
hazardous materials also include petroleum or petroleum products that are in liquid phase at ambient
temperatures, including any waste oils or sludges.
"Hazardous materials inventory (HMI)" is an inventory of all current and anticipated types and quantities of
hazardous materials that will be stored, handled, treated, used, produced, recycled, or disposed of at a facility as
required in ECDC 23.10.430(()(2). Hazardous Materials Inventory (HMI).
"Hazardous materials management plan (HMMP)" is a plan completed by the operator that demonstrates how
the facility implements required BMPs as required in ECDC 23.10.430(CH3l. Hazardous Materials Management
Plan (HMMP).
"Hazard tree" See ECDC 17.130.020.
"Impact (to a critical area or buffer)" means a net loss of values or functions to a critical area or its buffer.
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"In-lieu fee program" means a program which sells compensatory mitigation credits to permittees whose
obligation to provide compensatory mitigation is then transferred to the in-lieu program sponsor, a
governmental or nonprofit natural resource management entity.
"Landslide Hazard Areas" See ECDC 23.10.610(0).
"Mitigation" means the use of any of the actions listed in ECDC 23.10.250(E) for activities and development on
sites containing critical areas, except for critical area aquifer recharge areas.
"Monitoring and Adaptive Management" means the process of monitoring, reporting, and improving permits,
regulations. and programs to ensure the protection of critical areas.
"Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound
region and which reasonably could have been expected to naturally occur on the site. "Native vegetation" does
not include noxious weeds as defined by the state of Washington or Snohomish County.
"No Net Loss of Critical Areas" refers to the actions taken to achieve and ensure no overall reduction in existing
ecosystem functions and values or the natural systems constituting the protected critical areas.
"Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees {less than four-
inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping
that has been previously approved by the city in the past five years.
"Noxious weeds" means any plant that is highly destructive, competitive or difficult to control by cultural or
chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC.
"Preservation" means actions taken to ensure the permanent protection of existing wetlands and fish and
conservation areas.
"Priority Habitat" means a habitat type with unique or significant value to many species. An area identified and
mapped as priority habitat has one or more of the following attributes: comparatively high fish and wildlife
density. comparatively high fish and wildlife species diversity, important fish and wildlife breeding habitat.
important fish and wildlife seasonal ranges. important fish and wildlife movement corridors, limited availability.
high vulnerability to habitat alteration. and unique or dependent species.
"Priority Species" are fish and wildlife species requiring protective measures and/or management actions to
ensure their survival. A species identified and mapped as priority species fit one or more of the following
criteria: State-listed candidate species. vulnerable aggregations. and Species of recreational. commercial. and/or
Tribal importance.
"Qualified critical areas consultant" or "qualified professional" means a person who has the qualifications
specified herein to conduct critical areas studies pursuant to this chapter. and to make recommendations for
critical areas mitigation. For geologically hazardous areas, the qualified critical areas consultant shall be a
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geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. If
development is to take place within a geologically hazardous area, the qualified critical areas consultant
developing mitigation plans and design shall be a professional engineer licensed in the state of Washington and
familiar with landslide and slope stability mitigation. For wetlands and fish and wildlife habitat priority areas. the
qualified critical areas consultant shall be a specialist in botany. fisheries. wetland biology. and/or hydrology with
a minimum of five years' field experience with wetlands and/or streams in the Pacific Northwest. For critical
aquifer recharge areas. the qualified professional must be a currently licensed Washington State geologist
holding a current specialty license in hydrogeology.
"Reasonable economic use(s)" means the minimum use to which a property owner is entitled under applicable
state and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process.
"Recharge" means the process involved in the absorption and addition of water from the unsaturated zone to
groundwater.
"Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to allow
for new development. The director shall maintain discretion to determine if the demolition of a majority of
existing structures or portions thereof constitute the redevelopment of a property or subject parcel.
"Reestablished" means actions performed to restore processes and functions to an area that was formerly a
critical area; where the former critical area was lost by past alterations and activities.
"Rehabilitation" means improving or repairing processes and functions to an existing critical area that is highly
degraded because one or more environmental processes supporting the critical area have been disrupted.
"Restoration" means the actions necessary to return a stream. wetland or other critical area to a state in which
its stability. functions and values approach its unaltered state as closely as possible. For wetlands. restoration as
compensatory mitigation may include reestablishment or rehabilitation.
"Riparian management zone" See ECDC 23.10.710(8)(8).
"Seismic Hazard Areas" See ECDC 23 .10.GlO(E).
"Species of local importance" See ECDC 23.10.710(B)(3).
"Stormwater Management Manual" means the stormwater manual specified in Chapter 18.30 ECDC.
"Streams" means any area where surface waters produce a defined channel or bed which demonstrates clear
evidence. such as the sorting of sediments. of the passage of water. The channel or bed need not contain water
year-round. This definition is not meant to include irrigation ditches. canals. storm or surface water runoff
devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to
convey streams naturally occurring prior to construction of such watercourse.
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"Underground injection control well" means as defined in Chapter 173-218 WAC and associated guidance
documents.
"Undeveloped land(sl" means land(sl on which manmade structures or land modifications (clearing. grading.
etc.) do not exist. The director retains discretion to identify undeveloped land(sl in those instances where
historical modifications and structures may have existed on a property or subject parcel in the past. "Wellhead
protection area (WHPA)" means protective areas associated with public drinking water sources established by
water systems and approved or assigned by the state Department of Health.
"Wetland functions" means those natural processes performed by wetlands. such as facilitating food chain
production: providing habitat for nesting. rearing and resting sites for aquatic. terrestrial or avian species:
maintaining the availability and quality of water: acting as recharge and/or discharge areas for ground water
aquifers: and moderating surface water and stormwater flows.
"Wetland mitigation bank" means a site where wetlands are restored. created. enhanced. or in exceptional
circumstances. preserved expressly for the purpose of providing compensatory mitigation in advance of
authorized impacts to similar resources.
"Wetlands" See ECDC 23.10.300(A).
23.10.040 Protection of critical areas.
Any action taken pursuant to this chapter shall result in equivalent or greater functions and values of the critical
areas associated with the proposed action. as determined by the best available science. including the
consideration of climate change impacts such as increased flooding. sea level rise. extreme heat. drought.
wildfire risk. and shifting habitat conditions. All actions and developments shall be designed and constructed in
accordance with ECDC 23.10.250(El. Mitigation sequencing. to avoid. minimize. and restore all adverse impacts.
including those exacerbated by climate change. Applicants must first demonstrate an inability to avoid or reduce
impacts before the use of actions to mitigate potential impacts will be allowed. No activity or use shall be
allowed that results in a net loss of the functions or values of critical areas or their buffers now or under
projected future climate conditions.
23.10.050 Applicability. identification. inventory. mapping.
A. Compliance. No permit or authorization may be issued to alter land. water. vegetation. or to construct or
modify any structure or improvement without first meeting the requirements of this chapter.
B. Critical areas regulated by this chapter include:
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• Wetlands as designated in Article I: Wetlands;
• Critical aquifer recharge areas as designated in Article II : Critical Aquifer Recharge Areas:
• Frequently flooded areas as designated in Article Ill: Frequently Flooded Areas:
• Geologically hazardous areas as designated in Article IV: Geologically Hazardous Areas: and
• Fish and wildlife habitat conservation areas as designated in Article V: Fish and Wildlife Habitat
Conservation Areas.
C. Critical areas maps. The City's critical area map is for reference only and is intended to help identify potential
critical areas on a site. A site-specific investigation is required prior to any alteration to confirm the presence
or absence of critical areas. The department will maintain and update critical area maps as new information
becomes available. These maps include. but are not limited to:
• Federal Emergency Management Agency flood insurance rate maps:
• U.S. Geological Survey landslide. seismic. and volcano hazard maps:
• Washington Department of Natural Resources seismic hazard maps for Western Washington:
• Washington Department of Natural Resources slope stability maps;
• National Wetlands Inventory maps;
• Washington Department of Fish and Wildlife Priority Habitat and Species maps:
• Other City-adopted critical area maps. including Critical Aquifer Recharge Areas and Geologically
Sensitive Areas maps.
D. All areas within the city of Edmonds meeting the definition of one or more critical areas are hereby
designated critical areas and are subject to the provisions ofthis chapter.
E. Areas Adiacent to Critical Areas Subiect to Regulation. Areas adjacent to critical areas shall be considered
within the jurisdiction of these requirements and regulations to support the intent of this chapter and
ensure protection of the functions and values of critical areas.
F. Potential Downstream Impacts on Type F streams. Areas located within a watershed that drains to a Type F
stream may be subject to additional review under this chapter when a proposed activity has the potential to
affect the functions or values of the downstream Type F stream or its associated habitat. The director may
require critical area reports. mitigation. or best management practices only to the extent necessary to
evaluate and address such potential impacts.
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23.10.060 General provisions.
A. Relationship to Other Regulations. The provisions of this chapter shall apply as an overlay and in addition to
zoning. site development. stormwater management. building and other regulations adopted by the city of
Edmonds. Where this chapter imposes more protective requirements for the environment. the requirements
of this chapter shall prevail.
B. SEPA Compliance. These critical areas regulations shall be coordinated with review conducted under the
State Environmental Policy Act (SEPA). as necessary and locally adopted.
C. Compliance with the provisions of this title chapter does not constitute compliance with other federal. state.
and local regulations and permit requirements that may be required (for example. shoreline substantial
development permits. Hydraulic Permit Act (HPA) permits. Section 106 of the National Historic Preservation
Act. U.S. Army Corps of Engineers Section 404 permits. and National Pollution Discharge Elimination System
permits). The applicant is responsible for complying with these requirements. apart from the process
established in this chapter.
D. If application of this chapter would deny all reasonable use of a subject propert½ the owner may apply for a
reasonable use variance pursuant to 23.10.280(AH2).
23.10.070 Use of Best available science, monitoring. and adaptive management.
A. Best available science (BAS).
1. Protect Functions and Values of Critical Areas. Critical areas reports and decisions to alter critical
areas shall rely on the BAS to protect the functions and values of critical areas. 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.
2. BAS 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 a team of qualified scientific professionals that is consistent with criteria established
in WAC 365-195-900 through 365-195-925 and RCW 36.70A.172.
3. Characteristics of a Valid Scientific Process. In the context of critical areas protection. a valid scientific
process is one that produces reliable information useful in understanding the consequences of a
local government's regulatory decisions. and in developing critical areas policies and development
regulations that will be effective in protecting the functions and values of critical areas. To determine
whether information received during the permit review process is reliable scientific information. the
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director shall determine whether the source of the information displays the characteristics of a valid
scientific process. Such characteristics are as follows:
a. Peer Review. The information has been critically reviewed by other persons who are
qualified scientific experts in that scientific discipline. The proponents of the information
have addressed the criticism of the peer reviewers. Publication in a refereed scientific
journal usually indicates that the information has been appropriately peer-reviewed;
b. Methods. The methods used to obtain the information are clearly stated and reproducible.
The methods are standardized in the pertinent scientific discipline or. if not. the methods
have been appropriately peer reviewed to ensure their reliability and validity;
c. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on
reasonable assumptions supported by other studies and consistent with the general theory
underlying the assumptions. The conclusions are logically and reasonably derived from the
assumptions and supported by the data presented. Any gaps in information and
inconsistencies with other pertinent scientific information are adequately explained:
d. Quantitative Analysis. The data have been analyzed using appropriate statistical or
quantitative methods;
e. Context. The information is placed in proper context. The assumptions. analytical
techniques. data. and conclusions are appropriately framed with respect to the prevailing
body of pertinent scientific knowledge; and
f. References. The assumptions. analytical techniques, and conclusions are well referenced
with citations to relevant. credible literature and other pertinent existing information.
4. Nonscientific Information. Nonscientific information. such as anecdotal observations. nonexpert
opinion. and local knowledge, may supplement scientific information. but it is not a substitute for
valid and available scientific information.
5. Absence of Valid Scientific Information. When valid or complete scientific information is lacking, and
this results in uncertainty about the risk a proposed activity may pose to the functions and values of
a critical area. the director shall:
a. Take a "precautionary or a no-risk approach" that strictly limits development and land use
activities until the uncertainty is sufficiently resolved; and
b. Require application of an effective adaptive management program that relies on scientific
methods to evaluate how well regulatory and nonregulatory actions protect the critical area.
An adaptive management program is a formal and deliberate scientific approach to taking
action and obtaining information in the face of uncertainty.
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E. Monitoring and adaptive management program. The City may use adaptive management to support the
ongoing protection of critical areas. Adaptive management is a science-based approach that incorporates
new information. monitors outcomes. and adjusts management strategies when needed to better achieve
intended functions and values. The specific methods. procedures. and tools used in adaptive management
may vary over time and will be determined administratively, consistent with the general principles outlined
in this chapter.
23.10.080 Allowed activities and exemptions.
A. Purpose. The purpose of this section is to identify activities that may occur within critical areas and their
buffers. with or without a critical areas report.
B. Applicability. Activities allowed without a critical areas report are limited to those that. when implemented
using appropriate best management practices. will not result in a net loss of critical area functions or values.
All other activities require review under this chapter. Unless otherwise specified. activities allowed under this
section may still require permits or approvals under other chapters of the Edmonds Community
Development Code or applicable state or federal law.
C. Best Management Practices (BMPs). All allowed activities shall be conducted using the BMPs. The director
may require field inspection to confirm the use of BMPs. Any incidental damage to a critical area shall be
restored or mitigated at the responsible party's expense.
D. Allowed Activities-No Critical Area Report Required. The following activities are allowed and do not require
preparation of a critical area report:
1. Allowed Activities within Critical Areas and Buffers.
2. Minor Structural Modifications. Maintenance. repair. or modification of a legally established
structure that does not increase its footprint. alter a critical area or buffer. or increase hazard risk to
life or property.
3. Minor Site Investigative Work. Activities necessary for permit submittal. including surveys. soil logs.
percolation tests. hand-dug test pits. and similar non-intrusive work. provided disturbed areas are
restored immediately and no lasting impacts occur.
4. Minor Utility Proiects. Utility projects activities that:
a. Have no practical alternative with less impact:
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b. Are limited to the placement of poles. signs. anchors. or vaults. or similar other small utility
components: and
c. Disturb no more than 75 square feet.
5. Activities in Improved Right-of-Way. Installation. repair. replacement. or modification of utilities
within the improved portion of the public right-of-way or a city-approved private roadwa½ provided
the activity:
a. Does not alter a wetland or watercourse: and
b. Does not increase sediment or stormwater discharge.
6. Navigational Aids and Boundary Markers. Installation or modification of navigational aids and
boundary markers.
7. Select Vegetation Removal Activities. The following vegetation removal activities are allowed:
a. Removal of invasive and noxious plant species shall be restricted to hand removal unless
permits or approval from the appropriate regulatory agencies have been obtained for
approved mechanical. biological or chemical treatment. or other removal techniques. Plants
that appear on the Washington State and/or Snohomish County Noxious Weed Control
Boards list of noxious weeds must be handled and disposed of according to a noxious weed
control plan appropriate to that species.
b. The removal of invasive. non-native plants and noxious weeds for the purpose of habitat
maintenance or restoration when the area of work is restricted to under 1.500 square feet in
area per year.
c. Vegetation removal for habitat protection or restoration in wetlands or fish and wildlife
habitat conservation areas may exceed the 1.500-square-foot limit when the work is
proposed and managed by a qualified nonprofit or similar organization approved by the City
or another agency with jurisdiction. and is supported by a City-approved proposal describing
the project scope and location. providing appropriate supervision. and including a
monitoring and inspection schedule acceptable to the City.
d. Hazardous Trees. The removal of hazard trees within critical areas and their buffers may be
approved by the director. provided the trees are documented as hazardous and the
following conditions are met:
i. Documentation and review. Prior to any tree cutting. the applicant shall submit a report
from an !SA-certified arborist documenting that the tree presents a high or extreme risk
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ii.
iii.
iv.
V.
vi.
vii.
viii.
using a Level 2 ISA Tree Risk Assessment. The report shall include a replanting schedule
consistent with an approved restoration plan.
Tree Pruning or Removal Methods. Tree cutting shall be limited to pruning or crown
thinning necessary to remove the hazard. unless an !SA-certified arborist determines
that full removal is warranted due to a high or extreme risk. Where feasible. hazardous
trees shall be converted to wildlife snags rather than removed entirely. If removal to a
stump is required. tree roots shall remain intact and undisturbed.
Imminent Risk. When a tree poses an imminent risk to public safety or property. the
landowner may prune or cut the tree into a wildlife snag before receiving written City
approval. Within 14 days of such action. the landowner shall submit to the director: (a) a
report from an ISA-or ASCA-certified arborist documenting the hazard and (b) a
restoration plan demonstrating compliance with this section.
Tree Replacement. Any entity, including public utilities. removing a hazard tree shall
replace it at a ratio of two replacement trees for each tree removed (2:1) within one
year. in accordance with an approved restoration plan. Replacement trees shall be native
species and indigenous to the site. a minimum of one to two inches DSH for deciduous
trees or six feet in height for evergreens. Where replanting in the same location would
create a new hazard or impact the critical area. replacement may occur in a nearby
location.
Hazardous trees that provide critical habitat. If a hazardous tree provides critical habitat
(e.g .• an eagle or heron nest). a qualified wildlife biologist shall be consulted to
determine appropriate timing. removal methods. and other agency permitting to
minimize impacts.
Vegetation removal. All vegetation removed (e.g .• stems. branches) shall remain within
the critical area or buffer unless removal is necessary to prevent the spread of disease or
pests. protect the understory, or the debris poses a risk to slope stability.
Hazardous trees that do not pose an imminent risk. In advance of any cutting. the
applicant submits a report to the City from an !SA-certified arborist that documents the
hazard as a high-or extreme risk using Level 2 ISA Tree Risk Assessment and provides a
replanting schedule for the replacement trees.
