2026-07-21 PSPHSP Committee Packet
Edmonds City Council Agenda
July 21, 2026
Posted: 7/17/2026 1:43 PM Page 1
Agenda
Edmonds City Council
Public Safety, Planning, Human Services,
and Personnel (PSPHSP) Committee
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
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JULY 21, 2026, 4:30 PM
STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE
PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY.
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PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121
5TH AVE N, EDMONDS WA.
1. CALL TO ORDER
2. COMMITTEE BUSINESS
1. WWTP Maintenance Supervisor Job Description Revision First Reading – Public
Works and Utilities (20 minutes)
2. Personnel Policy Clarification for Approval of Job Descriptions First Reading –
Human Resources (30 minutes)
3. Ordinance Amending Ordinance No. 4424 to Correct and Clarify Legislative Recitals
First Reading – City Council Office (15 minutes)
ADJOURNMENT
For disability accommodations, materials in alternate formats, accessibility information, or language interpretation/ translation needs, please
contact the City Clerk at 425-775-2525 at your earliest opportunity. Providing at least 72-hour notice will help ensure availability.
City Council Agenda Item 2.1
July 21, 2026 - Public Safety, Planning, Human Services, and Personnel (PSPHSP) Committee
TITLE:WWTP Maintenance Supervisor Job Description Revision (First
Reading)
DEPARTMENT:Public Works and Utilities
PRESENTER:Joseph Carter, WWTP Manager
NEEDED FROM COUNCIL:Action
RECOMMENDATION:Move to schedule the included WWTP Maintenance Supervisor
Job Description on the consent agenda for the July 28, 2026 City
Council meeting for approval.
BUDGET:
Total Dollar Amount:N/A ☒ Approved in Budget
Fund(s):N/A ☐ Budget Reallocation Required
☐ No Budget Impact
PROBLEM/ISSUE STATEMENT:
City Council recently approved the addition of (2) WWTP Supervisors. After further analysis, the
WWTP Assets & Projects Supervisor job description is in need of revisions that will reflect the
necessary essential functions; skills & abilities; and minimum qualifications for a WWTP
Maintenance Supervisor.
CONTEXT, ANALYSIS, & ALTERNATIVES:
On April 14, 2026, City Council approved the addition of (2) WWTP Supervisors and
corresponding job descriptions for each supervisor. The Edmonds’ Wastewater Treatment Plant
was to be lead by the WWTP Manager, WWTP Operations Supervisor, WWTP Regulatory
Supervisor, and WWTP Assets & Projects Supervisor. At the time these job positions were
proposed, the WWTP Manager role was vacant and the analysis was based on the existing
needs of the plant. As the WWTP Manager is now filled, further analysis has been conducted
and there is a greater need for a WWTP Maintenance Supervisor. While some tasks associated
with asset and project management are reflected on the proposed job description, it has been
updated to reflect the necessary focus on plant maintenance. The department will utilize
existing Capital Project Managers in the Engineering Department to provide higher level Project
Management support. With approval of the proposed job description, the department can
recruit and fill the role with an exceptional candidate that can demonstrate the necessary skills
needed in the effective operation of the Wastewater Treatment Plant.
RECOMMENDATION:
Move to schedule the included WWTP Maintenance Supervisor Job Description on the consent
agenda for the July 28, 2026 City Council meeting for approval.
Item 2.1
Packet pg. 2/129
BUDGET IMPACTS:
No budget impacts.
ITEM HISTORY:
April 14, 2026 Council approved the addition of (2) WWTP Supervisors and corresponding job
descriptions for WWTP Operations Supervisor, WWTP Regulatory Supervisor, and WWTP
Maintenance Supervisor.
ADDITIONAL INFORMATION:
N/A
ATTACHMENTS:
WWTP Maintenance Supervisor Job Description (Clean)
WWTP Maintenance Supervisor Job Description (redlined)
Item 2.1
Packet pg. 3/129
Wastewater Treatment Plant Assets & Projects Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
City of
EDMONDS
Washington
Wastewater Treatment Plant Maintenance Supervisor
Department:Public Works – Wastewater Treatment Pay Grade NR-37
Bargaining Unit:PROTEC17 FLSA Status:Exempt
Revised Date:April 14, 2026 Reports To:WWTP Manager
POSITION PURPOSE: Under general direction, the WWTP Maintenance Supervisor plans, organizes, and
supervises the maintenance, repair, and reliability activities of the Wastewater Treatment Plant (WWTP) and
associated facilities. This position oversees the mechanical, electrical, and instrumentation & control (I&C)
maintenance teams, ensures optimal equipment performance, and leads the development of preventive and
predictive maintenance programs. The Maintenance Supervisor works closely with Operations, Engineering, and
contractors to ensure plant assets are maintained safely, efficiently, and in compliance with all regulatory
requirements. This position will, when assigned, perform the duties of the WWTP Manager during their absence.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position-specific duties.
Supervise, schedule, and evaluate assigned staff; provide coaching, technical training, and development
opportunities to develop team capability; manage performance and recommend corrective action, if needed.
Prioritize and assign work orders, PM tasks, corrective repairs, and special projects.
Ensure all maintenance work complies with plant safety policies and procedures.
During periods of absence of WWTP Manager, assume Manager roles and responsibilities as assigned.
Develop, implement, and oversee a comprehensive preventive maintenance (PM) program.
Lead predictive maintenance (PdM) activities such as vibration analysis, thermal imaging, oil analysis, and
condition monitoring.
Monitor asset performance data and recommend repair or replacement based on lifecycle and reliability
analysis.
Maintain and optimize the CMMS (computerized maintenance management system)
Oversee maintenance of pumps, motors, blowers, clarifiers, HVAC systems, chemical feed systems,
digester equipment, electrical distribution systems, and SCADA/I&C systems.
Troubleshoot complex mechanical and electrical issues and guide staff in root-cause analysis. work with
operations and maintenance teams to minimize equipment downtime.
Maintain working knowledge of instrumentation and SCADA to support troubleshooting and planning;
coordinate with I&C staff on SCADA alarms, controls reliability, and critical infrastructure support.
Maintain asset inventories and lifecycle data, equipment manuals, maintenance history, and regulatory
documentation.
Item 2.1
Packet pg. 4/129
2 of 5
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Supervisor
Wastewater Treatment Plant Maintenance Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
Prepare maintenance performance reports, including downtime, backlog, and reliability metrics.
Assist in developing maintenance-related budgets and long-term capital repair and replacement plans.
Plan for asset repair, placement, reliability, and redundancy; analyze condition, risk, and maintenance
requirements; and produce asset status reports.
Serve as WWTP maintenance representative during construction, equipment replacements, and contractor
activities.
Review design documents for maintainability and operational impacts. Coordinate shutdowns, tie-ins, and
commissioning activities with engineering and contractors.
Ensure maintenance staff follow confined space, lockout-tagout (LOTO), electrical safety, chemical handling,
and other safety procedures.
Participate in site safety audits and hazard assessments; assure annual fire safety inspections are
completed.
Support regulatory compliance related to maintenance, asset condition, and reliability.
Prepare, organize, and maintain a wide variety of reports, records and files related to assigned activities and
personnel.
Communicate with personnel and outside organizations to coordinate activities and programs, resolve issues
and conflicts and exchange information.
Provide technical expertise, information and assistance to the Manager regarding assigned functions, assist
as needed in the formulation and development of policies, procedures and programs.
Operate a computer and other office equipment as assigned, maintain current knowledge of plant
instrumentation and control systems, drive a vehicle to various sites to inspect work.
Attend and conduct a variety of meetings as assigned, represent the City at a variety of meetings away from
the plant site as assigned.
Perform other duties as assigned.
Required Knowledge of:
Process control, operational guidelines, and performance measurement methods for an activated sludge
wastewater treatment plant.
Mechanical, electrical, instrumentation, and control systems used in wastewater treatment.
Preventive and predictive maintenance techniques (vibration analysis, thermal imaging, lubrication best
practices).
Asset management principles, terminology, and processes, including asset lifecycle management, inventory
development, condition and risk assessment, and preservation strategies. Implementation and administration
of asset management programs using a CMMS system.
Project management tools, processes, and techniques.
Industry and engineering standards related to wastewater treatment plant design, operation, and
maintenance.
Maintenance practices for wastewater plant assets, including reliability engineering concepts, condition
monitoring, optimization principles, and failure mode analysis, Plant instrumentation, control system, and
mechanical and electrical standards
Applicable federal, state, and local laws, codes, regulations, permits, and policies governing wastewater
treatment plant operations and conflict resolution techniques.
Hazardous chemicals handling and disposal requirements.
Item 2.1
Packet pg. 5/129
3 of 5
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Supervisor
Wastewater Treatment Plant Maintenance Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
Construction safety and site control to ensure safe work during construction and maintenance.
Chemistry and microbiology related to wastewater treatment.
Interpersonal skills using tact, patience and courtesy.
Health and safety standards, rules and regulations.
Budget preparation and control.
Labor Relations and contract administration.
Oral and written communication skills.
Record keeping techniques.
Operation of a computer and assigned software.
Supervisory and training principles, methods and techniques.
Required Skill in:
Design and execute asset management procedures and processes to maintain control and to monitor
accountability, maintenance and contracts.
Using data for project management, lifecycle planning, and reliability analysis.
Planning, scheduling, and executing maintenance projects including allocating staffing, timelines and budget;
tracking maintenance and project cost impacts; preparing specifications and cost estimates; and managing
workloads.
Coordinating and managing vendors, consultants, contractors, and other service providers.
Supervising mechanics, electricians, and instrument techs.
Ensuring requirements and permits are in compliance with local, state and federal agencies.
Supervising and evaluating the performance of assigned staff.
Evaluating work practices of operations, maintenance and laboratory departments to implement current
industry standards.
Tracking maintenance and project cost impacts; ensuring maintenance execution and documentation.
Communicating effectively orally and in writing.
Interpreting, applying and explaining rules, regulations, policies and procedures.
Establishing and maintaining cooperative and effective working relationships with others.
Operating a computer and other office equipment as assigned.
Analyzing situations accurately and adopting an effective course of action.
Working independently with little direction.
Planning, organizing, and prioritizing workload to meet deadlines and operating needs.
Preparing and maintaining a variety of comprehensive records, files, and reports.
MINIMUM QUALIFICATIONS:
Education and Experience:
Associates Degree in Environmental Science, Water and Wastewater Technology, Civil Engineering, or related
field; or completion of an accredited industrial maintenance, mechanical/electrical technology, or related technical
Item 2.1
Packet pg. 6/129
4 of 5
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Supervisor
Wastewater Treatment Plant Maintenance Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
program; and five (5) years of industrial or wastewater maintenance experience, including two (2) years in a lead
or supervisory role.
An equivalent combination of education, training and experience which allows the incumbent to successfully perform
the essential functions of the position may also be considered.
Preferred Qualifications:
Experience maintaining wastewater treatment plant systems.
Vibration analysis or predictive maintenance certifications (Vibration Level I, Thermography, etc.)
Required Licenses or Certifications:
A valid Driver’s license is required at time of hire. A State of Washington Driver’s License is required within
30 days from date of hire.
State of Washington Group I Wastewater Operator Certification within one year. Must work towards a Group
IV certification from hire date.
CPR and First Aid card within 6 months of hire
Other certifications/licenses may be required within a specified period of time after hire.
A criminal background check is required following a conditional offer of employment.
Other Requirements:
This is a City identified safety sensitive position and requires a pre-employment drug screening following a
conditional offer of employment.
WORKING CONDITIONS:
Environment:
Indoor/outdoor work environment
Driving a vehicle to conduct work
Working in a confined or classified space
Physical Abilities:
Hearing, speaking or otherwise communicating to exchange information in person or on the phone.
Operate a variety of grounds equipment and power and hand tools.
Operate a computer keyboard or other office equipment.
Read a variety of materials and instruments and possess close vision, far vision, side vision, depth
perception, night vision and color vision.
Ascending/descending ladders
Lifting/ carrying or otherwise moving or transporting heavy objects, frequently up to 50lbs.
Sitting/standing or otherwise remaining in a stationary position for extended periods of time
Walking or otherwise moving over rough or uneven surfaces while performing inspections and
investigations.
Item 2.1
Packet pg. 7/129
5 of 5
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Supervisor
Wastewater Treatment Plant Maintenance Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
Performing repetitive motions, including balancing, stooping, kneeling, bending, crouching, crawling,
reaching overhead, above the shoulders and horizontally, and standing, pushing, pulling and using stairs.
Working in tight spaces
Ability to wear appropriate personal protective equipment based on required City Policy.
Hazards:
Exposure to chemicals, used in Wastewater treatment including but not limited to Sodium Hypochlorite,
Caustic Soda, Bisulfate, Polymers, Clay, Lime and Carbon.
Exposure to raw and treated sewage, odors associated with sewage treatment, high heat and moving
equipment.
Exposure to cleaning chemicals, herbicides and dust.
Working at heights using ladders and structures
Working around and with sometimes noisy machinery having moving parts
Exposure to slippery surfaces, damp spaces while cleaning in and around equipment.
Exposure to electrical power supply and high voltage.
Incumbent Signature: ____________________________________Date: ________________________
Department Head: _______________________________________Date: ________________________
Item 2.1
Packet pg. 8/129
Wastewater Treatment Plant Assets & Projects Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
City of
EDMONDS
Washington
Wastewater Treatment Plant MaintenanceAssets & Projects Supervisor
Department:Public Works – Wastewater Treatment Pay Grade NR-37
Bargaining Unit:PROTEC17 FLSA Status:Exempt
Revised Date:April 14, 2026 Reports To:WWTP Manager
POSITION PURPOSE: Under general direction, the WWTP Maintenance Supervisor plans, organizes, and
supervises the maintenance, repair, and reliability activities of the Wastewater Treatment Plant (WWTP) and
associated facilities. This position oversees the mechanical, electrical, and instrumentation & control (I&C)
maintenance teams, ensures optimal equipment performance, and leads the development of preventive and
predictive maintenance programs. The Maintenance Supervisor works closely with Operations, Engineering, and
contractors to ensure plant assets are maintained safely, efficiently, and in compliance with all regulatory
requirements.plans, organizes and coordinates the asset inventory, lifecycle management, maintenance planning,
I&C, and procurement activities of the City’s Regional Wastewater Treatment Plant. Responsibilities include
oversight of the plant asset management program, utilizing the established records management system and
assisting with the development and management of capital projects; supervises and evaluates the performance of
assigned staff; is responsible for planning and scheduling the work of assigned staff; nurturing facility’s culture of
”Safety-First”; implementing programs, policies and procedures that create efficient operations and fiscal
responsibility. This position will also assist the WWTP Manager in developing and monitoring the annual operating
budget and, when assigned, perform the duties of the WWTP Manager during their absence.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position-specific duties.
Plan, organize, and coordinate a variety of programs, projects and activities as assigned by the Manager
related to the asset, project, and procurement management activities of the City’s wastewater treatment plant.
This function will include design of new processes, programs, and policies as well as the necessary
communication and education to successfully implement them.
Supervise, schedule, and evaluate the performance assigned staff; provide coaching, technical training, and
development opportunities to develop team capability; manage performance and recommend corrective
action, if needed.
Prioritize and assign work orders, PM tasks, corrective repairs, and special projects.
Ensure all maintenance work complies with plant safety policies and procedures.
Promote a culture of teamwork and continuous improvement.
Item 2.1
Packet pg. 9/129
2 of 7
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Assets & Projects Supervisor
Wastewater Treatment Plant Assets & Projects Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
Oversee the WWTP asset management program. Maintain comprehensive asset inventories and lifecycle
data; plan for asset repair, placement, reliability, and redundancy; analyze condition, risk, and maintenance
requirements; and produce asset status reports.
Coordinate with I&C and contracted staff to identify and mitigate electrical and fire hazards; assure annual
fire safety inspections are completed.
During periods of absence of WWTP Manager, assume Manager roles and responsibilities as assigned.
Develop, implement, and oversee a comprehensive preventive maintenance (PM) program.
Lead predictive maintenance (PdM) activities such as vibration analysis, thermal imaging, oil analysis, and
condition monitoring.
Monitor asset performance data and recommend repair or replacement based on lifecycle and reliability
analysis.
Maintain and optimize the CMMS (computerized maintenance management system)
Oversee maintenance of pumps, motors, blowers, clarifiers, HVAC systems, chemical feed systems,
digester equipment, electrical distribution systems, and SCADA/I&C systems.
Troubleshoot complex mechanical and electrical issues and guide staff in root-cause analysis. work with
operations and maintenance teams to minimize equipment downtime.
Prepare, organize, and maintain a wide variety of reports, records and files related to assigned activities and
personnel.
Provide input to the Manager for the O&M budget process, recommend and plan capital projects, control and
authorize expenditures in accordance with established limitations.
Administer Capital Improvement projects, make recommendations to the Manager, and as assigned,
prepare, advertise, receive, recommend, and award bids according to established City procedures.
Oversee projects, approve final payments, and properly close out capital projects.
Maintain working knowledge of instrumentation and SCADA to support troubleshooting and planning;
coordinate with I&C staff on SCADA alarms, controls reliability, and critical infrastructure support.work with
operations and maintenance teams to minimize equipment downtown; and generate regular reports on
maintenance downtime, and asset performance.
Maintain asset inventories and lifecycle data, equipment manuals, maintenance history, and regulatory
documentation.
Prepare maintenance performance reports, including downtime, backlog, and reliability metrics.
Assist in developing maintenance-related budgets and long-term capital repair and replacement plans.
Update O&M procedures and asset database as equipment changes; ensure training and CMMS updates for
new equipment
Oversee the WWTP asset management program. Maintain comprehensive asset inventories and lifecycle
data; pPlan for asset repair, placement, reliability, and redundancy; analyze condition, risk, and maintenance
requirements; and produce asset status reports.
Serve as WWTP maintenance representative during construction, equipment replacements, and contractor
activities.
Review design documents for maintainability and operational impacts. Coordinate shutdowns, tie-ins, and
commissioning activities with engineering and contractors.
Ensure maintenance staff follow confined space, lockout-tagout (LOTO), electrical safety, chemical handling,
and other safety procedures.
Participate in site safety audits and hazard assessments; assure annual fire safety inspections are
completed.
Support regulatory compliance related to maintenance, asset condition, and reliability.
Item 2.1
Packet pg. 10/129
3 of 7
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Assets & Projects Supervisor
Wastewater Treatment Plant Assets & Projects Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
Prepare, organize, and maintain a wide variety of reports, records and files related to assigned activities and
personnel.
Communicate with personnel and outside organizations to coordinate activities and programs, resolve issues
and conflicts and exchange information.
Provide technical expertise, information and assistance to the Manager regarding assigned functions, assist
as needed in the formulation and development of policies, procedures and programs.
Operate a computer and other office equipment as assigned, maintain current knowledge of plant
instrumentation and control systems, drive a vehicle to various sites to inspect work.
Attend and conduct a variety of meetings as assigned, represent the City at a variety of meetings away from
the plant site as assigned.
Perform other duties as assigned.
Required Knowledge of:
Process control, operational guidelines, and performance measurement methods for an activated sludge
wastewater treatment plant.
Mechanical, electrical, instrumentation, and control systems used in wastewater treatment.
Preventive and predictive maintenance techniques (vibration analysis, thermal imaging, lubrication best
practices).
Asset management principles, terminology, and processes, including asset lifecycle management, inventory
development, condition and risk assessment, and preservation strategies. Implementation and administration
of asset management programs using a CMMS system.
Project management tools, processes, and techniques, including RFQ/RFP development and administration.
Industry and engineering standards related to wastewater treatment plant design, operation, and
maintenance.
Maintenance practices for wastewater plant assets, including reliability engineering concepts, condition
monitoring, optimization principles, and failure mode analysis, Plant instrumentation, control system, and
mechanical and electrical standards
Applicable federal, state, and local laws, codes, regulations, permits, and policies governing wastewater
treatment plant operations and conflict resolution techniques.
Hazardous chemicals handling and disposal requirements.
Construction safety and site control to ensure safe work during construction and maintenance.
Chemistry and microbiology related to wastewater treatment.
Interpersonal skills using tact, patience and courtesy.
Health and safety standards, rules and regulations.
Budget preparation and control.
Labor Relations and contract administration.
Oral and written communication skills.
Record keeping techniques.
Operation of a computer and assigned software.
Supervisory and training principles, methods and techniques.
Item 2.1
Packet pg. 11/129
4 of 7
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Assets & Projects Supervisor
Wastewater Treatment Plant Assets & Projects Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
Required Skill in:
Design and execute asset management procedures and processes to maintain control and to monitor
accountability, maintenance and contracts.
Using data for project management, lifecycle planning, and reliability analysis.
Planning, scheduling, and executing capital and maintenance projects including allocating staffing, timelines
and budget; tracking maintenance and project cost impacts; preparing specifications and cost estimates; and
managing workloads.
Coordinating and managing vendors, consultants, contractors, and other service providers.
Supervising mechanics, electricians, and instrument techs.
Ensuring requirements and permits are in compliance with local, state and federal agencies.
Supervising and evaluating the performance of assigned staff.
Evaluating work practices of operations, maintenance and laboratory departments to implement current
industry standards.
Tracking maintenance and project cost impacts; ensuring maintenance execution and documentation.
Communicating effectively orally and in writing.
Interpreting, applying and explaining rules, regulations, policies and procedures.
Establishing and maintaining cooperative and effective working relationships with others.
Operating a computer and other office equipment as assigned.
Analyzing situations accurately and adopting an effective course of action.
Working independently with little direction.
Planning, organizing, and prioritizing workload to meet deadlines and operating needs.
Preparing and maintaining a variety of comprehensive records, files, and reports.
MINIMUM QUALIFICATIONS:
Education and Experience:
Associates Degree in Environmental Science, Water and Wastewater Technology, Civil Engineering, or related
field; or completion of an accredited industrial maintenance, mechanical/electrical technology, or related technical
program; and five (5) years of industrial or wastewater maintenance experience, including two (2) years in a lead
or supervisory role and five years of progressively responsible experience in wastewater treatment plant asset
management and capital project delivery that includes two years of staff supervisory responsibility; preferably in a
municipal or public sector industrial environment.
An equivalent combination of education, training and experience which allows the incumbent to successfully perform
the essential functions of the position may also be considered.
Preferred Qualifications:
Experience maintaining wastewater treatment plant systems.
Vibration analysis or predictive maintenance certifications (Vibration Level I, Thermography, etc.)Asset
Management and/or Project Management certification
Item 2.1
Packet pg. 12/129
5 of 7
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Assets & Projects Supervisor
Wastewater Treatment Plant Assets & Projects Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
Required Licenses or Certifications:
A valid Driver’s license is required at time of hire. A State of Washington Driver’s License is required within
30 days from date of hire.
State of Washington Group I Wastewater Operator Certification within one yearupon hire. Must work towards
a Group IV certification from hire date.
CPR and First Aid card within 6 months of hire
Other certifications/licenses may be required within a specified period of time after hire.
A criminal background check is required following a conditional offer of employment.
Other Requirements:
This is a City identified safety sensitive position and requires a pre-employment drug screening following a
conditional offer of employment.
WORKING CONDITIONS:
Environment:
Indoor/outdoor work environment
Driving a vehicle to conduct work
Working in a confined or classified space
Physical Abilities:
Hearing, speaking or otherwise communicating to exchange information in person or on the phone.
Operate a variety of grounds equipment and power and hand tools.
Operate a computer keyboard or other office equipment.
Read a variety of materials and instruments and possess close vision, far vision, side vision, depth
perception, night vision and color vision.
Ascending/descending ladders
Lifting/ carrying or otherwise moving or transporting heavy objects, frequently up to 50lbs.
Sitting/standing or otherwise remaining in a stationary position for extended periods of time
Walking or otherwise moving over rough or uneven surfaces while performing inspections and
investigations.
Performing repetitive motions, including balancing, stooping, kneeling, bending, crouching, crawling,
reaching overhead, above the shoulders and horizontally, and standing, pushing, pulling and using stairs.
Working in tight spaces
Ability to wear appropriate personal protective equipment based on required City Policy.
Hazards:
Item 2.1
Packet pg. 13/129
6 of 7
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Assets & Projects Supervisor
Wastewater Treatment Plant Assets & Projects Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
Exposure to chemicals, used in Wastewater treatment including but not limited to Sodium Hypochlorite,
Caustic Soda, Bisulfate, Polymers, Clay, Lime and Carbon.
Exposure to raw and treated sewage, odors associated with sewage treatment, high heat and moving
equipment.
Exposure to cleaning chemicals, herbicides and dust.
Working at heights using ladders and structures
Working around and with sometimes noisy machinery having moving parts
Exposure to slippery surfaces, damp spaces while cleaning in and around equipment.
Exposure to electrical power supply and high voltage.
Item 2.1
Packet pg. 14/129
7 of 7
JOB DESCRIPTION
Wastewater Treatment Plant Maintenance Assets & Projects Supervisor
Wastewater Treatment Plant Assets & Projects Supervisor Last Reviewed: 06/02/2026
Last Revised: 04/14/2026
Incumbent Signature: ____________________________________Date: ________________________
Department Head: _______________________________________Date: ________________________
Item 2.1
Packet pg. 15/129
City Council Agenda Item 2.2
July 21, 2026 - Public Safety, Planning, Human Services, and Personnel (PSPHSP) Committee
TITLE:Personnel Policy Clarification for Approval of Job Descriptions
(First Reading)
DEPARTMENT:Human Resources
PRESENTER:Lisa Takach, Human Resources Director
NEEDED FROM COUNCIL:Informational
RECOMMENDATION:Staff recommends that Council considers reviewing and
approving job descriptions in accordance with the current
adopted personnel policy and in accordance with the clarified
meaning of “minor changes.”
BUDGET:
Total Dollar Amount:n/a ☐ Approved in Budget
Fund(s):n/a ☐ Budget Reallocation Required
☒ No Budget Impact
PROBLEM/ISSUE STATEMENT:
Seek clarification relative to the nature of the changes to job descriptions that require City
Council approval. Staff are actively reviewing job descriptions and making necessary
updates. Clarity will help streamline the approval process and help fill vacancies more
efficiently.
CONTEXT, ANALYSIS, & ALTERNATIVES:
City of Edmonds Personnel Rules, Section 3.10 states in pertinent part that “minor revisions to
job descriptions that do not impact the position’s job duties, essential functions, or
compensation may be approved by the Mayor without City Council approval.” Seeking clarity
that minor revisions include changes in response to amendments to employment laws,
minimum qualifications if not needed to perform essential functions of the job, changes to
required and preferred certifications, changes to essential functions that are obsolete or now
performed by technology, changes to specific terms of art, products, and systems, and
improvement to language and/or grammatical corrections.
RECOMMENDATION:
Staff recommends that Council considers reviewing and approving job descriptions in
accordance with the current adopted personnel policy and in accordance with the clarified
meaning of “minor changes.”
BUDGET IMPACTS:
n/a
ITEM HISTORY:
Item 2.2
Packet pg. 16/129
n/a
ADDITIONAL INFORMATION:
ATTACHMENTS:
Job Description Approval
Item 2.2
Packet pg. 17/129
Edmonds City Council
Public Safety, Planning, Human Services and
Personnel (PSPHSP) Committee
Personnel Policy Clarification for Approval of Job
Descriptions
Lisa Takach, J.D.,HR Director
July 21, 2026 4:30 p.m.
Item 2.2
Packet pg. 18/129
Agenda
•Background
•Review current policy on approving job descriptions
•Rationale and Purpose
•Clarification of Policy in specific instances
Item 2.2
Packet pg. 19/129
Background
•City of Edmonds Personnel Rules, Section 3.10 requires City Council approval of changes to job
descriptions in certain instances
•Departments are actively reviewing changes to job descriptions when recruiting for vacancies
•Need to fill vacancy quickly is significant
•Identified a need to clarify respective roles between Mayor and Council
•Seek clarity on policy interpretation
Item 2.2
Packet pg. 20/129
City of Edmonds Personnel Rules,
Section 3.10 JOB ASSIGNMENTS
In pertinent part (emphasis added):
It is the supervisor's responsibility to maintain the employee's primary job
assignments within the existing job description, until a revised job description is
approved. Requests for revised job descriptions can be made by the Department
Director to the Human Resources Office. Revised job descriptions, along with the
appropriate pay grade, are subject to the Mayor's approval, before submittal to
the Human Resources Office and City Council for their approval. Minor revisions
to job descriptions that do not impact the position’s job duties, essential
functions, or compensation may be approved by the Mayor without City Council
approval.
Item 2.2
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Rationale/Purpose of Clarification
•To bring information contained in job descriptions into compliance with employment laws and
new legislation, remove obsolete functions, and other content that on its face that may appear
substantial but does not change the essential function or salary of the job;
•To efficiently recruit and fill vacancies in support of service to community; and
•To attract qualified candidates with current and relevant job descriptions.
Item 2.2
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Clarify interpretation to not require Council approval for:
1.Changes to job descriptions in response to amendments in employment law:
a.Example: WLAD (Washington Law Against Discrimination) Avoid discrimination based on
disability
i.Example: Arbitrary physical requirements
b.Example: RCW 49.58.120 (SB 5501) Prohibits valid driver’s license as a condition of
employment
2.Changes to minimum qualifications if not needed to support performance of essential
function
a.Example: CDL if not needed w/o change to essential functions
3.Changes to required or preferred certifications
a.Example: ICC (testing center) no longer offers Zoning Enforcement Certification, but offers
a comparable Zoning Inspector Certification
4.Changes to essential functions when that function is obsolete or performed by technology
a.Example: Automation replaces manual data entry
5.Changes to specific terms of art, products, systems
a.Example: “Proficient in Tyler” vs “Proficient in ERP systems”
6.Improvement to language/changes to grammar that does not change job duties
Item 2.2
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Questions?
Item 2.2
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Thank you!
Item 2.2
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City Council Agenda Item 2.3
July 21, 2026 - Public Safety, Planning, Human Services, and Personnel (PSPHSP) Committee
TITLE:Ordinance Amending Ordinance No. 4424 to Correct and Clarify
Legislative Recitals (First Reading)
DEPARTMENT:City Council Office
PRESENTER:Jeff Taraday
NEEDED FROM COUNCIL:Action
RECOMMENDATION:Move to adopt Ordinance No. ______, amending Ordinance No.
4424 to correct and clarify legislative recitals relating to the
City’s periodic update of its Critical Areas Ordinance.
This item originated with the council, not with staff. So, there is
no staff recommendation. The ordinance is a narrow corrective
measure that aligns the explanatory recitals in Ordinance No.
4424 with the Council’s January 6, 2026 motion and does not
make any substantive change to the City’s critical areas
regulations.
BUDGET:
Total Dollar Amount:0 ☐ Approved in Budget
Fund(s):N/☐ Budget Reallocation Required
☒ No Budget Impact
PROBLEM/ISSUE STATEMENT:
The proposed ordinance is intended to correct the explanatory recitals in Ordinance No. 4424
so that the legislative record accurately reflects the ordinance as amended and adopted by the
City Council on January 6, 2026.
The proposed ordinance would delete two existing recitals that refer to leaving the current
CARA regulations in place pending completion of the PFAS study. Those recitals would be
replaced with recitals stating that Council received and considered staff analysis, Planning
Board materials, public testimony, written public comments, and input from interested
community members and public agencies regarding the City’s critical areas regulations,
including CARA regulations, the Deer Creek aquifer, and the use of underground injection
control wells in the Deer Creek area.
The replacement recitals would also clarify that, after considering the alternatives presented in
the Council packet, public testimony, written public comments, and Council deliberation, the
Item 2.3
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Council selected Option 2 as amended, including amended CARA regulations and Council’s
direction that future updates be considered “if necessary” following completion of the PFAS
study.
The proposed ordinance does not make any substantive change to Ordinance No. 4424. It does
not amend, repeal, suspend, reenact, or otherwise alter the substantive provisions, codified
regulations, effective date, or legal effect of Ordinance No. 4424. It also does not reopen or
extend the effective date of Ordinance No. 4424 or impair any action taken under that
ordinance.
CONTEXT, ANALYSIS, & ALTERNATIVES:
On January 6, 2026, the City Council considered Ordinance No. 4424 as part of the City’s
periodic update to its critical areas regulations. The Council packet for that meeting included
multiple policy options for addressing critical aquifer recharge area (CARA) regulations while
the Deer Creek PFAS study was ongoing.
One option would have adopted the critical areas ordinance while deferring consideration of
CARA regulations until completion of the PFAS study. After the public hearing and Council
deliberation, that motion failed. Council then moved to adopt Option 2 of the ordinance with
amended CARA regulations. Council further amended the motion by replacing the word “again”
with the phrase “if necessary.” The main motion to adopt Option 2 as amended passed.
As a result, Ordinance No. 4424 was enacted to include amended CARA regulations, rather than
to defer consideration of CARA regulations. However, two recitals prepared for a pre-
amendment version of the ordinance were inadvertently carried forward into the final
ordinance even though those recitals described an approach the Council did not ultimately
adopt.
RECOMMENDATION:
Move to adopt Ordinance No. ______, amending Ordinance No. 4424 to correct and clarify
legislative recitals relating to the City’s periodic update of its Critical Areas Ordinance.
This item originated with the council, not with staff. So, there is no staff recommendation. The
ordinance is a narrow corrective measure that aligns the explanatory recitals in Ordinance No.
4424 with the Council’s January 6, 2026 motion and does not make any substantive change to
the City’s critical areas regulations.
Alternatives
1. Adopt the ordinance as presented;
2. Amend the proposed ordinance before adoption; or
3. Take no action, in which case the two inaccurate recitals would remain in Ordinance No.
4424.
Item 2.3
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BUDGET IMPACTS:
N/A
ITEM HISTORY:
On January 6, 2026, the City Council considered Ordinance No. 4424 as part of the City’s
periodic update to its critical areas regulations.
ADDITIONAL INFORMATION:
ATTACHMENTS:
1. Draft Ordinance Amending Recitals in Ordinance 4424
2. Ordinance No. 4424
Item 2.3
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ORDINANCE NO. 4424 TO CORRECT AND CLARIFY
LEGISLATIVE RECITALS RELATING TO THE CITY’S PERIODIC
UPDATE OF ITS CRITICAL AREAS ORDINANCE.
WHEREAS, RCW 36.70A.130 requires the City to periodically review and, if needed, revise its
critical areas ordinance; and
WHEREAS, on January 6, 2026, the City Council considered Ordinance No. 4424 as part of the
City’s periodic update to its critical areas regulations; and
WHEREAS, the council packet for the January 6, 2026 meeting included multiple policy options for
addressing critical aquifer recharge area (“CARA”) regulations while the Deer Creek PFAS study was
ongoing, including an option to adopt the critical areas ordinance while deferring consideration of CARA
regulations until completion of the study; and
WHEREAS, the City Council held a public hearing on January 6, 2026, at which members of the
public commented on the critical areas ordinance, the Deer Creek aquifer, the City’s CARA regulations,
and the use of underground injection control wells (“UICs”) in the Deer Creek CARA; and
WHEREAS, after the public hearing, a motion to adopt the proposed critical areas ordinance and
defer consideration of CARA regulations until completion of the PFAS study failed; and
WHEREAS, the City Council then moved to adopt Option 2 of the critical areas ordinance with the
amended CARA section, and the City Council amended that motion by replacing the word “again” with
the phrase “if necessary”; and
WHEREAS, the main motion to adopt Option 2 as amended passed, and Ordinance No. 4424 was
thereafter enacted to include amended CARA regulations rather than to defer consideration of CARA
regulations; and
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WHEREAS, two recitals prepared for a pre-amendment version of Ordinance No. 4424 were not
amended as part of the Option 2 motion and were consequently carried forward into the final ordinance
even though those recitals described an approach the City Council did not ultimately adopt; and
WHEREAS, the City Council desires to correct the explanatory recitals in Ordinance No. 4424 so
that the legislative record accurately reflects the ordinance as amended and adopted, without altering
the substantive provisions, codified regulations, effective date, or legal effect of Ordinance No. 4424;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Correction of Recitals in Ordinance No. 4424. Ordinance No. 4424 is hereby amended
to delete the following two recitals:
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 PFAS study are before the city council;
Those deleted recitals are hereby replaced with the following recitals:
WHEREAS, the City Council received and considered staff analysis, Planning Board materials,
public testimony, written public comments, and input from interested community members
and public agencies regarding the City’s critical areas regulations, including the City’s CARA
regulations; and
WHEREAS, after considering the alternatives presented in the council packet, the public
testimony, written public comments, and the City Council’s deliberation, the City Council finds
the most preferable option at this time to be Option 2 as amended, including amended CARA
regulations and the City Council’s direction that future updates be considered “if necessary”
following completion of the PFAS study; and
WHEREAS, the City Council intends these recitals to reflect the ordinance as amended and
adopted, including the adoption of amended CARA regulations rather than the deferral of
CARA regulations;
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Section 2. No Substantive Change to Ordinance No. 4424. This ordinance is intended solely to
correct explanatory recitals in Ordinance No. 4424 so that those recitals conform to the ordinance as
amended and adopted by the City Council on January 6, 2026. This ordinance does not amend, repeal,
suspend, reenact, or otherwise alter the substantive provisions, codified regulations, effective date, or
legal effect of Ordinance No. 4424. Without limiting the foregoing, this ordinance does not reopen or
extend the effective date of Ordinance No. 4424, and does not impair any action taken under Ordinance
No. 4424.
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
ATTEST/AUTHENTICATE:
CITY CLERK, LUKE LONIE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
Item 2.3
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FILED WITH THE CITY CLERK:JULY 21, 2026
PASSED BY THE CITY COUNCIL:INSERT DATE
PUBLISHED:INSERT DATE
EFFECTIVE DATE:INSERT DATE
ORDINANCE NO:XXXX
Item 2.3
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SUMMARY OF ORDINANCE NO. ____
of the City of Edmonds, Washington
On the ____ day of ________, 2026, the City Council of the City of Edmonds,
passed Ordinance No. ____. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ORDINANCE NO. 4424 TO CORRECT AND CLARIFY
LEGISLATIVE RECITALS RELATING TO THE CITY’S PERIODIC
UPDATE OF ITS CRITICAL AREAS ORDINANCE.
The full text of this Ordinance will be mailed upon request.
DATED this ____ day of _______, 2026.
CITY CLERK, LUKE LONIE
Item 2.3
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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 PFAS in stormwater; and
WHEREAS, the pending PFAS 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 PFAS
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 PFAS 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 TARADAY
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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4
SUMMARY OF ORDINANCE NO. 4424
of the City of Edmonds, Washington
On the 6th day of January, 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. 1
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Title 23 Environmentally CriƟcal Areas | Edmonds Community Development Code Page 1 of 92
Title 23 ENVIRONMENTALLY
CRITICAL AREAS
Chapters:
23.10 Environmentally CriƟcal Areas
Chapter 23.10
ENVIRONMENTALLY CRITICAL
AREAS
SecƟons:
IntroducƟon - General Provisions
23.10.000 Purpose.
23.10.010 Authority.
23.10.020 Severability.
23.10.030 DefiniƟons.
23.10.040 ProtecƟon of criƟcal areas.
23.10.050 Applicability, idenƟficaƟon, inventory, mapping.
23.10.060 General provisions.
23.10.070 Use of best available science, monitoring, and adapƟve management.
23.10.080 Allowed acƟviƟes and exempƟons - General.
23.10.090 AddiƟonal allowed acƟviƟes and exempƟons – Specific to CriƟcal Area Types.
23.10.100 RestoraƟon projects.
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23.10.110 Unauthorized alteraƟons and enforcement.
23.10.120 Markers and signs.
23.10.130 NoƟce on Ɵtle.
23.10.140 Building setback.
CriƟcal Area Review Procedures
23.10.200 CriƟcal area review sequence.
23.10.210 CriƟcal area report requirements - General.
23.10.220 CriƟcal area report requirements – Specific to CriƟcal Area Types.
23.10.230 Review criteria.
23.10.240 ConƟngent review procedure and criteria.
23.10.250 MiƟgaƟon requirements and sequencing.
23.10.260 Monitoring and Bonds.
23.10.270 Appeals.
23.10.280 Variances.
23.10.290 InspecƟons.
ArƟcle I. Wetlands
23.10.300 DescripƟon and Purpose.
23.10.310 DesignaƟon, raƟng, and mapping.
23.10.320 Development standards.
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23.10.330 Performance standards – Subdivisions.
ArƟcle II. CriƟcal aquifer recharge areas (CARAs).
23.10.400 DescripƟon and Purpose.
23.10.410 DesignaƟon, classificaƟon, and mapping.
23.10.420 Regulated acƟviƟes.
ArƟcle III. Frequently flooded areas
23.10.500 DescripƟon and Purpose.
23.10.510 DesignaƟon, raƟng and mapping.
23.10.520 Liability disclaimer.
23.10.530 Development standards.
ArƟcle IV. Geologically hazardous areas
23.10.600 DescripƟon and Purpose.
23.10.610 DesignaƟon and mapping.
23.10.620 Development Standards – General Requirements.
23.10.630 Development Standards – Specific Requirements.
ArƟcle V. Fish and wildlife habitat conservaƟon areas
23.10.700 DescripƟon and Purpose.
23.10.710 DesignaƟon, raƟng and mapping – Fish and wildlife habitat conservaƟon 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 CriƟcal Areas | Edmonds Community Development Code Page 5 of 92
IntroducƟon - General Provisions
23.10.000 Purpose.
This chapter designates and classifies environmentally criƟcal areas. It protects the public from hazards,
conserves the funcƟons and values of environmentally sensiƟve areas, and allows for reasonable use of private
property in compliance with the Washington State Growth Management Act (Chapter 36.70A RCW) through the
applicaƟon 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 funcƟon of fish and wildlife habitat conservaƟon areas by preserving
and restoring riparian corridors and protecƟng wildlife habitats that support state priority species
and species of local importance.
2. Achieve no net loss of value or funcƟon of wetlands and their buffers and enhance or restore
wetlands where feasible.
3. Protect criƟcal aquifer recharge areas by avoiding land uses that risk contaminaƟon and prevent
negaƟve impacts.
4. Avoid and minimize risks to life and property from geological hazards by requiring appropriate study,
analysis, and sound engineering principles to ensure sites are as safe as those without hazards.
5. Maintain no net loss of structure, value, and funcƟon 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 (hereaŌer
referred to as “the director”) is given the authority to interpret and apply, and the responsibility to
enforce, this chapter to accomplish the stated purpose.
B. This chapter is to be administered with flexibility and aƩenƟon to site-specific characterisƟcs. 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 faciliƟes and services necessary to
support exisƟng 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, condiƟon, or deny development permits or acƟvity approvals to ensure that
the proposed acƟon is consistent with this chapter.
23.10.020 Severability.
If any clause, sentence, paragraph, secƟon, or part of this chapter or the applicaƟon thereof to any person or
circumstances shall be judged by any court of competent jurisdicƟon to be invalid, such order or judgment shall
be confined in its operaƟon 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,
secƟon, or part of this law are hereby declared to be severable.
23.10.030 DefiniƟons.
For the purposes of this chapter, the following definiƟons shall apply:
“AdapƟve management” means the systemaƟc acquisiƟon and applicaƟon of reliable informaƟon to improve
management over Ɵme. It oŌen includes treaƟng management decisions as experiments to address criƟcal
uncertainƟes and learn more quickly from experience. It involves seƫng objecƟves, monitoring condiƟons, and
adjusƟng management based on results. Hallmarks of a sound adapƟve 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 condiƟons at appropriate special extents and
Ɵme scales. See WAC 365-195-920(2).