Prohibited vegetation removal. Except as provided above or as part of an approved
alteration. the removal of vegetation or woody debris from a fish and wildlife habitat
conservation area or wetland is prohibited.
8. Pedestrian Trails. Construction of new pedestrian-only trails located in the outer 25 percent of a
wetland buffer. riparian management zone. or other critical area buffer when:
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a. No feasible alternative exists:
b. Constructed of pervious materials;
c. Limited to five feet in width:
d. Avoids removal of significant trees.
Raised boardwalks utilizing nontreated pilings may be used where necessary.
9. Installation of fences in geologically hazardous areas that do not require grading or structural
foundations. Fence posts shall be installed using hand tools that do not alter slope stability or impact
critical area functions.
D. Allowed Activities -Critical Areas Report Required. The following activities may occur in critical areas or
buffers with preparation of a critical area report demonstrating consistency with this chapter:
1. Wetland -Buffer Uses.
a. Conservation. restoration. or preservation activities required as mitigation.
b. Passive recreation facilities. including walkways. boardwalks. wildlife viewing structures. and
small-scale fishing access. when located and designed to minimize disturbance and placed in
the outer 25 percent of the buffer unless otherwise justified.
c. Stormwater conveyance and dispersion facilities within the outer 25 percent of buffers for
Category Ill and IV wetlands only, consistent with ECDC 18.30, Stormwater Management.
including Minimum Requirement No. 8. Wetland Protection.
2. Geologically Hazardous Areas -Seismic Hazard Areas.
a. Construction of non-residential buildings under 2,500 square feet of floor area or roof area.
whichever is greater. and which are not used as places of employment or public assembly.
b. Additions to existing single-story residences that are 250 square feet or less.
3. Fish and wildlife habitat conservation areas -Riparian Management Zones. The following uses may
be permitted within a riparian management zone in accordance with the review procedures of this
chapter: provided. they are not prohibited by any other applicable law and they are conducted in a
manner so as to minimize impacts to the riparian management zone and adjacent stream:
a. Pedestrian Trails. After reviewing the proposed development and technical reports. the
director may determine that a pedestrian-only trail may be allowed in a riparian
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E. Exemptions.
management zone: provided. proposed development meets the requirements in ECDC
23.10.080(C)(8). and appropriate provisions are made to protect water quality. No motorized
vehicles shall be allowed within a stream or the riparian management zone except as
required for necessary maintenance or security. Vegetative edges. structural barriers. signs
or other measures must be provided wherever necessary to protect streams by restricting
vehicular access to designated public use or interpretive areas.
1. Exemption Request and Review Process. The proponent of the activity may submit a written request for
exemption to the director that describes the activity and states the exemption listed in this section that
applies.
The 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 city of Edmonds.
If the exemption is denied. the proponent may continue in the review process and shall be subject to the
requirements of this chapter.
2. Exempt Activities and Impacts to Critical Areas. All exempted activities shall avoid 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 associated with the
exempted activity shall be subject to the mitigation requirements and sequencing in 23.10.250 ECDC at
the responsible party's expense.
3. Exempt Activities. The following development. activities. and associated uses shall be exempt from the
provisions of this chapter: provided. that they are consistent with the provisions of other local. state. and
federal laws and requirements:
a. Emergencies. Those activities necessary to prevent an immediate threat to public health.
safet½ 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.
i. 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 director within one working day following commencement of the
emergency activity. Within 30 days. the director shall determine if the action taken was
within the scope of the emergency actions allowed in this subsection. If the 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 ECDC 23.10.110.
Unauthorized critical area alterations and enforcement. shall apply.
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ii. After the emergency. the person or agency undertaking the action shall fully fund and
conduct necessary restoration and/or mitigation for any loss to the functions and values
of the critical area and its buffers resulting from the emergency action in accordance
with an approved critical areas report and mitigation plan . Within 30 days after an
emergency action that impacts a critical area. the person or agency undertaking the
action shall submit a critical area report. and mitigation plan for review and approval by
the director 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 a construction permit. are exempt. provided that:
i. The activity does not further alter. encroach upon. or impact the critical area or buffer.
ii. The activity does not result in a net loss to the critical area or buffer functions or values
iii. The activity does not increase the risk to life or property.
iv. When operation and maintenance requires removal of native vegetation. it shall be
limited the minimum necessary to complete the work.
c. Passive Outdoor Activities. Recreation. education. and scientific research activities that do
not degrade the critical area. including fishing, hiking. and bird watching.
d. Modifications to Existing Structures within Critical Areas and/or Buffers. Modification to a
legally constructed structure existing within a critical area or buffer shall be allowed when
the modification:
i.
ii.
iii.
Does not increase the footprint of the structure: and
Does not increase the impact to a the critical area or buffer; and
Does not increase risk to life or property as a result of the proposed modification or
replacement.
This provision shall be interpreted to supplement the provisions of the Edmonds Community
Development Code relating to nonconforming structures in order to permit the full
reconstruction of a legal nonconforming building within its footprint.
e. Development Proposals within Riparian Management Areas functionally isolated from
Riparian Management Zones. Streams, or Wetlands. Adjacent areas that are functionally
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23.10.100
isolated from a riparian management zone. stream. or wetland due to existing legally
established structures or paved areas may be exempted from the riparian management
zones widths or wetland buffers if proven scientifically to be functionally isolated from the
stream or wetland. The director will require the applicant to provide a site assessment
critical areas report. prepared in accordance with ECDC 23.10.210, that includes a functional
analysis documentation report by a qualified professional that demonstrates the proposed
development area is functionally isolated. The director shall consider. and evaluate the
hydrologic, geologic. and/or biological habitat connection potential and the extent and
permanence of the physical separation.
Restoration projects.
A. When a critical area restoration project is proposed that includes actions beyond the activities allowed per
ECDC 23 .10.080, may alter or affect critical areas or their buffers. and is not required as mitigation for a
development proposal. the director or hearing examiner (as applicable) may grant relief from standard
critical area or their buffer requirements if:
1. The restoration project is permitted and/or otherwise authorized by state or federal agencies having
jurisdiction over the proposed project activities:
2. The restoration project will result in a net increase in the functions and values of the affected critical
areas;
3. A copy of the restoration plan. as submitted to the authorizing state or federal agenc½ is submitted
to the director for review and consideration of any conditions that may be necessary to mitigate any
negative effects during the restoration work.
B. The director or hearing examiner may require a buffer width necessary to ensure success and enhancement
of the values and functions of the areas adjacent to the stream or wetland.
C. In determining whether to allow a deviation from standard buffer widths. the director or hearing examiner
shall consider the proposed width along with site-specific hydrologic, geologic. and habitat data. If a reduced
buffer is warranted. the director or hearing examiner may approve it for the restoration site.
23.10.110 Unauthorized alterations and enforcement.
A. When a critical area or its buffer has been altered in violation of this chapter or the provisions of Chapter
7.200 ECC. all ongoing development work shall stop. and the critical area shall be restored. The director shall
have the authority to issue a stop work order to cease all ongoing development work. and order restoration.
rehabilitation. or replacement measures at the owner's or other responsible party's expense to compensate
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for violation of the provisions of this chapter. The director may also require an applicant or property owner
to take immediate action to ensure site stabilization and/or erosion control as needed.
B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is
prepared and approved by the director. Such a plan shall be prepared by a qualified professional using the
best available science and shall describe how the actions proposed meet the minimum requirements
described in subsection (C) of this section. The director ma½ at the violator's expense. seek expert advice in
determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for
revision and resubmittal.
C. Minimum Performance Standards for Restoration. The following minimum performance standards shall be
met for the restoration of a critical area: provided. that if the violator can demonstrate that greater
functional and habitat values can be obtained. these standards may be modified.
1. For unauthorized alterations to frequently flooded areas. wetlands. and fish and wildlife habitat
conservation areas:
a. The historic structural and functional values shall be restored. including water quality and
habitat functions:
b. The historic soil types and configuration shall be replicated:
c. The critical area and buffers shall be replanted with native vegetation that replicates the
vegetation historically found on the site in species types. sizes. and densities.
d. The historic functions and values shall be replicated at the location of the alteration: and
e. Information demonstrating compliance with the requirements in ECDC 23 .10.250. Mitigation
plan requirements. shall be submitted to the City.
2. For alterations to flood and geological hazards. the following minimum performance standards shall be
met:
a. The hazard shall be reduced to a level equal to. or less than. the predevelopment hazard:
b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized:
and
c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize
the hazard.
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3. Site Investigations. The director is authorized to make site inspections and take such actions as are
necessary to enforce this chapter. The director shall present proper credentials and make a reasonable
effort to contact any property owner before entering onto private property.
4. Penalties. Any person. party, firm. corporation. or other legal entity convicted of violating any of the
provisions of this chapter shall be guilty of a misdemeanor and subject to penalties not to exceed a
square footage cost of $10.00 per square foot of impacted critical area and critical area buffer and/or a
per tree penalty consistent with ECDC 17.130.lO0(C). Any development carried out contrary to the
provisions of this chapter shall constitute a public nuisance and may be enjoined as provided by the
statutes of the state of Washington. The city of Edmonds may levy civil penalties against any person.
party, firm. corporation. or other legal entity for violation of any of the provisions of this chapter.
23.10.120 Markers and signs.
A. General Requirements.
1. The boundary at the outer edge of any critical area or its buffer may. at the direction of the director.
be required to be delineated with signage, fencing. or other markers as necessary to prevent
unauthorized disturbance and protect critical area functions and values.
2. The director may modify these requirements to ensure protection of sensitive features or wildlife
needs.
3. All signs and fencing required under this section shall be installed prior to final occupancy or site use.
when applicable to the permit type, and maintained by the property owner in perpetuity.
B. Temporary Markers.
1. Prior to site alteration. the outer boundary of the critical area or buffer. and the limits of approved
disturbance areas. shall be marked in the field in a manner that clearly prevents unauthorized
intrusion.
2. Temporary markers shall be maintained throughout construction and may be subject to inspection
by the director.
3. Temporary markers shall remain in place until any required permanent signs or fencing are installed.
C. Permanent Signs.
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1. As a condition of any permit or authorization issued under this chapter. the director may require the
installation of permanent signs along the boundary of a critical area.
2. Permanent signs shall be made of durable material such as enamel-coated or metal faced signage
and affixed to metal or another nontreated material of equal durability.
3. Signs shall be posted at an interval of one per lot or every 50 feet, whichever is less, and must be
maintained by the property owner in perpetuity.
4. The sign shall be worded as follows or with alternative language approved by the director:
D. Permanent fencing.
Protected [Critical Area Type] Area
Do Not Disturb
Contact the City of Edmonds
Regarding Uses and Restrictions
1. The director may require permanent fencing along the outer edge of a critical area buffer when
necessary to protect the area's functions and values.
2. Fencing shall be constructed of materials that do not interfere with wildlife movement and shall be
designed to minimize habitat impacts.
3. The following circumstances may warrant fencing, unless waived by the director:
a. Development proposals for single-family plats, short plats, multifamily, mixed-use, or
commercial projects;
b. Parks where adjacent uses involve active recreation:
c. Where domestic grazing animals are present or may be introduced on site: or
d. Where buffer averaging or reductions are approved.
4. Breaks in fencing may be permitted for access to approved buffer uses.
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23.10.130 Notice on title.
A. Notice on Title. The owner of any property with field-verified presence of critical areas and/or critical areas
buffers. except critical aquifer recharge areas. for which a permit application is submitted shall. as a
condition of permit issuance. record a notice of the existence of such critical area and/or critical area buffer
against the property with the Snohomish County auditor's office. The notice shall be approved by the
director and the city attorney for compliance with this provision. The titleholder will have the right to
challenge this notice and to have it released if the critical area designation no longer applies; however. the
titleholder shall be responsible for completing a critical areas report. subject to approval by the director.
before the notice on title can be released.
23.10.140 Building setbacks.
A. Buildings and other structures shall be set back a minimum distance of 15 feet from the edges of all critical
area or their buffers. In addition to other allowances provided by this chapter. the following may be allowed
in the building setback area from a critical area:
1. Landscaping;
2. Uncovered decks: and
3. Building overhangs. may extend no more than 30 inches into the setback area.
Impervious ground surfaces. such as driveways and patios; provided. that such improvements may be
subject to water quality regulations as adopted in the current editions of the International Residential Code
and International Building Code. as adopted in ECDC Title 19.
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Critical Area Review Procedures
23.10.200 Critical area review sequence.
A. Purpose. The purpose of this section is to establish a clear and consistent review sequence for proposals
requiring a critical areas report. The review process ensures that potential impacts are identified earl¼
appropriate studies and mitigation measures are applied. and projects comply with the requirements ofthis
chapter. The sequence is intended to:
1. Identify critical areas and potential hazards:
2. Determine applicable standards and required reports;
3. Evaluate mitigation measures; and
4. Confirm the proposal is consistent with other applicable regulations and standards prior to project
approval.
B. Prior to any alteration or development activity.
1. Determination of the presence of critical areas. A property owner. or an authorized representative. must
submit a critical area checklist form through the City's permitting system. Staff will review the checklist.
conduct a site visit. and determine whether there are critical areas and/or critical area buffers on or near
the site. Critical area determinations are valid for a period of five years. except when recent events or
updates to best available science justify a new critical areas determination.
2. Critical Areas Report Required. If critical areas or their buffers are found. a critical areas report
addressing the applicable critical area requirements of this chapter is required if the proposed activity
impacts critical areas or their buffers. The report shall:
a. Address mitigation sequencing in accordance with ECDC 23.10.250(E); and
b. Meet all requirements for critical areas reports set forth in ECDC 23.10.210.
C. Optional Pre-application Consultation.
1. Any person preparing to apply for development or use of land that may be regulated by the provisions of
this chapter may request a pre-application meeting with the director prior to applying for development
or other approval. At this meeting. the director shall discuss the requirements of this chapter: provide
critical areas maps. scientific information. and other source materials: outline the review process: and
work with the activity proponent to identify any potential concerns that might arise during the review
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process. in addition to discussing other permit procedures and requirements. All applicants. regardless
of participation in a preapplication meeting. are held fully responsible for knowledge and disclosure of
critical areas on. adjacent to. or associated with a subject parcel and full compliance with the specific
provisions and goals. purposes. objectives. and requirements of this chapter.
D. Application review and preliminary decision. The director shall review the application materials for
compliance with the requirements of this chapter and issue a preliminary Critical Areas Notice of Decision as
follows:
1. Favorable decision. Issued when the director determines that the proposed activity either avoids impacts
to the critical area altogether or complies with the provisions of this chapter. Any conditions of the
preliminary Critical Areas Notice of Decision shall be included in said notice. attached to the underlying
permit file. and be considered during the next phase of review in accordance with any other applicable
codes or regulations. Any subsequent changes to the proposed activity that conflict with the conditions
set forth in the notice shall void the preliminary decision and be subject to further review. A favorable
decision should not be construed as endorsement or approval of any underlying permit or approval.
2. Unfavorable decision. Issued when the director determines that the proposed activity is not exempt or
does not adequately mitigate its impact on critical areas and/or does not comply with the criteria in
ECDC 23.10.230(Cl, Review criteria. and the provisions of this chapter. No proposed activity or permit
shall be approved or issued if the impact to critical areas is not avoided. mitigated. and/or comply with
the requirements of this chapter.
E. Reconsideration ofan unfavorable decision. Following notice of decision that the proposed activity does not
meet the review criteria and/or does not comply with the applicable provisions of this chapter. the applicant
may request consideration of a revised critical area report. If the revision is found to be substantial and
relevant to the critical area review, the director may reopen the critical area review and make a new decision
based on the revised report.
F. Public notice. When the underlying permit type requires public notice under ECDC 20.01.003, the
preliminary Critical Areas Notice of Decision, including any conditions of a favorable decision, shall be
included in any Notice of Application required pursuant to 20.03.002 ECDC. Notice of Application. The
director shall provide opportunity for public comment on the Notice of Decision as to whether the proposed
activity and mitigation. if an½ is consistent with the provisions ofthis chapter.
G. Completion of the critical areas review. The director's decision regarding critical areas pursuant to this
chapter shall be final. concurrent with the final project decision to approve. condition. or deny the
development proposal or other activity involved.
23.10.210 Critical areas report requirements -General.
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A. Preparation by Qualified Professional. The applicant shall submit a critical areas report prepared by a
qualified professional as defined in ECDC 23.10.030.
B. Independent Review of Critical Areas Reports. Critical areas studies and reports on geologically hazardous
areas and those developed by an applicant representative or consultant not as part of a three-party contract
shall be subject to independent review. This independent review shall be performed by a qualified technical
consultant selected by the city with all costs borne by the applicant. The purpose of such independent
review is to provide the city with objective technical assistance in evaluating the accuracy of submitted
reports and/or the effects on critical areas which may be caused by a development proposal and to facilitate
the decision-making process. The director may also have technical assistance provided by appropriate
resource agency staff if such assistance is available in a timely manner. This requirement may be selectively
waived at the discretion of the director. provided the applicable qualified professional for the project
provides written concurrence. determination. details. facts and/or data that individual site conditions
warrant an exemption from outside peer review.
C. Best Available Science. The critical areas report shall use scientifically valid methods and studies in the
analysis of critical areas data and field reconnaissance and reference the source of science used. The critical
areas report shall evaluate the proposal and all probable impacts to critical areas in accordance with the
provisions of this chapter.
D. Minimum Critical Area Report Contents. At a minimum. the report shall contain the following:
1. The name and contact information of the applicant. a description of the proposal. and identification
of the permit requested:
2. A copy of the site plan for the development proposal including:
a. A map to scale depicting critical areas. buffers. the development proposal. and any areas to
be cleared:
b. A description of the proposed stormwater management plan for the development and
consideration of impacts to drainage alterations:
c. The site plan shall identify and locate all vegetation of six inches DSH or larger:
3. The dates. names. and qualifications of the persons preparing the report and documentation of any
fieldwork performed on the site:
4. Identification and characterization of all critical areas. wetlands. water bodies. shorelines. and
buffers within 200 feet of the proposed project area:
5. A description of efforts made to apply mitigation sequencing pursuant to ECDC 23.10.250(E). to
avoid. minimize. and mitigate impacts to critical areas. Demonstration of avoidance of impacts must
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include. where applicable: alternative building locations on the property: adjustments to the project
footprint and orientation: and/or alternate building design:
6. A statement specifying the accuracy of the report and all assumptions made and relied upon:
7. A description of the methodologies used to conduct the critical areas study. including references:
8. Plans for adequate mitigation. as needed to offset any critical areas impacts. in accordance with the
mitigation plan requirements in ECDC 23.10.250(F): and
9. An evaluation of the functions and values of affected critical areas at a scale appropriate to the
functions being assessed. The evaluation shall consider interrelated ecosystems and processes that
may extend beyond parcel boundaries. including watershed-or regional-scale influences. where
relevant to maintaining overall ecological function.
E. Supplemental Information. A critical areas report may incorporate. be supplemented by or composed. in
part. of any reports or studies required by other laws and regulations or previously prepared for and
applicable to the development proposal site. as approved by the director. At the discretion of the director.
reports previously compiled or submitted as part of a proposal for development may be used as a critical
areas report to the extent that the requirements of this section and the report requirements for each
specific critical area type are met.
F. Expiration. Critical areas reports shall be considered valid for five years. except when recent events or
updates to best available science justify a new report: after such date the city shall determine whether a
revision or additional assessment is necessary.
G. Modifications to requirements.
1. Limitations to Study Area. The director may limit the required geographic area of the critical areas
report as appropriate if:
a. The applicant. with assistance from the city of Edmonds. cannot obtain permission to access
properties adjacent to the project area: or
b. The proposed activity will affect only a limited part of the subject site.
2. Modifications to Required Contents. The applicant may consult with the director prior to or during
preparation of the critical areas report to obtain approval of modifications to the required contents
of the report where. in the judgment of a qualified professional. a modification to the required
contents is required to adequately address the potential critical area impacts and required
mitigation.
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3. Additional Information Requirements. In addition to the requirements in ECDC 23.10.210. the
director may require additional information to be included in the critical areas report when
determined to be necessary to review the proposed activity in accordance with this chapter.
Additional information that may be required includes. but is not limited to:
23.10.220
a. Historical data. including original and subsequent mapping. aerial photographs. data
compilations and summaries. and available reports and records relating to the site or past
operations at the site;
b. Grading and drainage plans; and
c. Information specific to the type, location. and nature of the critical area.
Critical areas report requirements -Specific to critical area types.
A. In addition to the general critical areas report requirements of ECDC 23.10.210, critical areas reports for
specific critical area types must meet the requirements of this section. as applicable. Critical areas reports for
two or more types of critical areas must meet the report requirements for each relevant type of critical area.
B. Wetlands -Additional Critical Areas Report Requirements.
1. Critical areas report requirements for wetlands may be met in "stages" or through multiple reports.
The typical sequence of potentially required reports that may in part or in combination fulfill the
requirements of this section include:
a. Wetland reconnaissance report documenting the existence and general location of wetlands
in the vicinity of a project area;
b. Wetland delineation report documenting the extent and boundary of a jurisdictional
wetland per RCW 36.70A.175; and
c. Wetland mitigation report documenting potential wetland impacts and mitigation measures
designed to retain or increase the functions and values of a wetland in accordance with the
general provisions of this chapter.
2. A wetland critical areas report may include one or more of the above three report types. depending on
the information required by the director and the extent of potential wetland impacts. The director
maintains the authority and discretion to determine which report(s). alone or combined, are sufficient
to meet the requirements outlined below and to waive report requirements based upon site conditions
and the potential for project impacts.
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3. Area Addressed in Critical Area Report -Wetlands. In addition to the requirements in ECDC
23.10.210(D). the following areas shall be addressed in a critical area report for wetlands:
a. The project area of the proposed activity:
b. A description of the data collection methodolog½ including the date(s) of data collection. the
data forms used for wetland delineation. and a map identifying data collection points and
the boundaries of the delineated wetland. Wetland field data forms used for completion of
wetland ratings shall be consistent with the Washington State Wetland Rating System for
Western Washington: 2014 Update or as amended:
c. All wetlands and recommended buffers within 200 feet of the project area: and
d. All shoreline areas. water features. floodplains. associated streams. and other critical areas.
and related buffers within 200 feet of the project area. The location and extent of wetlands
and other critical areas existing outside of the project area or subject parcel boundary may
be shown in approximation as practical and necessary to provide an assessment of potential
project effects.
4. Wetland Analysis. A critical areas report for wetlands shall contain an analysis of the wetlands. including
the following site-and proposal-related information at a minimum:
a. A written assessment and accompanying maps of the wetlands and buffers within 200 feet
of the project area. including the following information at a minimum:
i. Wetland delineation and required buffers:
ii. Existing wetland acreage:
iii. Wetland category:
iv. Vegetative. faunal. and hydrologic characteristics:
v. Soil and substrate conditions:
vi. Topographic elevations. at two-foot contours: and
vii. A discussion of the water sources supplying the wetland and documentation of
hydrologic regime (locations of inlet and outlet features. water depths throughout the
wetland. and evidence of recharge or discharge. evidence of water depths throughout
the year: drift lines. algal layers. moss lines. and sediment deposits).
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viii. The location. extent and analyses of wetlands not contiguous with the subject parcel
existing outside of the immediate project area may be described in approximation as
practical and necessary to provide an assessment of potential project effects and
hydrologic/ecological connectivity to on-site wetlands and other critical areas.
b. A discussion of measures. including avoidance. minimization. and mitigation, proposed to
preserve existing wetlands and restore any wetlands that were degraded prior to the current
proposed land use activity.
c. A habitat and native vegetation conservation strategy that addresses methods to protect and
enhance on-site habitat and wetland functions.
d. Functional evaluation for the wetland and adjacent buffer using a local or state agency staff-
recognized method and including the reference of the method and all data sheets.
e. Proposed mitigation. if needed, including a written assessment and accompanying maps of
the mitigation area, including the following information at a minimum:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Existing and proposed wetland acreage;
Vegetative and faunal conditions;
Surface and subsurface hydrologic conditions including an analysis of existing and
future hydrologic regime and proposed hydrologic regime for enhanced, created, or
restored mitigation areas;
Relationship to the watershed and existing waterbodies;
Soil and substrate conditions. topographic elevations;
Existing and proposed adjacent site conditions;
Required wetland buffers; and
Property ownership.
f. A scale map of the development proposal site and adjacent area . A discussion of ongoing
management practices that will protect wetlands after the project site has been developed,
including proposed monitoring and maintenance programs.
g. A bond estimate for the installation (including site preparation. plant materials and
installation. fertilizers. mulch. and stakes) and the proposed monitoring and maintenance
work for the required number of years.
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C. Frequently Flooded Areas -Additional Critical Areas Report Requirements. Critical areas reports for
frequently flooded areas must meet the requirements of this section and demonstrate consistency with
ECDC 19.07. Flood Damage Prevention. and the current editions of the International Residential Code and
International Building Code. as adopted in ECDC Title 19.
1. Frequently Flooded Area Assessment. The report shall evaluate:
a. The site area of the proposed activity:
b. All special flood hazard areas within 200 feet of the project area. as identified on FEMA
flood-insurance rate maps: and
c. Any mapped floodways or other flood-prone areas within 200 feet of the project site: and
d. Any fish-passable or anadromous-fish-bearing watercourses within the affected floodplain.
2. Flood Hazard Assessment. The report shall include, at a minimum:
a. Site and Construction Plans. Plans and elevations consistent with the submittal standards of
ECDC 19.07 .070, identifying:
i. Regulatory floodplain and floodway boundaries. base-flood elevations. and other
critical-area features:
ii. Existing and proposed structures. fill. material storage. utilities. drainage facilities. and
clearing limits: and
iii. Finished-floor elevations and proposed flood-proofing measures.
b. Watercourse Alteration. Natural watercourses shall not be altered unless unavoidable. If
alteration is proposed. the report shall include:
i. A plan showing the extent of alteration or relocation:
ii. An assessment of the watercourse's functions and habitat value. including fish-passage
potential: and
iii. A maintenance program ensuring the altered or relocated segment retains its flood-
carrying capacity, consistent with ECDC 19.07.100. Watercourse Alterations and
Maintenance.
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D. Geologically Hazardous Areas -Additional Critical Areas Report Requirements. Geotechnical report(s) shall be
required whenever a potential landslide hazard area is located within 50 feet of the proposed development
site; whenever a development site is located within a seismic hazard area; or when otherwise determined as
warranted by the director (e.g .• a distance equal to the height of the slope).
1. Area Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas
report for geologically hazardous areas:
a. The project area of the proposed activity; and
b. All geologically hazardous areas within 200 feet of the project area or that have the potential
to be affected by the proposal.
2. Geological Hazards Assessment. The report shall include a field investigation and contain an
assessment of whether or not each type of geologic hazard identified in ECDC 23.10.610 is present
or not present and if development of the site will increase the risk of landslides or erosion on or off
the site. Geotechnical reports shall be prepared, stamped and signed by a qualified professional.
These reports must address all the following requirements for approval:
a. Be appropriate for the scale and scope of the project;
b. Include a discussion of all geologically hazardous areas on the site and any geologically
hazardous areas off site potentially impacted by the proposed project. If the affected area
extends beyond the subject propert½ the geology hazard assessment may utilize existing
data sources pertaining to that area;
c. Clearly state that the proposed project will not decrease slope stability or pose an
unreasonable threat to persons or property either on or off site and provide a rationale as to
those conclusions based on geologic conditions and interpretations specific to the project;
d. Provide adequate information to determine compliance with the requirements of this
chapter;
e. Follow the guidelines set forth in the Washington State Department of Licensing Guidelines
for Preparing Engineering Geology Reports in Washington (2006).
3. If a landslide or erosion hazard is identified, in accordance with ECDC 23.10.610, provide minimum
setback recommendations for avoiding the landslide or erosion hazard, other recommendations for
site development so that the frequency or magnitude of landsliding or erosion on or off the site is
not altered.
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4. Mitigation of Long-Term Impacts. When hazard mitigation is required. the mitigation plan shall
specifically address how the activity maintains or reduces the preexisting level of risk to the site and
all other properties potentially impacted on a long-term basis (equal to or exceeding the projected
lifespan of the activity or occupation). Proposed mitigation techniques shall be considered to provide
long-term hazard reduction only if they do not require regular maintenance or other actions to
maintain their function. Mitigation may also be required to avoid any increase in risk above the
preexisting conditions following abandonment of the activity.
5. Additional Technical Information Requirements for Projects within Erosion and Landslide Hazard
Areas. In addition to the basic critical areas report requirements for geologically hazardous areas
provided in (1) through (4) of this section, technical information for any development within erosion
and landslide hazard areas shall meet the requirements of Chapter 19.10 ECDC and include the
following information at a minimum:
a. Site Plan. The critical areas report shall include a copy of the site plan for the proposal
showing:
i. The height of slope, slope gradient. and cross-section of the project area:
ii. The location of springs, seeps, or other surface expressions of ground water on or within
200 feet of the project area or that have the potential to be affected by the proposal:
and
iii. The location and description of surface water runoff features:
b. Hazards Analysis. The hazards analysis component of the critical areas report shall
specifically include:
i. A description of the extent and type of vegetative cover:
ii. A description of subsurface conditions based on data from site-specific explorations;
iii. Descriptions of surface and ground water conditions, public and private sewage disposal
systems. fills and excavations. and all structural improvements;
iv. An estimate of slope stability and the effect construction and placement of structures
will have on the slope over the estimated life of the structure:
v. An estimate of the bluff retreat rate or an estimate of the percent risk of landslide area
expansion that recognizes and reflects potential catastrophic events such as seismic
activity or a 100-year storm event;
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vi. Consideration of the run-out hazard of landslide debris and/or the impacts of landslide
run-out on downslope properties:
vii. A study of slope stability including an analysis of proposed cuts. fills. and other site
grading:
viii. A documented recommendation for buffer size in accordance with ECDC 23.10.630. Any
buffer recommendation below the minimum 15-foot requirement must be substantiated
by the report.
ix. Recommendations for building siting limitations: and
x. An analysis of proposed surface and subsurface drainage. and the vulnerability of the
site to erosion:
c. Geotechnical Engineering Report. The technical information for a project within a landslide
hazard area shall include a geotechnical engineering report prepared by a licensed engineer
that presents engineering recommendations for the following:
i. Parameters for design of site improvements including appropriate foundations and
retaining structures. These should include allowable load and resistance capacities for
bearing and lateral loads. installation considerations. and estimates of settlement
performance:
ii. Recommendations for drainage and subdrainage improvements:
iii. Earthwork recommendations including clearing and site preparation criteria. fill
placement and compaction criteria. temporary and permanent slope inclinations and
protection. and temporary excavation support. if necessary; and
iv. Mitigation of adverse site conditions including slope stabilization measures and
seismically unstable soils. if appropriate:
d. Erosion and Sediment Control Plan. For any development proposal on a site containing an
erosion hazard area. an erosion and sediment control plan shall be required. The erosion
and sediment control plan shall be prepared in compliance with requirements set forth in
Chapter 18.30 ECDC.
6. Limited Report Requirements for Stable Erosion Hazard Areas. At the director's discretion. detailed
critical areas report requirements may be waived for erosion hazard areas with stable slopes. Report
requirements for stable erosion hazard areas may be met through construction documents that shall
include at a minimum an erosion and sediment control plan prepared in compliance with
requirements set forth in Chapter 18.30 ECDC.
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7. Seismic Hazard Areas. In addition to the basic critical areas report requirements for geologically
hazardous areas provided in (1) through (4) of this section. a critical areas report for a seismic hazard
area shall also meet the following requirements:
a. The hazards analysis shall include a complete discussion of the potential impacts of seismic
activity on the site (for example. forces generated and fault displacement).
b. A geotechnical engineering report shall evaluate the physical properties of the subsurface
soils. especially the thickness of unconsolidated deposits and their liquefaction potential. If it
is determined that the site is subject to liquefaction. mitigation measures appropriate to the
scale of the development shall be recommended and implemented. [Ord. 4026 § 1 (Att. A).
2016: Ord. 3527 § 2. 2004].
E. Fish and Wildlife Habitat Conservation Areas -Additional Critical Areas Report Requirements. Critical area
reports for fish and wildlife habitat conservation areas must meet the requirements of this section.
1. Areas Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas
report for fish and wildlife habitat conservation areas:
a. The project area of the proposed activity:
b. All fish and wildlife habitat conservation areas and recommended buffers within 200 feet of
the project area:
c. All shoreline areas. floodplains. other critical areas. and related buffers within 200 feet of the
project area: and
d. A discussion of the efforts to avoid and minimize potential effects to these resources and the
implementation of mitigation/enhancement measures as required.
2. Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the
potential presence or absence of designated critical fish or wildlife species or habitat. A critical areas
report for a fish and wildlife habitat conservation area shall contain an assessment of habitats.
including the following site-and proposal-related information at a minimum:
a. Detailed description of vegetation on and adjacent to the project area and its associated
buffer:
b. A description of the watershed in which the project is located:
c. Identification of any species of local importance. priority species. or endangered.
threatened. sensitive. or candidate species that have a primary association with habitat on
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or adjacent to the project area. and assessment of potential project impacts to the use of
the site by the species;
d. A discussion of any federal. state. or local special management recommendations. including
Washington Department of Fish and Wildlife habitat management recommendations. that
have been developed for species or habitats located on or adjacent to the project area.
3. Additional Technical Information Requirements for Streams and Riparian Management Zones. Critical
area report requirements may be met. at the discretion of the director. through submission of one or
more specific report types:
a. If an enhancement to the riparian management zone is proposed per ECDC 23.10.730(0)(2)
to reduce the required width of the riparian management zone. or as part of project
mitigation required by the director. a riparian management zone enhancement plan may be
submitted to fulfill the requirements of this section.
b. If no project impacts are anticipated and riparian management zone widths are retained. a
stream survey report. general critical areas report or other reports alone or in combination
may be submitted as consistent with the specific requirements of this section.
4. In addition to the basic critical areas report requirements for fish and wildlife habitat conservation
areas provided in subsections (1) through (2) of this section. technical information on streams shall
include the following information at a minimum:
a. A written assessment and accompanying maps of the stream and associated hydrologic
features within 200 feet of the project area. including the following information at a
minimum:
i. Stream survey showing the ordinary high water mark(s):
ii. Standard stream buffer boundary;
iii. Boundary for proposed reduced stream buffers:
iv. Vegetative. faunal. and hydrologic characteristics;
v. Soil and substrate conditions: and
vi. Topographic elevations. at two-foot contours;
b. A detailed description and functional assessment of the stream buffer under existing
conditions pertaining to the protection of stream functions. fish habitat and. in particular.
potential anadromous fisheries:
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23.10.230
c. A habitat and native vegetation conservation strategy that addresses methods to protect and
enhance on-site habitat and stream functions:
d. Proposed buffer enhancement. if needed. including a written assessment and accompanying
maps and planting plans for buffer areas to be enhanced. including the following information
at a minimum:
i. A description of existing buffer conditions:
ii. A description of proposed buffer conditions and how proposed conditions will increase
buffer functioning in terms of stream and fish habitat protection:
iii. Performance standards for measuring enhancement success through a monitoring
period of at least five years: and
iv. Provisions for monitoring and submission of monitoring reports documenting buffer
conditions as compared to performance standards for enhancement success:
e. A discussion of ongoing management practices that will protect stream functions and habitat
value through maintenance of vegetation density within the stream buffer.