“Adjacent” means those acƟviƟes located on sites immediately adjoining a criƟcal area; or within a distance of
225 feet or less of a development proposal or subject parcel; or criƟcal areas within the jurisdicƟon of criƟcal
areas regulaƟon requirements to support the intent of this chapter and ensure protecƟon of the funcƟons and
values of criƟcal areas.
“AlteraƟon” means any human-induced acƟon which changes the exisƟng condiƟon of a criƟcal area or its buffer.
AlteraƟons include, but are not limited to: grading; filling; dredging; draining; channelizing; cuƫng, pruning,
limbing or topping, clearing, relocaƟng or removing vegetaƟon; applying herbicides or pesƟcides or any
hazardous or toxic substance; discharging pollutants; paving, construcƟon, applicaƟon of gravel; modifying for
surface water management purposes; or any other human acƟvity that changes the exisƟng landforms,
vegetaƟon, hydrology, wildlife or wildlife habitat value of criƟcal areas.
“Applicant” means a person, as defined in ECDC 21.80.030, proposing or undertaking an alteraƟon.
“AquaƟc species” means wildlife species that live in marine or freshwater including fish, shellfish, amphibians,
repƟles, crustaceans, and various other invertebrates.
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Title 23 Environmentally CriƟcal Areas | Edmonds Community Development Code Page 7 of 92
“Aquifer” means a body of soil or rock that contains sufficient saturated material to conduct groundwater and
yield usable quanƟƟes of groundwater to springs and/or wells.
“Best Available Science” See ECDC 23.10.070.
“Best management pracƟces” means a system of pracƟces and management measures that are inclusive of but
not limited to:
Control soil loss and reduce water quality degradaƟon caused by nutrients, animal waste, and toxics;
Control the movement of sediment and erosion caused by land alteraƟon acƟviƟes;
Minimize adverse impacts to surface and ground water quality, flow, and circulaƟon paƩerns; and
Prevent adverse impacts to the chemical, physical, and biological characterisƟcs of criƟcal areas.
“Buffer” means the area adjacent to a criƟcal area that is required for the conƟnued maintenance, funcƟon,
and/or structural stability of the criƟcal area. Buffer widths vary depending on the relaƟve quality and sensiƟvity
of the area being protected. Buffer areas are intended to be leŌ primarily undisturbed, but may be altered in
limited circumstances when enhancement is provided to improve funcƟons and values over exisƟng condiƟons.
“Chapter” means those secƟons of this Ɵtle sharing the same third digit .
“Class” or “wetland class” means descripƟve categories of wetland vegetaƟon communiƟes within the wetlands
taxonomic classificaƟon system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979).
“Clearing” means the act of cuƫng and/or removing vegetaƟon. This definiƟon shall include grubbing vegetaƟon
and the use or applicaƟon of herbicide.
“CompensaƟon project” means an acƟon(s) specifically designed to replace project-induced criƟcal area or
buffer losses. CompensaƟon project design elements may include but are not limited to: land acquisiƟon
procedures and detailed plans including funcƟonal value assessments, detailed landscaping designs,
construcƟon drawings, and monitoring and conƟngency plans.
“Compensatory miƟgaƟon” means replacing project-induced losses or impacts to a criƟcal area such that there is
no net loss to the funcƟons and values of the criƟcal areas involved, including but not limited to acƟons involving
the creaƟon, reestablishment, rehabilitaƟon, enhancement, and/or preservaƟon of criƟcal areas, as defined in
this secƟon.
“CreaƟon” means project performed to intenƟonally establish a wetland or stream at a site where one did not
formerly exist.
“CriƟcal aquifer recharge areas (CARAs)” See Chapter 23.10.400(A) ECDC.
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“CriƟcal areas” means the following areas and ecosystems, including associated buffers: wetlands, criƟcal aquifer
recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservaƟon
areas as defined herein.
“Deleterious substances” include, but are not limited to, chemical and microbial substances, whether the
substances are in usable or waste condiƟon, that are not classified as hazardous materials per this chapter, that
have the potenƟal 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 acƟvity relaƟng to the use and/or development of land requiring a permit
or approval from the city, including, but not limited to: commercial or residenƟal building permit; binding site
plan; condiƟonal use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval;
planned residenƟal development; shoreline condiƟonal use permit; shoreline substanƟal development permit;
shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use
permit; uƟlity 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 funcƟons" are the products, physical and biological condiƟons, and environmental qualiƟes of an
ecosystem that result from interacƟons among ecosystem processes and ecosystem structures. Ecosystem
funcƟons include, but are not limited to, sequestered carbon, aƩenuated peak streamflow, aquifer water level,
reduced pollutant concentraƟons in surface and ground waters, cool summer in-stream water temperatures, and
fish and wildlife habitat funcƟons.
“Ecosystem values" are the cultural, social, economic, and ecological benefits aƩributed to ecosystem funcƟons.
“Enhancement” means an acƟon taken to improve the condiƟon and funcƟon of a criƟcal area. For
compensatory miƟgaƟon, enhancement addiƟonally means acƟons performed to improve the condiƟon of
degraded wetlands, riparian areas or streams such that the funcƟons and values they provide are increased.
“Erosion” means the process in which soil parƟcles are mobilized and transported by natural agents such as
wind, rain, frost acƟon, or stream flow.
“Erosion Hazard Areas” See ECDC 23.10.610(C).
"Fish and wildlife habitat conservaƟon area" See ECDC 23.10.700(A).
“Floodplain” See ECDC 19.07.020.
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“Footprint of exisƟng 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; paƟos.
“Frequently Flooded Areas” See ECDC 23.10.500(A).
“Geologically Hazardous Areas” See ECDC 23.10.600(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 potenƟal hazard.
“Geotechnical engineer” means a pracƟcing 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 evaluaƟon.
“Grading” means any one or a combinaƟon of excavaƟng, filling, or disturbance of that porƟon of the soil profile
which contains decaying organic maƩer.
“Habitats of local importance” See ECDC 23.10.710(B)(3).
“Hazardous materials” means any material, either singularly or in combinaƟon, that is a physical or health
hazard, whether the materials are in usable or waste condiƟon, 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 anƟcipated types and quanƟƟes 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(C)(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(C)(3), Hazardous Materials Management
Plan (HMMP).
“Hazard tree” See ECDC 17.130.020.
“Impact (to a criƟcal area or buffer)” means a net loss of values or funcƟons to a criƟcal area or its buffer.
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“In-lieu fee program” means a program which sells compensatory miƟgaƟon credits to permiƩees whose
obligaƟon to provide compensatory miƟgaƟon is then transferred to the in-lieu program sponsor, a
governmental or nonprofit natural resource management enƟty.
“Landslide Hazard Areas” See ECDC 23.10.610(D).
“MiƟgaƟon” means the use of any of the acƟons listed in ECDC 23.10.250(E) for acƟviƟes and development on
sites containing criƟcal areas, except for criƟcal area aquifer recharge areas.
“Monitoring and AdapƟve Management” means the process of monitoring, reporƟng, and improving permits,
regulaƟons, and programs to ensure the protecƟon of criƟcal areas.
“NaƟve vegetaƟon” means vegetaƟon 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. “NaƟve vegetaƟon” does
not include noxious weeds as defined by the state of Washington or Snohomish County.
“No Net Loss of CriƟcal Areas” refers to the acƟons taken to achieve and ensure no overall reducƟon in exisƟng
ecosystem funcƟons and values or the natural systems consƟtuƟng the protected criƟcal areas.
“Normal maintenance of vegetaƟon” means removal of shrubs/nonwoody vegetaƟon 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 destrucƟve, compeƟƟve or difficult to control by cultural or
chemical pracƟces, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC.
“PreservaƟon” means acƟons taken to ensure the permanent protecƟon of exisƟng wetlands and fish and
conservaƟon areas.
“Priority Habitat” means a habitat type with unique or significant value to many species. An area idenƟfied and
mapped as priority habitat has one or more of the following aƩributes: comparaƟvely high fish and wildlife
density, comparaƟvely 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 alteraƟon, and unique or dependent species.
“Priority Species” are fish and wildlife species requiring protecƟve measures and/or management acƟons to
ensure their survival. A species idenƟfied and mapped as priority species fit one or more of the following
criteria: State-listed candidate species, vulnerable aggregaƟons, and Species of recreaƟonal, commercial, and/or
Tribal importance.
“Qualified criƟcal areas consultant” or “qualified professional” means a person who has the qualificaƟons
specified herein to conduct criƟcal areas studies pursuant to this chapter, and to make recommendaƟons for
criƟcal areas miƟgaƟon. For geologically hazardous areas, the qualified criƟcal areas consultant shall be a
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geologist or engineering geologist licensed in the state of Washington to assess the potenƟal hazard. If
development is to take place within a geologically hazardous area, the qualified criƟcal areas consultant
developing miƟgaƟon plans and design shall be a professional engineer licensed in the state of Washington and
familiar with landslide and slope stability miƟgaƟon. For wetlands and fish and wildlife habitat priority areas, the
qualified criƟcal 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 criƟcal
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 enƟtled under applicable
state and federal consƟtuƟonal provisions in order to avoid a taking and/or violaƟon of substanƟve due process.
"Recharge" means the process involved in the absorpƟon and addiƟon of water from the unsaturated zone to
groundwater.
“Redeveloped land(s)” means those lands on which exisƟng structures are demolished in their enƟrety to allow
for new development. The director shall maintain discreƟon to determine if the demoliƟon of a majority of
exisƟng structures or porƟons thereof consƟtute the redevelopment of a property or subject parcel.
“Reestablished” means acƟons performed to restore processes and funcƟons to an area that was formerly a
criƟcal area; where the former criƟcal area was lost by past alteraƟons and acƟviƟes.
“RehabilitaƟon” means improving or repairing processes and funcƟons to an exisƟng criƟcal area that is highly
degraded because one or more environmental processes supporƟng the criƟcal area have been disrupted.
“RestoraƟon” means the acƟons necessary to return a stream, wetland or other criƟcal area to a state in which
its stability, funcƟons and values approach its unaltered state as closely as possible. For wetlands, restoraƟon as
compensatory miƟgaƟon may include reestablishment or rehabilitaƟon.
“Riparian management zone” See ECDC 23.10.710(B)(8).
“Seismic Hazard Areas” See ECDC 23.10.610(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 sorƟng of sediments, of the passage of water. The channel or bed need not contain water
year-round. This definiƟon is not meant to include irrigaƟon ditches, canals, storm or surface water runoff
devices (drainage ditches) or other enƟrely arƟficial watercourses unless they are used by salmonids or used to
convey streams naturally occurring prior to construcƟon of such watercourse.
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“Underground injecƟon control well” means as defined in Chapter 173-218 WAC and associated guidance
documents.
“Undeveloped land(s)” means land(s) on which manmade structures or land modificaƟons (clearing, grading,
etc.) do not exist. The director retains discreƟon to idenƟfy undeveloped land(s) in those instances where
historical modificaƟons and structures may have existed on a property or subject parcel in the past. “Wellhead
protecƟon area (WHPA)” means protecƟve areas associated with public drinking water sources established by
water systems and approved or assigned by the state Department of Health.
“Wetland funcƟons” means those natural processes performed by wetlands, such as facilitaƟng food chain
producƟon; providing habitat for nesƟng, rearing and resƟng sites for aquaƟc, terrestrial or avian species;
maintaining the availability and quality of water; acƟng as recharge and/or discharge areas for ground water
aquifers; and moderaƟng surface water and stormwater flows.
“Wetland miƟgaƟon bank” means a site where wetlands are restored, created, enhanced, or in excepƟonal
circumstances, preserved expressly for the purpose of providing compensatory miƟgaƟon in advance of
authorized impacts to similar resources.
“Wetlands” See ECDC 23.10.300(A).
23.10.040 ProtecƟon of criƟcal areas.
Any acƟon taken pursuant to this chapter shall result in equivalent or greater funcƟons and values of the criƟcal
areas associated with the proposed acƟon, as determined by the best available science, including the
consideraƟon of climate change impacts such as increased flooding, sea level rise, extreme heat, drought,
wildfire risk, and shiŌing habitat condiƟons. All acƟons and developments shall be designed and constructed in
accordance with ECDC 23.10.250(E), MiƟgaƟon 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 acƟons to miƟgate potenƟal impacts will be allowed. No acƟvity or use shall be
allowed that results in a net loss of the funcƟons or values of criƟcal areas or their buffers now or under
projected future climate condiƟons.
23.10.050 Applicability, idenƟficaƟon, inventory, mapping.
A. Compliance. No permit or authorizaƟon may be issued to alter land, water, vegetaƟon, or to construct or
modify any structure or improvement without first meeƟng the requirements of this chapter.
B. CriƟcal areas regulated by this chapter include:
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Wetlands as designated in ArƟcle I: Wetlands;
CriƟcal aquifer recharge areas as designated in ArƟcle II: CriƟcal Aquifer Recharge Areas;
Frequently flooded areas as designated in ArƟcle III: Frequently Flooded Areas;
Geologically hazardous areas as designated in ArƟcle IV: Geologically Hazardous Areas; and
Fish and wildlife habitat conservaƟon areas as designated in ArƟcle V: Fish and Wildlife Habitat
ConservaƟon Areas.
C. CriƟcal areas maps. The City’s criƟcal area map is for reference only and is intended to help idenƟfy potenƟal
criƟcal areas on a site. A site-specific invesƟgaƟon is required prior to any alteraƟon to confirm the presence
or absence of criƟcal areas. The department will maintain and update criƟcal area maps as new informaƟon
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;
NaƟonal Wetlands Inventory maps;
Washington Department of Fish and Wildlife Priority Habitat and Species maps;
Other City-adopted criƟcal area maps, including CriƟcal Aquifer Recharge Areas and Geologically
SensiƟve Areas maps.
D. All areas within the city of Edmonds meeƟng the definiƟon of one or more criƟcal areas are hereby
designated criƟcal areas and are subject to the provisions of this chapter.
E. Areas Adjacent to CriƟcal Areas Subject to RegulaƟon. Areas adjacent to criƟcal areas shall be considered
within the jurisdicƟon of these requirements and regulaƟons to support the intent of this chapter and
ensure protecƟon of the funcƟons and values of criƟcal areas.
F. PotenƟal Downstream Impacts on Type F streams. Areas located within a watershed that drains to a Type F
stream may be subject to addiƟonal review under this chapter when a proposed acƟvity has the potenƟal to
affect the funcƟons or values of the downstream Type F stream or its associated habitat. The director may
require criƟcal area reports, miƟgaƟon, or best management pracƟces only to the extent necessary to
evaluate and address such potenƟal impacts.
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23.10.060 General provisions.
A. RelaƟonship to Other RegulaƟons. The provisions of this chapter shall apply as an overlay and in addiƟon to
zoning, site development, stormwater management, building and other regulaƟons adopted by the city of
Edmonds. Where this chapter imposes more protecƟve requirements for the environment, the requirements
of this chapter shall prevail.
B. SEPA Compliance. These criƟcal areas regulaƟons 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 Ɵtle chapter does not consƟtute compliance with other federal, state,
and local regulaƟons and permit requirements that may be required (for example, shoreline substanƟal
development permits, Hydraulic Permit Act (HPA) permits, SecƟon 106 of the NaƟonal Historic PreservaƟon
Act, U.S. Army Corps of Engineers SecƟon 404 permits, and NaƟonal PolluƟon Discharge EliminaƟon System
permits). The applicant is responsible for complying with these requirements, apart from the process
established in this chapter.
D. If applicaƟon of this chapter would deny all reasonable use of a subject property, the owner may apply for a
reasonable use variance pursuant to 23.10.280(A)(2).
23.10.070 Use of Best available science, monitoring, and adapƟve management.
A. Best available science (BAS).
1. Protect FuncƟons and Values of CriƟcal Areas. CriƟcal areas reports and decisions to alter criƟcal
areas shall rely on the BAS to protect the funcƟons and values of criƟcal areas, and must give special
consideraƟon to conservaƟon or protecƟon 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 scienƟfic informaƟon applicable
to the criƟcal area prepared by local, state, or federal natural resource agencies, a qualified scienƟfic
professional, or a team of qualified scienƟfic professionals that is consistent with criteria established
in WAC 365-195-900 through 365-195-925 and RCW 36.70A.172.
3. CharacterisƟcs of a Valid ScienƟfic Process. In the context of criƟcal areas protecƟon, a valid scienƟfic
process is one that produces reliable informaƟon useful in understanding the consequences of a
local government’s regulatory decisions, and in developing criƟcal areas policies and development
regulaƟons that will be effecƟve in protecƟng the funcƟons and values of criƟcal areas. To determine
whether informaƟon received during the permit review process is reliable scienƟfic informaƟon, the
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director shall determine whether the source of the informaƟon displays the characterisƟcs of a valid
scienƟfic process. Such characterisƟcs are as follows:
a. Peer Review. The informaƟon has been criƟcally reviewed by other persons who are
qualified scienƟfic experts in that scienƟfic discipline. The proponents of the informaƟon
have addressed the criƟcism of the peer reviewers. PublicaƟon in a refereed scienƟfic
journal usually indicates that the informaƟon has been appropriately peer-reviewed;
b. Methods. The methods used to obtain the informaƟon are clearly stated and reproducible.
The methods are standardized in the perƟnent scienƟfic 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 assumpƟons supported by other studies and consistent with the general theory
underlying the assumpƟons. The conclusions are logically and reasonably derived from the
assumpƟons and supported by the data presented. Any gaps in informaƟon and
inconsistencies with other perƟnent scienƟfic informaƟon are adequately explained;
d. QuanƟtaƟve Analysis. The data have been analyzed using appropriate staƟsƟcal or
quanƟtaƟve methods;
e. Context. The informaƟon is placed in proper context. The assumpƟons, analyƟcal
techniques, data, and conclusions are appropriately framed with respect to the prevailing
body of perƟnent scienƟfic knowledge; and
f. References. The assumpƟons, analyƟcal techniques, and conclusions are well referenced
with citaƟons to relevant, credible literature and other perƟnent exisƟng informaƟon.
4. NonscienƟfic InformaƟon. NonscienƟfic informaƟon, such as anecdotal observaƟons, nonexpert
opinion, and local knowledge, may supplement scienƟfic informaƟon, but it is not a subsƟtute for
valid and available scienƟfic informaƟon.
5. Absence of Valid ScienƟfic InformaƟon. When valid or complete scienƟfic informaƟon is lacking, and
this results in uncertainty about the risk a proposed acƟvity may pose to the funcƟons and values of
a criƟcal area, the director shall:
a. Take a “precauƟonary or a no-risk approach” that strictly limits development and land use
acƟviƟes unƟl the uncertainty is sufficiently resolved; and
b. Require applicaƟon of an effecƟve adapƟve management program that relies on scienƟfic
methods to evaluate how well regulatory and nonregulatory acƟons protect the criƟcal area.
An adapƟve management program is a formal and deliberate scienƟfic approach to taking
acƟon and obtaining informaƟon in the face of uncertainty.
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E. Monitoring and adapƟve management program. The City may use adapƟve management to support the
ongoing protecƟon of criƟcal areas. AdapƟve management is a science-based approach that incorporates
new informaƟon, monitors outcomes, and adjusts management strategies when needed to beƩer achieve
intended funcƟons and values. The specific methods, procedures, and tools used in adapƟve management
may vary over Ɵme and will be determined administraƟvely, consistent with the general principles outlined
in this chapter.
23.10.080 Allowed acƟviƟes and exempƟons.
A. Purpose. The purpose of this secƟon is to idenƟfy acƟviƟes that may occur within criƟcal areas and their
buffers, with or without a criƟcal areas report.
B. Applicability. AcƟviƟes allowed without a criƟcal areas report are limited to those that, when implemented
using appropriate best management pracƟces, will not result in a net loss of criƟcal area funcƟons or values.
All other acƟviƟes require review under this chapter. Unless otherwise specified, acƟviƟes allowed under this
secƟon may sƟll require permits or approvals under other chapters of the Edmonds Community
Development Code or applicable state or federal law.
C. Best Management PracƟces (BMPs). All allowed acƟviƟes shall be conducted using the BMPs. The director
may require field inspecƟon to confirm the use of BMPs. Any incidental damage to a criƟcal area shall be
restored or miƟgated at the responsible party’s expense.
D. Allowed AcƟviƟes – No CriƟcal Area Report Required. The following acƟviƟes are allowed and do not require
preparaƟon of a criƟcal area report:
1. Allowed AcƟviƟes within CriƟcal Areas and Buffers.
2. Minor Structural ModificaƟons. Maintenance, repair, or modificaƟon of a legally established
structure that does not increase its footprint, alter a criƟcal area or buffer, or increase hazard risk to
life or property.
3. Minor Site InvesƟgaƟve Work. AcƟviƟes necessary for permit submiƩal, including surveys, soil logs,
percolaƟon tests, hand-dug test pits, and similar non-intrusive work, provided disturbed areas are
restored immediately and no lasƟng impacts occur.
4. Minor UƟlity Projects. UƟlity projects acƟviƟes that:
a. Have no pracƟcal alternaƟve with less impact;
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b. Are limited to the placement of poles, signs, anchors, or vaults, or similar other small uƟlity
components; and
c. Disturb no more than 75 square feet.
5. AcƟviƟes in Improved Right-of-Way. InstallaƟon, repair, replacement, or modificaƟon of uƟliƟes
within the improved porƟon of the public right-of-way or a city-approved private roadway, provided
the acƟvity:
a. Does not alter a wetland or watercourse; and
b. Does not increase sediment or stormwater discharge.