Review criteria.
A. Any alteration to a critical area shall be reviewed and approved. approved with conditions. or denied based
on the proposal's ability to comply with all of the following criteria:
1. The proposal minimizes the impact on critical areas in accordance with ECDC 23.10.250(E).
Mitigation sequencing:
2. The proposal does not pose an unreasonable threat to the public health. safet½ or welfare on or off
the development proposal site:
3. The proposal is consistent with the general purposes of this chapter and the public interest:
4. Any alterations permitted to the critical area are mitigated in accordance with ECDC 23.10.250:
5. The proposal protects the critical area functions and values consistent with the best available science
and results in no net loss of critical area functions and values: and
6. The proposal is consistent with other applicable regulations and standards.
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B. The director may condition the proposed activity as necessary to mitigate impacts to critical areas and to
conform to the standards required by this chapter. Except as provided for by this chapter. any project that
cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences in ECDC
23.10.2SO(E) shall be denied.
23.10.240 Contingent review procedure and criteria.
A. Scope. The procedures set forth in this section shall apply to the following types of critical area restoration
projects as allowed by ECDC 23.10.100:
1. Restoration projects involving anadromous fish streams;
2. Restoration projects involving Category I or Category II wetlands;
3. Restoration projects involving Category I or Category II estuarine wetlands.
B. Notice of Application. Development activity within the scope of subsection (A) of this section shall be
processed as a Type II application. unless the process is altered according to subsection (D) of this section. In
addition to the notice provided pursuant to ECDC Title 20, notice of application for all such development
shall also be sent to the city council by email.
C. Contingent Review Process. Development activity within the scope of subsection (A) of this section shall be
escalated to a Type Ill-A process when:
1. The city receives a request from any person for a public hearing within 14 days of the date of the
notice of application; and
2. The public hearing request is accompanied by a hearing fee in the amount of SO percent of the
difference between the Type II and Type Ill-A application fee.
D. Effect of Contingent Review. When the contingent review process is triggered pursuant to subsection (C) of
this section. the project applicant shall pay the other SO percent of the difference between the Type II and
Type Ill-A application fee. on top of the previously paid Type II application fee. The applicant shall pay this fee
within 30 days of notice from the city that the fee is due. If the applicant fails to pay the additional fee within
the required 30-day period. the application for the project shall be deemed withdrawn. The city shall not
schedule the public hearing until the additional fee has been paid. For these public hearings. the cost of the
hearing examiner shall be borne by the city.
E. Notice of Decision. Whether development activity within the scope of subsection (A) of this section is
processed as a Type II application or escalated to a Type Ill-A application. notice of decision shall be sent by
email to the city council in addition to any other notice that may be required by ECDC Title 20.
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23.10.250 Mitigation requirements and sequencing.
A. Mitigation requirements. Applicants must avoid impacts to critical areas whenever possible. If impacts are
unavoidable. they shall be mitigated using the best available science in accordance with an approved critical
areas report and SEPA documents to ensure no net loss of critical area functions and values.
B. Mitigation standards. Mitigation must:
1. Maintain or replace the functions and values of the impacted critical area: and
2. Eliminate or reduce risks posed by critical area hazards.
C. Timing of mitigation. Mitigation shall not begin until the director approves of a critical areas report that
includes a mitigation plan. All mitigation shall follow the approved plan.
D. Proiect approval. If impacts cannot be adequately mitigated to achieve no net loss or protect public safety as
required in this chapter. the project shall not be approved.
E. Mitigation sequencing. Applicants shall demonstrate that all reasonable efforts have been made to avoid
and minimize impacts to critical areas.
1. Sequence. When an alteration to a critical area is proposed. impacts must be addressed in the
following order of priority to ensure no net loss of critical area functions:
a. Avoid the impact by not taking a certain action or parts of an action:
b. Minimize impacts by limiting the degree or magnitude of the action. redesigning the project.
relocating facilities. adjusting timing. or using alternative technologies to avoid net loss of
functions and values ofthe critical area:
c. Repair or restore the affected area to the extent feasible to reestablish critical area functions
and values.
d. Stabilize hazards by restoring or engineering the hazard area to eliminate or minimize risks
to public safety and property:
e. Compensate for remaining impacts by replacing. enhancing. or providing substitute
resources or environments: and/or
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f. Monitor and adapt to ensure mitigation measures are successful. with remedial actions
taken as needed to achieve performance standards.
2. Project viability. If impacts cannot be provided to ensure no net loss to function and values. or to
protect public safety. the project must be redesigned or withdrawn.
3. Combination of measures. Mitigation for individual projects may include a combination of the
measures above. as appropriate.
F. Mitigation plan requirements. When mitigation is required, the applicant shall submit for approval by the
director a mitigation plan as part of the critical areas report. The mitigation plan shall include:
1. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying
environmental goals and objectives of the compensation proposed and including:
a. A description of the anticipated impacts to the critical areas. the mitigating actions
proposed, and the purposes of the compensation measures, including the site selection
criteria; identification of compensation goals; identification of resource functions; and dates
for beginning and completion of site compensation construction activities. The goals and
objectives shall be related to the functions and values of the impacted critical area;
b. A review of the best available science supporting the proposed mitigation;
c. An analysis of the likelihood of success of the compensation project: and
d. Specific mitigation plan and report requirements for each critical area type as indicated in
this chapter.
2. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating
whether the goals and objectives of the mitigation project have been successfully attained and
whether the requirements of this chapter have been met.
3. Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions
of the mitigation proposed. such as:
a. The proposed construction sequence, timing, and duration;
b. Areas of proposed impacts on critical areas or buffers;
c. Grading and excavation details;
d. Erosion and sediment control features;
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e. A planting plan specifying plant species. quantities. locations. size. spacing. and density; and
f. Measures to protect and maintain plants until established.
These written specifications shall be accompanied by detailed site diagrams. scaled cross-sectional
drawings. topographic maps showing slope percentage and final grade elevations. and any other
drawings appropriate to show construction techniques or anticipated final outcome.
4. Monitoring Program. The mitigation plan shall include a program for monitoring construction and for
assessing a completed project. A protocol shall be included outlining the schedule for site
monitoring (for example. monitoring shall occur in years one. three. and five after site construction).
and how the monitoring data will be evaluated to determine if the performance standards are being
met. A monitoring report shall be submitted as needed to document milestones. successes.
problems. and contingency actions of the compensation project. The compensation project shall be
monitored for a period necessary to establish that performance standards have been met. but not
for a period less than five years without approval from the director.
5. Contingency Plan. The mitigation plan shall include identification of potential courses of action and
any corrective measures to be taken if monitoring or evaluation indicates project performance
standards are not being met.
6. Financial Guarantees. The mitigation plan shall include financial guarantees. as necessary. to ensure
that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the
compensation project. monitoring program. and any contingency measures shall be posted in
accordance with ECDC 23.10.290, Bonds to ensure mitigation. maintenance. and monitoring.
G. Innovative mitigation.
1. Purpose. The City may encourage and approve innovative mitigation approaches. such as advance
mitigation. in-lieu fee programs. or mitigation banking. when they are based on the best available
science and likely to provide equal or greater critical area functions than on-site mitigation.
2. Criteria for approval. Innovative mitigation may only be approved when all of the following apply:
a. Lack of on-site feasibility. On-site mitigation is not feasible or has a low likelihood of success
due to site limitations. such as inadequate hydrology. unsuitable soil. or insufficient area for
full mitigation.
b. Improved functional outcome. Off-site mitigation offers a greater potential for long-term
success and functional value compared to on-site mitigation.
c. Location preference. Off-site mitigation shall occur within the same drainage basin and
within City limits unless:
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i. Established watershed goals justify another location:
ii. Credits are purchased from a state-certified mitigation bank: or
iii. Fees are paid to an approved in-lieu fee program consistent with program requirements.
H. Wetlands -Compensatory Mitigation Requirements. Compensatory mitigation for alterations to wetlands
shall achieve equivalent or greater biologic functions. Wetland mitigation plans shall be consistent with
guidelines in Wetland Mitigation in Washington State -Part 2: Developing Mitigation Plans (Ecology. 2006)
and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology. 2009). as revised.
1. Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions
affected by the alteration to achieve functional equivalency or improvement and shall provide
similar wetland functions as those lost. except when:
a. The lost wetland provides minimal functions as determined by a site-specific function
assessment. and the proposed compensatory mitigation action(sl will provide equal or
greater functions or will provide functions shown to be limiting within a watershed through
a formal Washington State watershed assessment plan or protocol; or
b. Out-of-kind replacement will best meet formally identified watershed goals. such as
replacement of historically diminished wetland types.
2. Preference of Mitigation Actions. Mitigation actions that require compensation by replacing.
enhancing. or substitution shall occur in the following order of preference:
a. Restoring (reestablishing) wetlands on upland sites that were formerly wetlands.
b. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting
primarily of nonnative. introduced species. This should only be attempted when there is a
consistent source of hydrology and it can be shown that the surface and subsurface
hydrologic regime is conducive for the wetland community that is being designed.
c. Enhancing significantly degraded wetlands in combination with restoration or creation. Such
enhancement should be part of a mitigation package that includes replacing the impacted
area meeting appropriate ratio requirements.
d. Implementing compensatory restoration through purchase of credits at an approved
mitigation bank or through payment into an approved in-lieu fee program.
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3. Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological
functioning would result from an alternate approach. compensatory mitigation for ecological
functions shall be in kind and conducted on the site or in the vicinity of the alteration except when
all of the following apply:
a. On-site opportunities do not have a high likelihood of success, after a determination of the
natural capacity of the site to mitigate for the impacts. Consideration should include:
anticipated wetland mitigation replacement ratios. buffer conditions and proposed widths.
hydrogeomorphic classes of on-site wetlands when restored, proposed flood storage
capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity):
b. Off-site mitigation has a greater likelihood of providing equal or improved wetland functions
than the impacted wetland:
c. Off-site mitigation incorporates guidance from Calculating Credits and Debits for
Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication No. 10-
06-011, Hruby 2012): and
d. Off-site locations for compensatory mitigation are consistent with city of Edmonds goals for
watershed wide ecological restoration. Off-site locations are selected with a preference for
sites within the same basin as the impact, followed by other sites within the city. Specific
areas targeted for restoration efforts include:
i. Lake-fringe wetlands and habitat areas associated with Lake Ballinger:
ii. Edmonds marsh:
iii. Yost Park wetlands:
iv. Good Hope wetlands:
v. Wetlands and habitat areas peripheral to anadromous fish-bearing streams: and
vi. Sites available through an approved mitigation bank or in-lieu fee program.
This list is not comprehensive and may change as the city of Edmonds identifies areas
suitable for restoration and capital improvement projects consistent with goals for
jurisdiction-wide habitat retention and enhancement provided in the city's comprehensive
plan.
4. Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan prior to
activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately
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following disturbance and prior to use or occupancy of the activity or development. Construction of
mitigation projects shall be timed to reduce impacts to existing fisheries. wildlife. and flora.
Category and Type of Creation or Rehabilitation only Enhancement only Wetland Reestablishment
Category I:
Based on functions 4:1 8:1 16:1
Mature and old-growth 6:1 12:1 24:1
forest
High conservation Not considered possible
valueLbog
Category II:
All 3:1 6:1 12:1
Category Ill:
All 2:1 4:1 8:1
Category IV:
All 1.5:1 3:1 6:1
5. Mitigation Ratios.
a. Acreage Replacement Ratios. The ratios in the table below shall apply to creation or re-
establishment. rehabilitation. or enhancement that is in kind. is on site. is timed prior to or
concurrent with alteration. and has a high probability of success. These ratios do not apply
to remedial actions resulting from unauthorized alterations; greater ratios shall apply in
those cases. The first number specifies the acreage of replacement wetlands and the second
specifies the acreage of wetlands altered. Ratios for rehabilitation and enhancement may be
reduced when combined with 1:1 replacement through creation or reestablishment
pursuant to Table la. Wetland Mitigation in Washington State -Part 1: Agency Policies and
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Guidance -Version 1 (Ecology Publication No. 06-06-lla. or as revised). Creation.
reestablishment. rehabilitation. and enhancement definitions are provided in ECDC
23.!0.020 and shall be additionally consistent with intent pursuant to Ecology Publication
No. 06-06-lla.
Mitigation requirements may also be determined using the credit/debit tool described in
Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western
Washington: Final Report (Ecology Publication No. 10-06-011. Olympia. WA. March 2012. or
as revised) if approved by the director.
6. Off-Site Mitigation. The ratios provided in subsection (S)(a) of this section do not apply to off-site
mitigation. including use of credits from a state-certified wetland mitigation bank or payment to a
certified in lieu fee program. When off-site mitigation is proposed. or when a mitigation bank or in-
lieu fee program is used. replacement ratios may incorporate guidance from Calculating Credits and
Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication No.
10-06-011. Hruby 2012), and for mitigation banks or in-lieu fee programs should be consistent with
the certification requirements. Use of mitigation banks shall meet all requirements of subsection (9)
of this section.
7. Increased Replacement Ratio. The director may require increased compensatory mitigation ratios
under the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration or creation:
b. A significant period of time will elapse between impact and replication of wetland functions:
c. Proposed mitigation will result in a lower-category wetland or reduced functions relative to
the wetland being impacted: or
d. The impact was an unauthorized impact.
8. Wetlands Enhancement as Mitigation.
a. Impacts to wetland functions may be mitigated by enhancement of existing significantly
degraded wetlands. but may. at the discretion of the director. be used in conjunction with
restoration and/or creation. Applicants proposing to enhance wetlands must produce a
critical areas report that identifies how enhancement will increase the functions of the
degraded wetland and how this increase will adequately mitigate for the loss of wetland
area and function at the impact site. An enhancement proposal must also show whether
existing wetland functions will be reduced by the enhancement actions.
b. At a minimum. enhancement acreage shall be double the acreage required for creation or
restoration under subsection (5) of this section. The ratios shall be greater than double the
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required acreage where the enhancement proposal would result in minimal gain in the
performance of wetland functions and/or result in the reduction of other wetland functions
currently being provided in the wetland.
c. Mitigation ratios for enhancement in combination with other forms of mitigation shall range
from six-to-one to three-to-one and be limited to Class Ill and IV wetlands.
9. Wetland Mitigation Banks and In-Lieu Fee Programs.
a. Wetland Mitigation Banks. Credits from a wetland mitigation bank may be approved for use
as compensation for unavoidable impacts to wetlands when:
i.
ii.
iii.
iv.
v.
The bank is certified under state rules:
The director determines that the wetland mitigation bank provides appropriate
compensation for the authorized impacts:
The proposed use of credits is consistent with the terms and conditions of the bank's
certification instrument;
Replacement ratios for projects using bank credits are consistent with replacement
ratios specified in the bank's certification; and
Credits from a certified wetland mitigation bank are used to compensate for impacts
located within the service area specified in the certified bank instrument. In some
cases. the service area of the bank may include portions of more than one adjacent
drainage basin for specific wetland functions.
b. In-Lieu Fee Programs. As an alternative to on-site or other off-site mitigation approaches. the
director may approve purchase of credit for compensatory mitigation from an in-lieu fee
program. Any such program used to compensate for direct wetland impacts shall be
developed and approved through a public process and be consistent with federal rules. state
policy on in-lieu fee mitigation and state water quality regulations. Determining credit
purchase necessary to compensate for wetland impacts shall incorporate guidance from
Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western
Washington (Ecology Publication No. 10-06-011. Hruby 2012). Development proposals
impacting critical areas and/or associated buffers may contribute payment towards an
identified city of Edmonds mitigation project with approval from the director; provided. that
the mitigation approach meets all state and federal permit requirements. where required.
Applicant provision of funds for compensatory mitigation shall only be approved if:
i. The director determines that it would provide environmentally appropriate
compensation for the proposed wetland impacts:
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ii. The mitigation will occur on a site identified using the site selection and prioritization
process in the approved in-lieu fee program instrument or at a city-identified restoration
site consistent with ECDC 23.10.250(G).
iii. A restoration area and plan have been identified and shall be implemented within three
years of project development:
iv. Restoration efforts are focused in areas identified as suitable for restoration by the
director: and
v. Credits from an approved in-lieu fee program may be used to compensate for impacts
located within the service area specified in the approved in-lieu fee instrument.
I. Fish and Wildlife Habitat Conservation Areas -Additional Mitigation Requirements.
1. Where allowed. a fish and wildlife habitat conservation area may be altered only in accordance with
mitigation sequencing as prescribed in ECDC 23.10.250(E) and only if the proposed alteration does
not result in a net loss of the functions and values of the habitat. Any approval of an alteration or
impacts to a fish and wildlife habitat conservation area must be supported by best available science
as described in the required critical area report prepared by a qualified professional.
2. Mitigation of alterations to fish and wildlife habitat conservation areas shall achieve equivalent or
greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream
or downstream of the development proposal site. Mitigation shall address each function affected by
the alteration to achieve functional equivalency or improvement on a per function basis. Mitigation
shall be located on site except when demonstrated that a higher level of ecological functioning
would result from an off-site location. Mitigation shall be detailed in a fish and wildlife habitat
conservation area mitigation plan. which may include the following as necessary:
i. A native vegetation planting plan:
ii. Plans for retention. enhancement or restoration of specific habitat features:
iii. Plans for control of nonnative invasive plant or wildlife species: and
iv. Stipulations for use of innovative. sustainable building practices.
23.10.260 Monitoring and bonds.
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A. Bonds to ensure mitigation. maintenance. and monitoring.