6. NavigaƟonal Aids and Boundary Markers. InstallaƟon or modificaƟon of navigaƟonal aids and
boundary markers.
7. Select VegetaƟon Removal AcƟviƟes. The following vegetaƟon removal acƟviƟes 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-naƟve plants and noxious weeds for the purpose of habitat
maintenance or restoraƟon when the area of work is restricted to under 1,500 square feet in
area per year.
c. VegetaƟon removal for habitat protecƟon or restoraƟon in wetlands or fish and wildlife
habitat conservaƟon areas may exceed the 1,500-square-foot limit when the work is
proposed and managed by a qualified nonprofit or similar organizaƟon approved by the City
or another agency with jurisdicƟon, and is supported by a City-approved proposal describing
the project scope and locaƟon, providing appropriate supervision, and including a
monitoring and inspecƟon schedule acceptable to the City.
d. Hazardous Trees. The removal of hazard trees within criƟcal areas and their buffers may be
approved by the director, provided the trees are documented as hazardous and the
following condiƟons are met:
i. DocumentaƟon and review. Prior to any tree cuƫng, the applicant shall submit a report
from an ISA-cerƟfied arborist documenƟng that the tree presents a high or extreme risk
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using a Level 2 ISA Tree Risk Assessment. The report shall include a replanƟng schedule
consistent with an approved restoraƟon plan.
ii. Tree Pruning or Removal Methods. Tree cuƫng shall be limited to pruning or crown
thinning necessary to remove the hazard, unless an ISA-cerƟfied 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 enƟrely. If removal to a
stump is required, tree roots shall remain intact and undisturbed.
iii. 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 wriƩen City
approval. Within 14 days of such acƟon, the landowner shall submit to the director: (a) a
report from an ISA- or ASCA-cerƟfied arborist documenƟng the hazard and (b) a
restoraƟon plan demonstraƟng compliance with this secƟon.
iv. Tree Replacement. Any enƟty, including public uƟliƟes, removing a hazard tree shall
replace it at a raƟo of two replacement trees for each tree removed (2:1) within one
year, in accordance with an approved restoraƟon plan. Replacement trees shall be naƟve
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 replanƟng in the same locaƟon would
create a new hazard or impact the criƟcal area, replacement may occur in a nearby
locaƟon.
v. Hazardous trees that provide criƟcal habitat. If a hazardous tree provides criƟcal habitat
(e.g., an eagle or heron nest), a qualified wildlife biologist shall be consulted to
determine appropriate Ɵming, removal methods, and other agency permiƫng to
minimize impacts.
vi. VegetaƟon removal. All vegetaƟon removed (e.g., stems, branches) shall remain within
the criƟcal 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.
vii. Hazardous trees that do not pose an imminent risk. In advance of any cuƫng, the
applicant submits a report to the City from an ISA-cerƟfied arborist that documents the
hazard as a high- or extreme risk using Level 2 ISA Tree Risk Assessment and provides a
replanƟng schedule for the replacement trees.
viii. Prohibited vegetaƟon removal. Except as provided above or as part of an approved
alteraƟon, the removal of vegetaƟon or woody debris from a fish and wildlife habitat
conservaƟon area or wetland is prohibited.
8. Pedestrian Trails. ConstrucƟon of new pedestrian-only trails located in the outer 25 percent of a
wetland buffer, riparian management zone, or other criƟcal area buffer when:
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a. No feasible alternaƟve exists;
b. Constructed of pervious materials;
c. Limited to five feet in width;
d. Avoids removal of significant trees.
Raised boardwalks uƟlizing nontreated pilings may be used where necessary.
9. InstallaƟon of fences in geologically hazardous areas that do not require grading or structural
foundaƟons. Fence posts shall be installed using hand tools that do not alter slope stability or impact
criƟcal area funcƟons.
D. Allowed AcƟviƟes – CriƟcal Areas Report Required. The following acƟviƟes may occur in criƟcal areas or
buffers with preparaƟon of a criƟcal area report demonstraƟng consistency with this chapter:
1. Wetland - Buffer Uses.
a. ConservaƟon, restoraƟon, or preservaƟon acƟviƟes required as miƟgaƟon.
b. Passive recreaƟon faciliƟes, 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 jusƟfied.
c. Stormwater conveyance and dispersion faciliƟes within the outer 25 percent of buffers for
Category III and IV wetlands only, consistent with ECDC 18.30, Stormwater Management,
including Minimum Requirement No. 8, Wetland ProtecƟon.
2. Geologically Hazardous Areas - Seismic Hazard Areas.
a. ConstrucƟon of non-residenƟal 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. AddiƟons to exisƟng single-story residences that are 250 square feet or less.
3. Fish and wildlife habitat conservaƟon areas – Riparian Management Zones. The following uses may
be permiƩed 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. AŌer 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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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. VegetaƟve edges, structural barriers, signs
or other measures must be provided wherever necessary to protect streams by restricƟng
vehicular access to designated public use or interpreƟve areas.
E. ExempƟons.
1. ExempƟon Request and Review Process. The proponent of the acƟvity may submit a wriƩen request for
exempƟon to the director that describes the acƟvity and states the exempƟon listed in this secƟon that
applies.
The director shall review the exempƟon request to verify that it complies with this chapter and approve
or deny the exempƟon. If the exempƟon is approved, it shall be placed on file with the city of Edmonds.
If the exempƟon is denied, the proponent may conƟnue in the review process and shall be subject to the
requirements of this chapter.
2. Exempt AcƟviƟes and Impacts to CriƟcal Areas. All exempted acƟviƟes shall avoid impacts to criƟcal
areas. To be exempt from this chapter does not give permission to degrade a criƟcal area or ignore risk
from natural hazards. Any incidental damage to, or alteraƟon of, a criƟcal area associated with the
exempted acƟvity shall be subject to the miƟgaƟon requirements and sequencing in 23.10.250 ECDC at
the responsible party’s expense.
3. Exempt AcƟviƟes. The following development, acƟviƟes, 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 acƟviƟes necessary to prevent an immediate threat to public health,
safety, or welfare, or that pose an immediate risk of damage to private property and that
require remedial or preventaƟve acƟon in a Ɵme frame too short to allow for compliance
with the requirements of this chapter.
i. Emergency acƟons that create an impact to a criƟcal area or its buffer shall use
reasonable methods to address the emergency; in addiƟon, they must have the least
possible impact to the criƟcal area or its buffer. The person or agency undertaking such
acƟon shall noƟfy the director within one working day following commencement of the
emergency acƟvity. Within 30 days, the director shall determine if the acƟon taken was
within the scope of the emergency acƟons allowed in this subsecƟon. If the director
determines that the acƟon taken, or any part of the acƟon taken, was beyond the scope
of an allowed emergency acƟon, then enforcement provisions of ECDC 23.10.110,
Unauthorized criƟcal area alteraƟons and enforcement, shall apply.
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ii. AŌer the emergency, the person or agency undertaking the acƟon shall fully fund and
conduct necessary restoraƟon and/or miƟgaƟon for any loss to the funcƟons and values
of the criƟcal area and its buffers resulƟng from the emergency acƟon in accordance
with an approved criƟcal areas report and miƟgaƟon plan. Within 30 days aŌer an
emergency acƟon that impacts a criƟcal area, the person or agency undertaking the
acƟon shall submit a criƟcal area report, and miƟgaƟon plan for review and approval by
the director in accordance with the review procedures contained herein. RestoraƟon
and/or miƟgaƟon acƟviƟes must be iniƟated within one year of the date of the
emergency and completed in a Ɵmely manner.
b. OperaƟon, Maintenance, or Repair. OperaƟon, maintenance, or repair of exisƟng structures,
infrastructure improvements, uƟliƟes, public or private roads, dikes, levees, or drainage
systems that do not require a construcƟon permit, are exempt, provided that:
i. The acƟvity does not further alter, encroach upon, or impact the criƟcal area or buffer.
ii. The acƟvity does not result in a net loss to the criƟcal area or buffer funcƟons or values
iii. The acƟvity does not increase the risk to life or property.
iv. When operaƟon and maintenance requires removal of naƟve vegetaƟon, it shall be
limited the minimum necessary to complete the work.
c. Passive Outdoor AcƟviƟes. RecreaƟon, educaƟon, and scienƟfic research acƟviƟes that do
not degrade the criƟcal area, including fishing, hiking, and bird watching.
d. ModificaƟons to ExisƟng Structures within CriƟcal Areas and/or Buffers. ModificaƟon to a
legally constructed structure exisƟng within a criƟcal area or buffer shall be allowed when
the modificaƟon:
i. Does not increase the footprint of the structure; and
ii. Does not increase the impact to a the criƟcal area or buffer; and
iii. Does not increase risk to life or property as a result of the proposed modificaƟon or
replacement.
This provision shall be interpreted to supplement the provisions of the Edmonds Community
Development Code relaƟng to nonconforming structures in order to permit the full
reconstrucƟon of a legal nonconforming building within its footprint.
e. Development Proposals within Riparian Management Areas funcƟonally isolated from
Riparian Management Zones. Streams, or Wetlands. Adjacent areas that are funcƟonally
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isolated from a riparian management zone, stream, or wetland due to exisƟng legally
established structures or paved areas may be exempted from the riparian management
zones widths or wetland buffers if proven scienƟfically to be funcƟonally isolated from the
stream or wetland. The director will require the applicant to provide a site assessment
criƟcal areas report, prepared in accordance with ECDC 23.10.210, that includes a funcƟonal
analysis documentaƟon report by a qualified professional that demonstrates the proposed
development area is funcƟonally isolated. The director shall consider, and evaluate the
hydrologic, geologic, and/or biological habitat connecƟon potenƟal and the extent and
permanence of the physical separaƟon.
23.10.100 RestoraƟon projects.
A. When a criƟcal area restoraƟon project is proposed that includes acƟons beyond the acƟviƟes allowed per
ECDC 23.10.080, may alter or affect criƟcal areas or their buffers, and is not required as miƟgaƟon for a
development proposal, the director or hearing examiner (as applicable) may grant relief from standard
criƟcal area or their buffer requirements if:
1. The restoraƟon project is permiƩed and/or otherwise authorized by state or federal agencies having
jurisdicƟon over the proposed project acƟviƟes;
2. The restoraƟon project will result in a net increase in the funcƟons and values of the affected criƟcal
areas;
3. A copy of the restoraƟon plan, as submiƩed to the authorizing state or federal agency, is submiƩed
to the director for review and consideraƟon of any condiƟons that may be necessary to miƟgate any
negaƟve effects during the restoraƟon work.
B. The director or hearing examiner may require a buffer width necessary to ensure success and enhancement
of the values and funcƟons of the areas adjacent to the stream or wetland.
C. In determining whether to allow a deviaƟon 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 restoraƟon site.
23.10.110 Unauthorized alteraƟons and enforcement.
A. When a criƟcal area or its buffer has been altered in violaƟon of this chapter or the provisions of Chapter
7.200 ECC, all ongoing development work shall stop, and the criƟcal area shall be restored. The director shall
have the authority to issue a stop work order to cease all ongoing development work, and order restoraƟon,
rehabilitaƟon, or replacement measures at the owner’s or other responsible party’s expense to compensate
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for violaƟon of the provisions of this chapter. The director may also require an applicant or property owner
to take immediate acƟon to ensure site stabilizaƟon and/or erosion control as needed.
B. Requirement for RestoraƟon Plan. All development work shall remain stopped unƟl a restoraƟon 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 acƟons proposed meet the minimum requirements
described in subsecƟon (C) of this secƟon. The director may, 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 resubmiƩal.
C. Minimum Performance Standards for RestoraƟon. The following minimum performance standards shall be
met for the restoraƟon of a criƟcal area; provided, that if the violator can demonstrate that greater
funcƟonal and habitat values can be obtained, these standards may be modified.
1. For unauthorized alteraƟons to frequently flooded areas, wetlands, and fish and wildlife habitat
conservaƟon areas:
a. The historic structural and funcƟonal values shall be restored, including water quality and
habitat funcƟons;
b. The historic soil types and configuraƟon shall be replicated;
c. The criƟcal area and buffers shall be replanted with naƟve vegetaƟon that replicates the
vegetaƟon historically found on the site in species types, sizes, and densiƟes.
d. The historic funcƟons and values shall be replicated at the locaƟon of the alteraƟon; and
e. InformaƟon demonstraƟng compliance with the requirements in ECDC 23.10.250, MiƟgaƟon
plan requirements, shall be submiƩed to the City.
2. For alteraƟons 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 resulƟng from the alteraƟon shall be eliminated or minimized;
and
c. The hazard area and buffers shall be replanted with naƟve vegetaƟon sufficient to minimize
the hazard.
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3. Site InvesƟgaƟons. The director is authorized to make site inspecƟons and take such acƟons as are
necessary to enforce this chapter. The director shall present proper credenƟals and make a reasonable
effort to contact any property owner before entering onto private property.
4. PenalƟes. Any person, party, firm, corporaƟon, or other legal enƟty convicted of violaƟng any of the
provisions of this chapter shall be guilty of a misdemeanor and subject to penalƟes not to exceed a
square footage cost of $10.00 per square foot of impacted criƟcal area and criƟcal area buffer and/or a
per tree penalty consistent with ECDC 17.130.100(C). Any development carried out contrary to the
provisions of this chapter shall consƟtute a public nuisance and may be enjoined as provided by the
statutes of the state of Washington. The city of Edmonds may levy civil penalƟes against any person,
party, firm, corporaƟon, or other legal enƟty for violaƟon 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 criƟcal area or its buffer may, at the direcƟon of the director,
be required to be delineated with signage, fencing, or other markers as necessary to prevent
unauthorized disturbance and protect criƟcal area funcƟons and values.
2. The director may modify these requirements to ensure protecƟon of sensiƟve features or wildlife
needs.
3. All signs and fencing required under this secƟon 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 alteraƟon, the outer boundary of the criƟcal 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 construcƟon and may be subject to inspecƟon
by the director.
3. Temporary markers shall remain in place unƟl any required permanent signs or fencing are installed.
C. Permanent Signs.
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1. As a condiƟon of any permit or authorizaƟon issued under this chapter, the director may require the
installaƟon of permanent signs along the boundary of a criƟcal 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 alternaƟve language approved by the director:
Protected [CriƟcal Area Type] Area
Do Not Disturb
Contact the City of Edmonds
Regarding Uses and RestricƟons
D. Permanent fencing.
1. The director may require permanent fencing along the outer edge of a criƟcal area buffer when
necessary to protect the area’s funcƟons 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, mulƟfamily, mixed-use, or
commercial projects;
b. Parks where adjacent uses involve acƟve recreaƟon;
c. Where domesƟc grazing animals are present or may be introduced on site; or
d. Where buffer averaging or reducƟons are approved.
4. Breaks in fencing may be permiƩed for access to approved buffer uses.
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23.10.130 NoƟce on Ɵtle.
A. NoƟce on Title. The owner of any property with field-verified presence of criƟcal areas and/or criƟcal areas
buffers, except criƟcal aquifer recharge areas, for which a permit applicaƟon is submiƩed shall, as a
condiƟon of permit issuance, record a noƟce of the existence of such criƟcal area and/or criƟcal area buffer
against the property with the Snohomish County auditor’s office. The noƟce shall be approved by the
director and the city aƩorney for compliance with this provision. The Ɵtleholder will have the right to
challenge this noƟce and to have it released if the criƟcal area designaƟon no longer applies; however, the
Ɵtleholder shall be responsible for compleƟng a criƟcal areas report, subject to approval by the director,
before the noƟce on Ɵtle 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 criƟcal
area or their buffers. In addiƟon to other allowances provided by this chapter, the following may be allowed
in the building setback area from a criƟcal 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 paƟos; provided, that such improvements may be
subject to water quality regulaƟons as adopted in the current ediƟons of the InternaƟonal ResidenƟal Code
and InternaƟonal Building Code, as adopted in ECDC Title 19.
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CriƟcal Area Review Procedures
23.10.200 CriƟcal area review sequence.
A. Purpose. The purpose of this secƟon is to establish a clear and consistent review sequence for proposals
requiring a criƟcal areas report. The review process ensures that potenƟal impacts are idenƟfied early,
appropriate studies and miƟgaƟon measures are applied, and projects comply with the requirements of this
chapter. The sequence is intended to:
1. IdenƟfy criƟcal areas and potenƟal hazards;
2. Determine applicable standards and required reports;
3. Evaluate miƟgaƟon measures; and
4. Confirm the proposal is consistent with other applicable regulaƟons and standards prior to project
approval.
B. Prior to any alteraƟon or development acƟvity.
1. DeterminaƟon of the presence of criƟcal areas. A property owner, or an authorized representaƟve, must
submit a criƟcal area checklist form through the City’s permiƫng system. Staff will review the checklist,
conduct a site visit, and determine whether there are criƟcal areas and/or criƟcal area buffers on or near
the site. CriƟcal area determinaƟons are valid for a period of five years, except when recent events or
updates to best available science jusƟfy a new criƟcal areas determinaƟon.
2. CriƟcal Areas Report Required. If criƟcal areas or their buffers are found, a criƟcal areas report
addressing the applicable criƟcal area requirements of this chapter is required if the proposed acƟvity
impacts criƟcal areas or their buffers. The report shall:
a. Address miƟgaƟon sequencing in accordance with ECDC 23.10.250(E); and
b. Meet all requirements for criƟcal areas reports set forth in ECDC 23.10.210.
C. OpƟonal Pre-applicaƟon ConsultaƟon.
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-applicaƟon meeƟng with the director prior to applying for development
or other approval. At this meeƟng, the director shall discuss the requirements of this chapter; provide
criƟcal areas maps, scienƟfic informaƟon, and other source materials; outline the review process; and
work with the acƟvity proponent to idenƟfy any potenƟal concerns that might arise during the review
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process, in addiƟon to discussing other permit procedures and requirements. All applicants, regardless
of parƟcipaƟon in a preapplicaƟon meeƟng, are held fully responsible for knowledge and disclosure of
criƟcal areas on, adjacent to, or associated with a subject parcel and full compliance with the specific
provisions and goals, purposes, objecƟves, and requirements of this chapter.
D. ApplicaƟon review and preliminary decision. The director shall review the applicaƟon materials for
compliance with the requirements of this chapter and issue a preliminary CriƟcal Areas NoƟce of Decision as
follows:
1. Favorable decision. Issued when the director determines that the proposed acƟvity either avoids impacts
to the criƟcal area altogether or complies with the provisions of this chapter. Any condiƟons of the
preliminary CriƟcal Areas NoƟce of Decision shall be included in said noƟce, aƩached to the underlying
permit file, and be considered during the next phase of review in accordance with any other applicable
codes or regulaƟons. Any subsequent changes to the proposed acƟvity that conflict with the condiƟons
set forth in the noƟce 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 acƟvity is not exempt or
does not adequately miƟgate its impact on criƟcal areas and/or does not comply with the criteria in
ECDC 23.10.230(C), Review criteria, and the provisions of this chapter. No proposed acƟvity or permit
shall be approved or issued if the impact to criƟcal areas is not avoided, miƟgated, and/or comply with
the requirements of this chapter.
E. ReconsideraƟon of an unfavorable decision. Following noƟce of decision that the proposed acƟvity does not
meet the review criteria and/or does not comply with the applicable provisions of this chapter, the applicant
may request consideraƟon of a revised criƟcal area report. If the revision is found to be substanƟal and
relevant to the criƟcal area review, the director may reopen the criƟcal area review and make a new decision
based on the revised report.
F. Public noƟce. When the underlying permit type requires public noƟce under ECDC 20.01.003, the
preliminary CriƟcal Areas NoƟce of Decision, including any condiƟons of a favorable decision, shall be
included in any NoƟce of ApplicaƟon required pursuant to 20.03.002 ECDC, NoƟce of ApplicaƟon. The
director shall provide opportunity for public comment on the NoƟce of Decision as to whether the proposed
acƟvity and miƟgaƟon, if any, is consistent with the provisions of this chapter.
G. CompleƟon of the criƟcal areas review. The director’s decision regarding criƟcal areas pursuant to this
chapter shall be final, concurrent with the final project decision to approve, condiƟon, or deny the
development proposal or other acƟvity involved.
23.10.210 CriƟcal areas report requirements - General.
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A. PreparaƟon by Qualified Professional. The applicant shall submit a criƟcal areas report prepared by a
qualified professional as defined in ECDC 23.10.030.
B. Independent Review of CriƟcal Areas Reports. CriƟcal areas studies and reports on geologically hazardous
areas and those developed by an applicant representaƟve 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 objecƟve technical assistance in evaluaƟng the accuracy of submiƩed
reports and/or the effects on criƟcal 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 Ɵmely manner. This requirement may be selecƟvely
waived at the discreƟon of the director, provided the applicable qualified professional for the project
provides wriƩen concurrence, determinaƟon, details, facts and/or data that individual site condiƟons
warrant an exempƟon from outside peer review.
C. Best Available Science. The criƟcal areas report shall use scienƟfically valid methods and studies in the
analysis of criƟcal areas data and field reconnaissance and reference the source of science used. The criƟcal
areas report shall evaluate the proposal and all probable impacts to criƟcal areas in accordance with the
provisions of this chapter.