1. When required. If required mitigation cannot be completed before final permit approval (e.g .• final plat
approval. final building inspection). the applicant shall post a financial guarantee. such as a performance
bond or other securit½ to ensure mitigation. maintenance. and monitoring are completed as approved.
2. Form and amount.
a. The bond shall be in the amount of 120 percent of the estimated cost of uncompleted work.
including a reasonable inflation factor based on the length of anticipated delay.
b. Bond shall be in a form acceptable to the City's attorney (e.g .• suret½ performance. or
maintenance bond).
3. Duration and release.
a. Bonds or other security authorized by this section shall remain in effect until the director
determines. in writing. that mitigation is fully implemented and performance standards are
met.
b. Bonds or other security shall be held by the city for a minimum of five years or longer if
needed to ensure mitigation success.
c. Depletion. failure. or collection of bond funds shall not discharge the obligation to complete
required mitigation. maintenance. monitoring. or restoration.
4. Public projects. Public development projects are exempt from bonding requirements of this section if
public funds have been committed for mitigation. maintenance. monitoring. or restoration.
5. Default. Failure to comply with requirements. including monitoring and reporting deadlines. within 30
days after the due date constitutes default. Upon default. the City may collect bond funds or take other
enforcement actions authorized by law.
6. Recovered funds. Any funds recovered pursuant to this section shall be used to complete the required
mitigation.
23.10.270 Appeals.
Any decision to approve. condition. or deny a development proposal or other activity based on the requirements
of this chapter may be appealed according to. and as part of. the appeal procedure. if any. for the permit or
approval involved.
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23.10.280 Variances.
A. Variances from the standards of this chapter may be authorized through the process of hearing examiner
review in accordance with the general requirements set forth in ECDC 20.85.020 only if an applicant
demonstrates that one or more of the following two conditions exist:
1. The application of this chapter would prohibit a development proposal by a public agency or public
utility. A public agency and utility exception may be granted as a variance if:
a. There is no other practical alternative to the proposed development with less impact on the
critical areas:
b. The application of this chapter would unreasonably restrict the ability to provide utility
services to the public:
c. The proposal does not pose an unreasonable threat to the public health. safety. or welfare
on or off the development proposal site:
d. The proposal protects and mitigates impacts to the critical area functions and values
consistent with the best available science: and
e. The proposal is consistent with other applicable regulations and standards.
2. The application of this chapter would deny all reasonable economic use (see the definition of
"reasonable economic use(s)" in ECDC 23.10.030) of the subject property acquired prior to the
applicable provisions of this chapter. A reasonable use exception may be authorized as a variance
only if an applicant demonstrates that:
a. The application of this chapter would deny all reasonable economic use of a property or
subject parcel:
b. No other reasonable economic use of the property consistent with the underlying zoning
and the city comprehensive plan has less impact on the critical area:
c. Applicant demonstrates that an alternative building type permitted under the parcel's zoning
cannot be used to avoid impacts:
d. The proposed impact to the critical area is the minimum necessary to allow for reasonable
economic use of the property:
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e. The applicant's inability to derive reasonable economic use of the property must not result
from actions taken by the applicant after the effective date of this chapter or its predecessor.
including actions related to acquisition of the property;
f. The proposal does not pose an unreasonable threat to the public health. safety, or welfare
on or off the development proposal site:
g. The proposal creates no net loss of critical area functions and values consistent with the best
available science; and
h. The proposal is consistent with other applicable regulations and standards.
B. Specific Variance Criteria. A variance may be granted ifthe applicant demonstrates that the requested action
conforms to all of the following specific criteria:
1. Special conditions and circumstances exist that are peculiar to the land. the lot. or something
inherent in the land. and that are not applicable to other lands in the same district;
2. The special conditions and circumstances do not result from the actions of the applicant:
3. A literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable
economic uses and privileges permitted to other properties in the vicinity and zone of the subject
property under the terms of this chapter. and the variance requested is the minimum necessary to
provide the applicant with such rights;
4. Granting the variance requested will not confer on the applicant any special privilege that is denied
by this chapter to other lands. structures. or buildings under similar circumstances:
5. The granting of the variance is consistent with the general purpose and intent of this chapter. and
will not further degrade the functions or values of the associated critical areas or be materially
detrimental to the public welfare or injurious to the property or improvements in the vicinity ofthe
subject property;
6. The variance application shall include an assessment by a qualified professional with a
recommendation for setbacks from the critical area to preserve its values and function; and
7. The decision to grant the variance is based upon the best available science and gives special
consideration to conservation or protection measures necessary to preserve or enhance
anadromous fish habitat.
C. Hearing Examiner Review. The city hearing examiner shall. as a Type Ill-A decision (see Chapter 20.01 ECDC),
review variance applications and conduct a public hearing. The hearing examiner shall approve. approve with
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conditions. or deny variance applications based on a proposal's ability to comply with general and specific
variance criteria provided in subsections (A) and (B) of this section.
D. Conditions May Be Required. The director retains the right to prescribe such conditions and safeguards as are
necessary to secure adequate protection of critical areas from adverse impacts. and to ensure conformity
with this chapter for variances granted through hearing examiner review.
E. Time Limit. The director shall prescribe a time limit within which the action for which the variance is required
shall be begun, completed, or both. Failure to begin or complete such action within the established time
limit shall void the variance. unless the applicant files an application for an extension of time before the
expiration. An application for an extension of time shall be reviewed by the director as a Type II decision (see
Chapter 20.01 ECDC).
F. Burden of Proot The burden of proof shall be on the applicant to bring forth evidence in support of a
variance application and upon which any decision has to be made on the application.
23.10.290 Inspections.
Reasonable access to the site shall be provided to the cit½ state. and/or federal agency review staff for the
purpose of inspections during any proposal review. restoration, emergency action, or monitoring period. Failure
to provide access shall constitute grounds for issuance of a stop work order.
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Article I. Wetlands
23.10.300 Description and Purpose.
A. Description. Wetlands are areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support. and that under normal circumstances do support. a prevalence of
vegetation adapted to life in saturated soil conditions. All areas meeting the wetland designation criteria. as
determined using the U.S. Army Corps of Engineers Wetlands Delineation Manual (1987) and applicable
regional supplements. are regulated under this chapter. Wetlands shall be rated according to the Washington
State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029. or as
amended). in accordance with WAC 173-22-035.
B. Purpose. The purpose of this article is to protect. maintain. and where feasible restore the functions and
values of wetlands-including flood storage and attenuation. water-quality improvement. groundwater
recharge. and fish and wildlife habitat-in compliance with the Washington State Growth Management Act
(RCW 36.70A.170 and 36.70A.172).
23.10.310 Designation. rating. and mapping.
A. Designation. Wetlands are those areas. designated in accordance with the approved federal delineation
manual and applicable regional supplements as set forth in WAC 173-22-035.
B. Wetland Ratings. Wetlands shall be rated according to the Washington Department of Ecology wetland
rating system. as set forth in the Washington State Wetland Rating System for Western Washington: 2014
Update (Ecology Publication No. 14-06-029. or as revised and approved by Ecology). which contains the
definitions and methods for determining whether the criteria below are met.
1. Category I. Category I wetlands are: (al relatively undisturbed estuarine wetlands larger than one acre:
(bl wetlands of high conservation value that are identified by scientists of the Washington Natural
Heritage Program/DNR: (c) bogs; (d) mature and old-growth forested wetlands larger than one acre: (e)
wetlands in coastal lagoons: (fl interdunal wetlands that score eight or nine habitat points and are larger
than one acre; and (g) wetlands that perform many functions well (scoring 23 points or morel. These
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wetlands: (a) represent unique or rare wetland types: (b) are more sensitive to disturbance than most
wetlands; (c) are relatively undisturbed and contain ecological attributes that are impossible to replace
within a human lifetime: or (d) provide a high level of functions.
2. Category II. Category II wetlands are: (a) estuarine wetlands smaller than one acre. or disturbed
estuarine wetlands larger than one acre: (b) interdunal wetlands larger than one acre or those found in a
mosaic of wetlands: or (c) wetlands with a moderately high level of functions (scoring between 20 and
22 points).
3. Category Ill. Category Ill wetlands are: (a) wetlands with a moderate level of functions (scoring between
16 and 19 points): (b) can often be adequately replaced with a well-planned mitigation project: and (c)
interdunal wetlands between one-tenth and one acre. Wetlands scoring between 16 and 19 points
generally have been disturbed in some ways and are often less diverse or more isolated from other
natural resources in the landscape than Category II wetlands.
4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 points) and
are often heavily disturbed. These are wetlands that we should be able to replace. or in some cases to
improve. However. experience has shown that replacement cannot be guaranteed in any specific case.
These wetlands may provide some important functions and should be protected to some degree.
s. Illegal Modifications. Wetland rating categories shall not change due to illegal modifications made by the
applicant or with the applicant's knowledge.
C. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of
adoption of the rating system by the local government. as the wetland naturally changes thereafter. or as the
wetland changes in accordance with permitted activities.
D. Delineation. The exact location of a wetland's boundary shall be determined through the performance of a
field investigation by a qualified professional wetland scientist applying the approved federal wetland
delineation manual and applicable regional supplements and appended to the critical area report. Wetland
delineations are valid for five years. except when recent events or updates to best available science justify a
new delineation.
E. Lake Ballinger. Lake Ballinger is designated on the U.S. National Wetlands Inventory as a lacustrine (lake)
environment and should not be delineated as a wetland in its entirety. Lake fringe wetlands existing along
the periphery of Lake Ballinger shall be identified according to specific criteria provided in this section.
Consistent with guidance for delineating lake fringe wetlands provided in these resources. the existence of
jurisdictional wetlands along Lake Ballinger shorelines shall be largely based upon the presence of persistent
emergent vegetation in shoreline areas less than 6.6 feet in depth. Provisions for protection of Lake Ballinger
shorelines not meeting criteria for jurisdictional wetlands are provided in the city of Edmonds shoreline
master program.
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F. Edmonds Marsh. The Edmonds Marsh is a 28-acre Category I tidal wetland which in addition to being a
wildlife habitat and natural resource sanctuary is also classified by the state as a priority habitat.
G. Other Significant Wetlands.
1. Good Hope Pond.
2. Mouth of Shell Creek.
23.10.320 Development standards.
A. Activities and uses shall be prohibited in wetlands and wetland buffers. except as provided for in ECDC
23.10.090 and 23.10.100.
B. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will
not degrade the functions and functional performance of the wetland and other critical areas.
C. Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands. except as provided in
ECDC 23 .10.090, ECDC 23.10.100. and restoration projects approved by the director.
D. Category II Wetlands. With respect to activities proposed in Category II wetlands. the following standards
shall apply:
1. Water-dependent activities may be allowed where there are no practicable alternatives that would have
a less adverse impact on the wetland. its buffers and other critical areas.
2. Where non-water-dependent activities are proposed, it shall be presumed that alternative locations are
available. and therefore. activities and uses shall be prohibited unless the applicant demonstrates that:
a. The basic project purpose. as proposed, cannot be accomplished and avoid impact. or result
in a less adverse impact. on a wetland on another site or sites in the general region: and
b. All alternative designs of the project as proposed. such as a reduction in the size, scope,
configuration. or density of the project. would not avoid or result in less of an adverse
impact on a wetland or its buffer.
E. Category Ill and IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be
permitted in Category Ill and IV wetlands and associated buffers in accordance with an approved critical
areas report and mitigation plan.
F. Wetland Buffers.
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1. General Buffer Requirements.
a. Vegetation requirements. At least 70 percent ofthe buffer area not covered by pre-existing
structures or paved surfaces shall be covered with native plants. Non-native and non-
invasive species shall not exceed 10 percent of the total area. Noxious weeds and invasive
species shall be removed in compliance with the provisions found in ECDC 23.10.070(CH7l.
b. Buffer widths. Established in accordance with best available science and the Washington
State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No.
14-06-029. or as revised and approved by Ecology) and are based on the category of
wetland. habitat score. and the adjacent land use intensity (assumed to be high).
c. The more protective buffer widths in the Standard Buffer Width table in subsection (F)(3)(a)
below apply by default. However. if the conditions in subsection (FH2) of this subsection are
met and approved. buffers found in the Reduced Buffer Width table in subsection (F)(3)(b)
below may be used.
2. Reduced Buffer Options Based on Habitat Score.
a. Wetlands with habitat score of six or more. The Reduced Buffer Width table in (F)(3)(b) of
this subsection may be used only when all of the following conditions are met:
i. A protected. undisturbed vegetated corridor at least 100 feet wide is provided between
the wetland and a priority habitat. as defined by the Washington State Department of
Fish and Wildlife.
ii. The corridor is legally protected for its entire length (e.g .. conservation easement).
iii. A qualified biologist confirms the presence of the priority habitat.
iv. If no corridor option exists. the buffer widths in Table (F)(3)(a) may be used only when all
the applicable impact-reduction measures in Table (F}(4}(b) are implemented.
b. Wetlands with a habitat score of three to five. The impact-minimization measures in
subsection (F)(4) are required when using the buffer widths in Table (F)(3)(b).
3. Wetland Buffer Width Tables.
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Table 23.10.320(F)(3)(a): Standard Buffer Widths.
Buffer Width (in Feet) Based on Habitat Score
Wetland Categorv Habitat Score: Habitat Score: Habitat Score:
3-5 6-7 8-9
Catego~ I:
Based on total score 100' 150' 300'
Bogs and wetlands of high 250' 300'
conservation value
Forested 100' 150' 300'
lnterdunal 300'
Estuarine and coastal lagoons 200'
Categorv II:
Based on score 100' 150' 300'
lnterdunal wetlands 150'
Estuarine and coastal lagoons 150'
Categorv Ill:
All 80' 150' 300'
Catego~ IV:
All SO'
Table 23.10.320(F)(3)(b): Reduced Buffer Widths.
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Buffer Width (in Feet) Based on Habitat Score
Habitat Score: Habitat Score: Habitat Score: Wetland Categorv 3-5 6-7 8-9
Categorv I:
Based on total score 75' 110' 225'
Bogs and wetlands of high
conservation value 190' 225'
Forested 75' 110' 225'
lnterdunal 225'
Estuarine and coastal lagoons 150'
Categorv II:
Based on score 75' 110' 225'
lnterdunal wetlands 110'
Estuarine and coastal lagoons 110'
Catego~ Ill:
All 60' 110' 225'
Categorv IV:
All 40'
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4. Impact-Reduction Measures. The impact-reduction measures in this subsection shall be
implemented. where applicable. and minimize impacts to the adjacent land uses.
Table 23.10.320(F)(4). Impact-Reduction Measures.
Disturbance Measures
Lights • Direct lights away_ from wetland
Noise • Locate activity_ that generates noise away_ from wetland
• If warranted, enhance existing buffer with native vegetation planting adjacent to
noise source
• For activities that generate relatively_ continuous. potentially_ disruptive noise •
such as certain heavy_ industry_ or mining. establish an additional 10-foot heavily_
vegetated buffer strip immediately_ adjacent to the outer wetland buffer
Toxic runoff • Route all new. untreated runoff away_ from wetland while ensuring wetland is
not dewatered
• Establish covenants limiting use of pesticides within 150 feet of wetland
• Apply_ integrated pest management
Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent
development
• Prevent channelized flow from lawns that directly_ enters the buffer
• Use low-intensity_ development technigues (for more information see
stormwater ordinance and manual}
Changes in water • Infiltrate or treat. detain. and disperse into buffer new runoff from impervious
impervious regime surfaces and new lawns
surfaces
Pets and human • Use privacy_ fencing or plant dense vegetation to delineate buffer edge and to
disturbance discourage disturbance using vegetation appropriate for the ecoregion
• Place wetland and its buffer in a separate tract or protect with a conservation
easement
Dust • Use best management practices to control dust
5. Increased Wetland Buffer Widths. The director shall reguire increased buffer widths in accordance
with the recommendations of an experienced, gualified professional wetland scientist and the best
available science on a case-by_-case basis when a larger buffer is necessary to protect wetland
functions and values based on site-specific characteristics. This determination shall be based on one
or more of the following criteria:
a. A larger buffer is needed to protect other critical areas;
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b. The buffer or adjacent upland has a slope greater than 15 percent or is susceptible to
erosion and standard erosion control measures will not prevent adverse impacts to the
wetland:
c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where
existing buffer vegetation is inadequate to protect the wetland functions and values.
development and implementation of a wetland buffer enhancement plan in accordance with
this subsection (G)(3) may substitute: or
d. The wetland and/or buffer is occupied by a federally listed threatened or endangered
species. a bald eagle nest. a great blue heron rookery. or a species of local importance: and it
is determined by the director that an increased buffer width is necessary to protect the
species.
6. Measurement of Wetland Buffers. All buffers shall be measured 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 category of the
created. restored. or enhanced wetland.
7. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of
this chapter.
8. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter.
wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive
nonnative weeds is required for the duration of the mitigation bond.
G. Wetland Buffer Modifications.
1. Where wetland or buffer alterations are permitted by the city of Edmonds. the applicant shall
mitigate impacts to achieve no net loss of wetland acreage and functions consistent with applicable
provisions of this chapter.
2. At the discretion ofthe director. standard wetland buffers may be averaged or reduced when
consistent with all criteria in this subsection. Wetland buffer averaging with enhancement shall be
preferred over wetland buffer reduction with enhancement. Wetland buffer reduction shall only be
approved by the director when buffer averaging cannot be accomplished on site.
3. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow modification of a
standard wetland buffer width in accordance with an approved critical areas report and the best
available science on a case-by-case basis by averaging buffer widths so long as there is no net loss of
the functions and values of the critical area. Any allowance for averaging buffer widths shall only be
granted concomitant to the development and implementation of a wetland buffer enhancement
plan for areas of buffer degradation. Only those portions of a wetland buffer existing within the
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project area or subject parcel shall be considered the total standard buffer for buffer averaging.
Averaging of buffer widths may only be allowed where a qualified professional wetland scientist
demonstrates that:
a. The buffer averaging and enhancement plan provides evidence that wetland functions and
values will be:
i.
ii.
Increased or retained through plan implementation for those wetlands where existing
buffer vegetation is generally intact; or
Increased through plan implementation for those wetlands where existing buffer
vegetation is inadequate to protect the functions and values of the wetland;
b. The wetland contains variations in sensitivity due to existing physical characteristics or the
character of the buffer varies in slope. soils. or vegetation. and the wetland would benefit
from a wider buffer in places and would not be adversely impacted by a narrower buffer in
other places;
c. The total area contained in the buffer area. or the total buffer area existing on a subject
parcel for wetlands extending off site. after averaging is no less than that which would be
contained within a standard buffer; and
d. The buffer width at any single location is not reduced by more than 25 percent of the
standard buffer width.
4. Buffer Width Reductions through Buffer Enhancement. At the discretion of the director. and only
when buffer averaging cannot be accomplished on site. wetland buffer width reductions (or approval
of standard buffer widths for wetlands where existing buffer conditions require increased buffer
widths) may be granted concomitant to the development and implementation of a wetland buffer
enhancement plan for Category Ill and IV wetlands only. Approval of a wetland buffer enhancement
plan shall. at the discretion of the director. allow for wetland buffer width reductions by no more
than 25 percent of the standard width; provided. that:
a. The plan provides evidence that wetland functions and values will be:
i.
ii.
Increased or retained through plan implementation for those wetlands where existing
buffer vegetation is generally intact; or
Increased through plan implementation for those wetlands where existing buffer
vegetation is inadequate to protect the functions and values of the wetland:
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b. The plan documents existing native plant densities and provides for increases in buffer
native plant densities to no less than three feet on center for shrubs and eight feet on center
for trees:
c. The plan requires monitoring and maintenance to ensure success: and
d. The plan specifically documents methodology and provides performance standards including
but not limited to:
i. Percent vegetative cover;
ii. Percent invasive species cover:
iii. Species richness; and
iv. Amount of large woody debris.
H. Additions to Structures Existing within Wetlands and/or Wetland Buffers.
1. Additions to legally constructed structures existing within wetlands or wetland buffers that increase
the footprint of development or impervious surfacing shall be permitted consistent with the
development standards of this section: provided. that a wetland and/or buffer enhancement plan is
included in the critical area report to mitigate for impacts consistent with this chapter: and provided.
that all impacts from temporary disturbances within the critical area buffer shall be addressed
through use of best management plans and buffer enhancement plantings during and following
construction of the allowed alteration. Provisions for standard wetland buffers. wetland buffer
averaging with enhancement. and buffer reductions with enhancement require applicants to locate
such additions in accordance with the following sequencing:
a. Outside of the standard wetland buffer:
b. Outside of a wetland buffer averaged (with enhancement) per subsection (G)(3) of this
section:
c. Outside of a wetland buffer reduced (with enhancement) per subsection (G)(4) of this
section:
d. Outside of the inner 25 percent of the standard wetland buffer width with no more than 300
square feet of structure addition footprint within the inner 50 percent of the standard
wetland buffer width: provided. that enhancement is provided at a minimum three-to-one
(3:1) ratio (enhancement-to-impact):
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e. Outside of the inner 25 percent of the standard wetland buffer width with no more than 500
square feet of new footprint within the inner 50 percent of the standard wetland buffer
width; provided. that enhancement is provided at a minimum five-to-one (5 :1) ratio
(enhancement-to-impact), and that stormwater low impact development (LID) techniques
and other measures are included as part of the wetland/buffer enhancement plan.
2. Where meeting wetland buffer enhancement requirements required by subsection (1)(1) of this
section would result in enhancement that is separated from the critical area due to uncommon
property ownership. alternative enhancement approaches may be approved by the director.
Alternative approaches could include a vegetated rain garden that receives storm runoff.
replacement of existing impervious surfaces with pervious materials. or other approaches that
provide ecological benefits to the adjacent critical area.
3. Additions to legally constructed structures existing within wetlands or wetland buffers that cannot
be accommodated in accordance with the sequencing in subsection (1)(1) of this section (e.g .•
additions proposed within a wetland or the inner 25 percent of a standard buffer width) may be
permitted at the director's discretion as a variance subject to review by the city hearing examiner
and the provisions of ECDC 23.10.280.
I. Development Proposals within the Footprint of Existing Development. New development shall be allowed
within the footprint of existing development occurring within a wetland buffer: provided. that the following
conditions are met:
1. The footprint of existing development was legally established. and is consistent with the definition
provided in ECDC 23.10.030.
2. The proposed development within the footprint of existing development is sited as far away from
the wetland edge as is feasible:
3. As part of the development proposal. opportunities to reduce the footprint of existing development
are implemented where such reduction would increase the buffer width adjacent to the wetland and
not represent an undue burden given the scale of the proposed development.
4. The proposed development must include a wetland or buffer enhancement to the adjacent wetland
and its buffer that improves functions degraded by prior development and provides an area of
enhancement that is equal to or greater than the area affected by the proposed development.
5. Impacts from temporary disturbances within the wetland buffer shall be addressed through use of
best management plans and buffer enhancement plantings during and following construction of the
allowed alteration.
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23.10.330 Performance standards -Subdivisions.
A. The subdivision and short subdivision of land in wetlands and associated buffers is subject to the following:
1. Land that is located wholly within a wetland or its buffer may not be subdivided.
2. Land that is located partially within a wetland or its buffer may be subdivided: provided. that an
accessible and buildable contiguous portion of each new lot is located outside of the wetland and its
buffer.
3. Access roads and utilities serving the proposed subdivision may be permitted within the wetland and
associated buffers only at the discretion of the director.
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Article II. Critical aquifer recharge areas
23.10.400 Description and Purpose.
A. Description. Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on
aquifers used for potable water as defined by WAC 365-190-030(3). CARAs have prevailing geologic
conditions that create a high potential for contamination of ground water resources or contribute
significantly to the replenishment of ground water. The Growth Management Act requires cities to adopt
regulations to protect CARAs.
B. Purpose. The purpose of this chapter is to establish critical aquifer recharge area (CARA) and groundwater
protection standards to protect aquifers from degradation and depletion. The intent is to minimize loss of
recharge quantity. to maintain the protection of public drinking water sources. and to prevent contamination
of groundwater.
23.10.410 Designation. classification. and mapping.
A. Designation. Olympic View Water and Sewer District (Olympic View) has two wellhead protection areas in
Edmonds: Deer Creek Springs and the 228th Street Wellfield. Deer Creek Springs itself is located west of
Edmonds in the town of Woodway while the 228th Street Wellfield is located in Esperance (unincorporated
Snohomish County). which is surrounded by Edmonds. Both areas have been mapped and modeled using
best available science and include four travel time zones (six-month. one-year. five-year. and 10-year) plus an
additional buffer. An area of exposed highly sensitive soils (QVa aquifer) is also mapped.
B. Classification. CARAs are classified using the following criteria:
1. Class 1 CARAs include those mapped areas located within the six-month. one-and five-year capture
zones of a wellhead protection area.
2. Class 2 CARAs include those mapped areas located within the 10-year capture zone of a wellhead
protection area.
3. Class 3 CARAs include those mapped areas in the critical aquifer recharge area buffer.
C. Applicability. The provisions of this chapter apply to regulated activities occurring within Class 1. Class 2 and
Class 3 CARAs as identified in the city of Edmonds GIS. which may be updated as new information becomes
available.
D. Local Consultation. The city of Edmonds will notify Olympic View when new development applications are
submitted within the mapped CARAs. Typical applications will include but not be limited to: single-
family/multifamily/commercial building permits. and short/formal subdivisions.
E. Hydroqeoloqic Report. A hydrogeologic report is required for activities as noted in Table 23.10.420(6). The
report must contain the following information:
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1. The surface location of all critical aquifer recharge areas located on site or immediately adjacent to
the site. and the permeability of the unsaturated zone:
2. Groundwater depth. flow direction. and gradient based on available information:
3. Currently available data on wells and springs within one-quarter mile of the site:
4. Currently available information on the location of surface waters within one-quarter mile of the site:
5. Historic water quality data for the area to be affected by the proposed activity or use compiled for at
least the previous five-year period:
6. Discussion of the effects of the proposed project on the groundwater quality and quantity, including:
a. Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water
features:
b. Predictive evaluation of contaminant transport based on potential releases to groundwater:
c. Recharge potential of the site including permeability and transmissivity: and
d. If water use is proposed for the development activity, a description of the groundwater
source of water to the site or a letter from an approved water purveyor stating the ability to
provide water to the site:
7. Best management practices relevant to the proposed activity or use:
8. Provisions to monitor the groundwater quality and quantity:
9. A spill plan that identifies equipment and structures that could fail. resulting in an impact to the
critical aquifer recharge area. Spill plans shall include provisions for regular inspection. repair. and
replacement of structures and equipment with the potential to fail:
10. An assessment of how the development activity meets the protection standards established in ECDC
23.10.420(D):
11. If the hydrogeologic report identifies impacts to critical aquifer recharge areas. the project applicant
will be required to:
a. Identify and provide an analysis of alternatives by which such impacts could be avoided or
prevented: and
b. Provide a detailed mitigation plan for any unavoidable impacts. The mitigation plan should
include preventative measures. monitoring. process control and remediation and a
contingency plan. as appropriate.
12. Recommendations for implementation and operation of activities. including size limitations.
monitoring. reporting and best management practices (BMPs): and
13. Any other information necessary to determine compliance with this chapter.
23.10.420 Regulated activities.
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A. Stormwater. The use of stormwater infiltration best management practices (BMPs l. including those that
qualify as a Class V underground injection control well (UIC), are prohibited for all land uses within all
wellhead protection areas (WHPAs) associated with Olympic View Water and Sewer District's (OVWSD)
228th Street Wellhead and the Deer Creek Springs Wellhead area. including their buffers.
B. CARA Prohibited and Restricted Uses. Land uses and related activities that are prohibited and restricted
within a specific CARA classification. New land uses or activities that pose a hazard to the city's groundwater
resources. resulting from storing. handling. treating. using. producing. recycling. or disposing of hazardous
materials or other deleterious substances. are prohibited in Critical Aquifer Recharge Areas 1 and 2. Some
uses are prohibited in all CARA classes. Uses and activities lawfully established prior to the effective date of
this code are considered to be legal nonconforming uses subject to Chapter 17.40 ECDC and may continue to
operate within the scope of the existing use.
Table 23.10.420(8) CARA Prohibited and Restricted Uses
Use Activitv CARA Restriction
All mineral resource uses Mining. processing and reclamation of any type below the
water table or the upper surface of the saturated
groundwater is prohibited in Class 1 and 2 CARA and in
exposed QVa soils in Class 3 CARA. A hydrogeologic report is
required for the use in Class 3 CARA outside of the area of
exposed QVa.
Cemeteries Cemeteries are prohibited in the Class 1 and 2 CARA and in
exposed QVa soils in Class 3 CARA. Best management
practices (BMPs) and integrated pest management (1PM) are
required for the use in Class 3 CARA outside of the areas of
exposed QVa.
Hazardous liquid transmission pipelines As defined in Chapter 81.88 RCW, pipelines are prohibited
in Class 1 and 2 CARA as well as in exposed QVa soils
in Class 3 CARA. A hydrogeologic report is required for the
use in Class 3 CARA outside of the area of exposed QVa.
Hazardous waste storage andL or treatment Hazardous waste storage andL or treatment facilities, as
facilities andL or processing. or disposal of defined by Chapter 173-303 WAC. are prohibited in
radioactive substances all CARA classes.
Storage. processing. or disposal of radioactive substances as
defined in RCW 70.99.020 is prohibited in all CARA classes,
except for medical equipment andLor material and medical
waste. defined by RCW 70A.390.020, that is held for proper
disposal.
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Use Activitv CARA Restriction
Aboveground storage tanks for hazardous substances or
hazardous wastes with grimary and secondary containment
area{s} and sgill grotection glan are grohibited in Class 1 and
2 CARA as well as in exgosed QVa soils in Class 3 CARA. A
hydrogeologic regort is reguired for the use
in Class 3 CARA outside of the area of exgosed QVa.
Automotive uses Wrecking yards are grohibited in all CARA classes . Vehicle
towing yards that store vehicles on germeable surfaces are
also grohibited. Service stations are grohibited in Class 1 and
2 CARA as well as in exgosed QVa soils in Class 3 CARA.
In Class 3 CARA outside of the area of exgosed QVa, vehicle
regair and servicing must be conducted indoors over
imgermeable gads. For underground storage tanks {UST} with
hazardous substances, agglicants must demonstrate that the
facility comglies with federal and state laws.
Dry cleaning Dry cleaning using chlorinated solvents or using solvent
gerchloroethylene is grohibited in all CARA classes.
Large on-site sewage systems, as defined Prohibited.
in Chagter 246-272A WAC
Solid waste landfills Prohibited.
Solid waste is defined in WAC 173-304-100.
Solid waste transfer stations Prohibited.
Solid waste is defined in WAC 173-304-100.
Petroleum refinement grocesses, including Prohibited.
any related regrocessing or storage
Bulk storage facilities where flammable or Prohibited.
combustible liguids, solids, or gels are
received by gigeline or tank vehicle, and are
stored or blended in bulk for the gurgose of
distributing such substances by gigeline, tank
vehicle, gortable tank, or container
Chemical manufacturing, including but not Prohibited in Class 1 and 2 CARA as well as in exgosed QVa
limited to organic and inorganic chemicals, soils in Class 3 CARA. A hydrogeologic regort is reguired for
glastics and resins, gharmaceuticals, cleaning the use in Class 3 CARA outside of the area of exgosed QVa.
comgounds, gaints and lacguers, and Agglicants must demonstrate that the facility comglies with
agricultural chemicals federal and state laws.
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Use Activitv CARA Restriction
Primary and secondarv metal industries that Prohibited.
manufacture, produce, smelt, or refine
ferrous and nonferrous metals from molten
materials
Commercial wood preserving and wood Prohibited
products preserving
Mobile fleet fueling operations Prohibited
Permanent dewatering of the aguifer when Prohibited
done as part of remediation action that is
approved by the Department of Ecology
Irrigation and infiltration of greywater Prohibited
Reclaimed or recycled water use with the Prohibited
exception of uses that discharge to the
sanitary sewer
Rainwater collection and use Allowed
Hydrocarbon extraction Prohibited
Metal recycling facilities with outdoor storage Prohibited in Class 1 and 2 CARA as well as in exposed Q,Va
and handling activities soils in Class 3 CARA. A hydrogeologic report is reguired for
the use in Class 3 CARA outside of the area of exposed Q,Va.
Crumb rubber {styrene-butadiene rubber} for Prohibited
artificial turf installations
C. Regulation ofFacilities Handling and Storing Hazardous Materials. Activities may only be permitted in a
critical aguifer recharge area if the applicant can show. through providing a hydrogeologic report prepared by
a gualified professional, that the proposed activity will not cause contaminants to enter the groundwater by
compliance with the best management practices {BMPs} for handling and storing hazardous materials. The
city may impose development conditions in accordance with BMPs to prevent degradation of groundwater.
1. Best Management Practices for Handling and Storing Hazardous Materials. Any facilit½ activit½ or
residence in the city in which hazardous materials or other deleterious substances are present must
be operated in a manner that ensures safe storage, handling, treatment. use. production. and
recycling or disposal of such materials and substances and prevents their unauthorized release to
the environment. Businesses. cemeteries and schools that store and/or handle hazardous materials
must. at a minimum. comply with the following BMPs:
a. Waste disposal and record keeping of disposal and use activity;
b. Spill containment supplies and an emergency response plan:
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c. An emergency response training plan for all employees:
d. Hazardous materials must be stored using secondary containment measures at all times:
e. Periodic monitoring of the storage areas and methods used for containment must be
reviewed:
i. On a regular basis;
ii. Whenever business practices change regarding hazardous materials: and
iii. As required by laws and regulations:
f. In no case may hazardous materials or other deleterious substances be stored, handled,
treated. used. produced. recycled. or disposed of in a way that would pose a significant
groundwater hazard within the city.
2. Hazardous Materials Inventory (HMI). The HMI statement is intended to reflect all current and
anticipated types and quantities of hazardous materials that will be stored. handled. treated. used.
produced. recycled. or disposed of at a facility. The HMI must always be kept on site. New and
existing commercial land uses. schools and cemeteries located in Class 1 and Class 2 CARAs must
submit an HMI statement:
a. Within one year of the effective date of the ordinance codified in this chapter:
b. With any new land use or building permit application:
c. With a new business license: and
d. At periodic intervals as needed to keep up with changing business practices.
3. Hazardous Materials Management Plan (HMMPJ. Hazardous materials quantities correspond to the
aggregate total of all hazardous materials. not individual chemicals. Facilities that use aggregate
quantities of hazardous materials equal to or greater than 20 gallons or the equivalent of 200
pounds. or that use hazardous materials that may be a potential risk to the WHPA. are reviewed to
determine the potential risk to the groundwater and the need for an HMMP. Commercial land uses
and activities using aggregate quantities of hazardous materials equal to or greater than 50 gallons
or the equivalent of 500 pounds. or that use hazardous materials that are considered to be a
potential risk to the groundwater in lower quantities. must submit an HMMP to the city.
a.
i.
ii.
b.
i.
The city requires an HMMP based on the type and aggregate quantity of inventoried
material. The following are exempt from an HMMP:
Retail sale of containers five gallons or less in size when the business has fewer than 500
gallons on the premises at any one time: and
Hazardous materials of no potential risk to the wellhead protection areas.