D. Minimum CriƟcal Area Report Contents. At a minimum, the report shall contain the following:
1. The name and contact informaƟon of the applicant, a descripƟon of the proposal, and idenƟficaƟon
of the permit requested;
2. A copy of the site plan for the development proposal including:
a. A map to scale depicƟng criƟcal areas, buffers, the development proposal, and any areas to
be cleared;
b. A descripƟon of the proposed stormwater management plan for the development and
consideraƟon of impacts to drainage alteraƟons;
c. The site plan shall idenƟfy and locate all vegetaƟon of six inches DSH or larger;
3. The dates, names, and qualificaƟons of the persons preparing the report and documentaƟon of any
fieldwork performed on the site;
4. IdenƟficaƟon and characterizaƟon of all criƟcal areas, wetlands, water bodies, shorelines, and
buffers within 200 feet of the proposed project area;
5. A descripƟon of efforts made to apply miƟgaƟon sequencing pursuant to ECDC 23.10.250(E), to
avoid, minimize, and miƟgate impacts to criƟcal areas. DemonstraƟon of avoidance of impacts must
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include, where applicable: alternaƟve building locaƟons on the property; adjustments to the project
footprint and orientaƟon; and/or alternate building design;
6. A statement specifying the accuracy of the report and all assumpƟons made and relied upon;
7. A descripƟon of the methodologies used to conduct the criƟcal areas study, including references;
8. Plans for adequate miƟgaƟon, as needed to offset any criƟcal areas impacts, in accordance with the
miƟgaƟon plan requirements in ECDC 23.10.250(F); and
9. An evaluaƟon of the funcƟons and values of affected criƟcal areas at a scale appropriate to the
funcƟons being assessed. The evaluaƟon shall consider interrelated ecosystems and processes that
may extend beyond parcel boundaries, including watershed- or regional-scale influences, where
relevant to maintaining overall ecological funcƟon.
E. Supplemental InformaƟon. A criƟcal areas report may incorporate, be supplemented by or composed, in
part, of any reports or studies required by other laws and regulaƟons or previously prepared for and
applicable to the development proposal site, as approved by the director. At the discreƟon of the director,
reports previously compiled or submiƩed as part of a proposal for development may be used as a criƟcal
areas report to the extent that the requirements of this secƟon and the report requirements for each
specific criƟcal area type are met.
F. ExpiraƟon. CriƟcal areas reports shall be considered valid for five years, except when recent events or
updates to best available science jusƟfy a new report; aŌer such date the city shall determine whether a
revision or addiƟonal assessment is necessary.
G. ModificaƟons to requirements.
1. LimitaƟons to Study Area. The director may limit the required geographic area of the criƟcal areas
report as appropriate if:
a. The applicant, with assistance from the city of Edmonds, cannot obtain permission to access
properƟes adjacent to the project area; or
b. The proposed acƟvity will affect only a limited part of the subject site.
2. ModificaƟons to Required Contents. The applicant may consult with the director prior to or during
preparaƟon of the criƟcal areas report to obtain approval of modificaƟons to the required contents
of the report where, in the judgment of a qualified professional, a modificaƟon to the required
contents is required to adequately address the potenƟal criƟcal area impacts and required
miƟgaƟon.
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3. AddiƟonal InformaƟon Requirements. In addiƟon to the requirements in ECDC 23.10.210, the
director may require addiƟonal informaƟon to be included in the criƟcal areas report when
determined to be necessary to review the proposed acƟvity in accordance with this chapter.
AddiƟonal informaƟon that may be required includes, but is not limited to:
a. Historical data, including original and subsequent mapping, aerial photographs, data
compilaƟons and summaries, and available reports and records relaƟng to the site or past
operaƟons at the site;
b. Grading and drainage plans; and
c. InformaƟon specific to the type, locaƟon, and nature of the criƟcal area.
23.10.220 CriƟcal areas report requirements – Specific to criƟcal area types.
A. In addiƟon to the general criƟcal areas report requirements of ECDC 23.10.210, criƟcal areas reports for
specific criƟcal area types must meet the requirements of this secƟon, as applicable. CriƟcal areas reports for
two or more types of criƟcal areas must meet the report requirements for each relevant type of criƟcal area.
B. Wetlands - AddiƟonal CriƟcal Areas Report Requirements.
1. CriƟcal areas report requirements for wetlands may be met in “stages” or through mulƟple reports.
The typical sequence of potenƟally required reports that may in part or in combinaƟon fulfill the
requirements of this secƟon include:
a. Wetland reconnaissance report documenƟng the existence and general locaƟon of wetlands
in the vicinity of a project area;
b. Wetland delineaƟon report documenƟng the extent and boundary of a jurisdicƟonal
wetland per RCW 36.70A.175; and
c. Wetland miƟgaƟon report documenƟng potenƟal wetland impacts and miƟgaƟon measures
designed to retain or increase the funcƟons and values of a wetland in accordance with the
general provisions of this chapter.
2. A wetland criƟcal areas report may include one or more of the above three report types, depending on
the informaƟon required by the director and the extent of potenƟal wetland impacts. The director
maintains the authority and discreƟon to determine which report(s), alone or combined, are sufficient
to meet the requirements outlined below and to waive report requirements based upon site condiƟons
and the potenƟal for project impacts.
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3. Area Addressed in CriƟcal Area Report - Wetlands. In addiƟon to the requirements in ECDC
23.10.210(D), the following areas shall be addressed in a criƟcal area report for wetlands:
a. The project area of the proposed acƟvity;
b. A descripƟon of the data collecƟon methodology, including the date(s) of data collecƟon, the
data forms used for wetland delineaƟon, and a map idenƟfying data collecƟon points and
the boundaries of the delineated wetland. Wetland field data forms used for compleƟon of
wetland raƟngs shall be consistent with the Washington State Wetland RaƟng 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 criƟcal areas,
and related buffers within 200 feet of the project area. The locaƟon and extent of wetlands
and other criƟcal areas exisƟng outside of the project area or subject parcel boundary may
be shown in approximaƟon as pracƟcal and necessary to provide an assessment of potenƟal
project effects.
4. Wetland Analysis. A criƟcal areas report for wetlands shall contain an analysis of the wetlands, including
the following site- and proposal-related informaƟon at a minimum:
a. A wriƩen assessment and accompanying maps of the wetlands and buffers within 200 feet
of the project area, including the following informaƟon at a minimum:
i. Wetland delineaƟon and required buffers;
ii. ExisƟng wetland acreage;
iii. Wetland category;
iv. VegetaƟve, faunal, and hydrologic characterisƟcs;
v. Soil and substrate condiƟons;
vi. Topographic elevaƟons, at two-foot contours; and
vii. A discussion of the water sources supplying the wetland and documentaƟon of
hydrologic regime (locaƟons of inlet and outlet features, water depths throughout the
wetland, and evidence of recharge or discharge, evidence of water depths throughout
the year: driŌ lines, algal layers, moss lines, and sediment deposits).
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viii. The locaƟon, extent and analyses of wetlands not conƟguous with the subject parcel
exisƟng outside of the immediate project area may be described in approximaƟon as
pracƟcal and necessary to provide an assessment of potenƟal project effects and
hydrologic/ecological connecƟvity to on-site wetlands and other criƟcal areas.
b. A discussion of measures, including avoidance, minimizaƟon, and miƟgaƟon, proposed to
preserve exisƟng wetlands and restore any wetlands that were degraded prior to the current
proposed land use acƟvity.
c. A habitat and naƟve vegetaƟon conservaƟon strategy that addresses methods to protect and
enhance on-site habitat and wetland funcƟons.
d. FuncƟonal evaluaƟon 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 miƟgaƟon, if needed, including a wriƩen assessment and accompanying maps of
the miƟgaƟon area, including the following informaƟon at a minimum:
i. ExisƟng and proposed wetland acreage;
ii. VegetaƟve and faunal condiƟons;
iii. Surface and subsurface hydrologic condiƟons including an analysis of exisƟng and
future hydrologic regime and proposed hydrologic regime for enhanced, created, or
restored miƟgaƟon areas;
iv. RelaƟonship to the watershed and exisƟng waterbodies;
v. Soil and substrate condiƟons, topographic elevaƟons;
vi. ExisƟng and proposed adjacent site condiƟons;
vii. Required wetland buffers; and
viii. Property ownership.
f. A scale map of the development proposal site and adjacent area. A discussion of ongoing
management pracƟces that will protect wetlands aŌer the project site has been developed,
including proposed monitoring and maintenance programs.
g. A bond esƟmate for the installaƟon (including site preparaƟon, plant materials and
installaƟon, ferƟlizers, mulch, and stakes) and the proposed monitoring and maintenance
work for the required number of years.
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C. Frequently Flooded Areas - AddiƟonal CriƟcal Areas Report Requirements. CriƟcal areas reports for
frequently flooded areas must meet the requirements of this secƟon and demonstrate consistency with
ECDC 19.07, Flood Damage PrevenƟon, and the current ediƟons of the InternaƟonal ResidenƟal Code and
InternaƟonal Building Code, as adopted in ECDC Title 19.
1. Frequently Flooded Area Assessment. The report shall evaluate:
a. The site area of the proposed acƟvity;
b. All special flood hazard areas within 200 feet of the project area, as idenƟfied 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 ConstrucƟon Plans. Plans and elevaƟons consistent with the submiƩal standards of
ECDC 19.07.070, idenƟfying:
i. Regulatory floodplain and floodway boundaries, base-flood elevaƟons, and other
criƟcal-area features;
ii. ExisƟng and proposed structures, fill, material storage, uƟliƟes, drainage faciliƟes, and
clearing limits; and
iii. Finished-floor elevaƟons and proposed flood-proofing measures.
b. Watercourse AlteraƟon. Natural watercourses shall not be altered unless unavoidable. If
alteraƟon is proposed, the report shall include:
i. A plan showing the extent of alteraƟon or relocaƟon;
ii. An assessment of the watercourse’s funcƟons and habitat value, including fish-passage
potenƟal; and
iii. A maintenance program ensuring the altered or relocated segment retains its flood-
carrying capacity, consistent with ECDC 19.07.100, Watercourse AlteraƟons and
Maintenance.
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D. Geologically Hazardous Areas - AddiƟonal CriƟcal Areas Report Requirements. Geotechnical report(s) shall be
required whenever a potenƟal 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 CriƟcal Areas Report. The following areas shall be addressed in a criƟcal areas
report for geologically hazardous areas:
a. The project area of the proposed acƟvity; and
b. All geologically hazardous areas within 200 feet of the project area or that have the potenƟal
to be affected by the proposal.
2. Geological Hazards Assessment. The report shall include a field invesƟgaƟon and contain an
assessment of whether or not each type of geologic hazard idenƟfied 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 potenƟally impacted by the proposed project. If the affected area
extends beyond the subject property, the geology hazard assessment may uƟlize exisƟng
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 raƟonale as to
those conclusions based on geologic condiƟons and interpretaƟons specific to the project;
d. Provide adequate informaƟon 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 idenƟfied, in accordance with ECDC 23.10.610, provide minimum
setback recommendaƟons for avoiding the landslide or erosion hazard, other recommendaƟons 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. MiƟgaƟon of Long-Term Impacts. When hazard miƟgaƟon is required, the miƟgaƟon plan shall
specifically address how the acƟvity maintains or reduces the preexisƟng level of risk to the site and
all other properƟes potenƟally impacted on a long-term basis (equal to or exceeding the projected
lifespan of the acƟvity or occupaƟon). Proposed miƟgaƟon techniques shall be considered to provide
long-term hazard reducƟon only if they do not require regular maintenance or other acƟons to
maintain their funcƟon. MiƟgaƟon may also be required to avoid any increase in risk above the
preexisƟng condiƟons following abandonment of the acƟvity.
5. AddiƟonal Technical InformaƟon Requirements for Projects within Erosion and Landslide Hazard
Areas. In addiƟon to the basic criƟcal areas report requirements for geologically hazardous areas
provided in (1) through (4) of this secƟon, technical informaƟon for any development within erosion
and landslide hazard areas shall meet the requirements of Chapter 19.10 ECDC and include the
following informaƟon at a minimum:
a. Site Plan. The criƟcal areas report shall include a copy of the site plan for the proposal
showing:
i. The height of slope, slope gradient, and cross-secƟon of the project area;
ii. The locaƟon of springs, seeps, or other surface expressions of ground water on or within
200 feet of the project area or that have the potenƟal to be affected by the proposal;
and
iii. The locaƟon and descripƟon of surface water runoff features;
b. Hazards Analysis. The hazards analysis component of the criƟcal areas report shall
specifically include:
i. A descripƟon of the extent and type of vegetaƟve cover;
ii. A descripƟon of subsurface condiƟons based on data from site-specific exploraƟons;
iii. DescripƟons of surface and ground water condiƟons, public and private sewage disposal
systems, fills and excavaƟons, and all structural improvements;
iv. An esƟmate of slope stability and the effect construcƟon and placement of structures
will have on the slope over the esƟmated life of the structure;
v. An esƟmate of the bluff retreat rate or an esƟmate of the percent risk of landslide area
expansion that recognizes and reflects potenƟal catastrophic events such as seismic
acƟvity or a 100-year storm event;
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vi. ConsideraƟon of the run-out hazard of landslide debris and/or the impacts of landslide
run-out on downslope properƟes;
vii. A study of slope stability including an analysis of proposed cuts, fills, and other site
grading;
viii. A documented recommendaƟon for buffer size in accordance with ECDC 23.10.630. Any
buffer recommendaƟon below the minimum 15-foot requirement must be substanƟated
by the report.
ix. RecommendaƟons for building siƟng limitaƟons; and
x. An analysis of proposed surface and subsurface drainage, and the vulnerability of the
site to erosion;
c. Geotechnical Engineering Report. The technical informaƟon for a project within a landslide
hazard area shall include a geotechnical engineering report prepared by a licensed engineer
that presents engineering recommendaƟons for the following:
i. Parameters for design of site improvements including appropriate foundaƟons and
retaining structures. These should include allowable load and resistance capaciƟes for
bearing and lateral loads, installaƟon consideraƟons, and esƟmates of seƩlement
performance;
ii. RecommendaƟons for drainage and subdrainage improvements;
iii. Earthwork recommendaƟons including clearing and site preparaƟon criteria, fill
placement and compacƟon criteria, temporary and permanent slope inclinaƟons and
protecƟon, and temporary excavaƟon support, if necessary; and
iv. MiƟgaƟon of adverse site condiƟons including slope stabilizaƟon 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 discreƟon, detailed
criƟcal areas report requirements may be waived for erosion hazard areas with stable slopes. Report
requirements for stable erosion hazard areas may be met through construcƟon 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 addiƟon to the basic criƟcal areas report requirements for geologically
hazardous areas provided in (1) through (4) of this secƟon, a criƟcal areas report for a seismic hazard
area shall also meet the following requirements:
a. The hazards analysis shall include a complete discussion of the potenƟal impacts of seismic
acƟvity on the site (for example, forces generated and fault displacement).
b. A geotechnical engineering report shall evaluate the physical properƟes of the subsurface
soils, especially the thickness of unconsolidated deposits and their liquefacƟon potenƟal. If it
is determined that the site is subject to liquefacƟon, miƟgaƟon measures appropriate to the
scale of the development shall be recommended and implemented. [Ord. 4026 § 1 (AƩ. A),
2016; Ord. 3527 § 2, 2004].
E. Fish and Wildlife Habitat ConservaƟon Areas - AddiƟonal CriƟcal Areas Report Requirements. CriƟcal area
reports for fish and wildlife habitat conservaƟon areas must meet the requirements of this secƟon.
1. Areas Addressed in CriƟcal Areas Report. The following areas shall be addressed in a criƟcal areas
report for fish and wildlife habitat conservaƟon areas:
a. The project area of the proposed acƟvity;
b. All fish and wildlife habitat conservaƟon areas and recommended buffers within 200 feet of
the project area;
c. All shoreline areas, floodplains, other criƟcal areas, and related buffers within 200 feet of the
project area; and
d. A discussion of the efforts to avoid and minimize potenƟal effects to these resources and the
implementaƟon of miƟgaƟon/enhancement measures as required.
2. Habitat Assessment. A habitat assessment is an invesƟgaƟon of the project area to evaluate the
potenƟal presence or absence of designated criƟcal fish or wildlife species or habitat. A criƟcal areas
report for a fish and wildlife habitat conservaƟon area shall contain an assessment of habitats,
including the following site- and proposal-related informaƟon at a minimum:
a. Detailed descripƟon of vegetaƟon on and adjacent to the project area and its associated
buffer;
b. A descripƟon of the watershed in which the project is located;
c. IdenƟficaƟon of any species of local importance, priority species, or endangered,
threatened, sensiƟve, or candidate species that have a primary associaƟon with habitat on
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or adjacent to the project area, and assessment of potenƟal project impacts to the use of
the site by the species;
d. A discussion of any federal, state, or local special management recommendaƟons, including
Washington Department of Fish and Wildlife habitat management recommendaƟons, that
have been developed for species or habitats located on or adjacent to the project area.
3. AddiƟonal Technical InformaƟon Requirements for Streams and Riparian Management Zones. CriƟcal
area report requirements may be met, at the discreƟon 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(D)(2)
to reduce the required width of the riparian management zone, or as part of project
miƟgaƟon required by the director, a riparian management zone enhancement plan may be
submiƩed to fulfill the requirements of this secƟon.
b. If no project impacts are anƟcipated and riparian management zone widths are retained, a
stream survey report, general criƟcal areas report or other reports alone or in combinaƟon
may be submiƩed as consistent with the specific requirements of this secƟon.
4. In addiƟon to the basic criƟcal areas report requirements for fish and wildlife habitat conservaƟon
areas provided in subsecƟons (1) through (2) of this secƟon, technical informaƟon on streams shall
include the following informaƟon at a minimum:
a. A wriƩen assessment and accompanying maps of the stream and associated hydrologic
features within 200 feet of the project area, including the following informaƟon 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. VegetaƟve, faunal, and hydrologic characterisƟcs;
v. Soil and substrate condiƟons; and
vi. Topographic elevaƟons, at two-foot contours;
b. A detailed descripƟon and funcƟonal assessment of the stream buffer under exisƟng
condiƟons pertaining to the protecƟon of stream funcƟons, fish habitat and, in parƟcular,
potenƟal anadromous fisheries;
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c. A habitat and naƟve vegetaƟon conservaƟon strategy that addresses methods to protect and
enhance on-site habitat and stream funcƟons;
d. Proposed buffer enhancement, if needed, including a wriƩen assessment and accompanying
maps and planƟng plans for buffer areas to be enhanced, including the following informaƟon
at a minimum:
i. A descripƟon of exisƟng buffer condiƟons;
ii. A descripƟon of proposed buffer condiƟons and how proposed condiƟons will increase
buffer funcƟoning in terms of stream and fish habitat protecƟon;
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 documenƟng buffer
condiƟons as compared to performance standards for enhancement success;
e. A discussion of ongoing management pracƟces that will protect stream funcƟons and habitat
value through maintenance of vegetaƟon density within the stream buffer.
23.10.230 Review criteria.
A. Any alteraƟon to a criƟcal area shall be reviewed and approved, approved with condiƟons, or denied based
on the proposal’s ability to comply with all of the following criteria:
1. The proposal minimizes the impact on criƟcal areas in accordance with ECDC 23.10.250(E),
MiƟgaƟon sequencing;
2. The proposal does not pose an unreasonable threat to the public health, safety, 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 alteraƟons permiƩed to the criƟcal area are miƟgated in accordance with ECDC 23.10.250;
5. The proposal protects the criƟcal area funcƟons and values consistent with the best available science
and results in no net loss of criƟcal area funcƟons and values; and
6. The proposal is consistent with other applicable regulaƟons and standards.
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B. The director may condiƟon the proposed acƟvity as necessary to miƟgate impacts to criƟcal areas and to
conform to the standards required by this chapter. Except as provided for by this chapter, any project that
cannot adequately miƟgate its impacts to criƟcal areas in the sequencing order of preferences in ECDC
23.10.250(E) shall be denied.
23.10.240 ConƟngent review procedure and criteria.
A. Scope. The procedures set forth in this secƟon shall apply to the following types of criƟcal area restoraƟon
projects as allowed by ECDC 23.10.100:
1. RestoraƟon projects involving anadromous fish streams;
2. RestoraƟon projects involving Category I or Category II wetlands;
3. RestoraƟon projects involving Category I or Category II estuarine wetlands.
B. NoƟce of ApplicaƟon. Development acƟvity within the scope of subsecƟon (A) of this secƟon shall be
processed as a Type II applicaƟon, unless the process is altered according to subsecƟon (D) of this secƟon. In
addiƟon to the noƟce provided pursuant to ECDC Title 20, noƟce of applicaƟon for all such development
shall also be sent to the city council by email.
C. ConƟngent Review Process. Development acƟvity within the scope of subsecƟon (A) of this secƟon shall be
escalated to a Type III-A process when:
1. The city receives a request from any person for a public hearing within 14 days of the date of the
noƟce of applicaƟon; and
2. The public hearing request is accompanied by a hearing fee in the amount of 50 percent of the
difference between the Type II and Type III-A applicaƟon fee.
D. Effect of ConƟngent Review. When the conƟngent review process is triggered pursuant to subsecƟon (C) of
this secƟon, the project applicant shall pay the other 50 percent of the difference between the Type II and
Type III-A applicaƟon fee, on top of the previously paid Type II applicaƟon fee. The applicant shall pay this fee
within 30 days of noƟce from the city that the fee is due. If the applicant fails to pay the addiƟonal fee within
the required 30-day period, the applicaƟon for the project shall be deemed withdrawn. The city shall not
schedule the public hearing unƟl the addiƟonal fee has been paid. For these public hearings, the cost of the
hearing examiner shall be borne by the city.
E. NoƟce of Decision. Whether development acƟvity within the scope of subsecƟon (A) of this secƟon is
processed as a Type II applicaƟon or escalated to a Type III-A applicaƟon, noƟce of decision shall be sent by
email to the city council in addiƟon to any other noƟce that may be required by ECDC Title 20.
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23.10.250 MiƟgaƟon requirements and sequencing.
A. MiƟgaƟon requirements. Applicants must avoid impacts to criƟcal areas whenever possible. If impacts are
unavoidable, they shall be miƟgated using the best available science in accordance with an approved criƟcal
areas report and SEPA documents to ensure no net loss of criƟcal area funcƟons and values.