HM MPs must demonstrate implementation of BMPs. An HMMP must be completed by the
facility operator and must always kept on site and include:
A description of the facility including a floor plan showing storage. drainage and use
areas. The plans must be legible and approximately to scale:
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ii. The plan must include and identify all hazardous materials containers. sizes. storage
locations and methods of secondary containment of the hazardous materials: and
iii. The plan must. at a minimum. include how the facility implements the BMPs as
identified in this code.
4. Inspections. The city has the right to inspect a facility at reasonable times for the purpose of
determining compliance with this chapter. Inspections may include. but are not limited to:
a. Visual inspections of hazardous materials storage and secondary containment areas:
b. Inspections of HMMP: and
c. Sampling of soils. surface water and groundwater.
5. Third-Party Review. The city shall employ a hydrogeologic consultant licensed in Washington State at
the applicant's expense for third-party review for compliance with the BMPs. the HMI and the
HMMP. This requirement may be selectively waived at the discretion of the director. provided the
applicable qualified professional for the project provides written concurrence. determination.
details. facts and/or data that individual site conditions warrant an exemption from outside peer
review.
6. Enforcement. Whenever a person has violated any provisions of this chapter. the planning and
development director. in consultation with the public works director as necessary. may take code
enforcement action based on the nature of the violation including. but not limited to. abatement.
injunction. mitigation. fines and penalties as set forth in ECDC 18.30.100. Stormwater management.
D. General Requirements.
l. A project applicant must make all reasonable efforts to avoid and minimize impacts to critical aquifer
recharge areas according to the requirements of this section. in the following sequential order of
priority:
a. Avoiding impacts altogether by not taking a certain action or parts of an action: or
b. When avoidance is not possible. minimizing impacts by limiting the degree or magnitude of
the action and its implementation. using appropriate technolog½ or by taking affirmative
steps. such as project redesign. relocation. or timing. to avoid impacts.
2. Any activity or use specifically listed in this chapter must comply with the best management
practices and mitigation plan identified in the hydrogeologic report.
3. All development activities must comply with the groundwater quality standards contained in Chapter
173-200 WAC and Chapter 90.48 RCW.
4. Where the director determines that an activity or use not specifically listed in this chapter has the
potential to harm water quality or quantity within critical aquifer recharge areas. the applicant must
apply best management practices and all known and available reasonable technology (AKART)
appropriate to protect critical aquifer recharge areas.
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Article Ill. Frequently flooded areas
23.10.500 Description and Purpose.
A. Description. Frequently flooded areas include floodways. floodplains. and other lands subject to a one
percent or greater annual chance of flooding. as identified by the Federal Emergency Management Agency
(FEMA) or other best-available data. Such areas are designated consistent with WAC 365-190-110. the
standards of the National Flood Insurance Program (NFIP). and the provisions of ECDC 19.07 (Flood Damage
Prevention).
B. Purpose. The purpose of this article is to protect life. propert½ and the environment by minimizing losses
due to flood conditions: maintaining the natural hydrologic. storage. and habitat functions of floodplains:
and preventing increases in flood hazards. This article complements ECDC 19.07. which governs flood-hazard
reduction. floodplain development. and construction standards consistent with the NFIP. Title 23 provides for
the protection of ecological functions and values within frequently flooded areas consistent with the
Washington Growth Management Act (RCW 36.70A.060) and WAC 365-190-110.
23.10.510 Designation and mapping.
A. Designation. Frequently flooded areas shall include:
1. Those areas designated as special flood hazard areas and other mapped flood-prone lands as
defined and adopted in ECDC 19.07.040. Basis for Establishing Flood Areas: and
2. Any areas identified by the City through best-available science or other reliable data that can
demonstrate susceptibility to flooding or conveyance of floodwaters.
B. Use of Best-Available Information. The city shall utilize the most current FEMA Flood Insurance Study (FIS).
Flood Insurance Rate Maps (FIRMsl. and any revisions thereto as adopted under ECDC 19.07. together with
other scientifically valid sources. to identify frequently flooded areas and guide regulation under this chapter.
C. Supplemental Designation. The city may designate additional flood-prone areas not shown on the current
FIRMs where historical or scientific evidence indicates a risk of flooding. Such areas shall be regulated
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consistent with ECDC 19.07 and the current editions of the International Residential Code and International
Building Code, as adopted in ECDC Title 19.
23.10.520 Liability Disclaimer.
The degree of flood protection required by this chapter and ECDC 19.07, is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man made or natural causes. This chapter does not imply that land
outside frequently flooded areas or uses permitted within such areas will be free from flooding or flood damage.
This chapter shall not create liability on the part of the city of Edmonds, any officer or employee thereof, or the
Federal Insurance Administration for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
23.10.530 Development standards.
A. General. Development standards and provisions for protection of frequently flooded areas shall comply with
ECDC 19.07 and the current editions ofthe International Residential Code and International Building Code,
as adopted in ECDC Title 19. Compliance with the provisions of ECDC 19.07 shall be deemed compliance with
ECDC 23 .10.040, Protection of Critical Areas. for the purposes of flood-hazard management.
B. Critical area review. Critical-area reports prepared for projects within frequently flooded areas shall identify
and evaluate floodplain functions and ecological values. consistent with ECDC 23.10.090, Critical-Areas
Reports. Such reports shall be incorporated into the corresponding floodplain development permit review
under ECDC 19.07, ensuring consistency between environmental protection and flood-hazard reduction
requirements.
C. Conflict of Standards. Where provisions of this article and ECDC 19.07 conflict. the more restrictive standard
that provides the greatest protection to public safety and ecological function shall apply.
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Article IV. Geologically hazardous areas
23.10.600 Description and Purpose.
A. Description. Geologically hazardous areas are lands that. because of their susceptibility to erosion.
landslides. seismic activit½ or other geologic processes. pose a risk to health. safety, or property when
developed. Such areas are designated and classified in accordance with WAC 365-190-120. which provides
criteria for identifying and evaluating the degree of risk associated with specific hazard types.
B. Purpose. The purpose of this article is to reduce risk to people. propert½ and the environment by requiring
appropriate site investigation. design. and mitigation measures: by locating development to minimize hazard
potential: and by maintaining the stability and natural functions of slopes and related landforms. Regulation
of these areas ensures consistency with RCW 36.70A.172 and the use of best available science in managing
geologic hazards.
23.10.610 Designation and mapping.
A. Designation. Geologically hazardous areas include areas susceptible to erosion. land sliding. earthquakes. or
other geological events. They pose a threat to the health and safety of citizens when incompatible
development is sited in areas of significant hazard. Such incompatible development may not only place itself
at risk but also may increase the hazard to surrounding development and use. Areas susceptible to one or
more of the following types of hazards shall be designated as a geologically hazardous area:
1. Erosion hazard:
2. Landslide hazard: and
3. Seismic hazard.
B. Mapping of Geologically Hazardous Areas. The approximate location and extent of geologically hazardous
areas are shown on the city of Edmonds' critical areas inventory GIS map. In addition. resources providing
information on the location and extent of geologically hazardous areas include:
1. Washington Department of Ecology coastal zone atlas (for marine bluffs):
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2. U.S. Geological Survey geologic maps. landslide hazard maps. and seismic hazard maps;
3. Washington State Department of Natural Resources seismic hazard maps for Western Washington:
4. Washington State Department of Natural Resources slope stability maps;
5. National Oceanic and Atmospheric Administration tsunami hazard maps; and
6. Federal Emergency Management Agency flood insurance maps.
The critical areas inventory and the resources cited above are to be used as a guide for the city of Edmonds
planning and development department. project applicants. and/or property owners and may be
continuously updated as new critical areas are identified. They are a reference and do not provide a final
critical area designation.
C. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the U.S. Department of
Agriculture's Natural Resources Conservation Service as having a "moderate to severe," "severe," or "very
severe" rill and inter-rill erosion hazard. Erosion hazard areas are also those areas impacted by shoreland
and/or stream bank erosion. Within the city of Edmonds. erosion hazard areas include:
1. Those areas of the city of Edmonds containing soils that may experience severe to very severe
erosion hazard. This group of soils includes. but is not limited to. the following when they occur on
slopes of 15 percent or greater:
a. Alderwood soils:
b. Alderwood/Everett series;
c. Everett series.
2. Coastal and stream erosion areas which are subject to the impacts from lateral erosion related to
moving water such as stream channel migration and shoreline retreat;
3. Any area with slopes of 15 percent or greater and impermeable soils interbedded with granular soils
and springs or ground water seepage: and
4. Areas with significant visible evidence of ground water seepage. and which also include existing
landslide deposits regardless of slope.
D. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a
combination of geologic, topographic. and hydrologic factors. They include areas susceptible because of any
combination of soil. slope (gradient). slope aspect. structure. hydrology. or other factors. Within the city of
Edmonds potential landslide hazard areas include:
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1. Areas of ancient or historic failures in Edmonds which include all areas within the earth subsidence
and landslide hazard area as identified in the 1979 report of Robert Lowe Associates and amended
by the 1985 report of Geo Engineers. Inc .• and further discussed in the 2007 report by Landau
Associates:
2. Coastal areas mapped as class u (unstable). uos (unstable old slides). and urs (unstable recent slides)
in the Department of Ecology Washington coastal atlas:
3. Areas designated as quaternary slumps. earthflows. mudflows. or landslides on maps published by
the United States Geological Survey or Washington State Department of Natural Resources:
Figure 1. Simple Slope Calculation
The sloptcak:ulatlon guldanatshllll be used 11> determlrufthe m•ancl topoflllislepe for stopesthat
lll'ltpotentiallyl«ndsllde l!mrd llN!asor pottn~ttyero~n l!mrd treas.
Toe and topof landslkltl!mrd areastgemnllyslopesof 40%
or pater)dellneatei:I wl!treincli111Jrevetstsord!minlshes11>
<411%rNer atle,astlOfeet.ofhorimntaldlstam:e.
T0&andtopoferoslon hazard areas(generallyslopes.15-40'H,)
dellne,at«t wl!tre fnellne reversesotdltnlnlshesto<l.5%owt
at.least lllfeet ofhortltmtal distance.
ToeofS!ope ~
10'
10•
ff
4. Any slope of 40 percent or steeper that exceeds a vertical height of 10 feet over a 25-foot horizontal
run. Except for rockeries that have been engineered and approved by the engineer as having been
built according to the engineered design. all other modified slopes (including slopes where there are
breaks in slopes) meeting overall average steepness and height criteria should be considered
potential landslide hazard areas:
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5. Any slope with all three of the following characteristics:
a. Slopes steeper than 15 percent:
b. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a
relatively impermeable sediment; and
c. Springs or ground water seepage:
6. Any area potentially unstable as a result of rapid stream incision or stream bank erosion:
7. Any area located on an alluvial fan. presently subject to. or potentially subject to. inundation by
debris flow or deposition of stream-transported sediments: and
8. Any slopes that have been modified by past development activity that still meet the slope criteria.
E. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of
earthquake-induced ground shaking. slope failure. settlement. soil liquefaction. lateral spreading. or surface
faulting. These areas are designated as having a "high" and "moderate to high" risk of liquefaction as
mapped on the Liquefaction Susceptibility Map of Snohomish County by the Washington State Department
of Natural Resources or areas located within landslide hazard areas.
23.10.620 Development standards -General requirements.
A. Alterations of geologically hazardous areas or associated buffers may only occur for activities that:
l. Will not increase the threat of geological hazard to adjacent properties beyond predevelopment
conditions:
2. Will not adversely impact other critical areas:
3. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less
than predevelopment conditions: and
4. Are certified as safe as designed and under anticipated conditions by a qualified engineer or
geologist. licensed in the state of Washington.
B. Critical Facilities Prohibited. Critical facilities shall not be sited within geologically hazardous areas unless
there is no other practical alternative.
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23.10.630 Development standards -Specific hazards.
A. Erosion and landslide Hazard Areas. Activities on sites containing erosion or landslide hazards shall meet the
requirements of ECDC 23.10.620. Development standards -General requirements. and the specific following
requirements:
1. Minimum Building Setback. The minimum building setback shall be the greater of (a) the minimum
setback required by ECDC 23.10.140. or (b) the distance required to ensure the proposed structure
will not be at risk from landslides for the life of the structure. considered to be 120 years. and will
not increase the risk of landslides occurring on-site or off-site. The setback shall be measured from
all edges of landslide hazard areas. The required setback distance shall be determined by the
director based on the recommendations of a geotechnical report and upon review of. and
concurrence with. a critical areas report prepared by a qualified professional. and shall be sufficient
to eliminate or minimize the risk of property damage. injury. or loss of life resulting from landslides
caused in whole or in part by the proposed development..
2. Buffer Requirements. A buffer may be established with specific requirements and limitations.
including but not limited to drainage. grading. irrigation. and vegetation. Buffer requirements shall
be determined by the director consistent with recommendations provided in the geotechnical report
to eliminate or minimize the risk of property damage. death. or injury resulting from landslides
caused in whole or part by activities within the buffer area. based upon review of and concurrence
with a critical areas report prepared by a qualified professional.
3. Alterations. Alterations of an erosion or landslide hazard area. building setback and/or buffer may
only occur for activities for which a hazards analysis is submitted and approved. It must certify that:
a. The alteration will not increase surface water discharge or sedimentation to adjacent
properties beyond predevelopment conditions:
b. The alteration will not decrease slope stability on adjacent properties: and
c. Such alterations will not adversely impact other critical areas.
4. Design Standards within Erosion and landslide Hazard Areas. Development within an erosion or
landslide hazard area and/or buffer shall be designed to meet the following basic requirements
unless it can be demonstrated that an alternative design that deviates from one or more of these
standards provides greater long-term slope stability while meeting all other provisions of this
chapter. The requirement for long-term slope stability shall exclude designs that require regular and
periodic maintenance to maintain their level of function. The basic development design standards
are:
a. The proposed development shall not decrease the factor of safety for landslide occurrences
below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. If stability at the
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proposed development site is below these limits. the proposed development shall provide
practicable approaches to reduce risk to human safety and improve the factor of safety for
landsliding so it satisfies the limits stated above. In no case shall the existing factor of safety
be reduced for the subject property or adjacent properties:
b. Structures and improvements shall be clustered to avoid geologically hazardous areas and
other critical areas:
c. Structures and improvements shall minimize alterations to the natural contour of the slope,
and foundations shall be tiered where possible to conform to existing topography:
d. Structures and improvements shall be located to preserve the most critical portion of the
site and its natural landforms and vegetation:
e. The proposed development shall not result in greater risk or a need for increased buffers on
neighboring properties:
f. The use of retaining walls that allow the maintenance of existing natural slope area is
preferred over graded artificial slopes: and
g. Development shall be designed to minimize impervious lot coverage:
5. Vegetation Retention. Unless otherwise provided under Allowed Activities in ECDC 23 .10.080(Dl or
as part of an approved alteration. removal of vegetation from an erosion or landslide hazard area or
related buffer shall be prohibited.
6. Trees . Trees on slopes of 25 percent or greater shall not be removed. except as allowed per ECDC
23.10.080(D)(7)(d):
7. Seasonal Restriction. Clearing shall be allowed only from May 1st to October 1st of each year:
provided, that the director may extend or shorten the dry season on a case-by-case basis depending
on actual weather conditions. except that timber harvest. not including brush clearing or stump
removal. may be allowed pursuant to an approved forest practice permit issued by the city of
Edmonds or the Washington State Department of Natural Resources:
8. Point Discharges. Point discharges from surface water facilities and roof drains onto or upstream
from an erosion or landslide hazard area shall be prohibited except as follows:
a. Conveyed via continuous storm pipe downslope to a point where there are no erosion
hazard areas downstream from the discharge:
b. Discharged at flow durations matching predeveloped conditions. with adequate energy
dissipation. into existing channels that previously conveyed stormwater runoff in the
predeveloped state: or
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c. Dispersed discharge upslope of the steep slope onto a low-gradient. undisturbed buffer
demonstrated to be adequate to infiltrate all surface and stormwater runoff. and where it
can be demonstrated that such discharge will not increase the saturation of the slope: and
9. Prohibited Development. On-site sewage disposal systems. including drain fields. shall be prohibited
within erosion and landslide hazard areas and related buffers.
B. Earth Subsidence and Landslide Hazard Area. In addition to the requirements of this chapter. development
proposals for lands located within the earth subsidence and landslide hazard area as indicated on the critical
areas inventory shall be subject to the provisions of Chapter 19.10 ECDC.
C. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas shall meet the standards of
ECDC 23.10.620, Development standards -General requirements.
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Article V. Fish and wildlife habitat conservation areas
23.10.700 Description and purpose.
A. Description. Fish and wildlife habitat conservation areas are lands and waters necessary to maintain
populations of species in suitable habitats within their natural geographic distribution. ensuring viable
populations over the long term and avoiding isolated subpopulations. These areas are designated and
regulated using best available science and include. but are not limited to. streams. riparian corridors.
wetlands. lakes. marine and freshwater shorelines. and other areas identified as priority habitats and species
by state or federal agencies or designated by the City.
B. Purpose. The purpose of this section is to:
1. Protect and maintain fish and wildlife populations and their habitats using best available science to
prevent net loss of habitat functions and values.
2. Ensure development and land uses within or adjacent to FWHCAs are compatible with long-term
species viability.
3. Give special consideration to measures necessary to preserve or enhance anadromous fish and other
priority species.
23.10.710 Designation. rating. and mapping.
A. Designation. Any area meeting one or more of the following criteria. regardless of any formal identification.
are hereby designated critical areas and are subject to the provisions of this chapter and shall be managed
consistent with the best available science. such as the Washington Department of Fish and Wildlife's
Management Recommendations for Priority Habitat and Species.
B. Fish and wildlife habitat conservation areas includes:
1. Areas where endangered. threatened. and sensitive species have a primary association. This
includes:
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a. Federally designated endangered and threatened species are those fish and wildlife species
identified by the U.S. Fish and Wildlife Service and the NOAA Fisheries that are in danger of
extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the
National Marine Fisheries Service shall be consulted for current listing status.
b. State-designated endangered. threatened. and sensitive species are those fish and wildlife
species native to the state of Washington identified by the Washington Department of Fish
and Wildlife. that are in danger of extinction. threatened to become endangered. vulnerable.
or declining and are likely to become endangered or threatened in a significant portion of
their range within the state without cooperative management or removal of threats. State-
designated endangered. threatened, and sensitive species are periodically recorded in WAC
232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensitive
species). The State Department of Fish and Wildlife maintains the most current listing and
shall be consulted for current listing status.
2. State priority habitats and areas associated with state priority species. Priority habitats and species
are priorities for conservation and management. Priority species require protective measures for
their perpetuation due to their population status. sensitivity to habitat alteration. and/or
recreational. commercial. or tribal importance. Priority habitats are those habitat types or elements
with unique or significant value to a diverse assemblage of species. A priority habitat may consist of
a unique vegetation type or dominant plant species. a described successional stage. or a specific
structural element. Priority habitats and species are identified by the State Department of Fish and
Wildlife.
3. Habitats and species oflocal importance. Habitats and species identified by the city of Edmonds that.
due to their population status or sensitivity to habitat manipulation. warrant protection. Habitats
may include a seasonal range or habitat element with which a species has a primary association. and
which. if altered. may reduce the likelihood that the species will maintain and reproduce over the
long term.
4. Commercial and Recreational Shellfish Areas. These areas include all public and private tidelands or
bed lands suitable for shellfish harvest. including shellfish protection districts established pursuant to
Chapter 90.72 RCW.
5. Kelp and eelgrass beds and herring and smelt spawning areas.
6. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20
acres and their submerged aquatic beds that provide fish or wildlife habitat. including those artificial
ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring
ponds do not include ponds deliberately designed and created from dry sites. such as canals.
detention facilities. wastewater treatment facilities. farm ponds. temporary construction ponds. and
landscape amenities. unless such artificial ponds were intentionally created for mitigation.
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7. Waters of the State. Waters of the state include lakes. rivers. ponds. streams. inland waters.
underground waters. salt waters. and all other surface waters and watercourses within the
jurisdiction of the state of Washington. as classified in WAC 222-16-031 (or WAC 222-16-030.
depending on classification used).
8. Riparian management zones (RMZs}. The area that has the potential to provide full riparian
functions for bank stability. shade. pollution removal. contribution of detrital nutrients. and
recruitment of large woody debris. In many forested regions of the state. this area occurs within one
200-year site-potential tree height measured from the edge of the stream channel. In non-forest
zones. the RMZ is defined by the greater of the outermost point of the riparian vegetative
community or the pollution removal function. at 100 feet.
9. Streams. Streams shall include those areas where surface waters produce a defined channel or bed
which demonstrates clear evidence. such as the sorting of sediments. of the passage of water. The
channel or bed need not contain water year-round. Streams shall be classified in accordance with
the Washington Department of Natural Resources water typing system (WAC 222-16-030) hereby
adopted in its entirety by reference and summarized as follows:
Table 23.10.720(9) Stream Types
Stream
Classification Description Designation Criteria
IYQtl Fish-bearing Segments of natural waters within the bankfull widths of defined
with channels and periodically inundated areas of their associated wetlands. or
continuous within lakes. ponds. or impoundments having a surface area of 0.5 acre or
flows greater at seasonal low water and which contain fish habitat or meet the
criteria below:
• Waters. which are diverted for use by federal. state. tribal or
private fish hatcheries. Such waters shall be considered Type F
water upstream from the point of diversion for 1,500 feet.
including tributaries if highly significant for protection of
downstream water quality.
• Riverine ponds. wall-based channels. and other channel features
that are used by fish for off-channel habitat. These areas are
critical to the maintenance of optimum survival of fish . This
habitat shall be identified based on the following criteria:
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0 The site must be connected to a fish habitat stream and
accessible during some period of the year: and
0 The off-channel water must be accessible to fish.
Type N Non-fish-Segments of natural waters within the bankfull width of defined channels
bearing, with that are non-fish habitat streams.
perennial or
season
flows.
C. Mapping. The approximate location and extent of fish and wildlife habitat conservation areas are shown on
the city of Edmonds critical areas inventory. Resources providing information on the location and extent of
fish and wildlife habitat conservation areas incorporated into the inventory include:
1. Washington Department of Fish and Wildlife priority habitat and species maps:
2. Washington Department of Fish and Wildlife 200-year Site-potential Tree Height (SPTH200) and
Riparian Management Zone (RMZ) Values mapping resource:
3. Washington State Department of Natural Resources official water type reference maps, as amended:
4. Washington State Department of Natural Resources Puget Sound intertidal habitat inventory maps:
5. Washington State Department of Natural Resources shore zone inventory:
6. Washington State Department of Natural Resources Natural Heritage Program mapping data:
7. Washington State Department of Health annual inventory of shellfish harvest areas:
8. Anadromous and resident salmon id distribution maps contained in the habitat limiting factors
reports published by the Washington Conservation Commission: and
9. Washington State Department of Natural Resources state natural area preserves and natural
resource conservation area maps.
The critical areas inventory and the resources cited above are to be used as a guide for the city of Edmonds
planning and development department, project applicants, and/or property owners and should be continuously
updated as new critical areas are identified. They are a reference and do not provide a final critical areas
designation.
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23.10.720 Development Standards -General.
A. Alterations. A fish and wildlife habitat conservation area may be altered only if the proposed alteration of the
habitat or the mitigation proposed does not degrade the quantitative and qualitative functions and values of
the habitat. There are no specific development standards for upland habitats of local importance unless
these areas include another critical area (streams. heron rookeries. steep slopes. etc.). City staff will review
the critical areas report and work with the applicant to minimize effects or improve conditions to upland
habitat.
B. Approvals of Activities. The director shall condition approvals of activities allowed within or adjacent to a fish
and wildlife habitat conservation area as necessary to minimize or mitigate any potential adverse impacts.
Conditions shall be based on the best available science and may include. but are not limited to. the
following:
1. Establishment of buffer zones:
2. Preservation of critically important vegetation and/or habitat features such as snags and downed
wood;
3. Limitation of access to the habitat area. including fencing to deter unauthorized access:
4. Seasonal restriction of construction activities;
5. Establishment of a duration and timetable for periodic review of mitigation activities; and
6. Requirement of a performance bond. when necessary. to ensure completion and success of
proposed mitigation.
C. Buffers.
1. Establishment of Buffers. When needed to protect fish and wildlife habitat conservation areas. the
director shall require the establishment of temporary or permanent buffer areas for permitted
activities adjacent to fish and wildlife habitat conservation areas which may result in fish or wildlife
disturbance (e.g .• construction. grading. etc.). Establishment of buffers shall follow
recommendations set forth by a qualified biologist in the project critical areas report except as
provided for riparian management zones in ECDC 23.10.750(E). Required buffer widths shall reflect
the sensitivity of the habitat and the type and intensity of the proposed human activity to be
conducted nearby and shall be consistent with the management recommendations issued by the
Washington Department of Fish and Wildlife.
2. Seasonal and Daily Timing Restrictions. When a species is more susceptible to adverse impacts
during specific periods of the year or day. seasonal restrictions on permitted activities within or
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23.10.730
adjacent to fish and wildlife habitat conservation areas may be required at the discretion of the
director pursuant to recommendations set forth in a critical areas report.
Development standards -Specific requirements.
A. Endangered, Threatened, and Sensitive Species.
1. No development shall be allowed within a fish and wildlife habitat conservation area or riparian
management zone with which state or federally endangered, threatened, or sensitive species have a
primary association. except that which is provided for by a management plan established by the
Washington Department of Fish and Wildlife or applicable state or federal agency.
2. Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with
which state or federally endangered. threatened. or sensitive species have a primary association.
such area shall be protected through the application of protection measures in accordance with a
critical areas report prepared by a qualified professional and approved by the director. Approval for
alteration of land adjacent to the fish and wildlife habitat conservation area shall not occur prior to
consultation with the Washington Department of Fish and Wildlife for animal species. the
Washington State Department of Natural Resources for plant species. and other appropriate federal
or state agencies.
3. Bald eagle habitat is subject to the Federal Bald and Golden Eagle Protection Act. Washington State
bald eagle protection rules (WAC 232-12-292) shall not be required as long as bald eagles are not
listed as a state endangered or threatened species.
B. Anadromous Fish.
1. All activities. uses. and alterations proposed to be located in water bodies used by anadromous fish
or in areas that affect such water bodies shall give special consideration to the preservation and
enhancement of anadromous fish habitat. including, but not limited to, adhering to the following
standards:
a. Activities shall be timed to occur only during the allowable work window as designated by
the Washington Department of Fish and Wildlife for the applicable species:
b. An alternative alignment or location for the activity is not feasible:
c. The activity is designed so that it will not degrade the functions or values of the fish habitat
or other critical areas:
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d. Shoreline erosion control measures shall be designed to use bioengineering methods or soft
armoring techniques. according to an approved critical areas report; and
e. Any impacts to the functions or values of the fish and wildlife habitat conservation area are
mitigated in accordance with an approved critical areas report.
2. Anadromous fish bearing streams: streams existing in whole or in part within the city of Edmonds in
which anadromous fish are known to occur. As of 2025. Edmonds fish bearing streams are known to
include Willow Creek, Shellabarger Creek, Shell Creek, Hindley Creek, Northstream Creek, Perrinville
Creek. and Lunds Gulch Creek.
3. Structures that prevent the migration of salmonids shall not be allowed in the portion of water
bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that
allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream
from being trapped or harmed.
4. Fills. when authorized. shall not adversely impact anadromous fish or their habitat or shall mitigate
any unavoidable impacts and shall only be allowed for a water-dependent use.
C. Streams. No alteration to a stream shall be permitted unless consistent with the provisions of this chapter
and the specific standards for development outlined below.
1. Stream Crossings. Stream crossings may be allowed only if all reasonable construction techniques
and best management practices are used to avoid disturbance to the stream bed or bank. Upon
completion of construction. the area affected shall be restored to an appropriate grade, replanted
with native species and/ or otherwise protected according to a stream mitigation and riparian zone
enhancement plan approved by the director. and maintained and monitored per the requirements of
this chapter and provide for riparian zone enhancement in accordance with the requirements of
subsection (D)(2) of this section. In addition. the applicant must demonstrate that best management
practices will be used during construction: provided that:
a. Fisheries protection is maintained. including no interference with fish migration or
spawning:
b. All crossings shall be constructed during summer low flow periods and shall be timed to
avoid stream disturbance during periods when stream use is critical to salmonids:
c. Crossings shall not occur over salmon id spawning areas unless no other possible crossing
site exists:
d. Crossings and culverted portions of the stream shall be minimized to the extent feasible and
serve multiple purposes and multiple lots whenever possible:
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e. Roads may cross streams only on previously approved rights-of-way. provided no practical
alternative exists and adequate provision is made to protect and/or enhance the stream
through appropriate mitigation. Roads shall be designed and located to conform to
topograph½ and maintained to prevent erosion and restriction of the natural movement of
ground water as it affects the stream:
f. Roads and utilities shall be designed in conjunction to minimize the area of disturbance to
the stream:
g. Roads shall be constructed so as to minimize adverse impacts on the hydrologic quality of
the stream or associated habitat to a degree acceptable to the city:
h. An alternative alignment or location with less impact is not feasible: and
i. The crossing will be designed as near as perpendicular with the water body as possible.
2. Stormwater Management Facilities. Stormwater management facilities. limited to outfalls. pipes and
conveyance systems. stormwater dispersion outfalls and bioswales. may be allowed within riparian
management zone: provided. that:
a. No other location is feasible:
b. Pipes and conveyance facilities will be in the outer 25 percent of the riparian management
zone:
c. Stormwater dispersion outfalls. bioswales. and bioretention facilities may be allowed
anywhere within riparian management zones:
d. Such facilities are designed consistent with requirements of Chapter 18.30 ECDC: and
e. The location and function of such facilities will not degrade the functions or values of the
stream or riparian management zone.
D. Riparian Management Zones (RMZ).
Docusign Envelope ID: 4E943C96-CCEE-4BB8-917F-2A3A5A54DE1A
Title 23 Environmentally Critical Areas I Edmonds Community Development Code Page 91 of 92
1. Standard RMZ Width by Water Type.
Water Type Standard Width {in feet}
Tu.Qtl 200'
Type N 100'
2. Reduced RMZ Widths. Standard RMZ widths for Type F waters may be reduced by no more than 25
percent of the required width pursuant to {Dl{l} of this subsection. and concomitant to development
and implementation of a riparian zone enhancement plan approved by the director. Reduced widths
shall only be approved by the director if a riparian zone enhancement plan conclusively
demonstrates that enhancement of the reduced area will not degrade the quantitative and
qualitative functions and values of the critical area in terms of fish and stream protection and the
provision of wildlife habitat. Riparian zone enhancement plans must meet the following specific
requirements:
a. The plan is proposed as part of riparian zone reduction and provides evidence that functions
and values in terms of stream and wildlife protections will be:
i. Increased or retained through plan implementation for those streams where existing
vegetation is generally intact and providing the functions and values of a riparian zone:
or
ii. Increased through plan implementation for those streams where existing buffer
vegetation is inadequate to protect the functions and values of the stream:
b. The plan documents existing native plant densities and provides for increases in native plant
densities in RMZ to no less than three feet on center for shrubs and eight feet on center for
trees:
c. The plan requires monitoring and maintenance to ensure success for a minimum of five
years in accordance with ECDC 23.10.260: and
d. The plan specifically documents methodology and provides performance standards for
assessing increases in RMZ functioning as related to:
i. Bank stability:
ii. Shade:
iii. Pollution removal;
Docusign Envelope ID: 4E943C96-CCEE-4BB8-917F-2A3A5A54DE1A
iv. Contributions to detrital nutrients: and
v. Recruitment of large woody debris.
3. City Discretion in Protection, Enhancement and Preservation of Riparian Zones. The city of Edmonds
is unique within the state of Washington as a built-out community with streams that have been
incorporated within. and often located immediately adjacent to. residential development. The
director is allowed full discretion to condition proposals for development on parcels containing.
adjacent to. or potentially impacting streams consistent with the purposes and objectives of this
chapter. Conditions on development shall be required to enhance streams and riparian management
zones as fish and wildlife habitat conservation areas to provide increased protection of anadromous
fisheries and potential fish habitat in accordance with best available science and the
recommendations of an approved critical areas report and may include:
a. Removal of stream bank armoring;
b. In-stream habitat modification;
c. Native planting:
d. Relocation of stream channel portions to create contiguous riparian corridors or wildlife
habitat;
e. Planting of stream bank native vegetation to increase stream shading:
f. Removal and control of nonnative. invasive weed species;
g. Requiring additional building setbacks or modified buffers: and
h. Limiting or reducing the types or densities of particular uses.
The right of discretion in provisioning development in regard to streams is maintained in order to
provide for the creation of enhanced conditions over those currently existing around streams in the
city of Edmonds. In all instances where an applicant cannot demonstrate that Riparian Management
Zone widths as provided in subsection (D)(l) of this section can be accommodated by project
development. the applicant shall be required to submit a project plan or a stream mitigation and
riparian management zone enhancement plan as part of a critical areas report indicating that post-
project site conditions will provide equivalent or greater protection of stream functions and fish
habitat over a riparian management zone and existing site conditions.
Everett Daily Herald
Affidavit of Publication
State of Washington}
c;ounty of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
'representative of the Everett Daily Herald a
7.i'daily newspaper, The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
A l1ereinafler referred to, published in the English
,: 'language continually as a daily newspaper in
·Snohomish County, Washington and is and
~'always has been printed in whole or part in the
C~Everett Daily Herald and is of general
circulation in said County, and is a legal
• newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
4n, Laws of 1941, and approved as a legal
·: ,newspaper by order of the Superior Court of
·snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDHl024943 ORD 4423 & 4424
as it was published in the regular and entire
issue of said paper and not as a supplement
:forrn thereof for a period of I issue(s ), such
publication commencing on 01/09/2026 and
'ending on 01/09/2026 and that said newspaper
• was regularly distributed to its subscribers
during all of said period.
The amou
$32.68.
Subscribed and sworn before me on this rz.~ day of ~ ,
'k'1--u
Notary Public in and for the State of
Washington.
City or Edmonds -LEGAL ADS f 14101416
EMILY VILLATA
Classified Proof
O~QINANCE SUMMARY
ot Iha 7ty ol Edmoneh,1 wasfiipq1on On the 6111 day ot Jenua,y, 202&, Ina City Council of the CUy of Edmonos, passed 1he roll01.tng Or<1Jnane9, TM summaries ot
said Ordinanc&S. OOR!!Sllnwl 111'! Ufles~are vlded as lollows: O_Bgi !!lt,_<;E_~Q 2
AAN ORDINANCE O TR-e--c1 OF EDMONDS, WASHINGTON. AEVISING THE l~IPACT FEE PROVISIONS TO SECTIO 3.36 OF THE ECC FOLLOWING THE 202~
TRANSPORTATION PLA>I UPDATE; PROVIDING FOR
SEVEAABILITY: ANO SETTING AN EFFECflVE DATE
ORDINANCE NO. 442•
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING l HE CITY'S PERIODIC
UPDATE TO ITS CRITICt'L AREAS ORDINANCE
The IU1 lexl of thue Ordnances win be malled upoo requo,;L
g~;5~h~~\flJ~~~'l.."it1· Jim.TA
Published: January O, 2026, ED!-110249'3
Proofed by Pospical, Randie, 01/27/2026 11:16:44 am Page:2