B. MiƟgaƟon standards. MiƟgaƟon must:
1. Maintain or replace the funcƟons and values of the impacted criƟcal area; and
2. Eliminate or reduce risks posed by criƟcal area hazards.
C. Timing of miƟgaƟon. MiƟgaƟon shall not begin unƟl the director approves of a criƟcal areas report that
includes a miƟgaƟon plan. All miƟgaƟon shall follow the approved plan.
D. Project approval. If impacts cannot be adequately miƟgated to achieve no net loss or protect public safety as
required in this chapter, the project shall not be approved.
E. MiƟgaƟon sequencing. Applicants shall demonstrate that all reasonable efforts have been made to avoid
and minimize impacts to criƟcal areas.
1. Sequence. When an alteraƟon to a criƟcal area is proposed, impacts must be addressed in the
following order of priority to ensure no net loss of criƟcal area funcƟons:
a. Avoid the impact by not taking a certain acƟon or parts of an acƟon;
b. Minimize impacts by limiƟng the degree or magnitude of the acƟon, redesigning the project,
relocaƟng faciliƟes, adjusƟng Ɵming, or using alternaƟve technologies to avoid net loss of
funcƟons and values of the criƟcal area;
c. Repair or restore the affected area to the extent feasible to reestablish criƟcal area funcƟons
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 subsƟtute
resources or environments; and/or
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f. Monitor and adapt to ensure miƟgaƟon measures are successful, with remedial acƟons
taken as needed to achieve performance standards.
2. Project viability. If impacts cannot be provided to ensure no net loss to funcƟon and values, or to
protect public safety, the project must be redesigned or withdrawn.
3. CombinaƟon of measures. MiƟgaƟon for individual projects may include a combinaƟon of the
measures above, as appropriate.
F. MiƟgaƟon plan requirements. When miƟgaƟon is required, the applicant shall submit for approval by the
director a miƟgaƟon plan as part of the criƟcal areas report. The miƟgaƟon plan shall include:
1. Environmental Goals and ObjecƟves. The miƟgaƟon plan shall include a wriƩen report idenƟfying
environmental goals and objecƟves of the compensaƟon proposed and including:
a. A descripƟon of the anƟcipated impacts to the criƟcal areas, the miƟgaƟng acƟons
proposed, and the purposes of the compensaƟon measures, including the site selecƟon
criteria; idenƟficaƟon of compensaƟon goals; idenƟficaƟon of resource funcƟons; and dates
for beginning and compleƟon of site compensaƟon construcƟon acƟviƟes. The goals and
objecƟves shall be related to the funcƟons and values of the impacted criƟcal area;
b. A review of the best available science supporƟng the proposed miƟgaƟon;
c. An analysis of the likelihood of success of the compensaƟon project; and
d. Specific miƟgaƟon plan and report requirements for each criƟcal area type as indicated in
this chapter.
2. Performance Standards. The miƟgaƟon plan shall include measurable specific criteria for evaluaƟng
whether the goals and objecƟves of the miƟgaƟon project have been successfully aƩained and
whether the requirements of this chapter have been met.
3. Detailed ConstrucƟon Plans. The miƟgaƟon plan shall include wriƩen specificaƟons and descripƟons
of the miƟgaƟon proposed, such as:
a. The proposed construcƟon sequence, Ɵming, and duraƟon;
b. Areas of proposed impacts on criƟcal areas or buffers;
c. Grading and excavaƟon details;
d. Erosion and sediment control features;
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e. A planƟng plan specifying plant species, quanƟƟes, locaƟons, size, spacing, and density; and
f. Measures to protect and maintain plants unƟl established.
These wriƩen specificaƟons shall be accompanied by detailed site diagrams, scaled cross-secƟonal
drawings, topographic maps showing slope percentage and final grade elevaƟons, and any other
drawings appropriate to show construcƟon techniques or anƟcipated final outcome.
4. Monitoring Program. The miƟgaƟon plan shall include a program for monitoring construcƟon 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 aŌer site construcƟon),
and how the monitoring data will be evaluated to determine if the performance standards are being
met. A monitoring report shall be submiƩed as needed to document milestones, successes,
problems, and conƟngency acƟons of the compensaƟon project. The compensaƟon 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. ConƟngency Plan. The miƟgaƟon plan shall include idenƟficaƟon of potenƟal courses of acƟon and
any correcƟve measures to be taken if monitoring or evaluaƟon indicates project performance
standards are not being met.
6. Financial Guarantees. The miƟgaƟon plan shall include financial guarantees, as necessary, to ensure
that the miƟgaƟon plan is fully implemented. Financial guarantees ensuring fulfillment of the
compensaƟon project, monitoring program, and any conƟngency measures shall be posted in
accordance with ECDC 23.10.290, Bonds to ensure miƟgaƟon, maintenance, and monitoring.
G. InnovaƟve miƟgaƟon.
1. Purpose. The City may encourage and approve innovaƟve miƟgaƟon approaches, such as advance
miƟgaƟon, in-lieu fee programs, or miƟgaƟon banking, when they are based on the best available
science and likely to provide equal or greater criƟcal area funcƟons than on-site miƟgaƟon.
2. Criteria for approval. InnovaƟve miƟgaƟon may only be approved when all of the following apply:
a. Lack of on-site feasibility. On-site miƟgaƟon is not feasible or has a low likelihood of success
due to site limitaƟons, such as inadequate hydrology, unsuitable soil, or insufficient area for
full miƟgaƟon.
b. Improved funcƟonal outcome. Off-site miƟgaƟon offers a greater potenƟal for long-term
success and funcƟonal value compared to on-site miƟgaƟon.
c. LocaƟon preference. Off-site miƟgaƟon shall occur within the same drainage basin and
within City limits unless:
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i. Established watershed goals jusƟfy another locaƟon;
ii. Credits are purchased from a state-cerƟfied miƟgaƟon bank; or
iii. Fees are paid to an approved in-lieu fee program consistent with program requirements.
H. Wetlands – Compensatory MiƟgaƟon Requirements. Compensatory miƟgaƟon for alteraƟons to wetlands
shall achieve equivalent or greater biologic funcƟons. Wetland miƟgaƟon plans shall be consistent with
guidelines in Wetland MiƟgaƟon in Washington State – Part 2: Developing MiƟgaƟon Plans (Ecology, 2006)
and SelecƟng Wetland MiƟgaƟon Sites Using a Watershed Approach (Ecology, 2009), as revised.
1. MiƟgaƟon for Lost or Affected FuncƟons. Compensatory miƟgaƟon acƟons shall address funcƟons
affected by the alteraƟon to achieve funcƟonal equivalency or improvement and shall provide
similar wetland funcƟons as those lost, except when:
a. The lost wetland provides minimal funcƟons as determined by a site-specific funcƟon
assessment, and the proposed compensatory miƟgaƟon acƟon(s) will provide equal or
greater funcƟons or will provide funcƟons shown to be limiƟng within a watershed through
a formal Washington State watershed assessment plan or protocol; or
b. Out-of-kind replacement will best meet formally idenƟfied watershed goals, such as
replacement of historically diminished wetland types.
2. Preference of MiƟgaƟon AcƟons. MiƟgaƟon acƟons that require compensaƟon by replacing,
enhancing, or subsƟtuƟon shall occur in the following order of preference:
a. Restoring (reestablishing) wetlands on upland sites that were formerly wetlands.
b. CreaƟng wetlands on disturbed upland sites such as those with vegetaƟve cover consisƟng
primarily of nonnaƟve, introduced species. This should only be aƩempted 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 combinaƟon with restoraƟon or creaƟon. Such
enhancement should be part of a miƟgaƟon package that includes replacing the impacted
area meeƟng appropriate raƟo requirements.
d. ImplemenƟng compensatory restoraƟon through purchase of credits at an approved
miƟgaƟon bank or through payment into an approved in-lieu fee program.
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3. Type and LocaƟon of MiƟgaƟon. Unless it is demonstrated that a higher level of ecological
funcƟoning would result from an alternate approach, compensatory miƟgaƟon for ecological
funcƟons shall be in kind and conducted on the site or in the vicinity of the alteraƟon except when
all of the following apply:
a. On-site opportuniƟes do not have a high likelihood of success, aŌer a determinaƟon of the
natural capacity of the site to miƟgate for the impacts. ConsideraƟon should include:
anƟcipated wetland miƟgaƟon replacement raƟos, buffer condiƟons and proposed widths,
hydrogeomorphic classes of on-site wetlands when restored, proposed flood storage
capacity, and potenƟal to miƟgate riparian fish and wildlife impacts (such as connecƟvity);
b. Off-site miƟgaƟon has a greater likelihood of providing equal or improved wetland funcƟons
than the impacted wetland;
c. Off-site miƟgaƟon incorporates guidance from CalculaƟng Credits and Debits for
Compensatory MiƟgaƟon in Wetlands of Western Washington (Ecology PublicaƟon No. 10-
06-011, Hruby 2012); and
d. Off-site locaƟons for compensatory miƟgaƟon are consistent with city of Edmonds goals for
watershed wide ecological restoraƟon. Off-site locaƟons 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 restoraƟon 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 miƟgaƟon bank or in-lieu fee program.
This list is not comprehensive and may change as the city of Edmonds idenƟfies areas
suitable for restoraƟon and capital improvement projects consistent with goals for
jurisdicƟon-wide habitat retenƟon and enhancement provided in the city’s comprehensive
plan.
4. MiƟgaƟon Timing. MiƟgaƟon projects shall be completed with an approved monitoring plan prior to
acƟviƟes that will disturb wetlands. In all other cases, miƟgaƟon shall be completed immediately
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following disturbance and prior to use or occupancy of the acƟvity or development. ConstrucƟon of
miƟgaƟon projects shall be Ɵmed to reduce impacts to exisƟng fisheries, wildlife, and flora.
5. MiƟgaƟon RaƟos.
a. Acreage Replacement RaƟos. The raƟos in the table below shall apply to creaƟon or re-
establishment, rehabilitaƟon, or enhancement that is in kind, is on site, is Ɵmed prior to or
concurrent with alteraƟon, and has a high probability of success. These raƟos do not apply
to remedial acƟons resulƟng from unauthorized alteraƟons; greater raƟos shall apply in
those cases. The first number specifies the acreage of replacement wetlands and the second
specifies the acreage of wetlands altered. RaƟos for rehabilitaƟon and enhancement may be
reduced when combined with 1:1 replacement through creaƟon or reestablishment
pursuant to Table 1a, Wetland MiƟgaƟon in Washington State – Part 1: Agency Policies and
Category and Type of
Wetland
CreaƟon or
Reestablishment RehabilitaƟon only Enhancement only
Category I:
Based on funcƟons 4:1 8:1 16:1
Mature and old-growth
forest
6:1 12:1 24:1
High conservaƟon
value/bog
Not considered possible
Category II:
All 3:1 6:1 12:1
Category III:
All 2:1 4:1 8:1
Category IV:
All 1.5:1 3:1 6:1
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Guidance – Version 1 (Ecology PublicaƟon No. 06-06-11a, or as revised). CreaƟon,
reestablishment, rehabilitaƟon, and enhancement definiƟons are provided in ECDC
23.10.020 and shall be addiƟonally consistent with intent pursuant to Ecology PublicaƟon
No. 06-06-11a.
MiƟgaƟon requirements may also be determined using the credit/debit tool described in
CalculaƟng Credits and Debits for Compensatory MiƟgaƟon in Wetlands of Western
Washington: Final Report (Ecology PublicaƟon No. 10-06-011, Olympia, WA, March 2012, or
as revised) if approved by the director.
6. Off-Site MiƟgaƟon. The raƟos provided in subsecƟon (5)(a) of this secƟon do not apply to off-site
miƟgaƟon, including use of credits from a state-cerƟfied wetland miƟgaƟon bank or payment to a
cerƟfied in lieu fee program. When off-site miƟgaƟon is proposed, or when a miƟgaƟon bank or in-
lieu fee program is used, replacement raƟos may incorporate guidance from CalculaƟng Credits and
Debits for Compensatory MiƟgaƟon in Wetlands of Western Washington (Ecology PublicaƟon No.
10-06-011, Hruby 2012), and for miƟgaƟon banks or in-lieu fee programs should be consistent with
the cerƟficaƟon requirements. Use of miƟgaƟon banks shall meet all requirements of subsecƟon (9)
of this secƟon.
7. Increased Replacement RaƟo. The director may require increased compensatory miƟgaƟon raƟos
under the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoraƟon or creaƟon;
b. A significant period of Ɵme will elapse between impact and replicaƟon of wetland funcƟons;
c. Proposed miƟgaƟon will result in a lower-category wetland or reduced funcƟons relaƟve to
the wetland being impacted; or
d. The impact was an unauthorized impact.
8. Wetlands Enhancement as MiƟgaƟon.
a. Impacts to wetland funcƟons may be miƟgated by enhancement of exisƟng significantly
degraded wetlands, but may, at the discreƟon of the director, be used in conjuncƟon with
restoraƟon and/or creaƟon. Applicants proposing to enhance wetlands must produce a
criƟcal areas report that idenƟfies how enhancement will increase the funcƟons of the
degraded wetland and how this increase will adequately miƟgate for the loss of wetland
area and funcƟon at the impact site. An enhancement proposal must also show whether
exisƟng wetland funcƟons will be reduced by the enhancement acƟons.
b. At a minimum, enhancement acreage shall be double the acreage required for creaƟon or
restoraƟon under subsecƟon (5) of this secƟon. The raƟos 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 funcƟons and/or result in the reducƟon of other wetland funcƟons
currently being provided in the wetland.
c. MiƟgaƟon raƟos for enhancement in combinaƟon with other forms of miƟgaƟon shall range
from six-to-one to three-to-one and be limited to Class III and IV wetlands.
9. Wetland MiƟgaƟon Banks and In-Lieu Fee Programs.
a. Wetland MiƟgaƟon Banks. Credits from a wetland miƟgaƟon bank may be approved for use
as compensaƟon for unavoidable impacts to wetlands when:
i. The bank is cerƟfied under state rules;
ii. The director determines that the wetland miƟgaƟon bank provides appropriate
compensaƟon for the authorized impacts;
iii. The proposed use of credits is consistent with the terms and condiƟons of the bank’s
cerƟficaƟon instrument;
iv. Replacement raƟos for projects using bank credits are consistent with replacement
raƟos specified in the bank’s cerƟficaƟon; and
v. Credits from a cerƟfied wetland miƟgaƟon bank are used to compensate for impacts
located within the service area specified in the cerƟfied bank instrument. In some
cases, the service area of the bank may include porƟons of more than one adjacent
drainage basin for specific wetland funcƟons.
b. In-Lieu Fee Programs. As an alternaƟve to on-site or other off-site miƟgaƟon approaches, the
director may approve purchase of credit for compensatory miƟgaƟon 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 miƟgaƟon and state water quality regulaƟons. Determining credit
purchase necessary to compensate for wetland impacts shall incorporate guidance from
CalculaƟng Credits and Debits for Compensatory MiƟgaƟon in Wetlands of Western
Washington (Ecology PublicaƟon No. 10-06-011, Hruby 2012). Development proposals
impacƟng criƟcal areas and/or associated buffers may contribute payment towards an
idenƟfied city of Edmonds miƟgaƟon project with approval from the director; provided, that
the miƟgaƟon approach meets all state and federal permit requirements, where required.
Applicant provision of funds for compensatory miƟgaƟon shall only be approved if:
i. The director determines that it would provide environmentally appropriate
compensaƟon for the proposed wetland impacts;
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ii. The miƟgaƟon will occur on a site idenƟfied using the site selecƟon and prioriƟzaƟon
process in the approved in-lieu fee program instrument or at a city-idenƟfied restoraƟon
site consistent with ECDC 23.10.250(G).
iii. A restoraƟon area and plan have been idenƟfied and shall be implemented within three
years of project development;
iv. RestoraƟon efforts are focused in areas idenƟfied as suitable for restoraƟon 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 ConservaƟon Areas - AddiƟonal MiƟgaƟon Requirements.
1. Where allowed, a fish and wildlife habitat conservaƟon area may be altered only in accordance with
miƟgaƟon sequencing as prescribed in ECDC 23.10.250(E) and only if the proposed alteraƟon does
not result in a net loss of the funcƟons and values of the habitat. Any approval of an alteraƟon or
impacts to a fish and wildlife habitat conservaƟon area must be supported by best available science
as described in the required criƟcal area report prepared by a qualified professional.
2. MiƟgaƟon of alteraƟons to fish and wildlife habitat conservaƟon areas shall achieve equivalent or
greater biologic and hydrologic funcƟons and shall include miƟgaƟon for adverse impacts upstream
or downstream of the development proposal site. MiƟgaƟon shall address each funcƟon affected by
the alteraƟon to achieve funcƟonal equivalency or improvement on a per funcƟon basis. MiƟgaƟon
shall be located on site except when demonstrated that a higher level of ecological funcƟoning
would result from an off-site locaƟon. MiƟgaƟon shall be detailed in a fish and wildlife habitat
conservaƟon area miƟgaƟon plan, which may include the following as necessary:
i. A naƟve vegetaƟon planƟng plan;
ii. Plans for retenƟon, enhancement or restoraƟon of specific habitat features;
iii. Plans for control of nonnaƟve invasive plant or wildlife species; and
iv. SƟpulaƟons for use of innovaƟve, sustainable building pracƟces.
23.10.260 Monitoring and bonds.
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A. Bonds to ensure miƟgaƟon, maintenance, and monitoring.
1. When required. If required miƟgaƟon cannot be completed before final permit approval (e.g., final plat
approval, final building inspecƟon), the applicant shall post a financial guarantee, such as a performance
bond or other security, to ensure miƟgaƟon, maintenance, and monitoring are completed as approved.
2. Form and amount.
a. The bond shall be in the amount of 120 percent of the esƟmated cost of uncompleted work,
including a reasonable inflaƟon factor based on the length of anƟcipated delay.
b. Bond shall be in a form acceptable to the City’s aƩorney (e.g., surety, performance, or
maintenance bond).
3. DuraƟon and release.
a. Bonds or other security authorized by this secƟon shall remain in effect unƟl the director
determines, in wriƟng, that miƟgaƟon 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 miƟgaƟon success.
c. DepleƟon, failure, or collecƟon of bond funds shall not discharge the obligaƟon to complete
required miƟgaƟon, maintenance, monitoring, or restoraƟon.
4. Public projects. Public development projects are exempt from bonding requirements of this secƟon if
public funds have been commiƩed for miƟgaƟon, maintenance, monitoring, or restoraƟon.
5. Default. Failure to comply with requirements, including monitoring and reporƟng deadlines, within 30
days aŌer the due date consƟtutes default. Upon default, the City may collect bond funds or take other
enforcement acƟons authorized by law.
6. Recovered funds. Any funds recovered pursuant to this secƟon shall be used to complete the required
miƟgaƟon.
23.10.270 Appeals.
Any decision to approve, condiƟon, or deny a development proposal or other acƟvity 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 condiƟons exist:
1. The applicaƟon of this chapter would prohibit a development proposal by a public agency or public
uƟlity. A public agency and uƟlity excepƟon may be granted as a variance if:
a. There is no other pracƟcal alternaƟve to the proposed development with less impact on the
criƟcal areas;
b. The applicaƟon of this chapter would unreasonably restrict the ability to provide uƟlity
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 miƟgates impacts to the criƟcal area funcƟons and values
consistent with the best available science; and
e. The proposal is consistent with other applicable regulaƟons and standards.
2. The applicaƟon of this chapter would deny all reasonable economic use (see the definiƟon 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 excepƟon may be authorized as a variance
only if an applicant demonstrates that:
a. The applicaƟon 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 criƟcal area;
c. Applicant demonstrates that an alternaƟve building type permiƩed under the parcel’s zoning
cannot be used to avoid impacts;
d. The proposed impact to the criƟcal 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 acƟons taken by the applicant aŌer the effecƟve date of this chapter or its predecessor,
including acƟons related to acquisiƟon 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 criƟcal area funcƟons and values consistent with the best
available science; and
h. The proposal is consistent with other applicable regulaƟons and standards.
B. Specific Variance Criteria. A variance may be granted if the applicant demonstrates that the requested acƟon
conforms to all of the following specific criteria:
1. Special condiƟons 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 condiƟons and circumstances do not result from the acƟons of the applicant;
3. A literal interpretaƟon of the provisions of this chapter would deprive the applicant of all reasonable
economic uses and privileges permiƩed to other properƟes 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. GranƟng 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 granƟng of the variance is consistent with the general purpose and intent of this chapter, and
will not further degrade the funcƟons or values of the associated criƟcal areas or be materially
detrimental to the public welfare or injurious to the property or improvements in the vicinity of the
subject property;
6. The variance applicaƟon shall include an assessment by a qualified professional with a
recommendaƟon for setbacks from the criƟcal area to preserve its values and funcƟon; and
7. The decision to grant the variance is based upon the best available science and gives special
consideraƟon to conservaƟon or protecƟon measures necessary to preserve or enhance
anadromous fish habitat.
C. Hearing Examiner Review. The city hearing examiner shall, as a Type III-A decision (see Chapter 20.01 ECDC),
review variance applicaƟons and conduct a public hearing. The hearing examiner shall approve, approve with
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condiƟons, or deny variance applicaƟons based on a proposal’s ability to comply with general and specific
variance criteria provided in subsecƟons (A) and (B) of this secƟon.
D. CondiƟons May Be Required. The director retains the right to prescribe such condiƟons and safeguards as are
necessary to secure adequate protecƟon of criƟcal 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 Ɵme limit within which the acƟon for which the variance is required
shall be begun, completed, or both. Failure to begin or complete such acƟon within the established Ɵme
limit shall void the variance, unless the applicant files an applicaƟon for an extension of Ɵme before the
expiraƟon. An applicaƟon for an extension of Ɵme shall be reviewed by the director as a Type II decision (see
Chapter 20.01 ECDC).
F. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of a
variance applicaƟon and upon which any decision has to be made on the applicaƟon.
23.10.290 InspecƟons.
Reasonable access to the site shall be provided to the city, state, and/or federal agency review staff for the
purpose of inspecƟons during any proposal review, restoraƟon, emergency acƟon, or monitoring period. Failure
to provide access shall consƟtute grounds for issuance of a stop work order.
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ArƟcle I. Wetlands
23.10.300 DescripƟon and Purpose.
A. DescripƟon. Wetlands are areas that are inundated or saturated by surface or groundwater at a frequency
and duraƟon sufficient to support, and that under normal circumstances do support, a prevalence of
vegetaƟon adapted to life in saturated soil condiƟons. All areas meeƟng the wetland designaƟon criteria, as
determined using the U.S. Army Corps of Engineers Wetlands DelineaƟon Manual (1987) and applicable
regional supplements, are regulated under this chapter. Wetlands shall be rated according to the Washington
State Wetland RaƟng System for Western Washington: 2014 Update (Ecology PublicaƟon #14-06-029, or as
amended), in accordance with WAC 173-22-035.
B. Purpose. The purpose of this arƟcle is to protect, maintain, and where feasible restore the funcƟons and
values of wetlands—including flood storage and aƩenuaƟon, 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 DesignaƟon, raƟng, and mapping.
A. DesignaƟon. Wetlands are those areas, designated in accordance with the approved federal delineaƟon
manual and applicable regional supplements as set forth in WAC 173-22-035.
B. Wetland RaƟngs. Wetlands shall be rated according to the Washington Department of Ecology wetland
raƟng system, as set forth in the Washington State Wetland RaƟng System for Western Washington: 2014
Update (Ecology PublicaƟon No. 14-06-029, or as revised and approved by Ecology), which contains the
definiƟons and methods for determining whether the criteria below are met.
1. Category I. Category I wetlands are: (a) relaƟvely undisturbed estuarine wetlands larger than one acre;
(b) wetlands of high conservaƟon value that are idenƟfied by scienƟsts 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; (f) interdunal wetlands that score eight or nine habitat points and are larger
than one acre; and (g) wetlands that perform many funcƟons well (scoring 23 points or more). These
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wetlands: (a) represent unique or rare wetland types; (b) are more sensiƟve to disturbance than most
wetlands; (c) are relaƟvely undisturbed and contain ecological aƩributes that are impossible to replace
within a human lifeƟme; or (d) provide a high level of funcƟons.
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 funcƟons (scoring between 20 and
22 points).
3. Category III. Category III wetlands are: (a) wetlands with a moderate level of funcƟons (scoring between
16 and 19 points); (b) can oŌen be adequately replaced with a well-planned miƟgaƟon 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 oŌen 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 funcƟons (scoring fewer than 16 points) and
are oŌen 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 funcƟons and should be protected to some degree.
5. Illegal ModificaƟons. Wetland raƟng categories shall not change due to illegal modificaƟons made by the
applicant or with the applicant’s knowledge.
C. Date of Wetland RaƟng. Wetland raƟng categories shall be applied as the wetland exists on the date of
adopƟon of the raƟng system by the local government, as the wetland naturally changes thereaŌer, or as the
wetland changes in accordance with permiƩed acƟviƟes.
D. DelineaƟon. The exact locaƟon of a wetland’s boundary shall be determined through the performance of a
field invesƟgaƟon by a qualified professional wetland scienƟst applying the approved federal wetland
delineaƟon manual and applicable regional supplements and appended to the criƟcal area report. Wetland
delineaƟons are valid for five years, except when recent events or updates to best available science jusƟfy a
new delineaƟon.
E. Lake Ballinger. Lake Ballinger is designated on the U.S. NaƟonal Wetlands Inventory as a lacustrine (lake)
environment and should not be delineated as a wetland in its enƟrety. Lake fringe wetlands exisƟng along
the periphery of Lake Ballinger shall be idenƟfied according to specific criteria provided in this secƟon.
Consistent with guidance for delineaƟng lake fringe wetlands provided in these resources, the existence of
jurisdicƟonal wetlands along Lake Ballinger shorelines shall be largely based upon the presence of persistent
emergent vegetaƟon in shoreline areas less than 6.6 feet in depth. Provisions for protecƟon of Lake Ballinger
shorelines not meeƟng criteria for jurisdicƟonal 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 Ɵdal wetland which in addiƟon 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. AcƟviƟes and uses shall be prohibited in wetlands and wetland buffers, except as provided for in ECDC
23.10.090 and 23.10.100.
B. AcƟviƟes may only be permiƩed in a wetland buffer if the applicant can show that the proposed acƟvity will
not degrade the funcƟons and funcƟonal performance of the wetland and other criƟcal areas.
C. Category I Wetlands. AcƟviƟes and uses shall be prohibited from Category I wetlands, except as provided in
ECDC 23.10.090, ECDC 23.10.100, and restoraƟon projects approved by the director.
D. Category II Wetlands. With respect to acƟviƟes proposed in Category II wetlands, the following standards
shall apply:
1. Water-dependent acƟviƟes may be allowed where there are no pracƟcable alternaƟves that would have
a less adverse impact on the wetland, its buffers and other criƟcal areas.
2. Where non-water-dependent acƟviƟes are proposed, it shall be presumed that alternaƟve locaƟons are
available, and therefore, acƟviƟes 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 alternaƟve designs of the project as proposed, such as a reducƟon in the size, scope,
configuraƟon, or density of the project, would not avoid or result in less of an adverse
impact on a wetland or its buffer.
E. Category III and IV Wetlands. AcƟviƟes and uses that result in unavoidable and necessary impacts may be
permiƩed in Category III and IV wetlands and associated buffers in accordance with an approved criƟcal
areas report and miƟgaƟon plan.
F. Wetland Buffers.
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1. General Buffer Requirements.
a. VegetaƟon requirements. At least 70 percent of the buffer area not covered by pre-exisƟng
structures or paved surfaces shall be covered with naƟve plants. Non-naƟve 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(C)(7).
b. Buffer widths. Established in accordance with best available science and the Washington
State Wetland RaƟng System for Western Washington: 2014 Update (Ecology PublicaƟon 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 protecƟve buffer widths in the Standard Buffer Width table in subsecƟon (F)(3)(a)
below apply by default. However, if the condiƟons in subsecƟon (F)(2) of this subsecƟon are
met and approved, buffers found in the Reduced Buffer Width table in subsecƟon (F)(3)(b)
below may be used.
2. Reduced Buffer OpƟons Based on Habitat Score.
a. Wetlands with habitat score of six or more. The Reduced Buffer Width table in (F)(3)(b) of
this subsecƟon may be used only when all of the following condiƟons 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 enƟre length (e.g., conservaƟon easement).
iii. A qualified biologist confirms the presence of the priority habitat.
iv. If no corridor opƟon exists, the buffer widths in Table (F)(3)(a) may be used only when all
the applicable impact-reducƟon measures in Table (F)(4)(b) are implemented.
b. Wetlands with a habitat score of three to five. The impact-minimizaƟon measures in
subsecƟon (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 Category Habitat Score:
3 – 5
Habitat Score:
6 – 7
Habitat Score:
8 – 9
Category I:
Based on total score 100’ 150’ 300’
Bogs and wetlands of high
conservaƟon value
250’ 300’
Forested 100’ 150’ 300’
Interdunal 300’
Estuarine and coastal lagoons 200’
Category II:
Based on score 100’ 150’ 300’
Interdunal wetlands 150’
Estuarine and coastal lagoons 150’
Category III:
All 80’ 150’ 300’
Category IV:
All 50’
Table 23.10.320(F)(3)(b): Reduced Buffer Widths.
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Buffer Width (in Feet) Based on Habitat Score
Wetland Category Habitat Score:
3 – 5
Habitat Score:
6 – 7
Habitat Score:
8 – 9
Category I:
Based on total score 75’ 110’ 225’
Bogs and wetlands of high
conservaƟon value 190’ 225’
Forested 75’ 110’ 225’
Interdunal 225’
Estuarine and coastal lagoons 150’
Category II:
Based on score 75’ 110’ 225’
Interdunal wetlands 110’
Estuarine and coastal lagoons 110’
Category III:
All 60’ 110’ 225’
Category IV:
All 40’
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4. Impact-ReducƟon Measures. The impact-reducƟon measures in this subsecƟon shall be
implemented, where applicable, and minimize impacts to the adjacent land uses.
Table 23.10.320(F)(4). Impact-ReducƟon Measures.
Disturbance Measures
Lights Direct lights away from wetland
Noise Locate acƟvity that generates noise away from wetland
If warranted, enhance exisƟng buffer with naƟve vegetaƟon planƟng adjacent to
noise source
For acƟviƟes that generate relaƟvely conƟnuous, potenƟally disrupƟve noise,
such as certain heavy industry or mining, establish an addiƟonal 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 limiƟng use of pesƟcides within 150 feet of wetland
Apply integrated pest management
Stormwater runoff Retrofit stormwater detenƟon and treatment for roads and exisƟng adjacent
development
Prevent channelized flow from lawns that directly enters the buffer
Use low-intensity development techniques (for more informaƟon see
stormwater ordinance and manual)
Changes in water
impervious regime
surfaces
Infiltrate or treat, detain, and disperse into buffer new runoff from impervious
surfaces and new lawns
Pets and human
disturbance
Use privacy fencing or plant dense vegetaƟon to delineate buffer edge and to
discourage disturbance using vegetaƟon appropriate for the ecoregion
Place wetland and its buffer in a separate tract or protect with a conservaƟon
easement
Dust Use best management pracƟces to control dust
5. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance
with the recommendaƟons of an experienced, qualified professional wetland scienƟst and the best
available science on a case-by-case basis when a larger buffer is necessary to protect wetland
funcƟons and values based on site-specific characterisƟcs. This determinaƟon shall be based on one
or more of the following criteria:
a. A larger buffer is needed to protect other criƟcal areas;
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b. The buffer or adjacent upland has a slope greater than 15 percent or is suscepƟble to
erosion and standard erosion control measures will not prevent adverse impacts to the
wetland;
c. The buffer area has minimal vegetaƟve cover. In lieu of increasing the buffer width where
exisƟng buffer vegetaƟon is inadequate to protect the wetland funcƟons and values,
development and implementaƟon of a wetland buffer enhancement plan in accordance with
this subsecƟon (G)(3) may subsƟtute; 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 compensaƟon for
approved wetland alteraƟons shall be the same as the buffer required for the category of the
created, restored, or enhanced wetland.
7. Buffer Consistency. All miƟgaƟon 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 condiƟon. Removal of invasive
nonnaƟve weeds is required for the duraƟon of the miƟgaƟon bond.
G. Wetland Buffer ModificaƟons.
1. Where wetland or buffer alteraƟons are permiƩed by the city of Edmonds, the applicant shall
miƟgate impacts to achieve no net loss of wetland acreage and funcƟons consistent with applicable
provisions of this chapter.
2. At the discreƟon of the director, standard wetland buffers may be averaged or reduced when
consistent with all criteria in this subsecƟon. Wetland buffer averaging with enhancement shall be
preferred over wetland buffer reducƟon with enhancement. Wetland buffer reducƟon 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 modificaƟon of a
standard wetland buffer width in accordance with an approved criƟcal 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 funcƟons and values of the criƟcal area. Any allowance for averaging buffer widths shall only be
granted concomitant to the development and implementaƟon of a wetland buffer enhancement
plan for areas of buffer degradaƟon. Only those porƟons of a wetland buffer exisƟng 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 scienƟst
demonstrates that:
a. The buffer averaging and enhancement plan provides evidence that wetland funcƟons and
values will be:
i. Increased or retained through plan implementaƟon for those wetlands where exisƟng
buffer vegetaƟon is generally intact; or
ii. Increased through plan implementaƟon for those wetlands where exisƟng buffer
vegetaƟon is inadequate to protect the funcƟons and values of the wetland;
b. The wetland contains variaƟons in sensiƟvity due to exisƟng physical characterisƟcs or the
character of the buffer varies in slope, soils, or vegetaƟon, 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 exisƟng on a subject
parcel for wetlands extending off site, aŌer averaging is no less than that which would be
contained within a standard buffer; and
d. The buffer width at any single locaƟon is not reduced by more than 25 percent of the
standard buffer width.
4. Buffer Width ReducƟons through Buffer Enhancement. At the discreƟon of the director, and only
when buffer averaging cannot be accomplished on site, wetland buffer width reducƟons (or approval
of standard buffer widths for wetlands where exisƟng buffer condiƟons require increased buffer
widths) may be granted concomitant to the development and implementaƟon of a wetland buffer
enhancement plan for Category III and IV wetlands only. Approval of a wetland buffer enhancement
plan shall, at the discreƟon of the director, allow for wetland buffer width reducƟons by no more
than 25 percent of the standard width; provided, that:
a. The plan provides evidence that wetland funcƟons and values will be:
i. Increased or retained through plan implementaƟon for those wetlands where exisƟng
buffer vegetaƟon is generally intact; or
ii. Increased through plan implementaƟon for those wetlands where exisƟng buffer
vegetaƟon is inadequate to protect the funcƟons and values of the wetland;
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b. The plan documents exisƟng naƟve plant densiƟes and provides for increases in buffer
naƟve plant densiƟes 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 vegetaƟve cover;
ii. Percent invasive species cover;
iii. Species richness; and
iv. Amount of large woody debris.
H. AddiƟons to Structures ExisƟng within Wetlands and/or Wetland Buffers.
1. AddiƟons to legally constructed structures exisƟng within wetlands or wetland buffers that increase
the footprint of development or impervious surfacing shall be permiƩed consistent with the
development standards of this secƟon; provided, that a wetland and/or buffer enhancement plan is
included in the criƟcal area report to miƟgate for impacts consistent with this chapter; and provided,
that all impacts from temporary disturbances within the criƟcal area buffer shall be addressed
through use of best management plans and buffer enhancement planƟngs during and following
construcƟon of the allowed alteraƟon. Provisions for standard wetland buffers, wetland buffer
averaging with enhancement, and buffer reducƟons with enhancement require applicants to locate
such addiƟons in accordance with the following sequencing:
a. Outside of the standard wetland buffer;
b. Outside of a wetland buffer averaged (with enhancement) per subsecƟon (G)(3) of this
secƟon;
c. Outside of a wetland buffer reduced (with enhancement) per subsecƟon (G)(4) of this
secƟon;
d. Outside of the inner 25 percent of the standard wetland buffer width with no more than 300
square feet of structure addiƟon 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) raƟo (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) raƟo
(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 meeƟng wetland buffer enhancement requirements required by subsecƟon (I)(1) of this
secƟon would result in enhancement that is separated from the criƟcal area due to uncommon
property ownership, alternaƟve enhancement approaches may be approved by the director.
AlternaƟve approaches could include a vegetated rain garden that receives storm runoff,
replacement of exisƟng impervious surfaces with pervious materials, or other approaches that
provide ecological benefits to the adjacent criƟcal area.
3. AddiƟons to legally constructed structures exisƟng within wetlands or wetland buffers that cannot
be accommodated in accordance with the sequencing in subsecƟon (I)(1) of this secƟon (e.g.,
addiƟons proposed within a wetland or the inner 25 percent of a standard buffer width) may be
permiƩed at the director’s discreƟon 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 ExisƟng Development. New development shall be allowed
within the footprint of exisƟng development occurring within a wetland buffer; provided, that the following
condiƟons are met:
1. The footprint of exisƟng development was legally established, and is consistent with the definiƟon
provided in ECDC 23.10.030.
2. The proposed development within the footprint of exisƟng development is sited as far away from
the wetland edge as is feasible;
3. As part of the development proposal, opportuniƟes to reduce the footprint of exisƟng development
are implemented where such reducƟon 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 funcƟons 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 planƟngs during and following construcƟon of the
allowed alteraƟon.
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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 parƟally within a wetland or its buffer may be subdivided; provided, that an
accessible and buildable conƟguous porƟon of each new lot is located outside of the wetland and its
buffer.
3. Access roads and uƟliƟes serving the proposed subdivision may be permiƩed within the wetland and
associated buffers only at the discreƟon of the director.
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ArƟcle II. CriƟcal aquifer recharge areas
23.10.400 DescripƟon and Purpose.
A. DescripƟon. CriƟcal aquifer recharge areas (CARAs) are those areas with a criƟcal recharging effect on
aquifers used for potable water as defined by WAC 365-190-030(3). CARAs have prevailing geologic
condiƟons that create a high potenƟal for contaminaƟon of ground water resources or contribute
significantly to the replenishment of ground water. The Growth Management Act requires ciƟes to adopt
regulaƟons to protect CARAs.
B. Purpose. The purpose of this chapter is to establish criƟcal aquifer recharge area (CARA) and groundwater
protecƟon standards to protect aquifers from degradaƟon and depleƟon. The intent is to minimize loss of
recharge quanƟty, to maintain the protecƟon of public drinking water sources, and to prevent contaminaƟon
of groundwater.
23.10.410 DesignaƟon, classificaƟon, and mapping.
A. DesignaƟon. Olympic View Water and Sewer District (Olympic View) has two wellhead protecƟon 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 Ɵme zones (six-month, one-year, five-year, and 10-year) plus an
addiƟonal buffer. An area of exposed highly sensiƟve soils (QVa aquifer) is also mapped.
B. ClassificaƟon. 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 protecƟon area.
2. Class 2 CARAs include those mapped areas located within the 10-year capture zone of a wellhead
protecƟon area.
3. Class 3 CARAs include those mapped areas in the criƟcal aquifer recharge area buffer.
C. Applicability. The provisions of this chapter apply to regulated acƟviƟes occurring within Class 1, Class 2 and
Class 3 CARAs as idenƟfied in the city of Edmonds GIS, which may be updated as new informaƟon becomes
available.
D. Local ConsultaƟon. The city of Edmonds will noƟfy Olympic View when new development applicaƟons are
submiƩed within the mapped CARAs. Typical applicaƟons will include but not be limited to: single-
family/mulƟfamily/commercial building permits, and short/formal subdivisions.
E. Hydrogeologic Report. A hydrogeologic report is required for acƟviƟes as noted in Table 23.10.420(B). The
report must contain the following informaƟon:
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1. The surface locaƟon of all criƟcal aquifer recharge areas located on site or immediately adjacent to
the site, and the permeability of the unsaturated zone;
2. Groundwater depth, flow direcƟon, and gradient based on available informaƟon;
3. Currently available data on wells and springs within one-quarter mile of the site;
4. Currently available informaƟon on the locaƟon of surface waters within one-quarter mile of the site;
5. Historic water quality data for the area to be affected by the proposed acƟvity 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 quanƟty, including:
a. PredicƟve evaluaƟon of groundwater withdrawal effects on nearby wells and surface water
features;
b. PredicƟve evaluaƟon of contaminant transport based on potenƟal releases to groundwater;
c. Recharge potenƟal of the site including permeability and transmissivity; and
d. If water use is proposed for the development acƟvity, a descripƟon of the groundwater
source of water to the site or a leƩer from an approved water purveyor staƟng the ability to
provide water to the site;
7. Best management pracƟces relevant to the proposed acƟvity or use;
8. Provisions to monitor the groundwater quality and quanƟty;
9. A spill plan that idenƟfies equipment and structures that could fail, resulƟng in an impact to the
criƟcal aquifer recharge area. Spill plans shall include provisions for regular inspecƟon, repair, and
replacement of structures and equipment with the potenƟal to fail;
10. An assessment of how the development acƟvity meets the protecƟon standards established in ECDC
23.10.420(D);
11. If the hydrogeologic report idenƟfies impacts to criƟcal aquifer recharge areas, the project applicant
will be required to:
a. IdenƟfy and provide an analysis of alternaƟves by which such impacts could be avoided or
prevented; and
b. Provide a detailed miƟgaƟon plan for any unavoidable impacts. The miƟgaƟon plan should
include preventaƟve measures, monitoring, process control and remediaƟon and a
conƟngency plan, as appropriate.
12. RecommendaƟons for implementaƟon and operaƟon of acƟviƟes, including size limitaƟons,
monitoring, reporƟng and best management pracƟces (BMPs); and
13. Any other informaƟon necessary to determine compliance with this chapter.
23.10.420 Regulated acƟviƟes.
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A. Stormwater. The use of stormwater infiltraƟon best management pracƟces (BMPs ), including those that
qualify as a Class V underground injecƟon control well (UIC), are prohibited for all land uses within all
wellhead protecƟon 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 acƟviƟes that are prohibited and restricted
within a specific CARA classificaƟon. New land uses or acƟviƟes that pose a hazard to the city’s groundwater
resources, resulƟng from storing, handling, treaƟng, using, producing, recycling, or disposing of hazardous
materials or other deleterious substances, are prohibited in CriƟcal Aquifer Recharge Areas 1 and 2. Some
uses are prohibited in all CARA classes. Uses and acƟviƟes lawfully established prior to the effecƟve date of
this code are considered to be legal nonconforming uses subject to Chapter 17.40 ECDC and may conƟnue to
operate within the scope of the exisƟng use.
Table 23.10.420(B) CARA Prohibited and Restricted Uses
Use AcƟvity CARA RestricƟon
All mineral resource uses Mining, processing and reclamaƟon 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
pracƟces (BMPs) and integrated pest management (IPM) 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 and/or treatment
faciliƟes and/or processing, or disposal of
radioacƟve substances
Hazardous waste storage and/or treatment faciliƟes, as
defined by Chapter 173-303 WAC, are prohibited in
all CARA classes.
Storage, processing, or disposal of radioacƟve substances as
defined in RCW 70.99.020 is prohibited in all CARA classes,
except for medical equipment and/or material and medical
waste, defined by RCW 70A.390.020, that is held for proper
disposal.
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Use AcƟvity CARA RestricƟon
Aboveground storage tanks for hazardous substances or
hazardous wastes with primary and secondary containment
area(s) and spill protecƟon plan 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.
AutomoƟve uses Wrecking yards are prohibited in all CARA classes. Vehicle
towing yards that store vehicles on permeable surfaces are
also prohibited. Service staƟons are prohibited in Class 1 and
2 CARA as well as in exposed QVa soils in Class 3 CARA.
In Class 3 CARA outside of the area of exposed QVa, vehicle
repair and servicing must be conducted indoors over
impermeable pads. For underground storage tanks (UST) with
hazardous substances, applicants must demonstrate that the
facility complies with federal and state laws.
Dry cleaning Dry cleaning using chlorinated solvents or using solvent
perchloroethylene is prohibited in all CARA classes.
Large on-site sewage systems, as defined
in Chapter 246-272A WAC
Prohibited.
Solid waste landfills
Solid waste is defined in WAC 173-304-100.
Prohibited.
Solid waste transfer staƟons
Solid waste is defined in WAC 173-304-100.
Prohibited.
Petroleum refinement processes, including
any related reprocessing or storage
Prohibited.
Bulk storage faciliƟes where flammable or
combusƟble liquids, solids, or gels are
received by pipeline or tank vehicle, and are
stored or blended in bulk for the purpose of
distribuƟng such substances by pipeline, tank
vehicle, portable tank, or container
Prohibited.
Chemical manufacturing, including but not
limited to organic and inorganic chemicals,
plasƟcs and resins, pharmaceuƟcals, cleaning
compounds, paints and lacquers, and
agricultural chemicals
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.
Applicants must demonstrate that the facility complies with
federal and state laws.
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Use AcƟvity CARA RestricƟon
Primary and secondary metal industries that
manufacture, produce, smelt, or refine
ferrous and nonferrous metals from molten
materials
Prohibited.
Commercial wood preserving and wood
products preserving
Prohibited
Mobile fleet fueling operaƟons Prohibited
Permanent dewatering of the aquifer when
done as part of remediaƟon acƟon that is
approved by the Department of Ecology
Prohibited
IrrigaƟon and infiltraƟon of greywater Prohibited
Reclaimed or recycled water use with the
excepƟon of uses that discharge to the
sanitary sewer
Prohibited
Rainwater collecƟon and use Allowed
Hydrocarbon extracƟon Prohibited
Metal recycling faciliƟes with outdoor storage
and handling acƟviƟes
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.
Crumb rubber (styrene-butadiene rubber) for
arƟficial turf installaƟons
Prohibited
C. RegulaƟon of FaciliƟes Handling and Storing Hazardous Materials. AcƟviƟes may only be permiƩed in a
criƟcal aquifer recharge area if the applicant can show, through providing a hydrogeologic report prepared by
a qualified professional, that the proposed acƟvity will not cause contaminants to enter the groundwater by
compliance with the best management pracƟces (BMPs) for handling and storing hazardous materials. The
city may impose development condiƟons in accordance with BMPs to prevent degradaƟon of groundwater.
1. Best Management PracƟces for Handling and Storing Hazardous Materials. Any facility, acƟvity, 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, producƟon, 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 recordkeeping of disposal and use acƟvity;
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 Ɵmes;
e. Periodic monitoring of the storage areas and methods used for containment must be
reviewed:
i. On a regular basis;
ii. Whenever business pracƟces change regarding hazardous materials; and
iii. As required by laws and regulaƟons;
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
anƟcipated types and quanƟƟes 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
exisƟng 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 effecƟve date of the ordinance codified in this chapter;
b. With any new land use or building permit applicaƟon;
c. With a new business license; and
d. At periodic intervals as needed to keep up with changing business pracƟces.
3. Hazardous Materials Management Plan (HMMP). Hazardous materials quanƟƟes correspond to the
aggregate total of all hazardous materials, not individual chemicals. FaciliƟes that use aggregate
quanƟƟes 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 potenƟal risk to the WHPA, are reviewed to
determine the potenƟal risk to the groundwater and the need for an HMMP. Commercial land uses
and acƟviƟes using aggregate quanƟƟes 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
potenƟal risk to the groundwater in lower quanƟƟes, must submit an HMMP to the city.
a. The city requires an HMMP based on the type and aggregate quanƟty of inventoried
material. The following are exempt from an HMMP:
i. Retail sale of containers five gallons or less in size when the business has fewer than 500
gallons on the premises at any one Ɵme; and
ii. Hazardous materials of no potenƟal risk to the wellhead protecƟon areas.
b. HMMPs must demonstrate implementaƟon of BMPs. An HMMP must be completed by the
facility operator and must always kept on site and include:
i. A descripƟon 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 idenƟfy all hazardous materials containers, sizes, storage
locaƟons 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
idenƟfied in this code.
4. InspecƟons. The city has the right to inspect a facility at reasonable Ɵmes for the purpose of
determining compliance with this chapter. InspecƟons may include, but are not limited to:
a. Visual inspecƟons of hazardous materials storage and secondary containment areas;
b. InspecƟons 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 selecƟvely waived at the discreƟon of the director, provided the
applicable qualified professional for the project provides wriƩen concurrence, determinaƟon,
details, facts and/or data that individual site condiƟons warrant an exempƟon from outside peer
review.
6. Enforcement. Whenever a person has violated any provisions of this chapter, the planning and
development director, in consultaƟon with the public works director as necessary, may take code
enforcement acƟon based on the nature of the violaƟon including, but not limited to, abatement,
injuncƟon, miƟgaƟon, fines and penalƟes as set forth in ECDC 18.30.100, Stormwater management.
D. General Requirements.
1. A project applicant must make all reasonable efforts to avoid and minimize impacts to criƟcal aquifer
recharge areas according to the requirements of this secƟon, in the following sequenƟal order of
priority:
a. Avoiding impacts altogether by not taking a certain acƟon or parts of an acƟon; or
b. When avoidance is not possible, minimizing impacts by limiƟng the degree or magnitude of
the acƟon and its implementaƟon, using appropriate technology, or by taking affirmaƟve
steps, such as project redesign, relocaƟon, or Ɵming, to avoid impacts.
2. Any acƟvity or use specifically listed in this chapter must comply with the best management
pracƟces and miƟgaƟon plan idenƟfied in the hydrogeologic report.
3. All development acƟviƟes 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 acƟvity or use not specifically listed in this chapter has the
potenƟal to harm water quality or quanƟty within criƟcal aquifer recharge areas, the applicant must
apply best management pracƟces and all known and available reasonable technology (AKART)
appropriate to protect criƟcal aquifer recharge areas.
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ArƟcle III. Frequently flooded areas
23.10.500 DescripƟon and Purpose.
A. DescripƟon. Frequently flooded areas include floodways, floodplains, and other lands subject to a one
percent or greater annual chance of flooding, as idenƟfied 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 NaƟonal Flood Insurance Program (NFIP), and the provisions of ECDC 19.07 (Flood Damage
PrevenƟon).
B. Purpose. The purpose of this arƟcle is to protect life, property, and the environment by minimizing losses
due to flood condiƟons; maintaining the natural hydrologic, storage, and habitat funcƟons of floodplains;
and prevenƟng increases in flood hazards. This arƟcle complements ECDC 19.07, which governs flood-hazard
reducƟon, floodplain development, and construcƟon standards consistent with the NFIP. Title 23 provides for
the protecƟon of ecological funcƟons 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 DesignaƟon and mapping.
A. DesignaƟon. 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 idenƟfied by the City through best-available science or other reliable data that can
demonstrate suscepƟbility to flooding or conveyance of floodwaters.
B. Use of Best-Available InformaƟon. The city shall uƟlize the most current FEMA Flood Insurance Study (FIS),
Flood Insurance Rate Maps (FIRMs), and any revisions thereto as adopted under ECDC 19.07, together with
other scienƟfically valid sources, to idenƟfy frequently flooded areas and guide regulaƟon under this chapter.
C. Supplemental DesignaƟon. The city may designate addiƟonal flood-prone areas not shown on the current
FIRMs where historical or scienƟfic evidence indicates a risk of flooding. Such areas shall be regulated
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consistent with ECDC 19.07 and the current ediƟons of the InternaƟonal ResidenƟal Code and InternaƟonal
Building Code, as adopted in ECDC Title 19.
23.10.520 Liability Disclaimer.
The degree of flood protecƟon required by this chapter and ECDC 19.07, is considered reasonable for regulatory
purposes and is based on scienƟfic and engineering consideraƟons. Larger floods can and will occur on rare
occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land
outside frequently flooded areas or uses permiƩed 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 AdministraƟon for any flood damages that result from reliance on this chapter or any
administraƟve decision lawfully made hereunder.
23.10.530 Development standards.
A. General. Development standards and provisions for protecƟon of frequently flooded areas shall comply with
ECDC 19.07 and the current ediƟons of the InternaƟonal ResidenƟal Code and InternaƟonal 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, ProtecƟon of CriƟcal Areas, for the purposes of flood-hazard management.
B. CriƟcal area review. CriƟcal-area reports prepared for projects within frequently flooded areas shall idenƟfy
and evaluate floodplain funcƟons and ecological values, consistent with ECDC 23.10.090, CriƟcal-Areas
Reports. Such reports shall be incorporated into the corresponding floodplain development permit review
under ECDC 19.07, ensuring consistency between environmental protecƟon and flood-hazard reducƟon
requirements.
C. Conflict of Standards. Where provisions of this arƟcle and ECDC 19.07 conflict, the more restricƟve standard
that provides the greatest protecƟon to public safety and ecological funcƟon shall apply.
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ArƟcle IV. Geologically hazardous areas
23.10.600 DescripƟon and Purpose.
A. DescripƟon. Geologically hazardous areas are lands that, because of their suscepƟbility to erosion,
landslides, seismic acƟvity, 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 idenƟfying and evaluaƟng the degree of risk associated with specific hazard types.
B. Purpose. The purpose of this arƟcle is to reduce risk to people, property, and the environment by requiring
appropriate site invesƟgaƟon, design, and miƟgaƟon measures; by locaƟng development to minimize hazard
potenƟal; and by maintaining the stability and natural funcƟons of slopes and related landforms. RegulaƟon
of these areas ensures consistency with RCW 36.70A.172 and the use of best available science in managing
geologic hazards.
23.10.610 DesignaƟon and mapping.
A. DesignaƟon. Geologically hazardous areas include areas suscepƟble to erosion, land sliding, earthquakes, or
other geological events. They pose a threat to the health and safety of ciƟzens when incompaƟble
development is sited in areas of significant hazard. Such incompaƟble development may not only place itself
at risk but also may increase the hazard to surrounding development and use. Areas suscepƟble 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 locaƟon and extent of geologically hazardous
areas are shown on the city of Edmonds’ criƟcal areas inventory GIS map. In addiƟon, resources providing
informaƟon on the locaƟon 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. NaƟonal Oceanic and Atmospheric AdministraƟon tsunami hazard maps; and
6. Federal Emergency Management Agency flood insurance maps.
The criƟcal 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
conƟnuously updated as new criƟcal areas are idenƟfied. They are a reference and do not provide a final
criƟcal area designaƟon.
C. Erosion Hazard Areas. Erosion hazard areas are at least those areas idenƟfied by the U.S. Department of
Agriculture’s Natural Resources ConservaƟon 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/EvereƩ series;
c. EvereƩ series.
2. Coastal and stream erosion areas which are subject to the impacts from lateral erosion related to
moving water such as stream channel migraƟon 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 exisƟng
landslide deposits regardless of slope.
D. Landslide Hazard Areas. Landslide hazard areas are areas potenƟally subject to landslides based on a
combinaƟon of geologic, topographic, and hydrologic factors. They include areas suscepƟble because of any
combinaƟon of soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Within the city of
Edmonds potenƟal 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 idenƟfied in the 1979 report of Robert Lowe Associates and amended
by the 1985 report of GeoEngineers, 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 CalculaƟon
4. Any slope of 40 percent or steeper that exceeds a verƟcal 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) meeƟng overall average steepness and height criteria should be considered
potenƟal landslide hazard areas;
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5. Any slope with all three of the following characterisƟcs:
a. Slopes steeper than 15 percent;
b. Hillsides intersecƟng geologic contacts with a relaƟvely permeable sediment overlying a
relaƟvely impermeable sediment; and
c. Springs or ground water seepage;
6. Any area potenƟally unstable as a result of rapid stream incision or stream bank erosion;
7. Any area located on an alluvial fan, presently subject to, or potenƟally subject to, inundaƟon by
debris flow or deposiƟon of stream-transported sediments; and
8. Any slopes that have been modified by past development acƟvity that sƟll 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, seƩlement, soil liquefacƟon, lateral spreading, or surface
faulƟng. These areas are designated as having a “high” and “moderate to high” risk of liquefacƟon as
mapped on the LiquefacƟon SuscepƟbility 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. AlteraƟons of geologically hazardous areas or associated buffers may only occur for acƟviƟes that:
1. Will not increase the threat of geological hazard to adjacent properƟes beyond predevelopment
condiƟons;
2. Will not adversely impact other criƟcal areas;
3. Are designed so that the hazard to the project is eliminated or miƟgated to a level equal to or less
than predevelopment condiƟons; and
4. Are cerƟfied as safe as designed and under anƟcipated condiƟons by a qualified engineer or
geologist, licensed in the state of Washington.
B. CriƟcal FaciliƟes Prohibited. CriƟcal faciliƟes shall not be sited within geologically hazardous areas unless
there is no other pracƟcal alternaƟve.
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23.10.630 Development standards – Specific hazards.
A. Erosion and Landslide Hazard Areas. AcƟviƟes 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 recommendaƟons of a geotechnical report and upon review of, and
concurrence with, a criƟcal 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 resulƟng from landslides
caused in whole or in part by the proposed development..
2. Buffer Requirements. A buffer may be established with specific requirements and limitaƟons,
including but not limited to drainage, grading, irrigaƟon, and vegetaƟon. Buffer requirements shall
be determined by the director consistent with recommendaƟons provided in the geotechnical report
to eliminate or minimize the risk of property damage, death, or injury resulƟng from landslides
caused in whole or part by acƟviƟes within the buffer area, based upon review of and concurrence
with a criƟcal areas report prepared by a qualified professional.
3. AlteraƟons. AlteraƟons of an erosion or landslide hazard area, building setback and/or buffer may
only occur for acƟviƟes for which a hazards analysis is submiƩed and approved. It must cerƟfy that:
a. The alteraƟon will not increase surface water discharge or sedimentaƟon to adjacent
properƟes beyond predevelopment condiƟons;
b. The alteraƟon will not decrease slope stability on adjacent properƟes; and
c. Such alteraƟons will not adversely impact other criƟcal 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 alternaƟve design that deviates from one or more of these
standards provides greater long-term slope stability while meeƟng 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 funcƟon. 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 staƟc condiƟons and 1.2 for dynamic condiƟons. If stability at the
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proposed development site is below these limits, the proposed development shall provide
pracƟcable approaches to reduce risk to human safety and improve the factor of safety for
landsliding so it saƟsfies the limits stated above. In no case shall the exisƟng factor of safety
be reduced for the subject property or adjacent properƟes;
b. Structures and improvements shall be clustered to avoid geologically hazardous areas and
other criƟcal areas;
c. Structures and improvements shall minimize alteraƟons to the natural contour of the slope,
and foundaƟons shall be Ɵered where possible to conform to exisƟng topography;
d. Structures and improvements shall be located to preserve the most criƟcal porƟon of the
site and its natural landforms and vegetaƟon;
e. The proposed development shall not result in greater risk or a need for increased buffers on
neighboring properƟes;
f. The use of retaining walls that allow the maintenance of exisƟng natural slope area is
preferred over graded arƟficial slopes; and
g. Development shall be designed to minimize impervious lot coverage;
5. VegetaƟon RetenƟon. Unless otherwise provided under Allowed AcƟviƟes in ECDC 23.10.080(D) or
as part of an approved alteraƟon, removal of vegetaƟon 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 RestricƟon. 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 condiƟons, except that Ɵmber harvest, not including brush clearing or stump
removal, may be allowed pursuant to an approved forest pracƟce permit issued by the city of
Edmonds or the Washington State Department of Natural Resources;
8. Point Discharges. Point discharges from surface water faciliƟes and roof drains onto or upstream
from an erosion or landslide hazard area shall be prohibited except as follows:
a. Conveyed via conƟnuous storm pipe downslope to a point where there are no erosion
hazard areas downstream from the discharge;
b. Discharged at flow duraƟons matching predeveloped condiƟons, with adequate energy
dissipaƟon, into exisƟng 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 saturaƟon 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 addiƟon to the requirements of this chapter, development
proposals for lands located within the earth subsidence and landslide hazard area as indicated on the criƟcal
areas inventory shall be subject to the provisions of Chapter 19.10 ECDC.
C. Seismic Hazard Areas. AcƟviƟes 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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ArƟcle V. Fish and wildlife habitat conservaƟon areas
23.10.700 DescripƟon and purpose.
A. DescripƟon. Fish and wildlife habitat conservaƟon areas are lands and waters necessary to maintain
populaƟons of species in suitable habitats within their natural geographic distribuƟon, ensuring viable
populaƟons over the long term and avoiding isolated subpopulaƟons. 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 idenƟfied as priority habitats and species
by state or federal agencies or designated by the City.
B. Purpose. The purpose of this secƟon is to:
1. Protect and maintain fish and wildlife populaƟons and their habitats using best available science to
prevent net loss of habitat funcƟons and values.
2. Ensure development and land uses within or adjacent to FWHCAs are compaƟble with long-term
species viability.
3. Give special consideraƟon to measures necessary to preserve or enhance anadromous fish and other
priority species.
23.10.710 DesignaƟon, raƟng, and mapping.
A. DesignaƟon. Any area meeƟng one or more of the following criteria, regardless of any formal idenƟficaƟon,
are hereby designated criƟcal 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 RecommendaƟons for Priority Habitat and Species.
B. Fish and wildlife habitat conservaƟon areas includes:
1. Areas where endangered, threatened, and sensiƟve species have a primary associaƟon. This
includes:
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a. Federally designated endangered and threatened species are those fish and wildlife species
idenƟfied by the U.S. Fish and Wildlife Service and the NOAA Fisheries that are in danger of
exƟncƟon or threatened to become endangered. The U.S. Fish and Wildlife Service and the
NaƟonal Marine Fisheries Service shall be consulted for current lisƟng status.
b. State-designated endangered, threatened, and sensiƟve species are those fish and wildlife
species naƟve to the state of Washington idenƟfied by the Washington Department of Fish
and Wildlife, that are in danger of exƟncƟon, threatened to become endangered, vulnerable,
or declining and are likely to become endangered or threatened in a significant porƟon of
their range within the state without cooperaƟve management or removal of threats. State-
designated endangered, threatened, and sensiƟve species are periodically recorded in WAC
232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensiƟve
species). The State Department of Fish and Wildlife maintains the most current lisƟng and
shall be consulted for current lisƟng status.
2. State priority habitats and areas associated with state priority species. Priority habitats and species
are prioriƟes for conservaƟon and management. Priority species require protecƟve measures for
their perpetuaƟon due to their populaƟon status, sensiƟvity to habitat alteraƟon, and/or
recreaƟonal, 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 vegetaƟon type or dominant plant species, a described successional stage, or a specific
structural element. Priority habitats and species are idenƟfied by the State Department of Fish and
Wildlife.
3. Habitats and species of local importance. Habitats and species idenƟfied by the city of Edmonds that,
due to their populaƟon status or sensiƟvity to habitat manipulaƟon, warrant protecƟon. Habitats
may include a seasonal range or habitat element with which a species has a primary associaƟon, and
which, if altered, may reduce the likelihood that the species will maintain and reproduce over the
long term.
4. Commercial and RecreaƟonal Shellfish Areas. These areas include all public and private Ɵdelands or
bedlands suitable for shellfish harvest, including shellfish protecƟon 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 aquaƟc beds that provide fish or wildlife habitat, including those arƟficial
ponds intenƟonally created from dry areas in order to miƟgate impacts to ponds. Naturally occurring
ponds do not include ponds deliberately designed and created from dry sites, such as canals,
detenƟon faciliƟes, wastewater treatment faciliƟes, farm ponds, temporary construcƟon ponds, and
landscape ameniƟes, unless such arƟficial ponds were intenƟonally created for miƟgaƟon.
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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
jurisdicƟon of the state of Washington, as classified in WAC 222-16-031 (or WAC 222-16-030,
depending on classificaƟon used).
8. Riparian management zones (RMZs). The area that has the potenƟal to provide full riparian
funcƟons for bank stability, shade, polluƟon removal, contribuƟon of detrital nutrients, and
recruitment of large woody debris. In many forested regions of the state, this area occurs within one
200-year site-potenƟal 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 vegetaƟve
community or the polluƟon removal funcƟon, 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 sorƟng 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 enƟrety by reference and summarized as follows:
Table 23.10.720(9) Stream Types
Stream
ClassificaƟon DescripƟon DesignaƟon Criteria
Type F Fish-bearing
with
conƟnuous
flows
Segments of natural waters within the bankfull widths of defined
channels and periodically inundated areas of their associated wetlands, or
within lakes, ponds, or impoundments having a surface area of 0.5 acre or
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 protecƟon 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
criƟcal to the maintenance of opƟmum survival of fish. This
habitat shall be idenƟfied based on the following criteria:
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o The site must be connected to a fish habitat stream and
accessible during some period of the year; and
o The off-channel water must be accessible to fish.
Type N Non-fish-
bearing, with
perennial or
season
flows.
Segments of natural waters within the bankfull width of defined channels
that are non-fish habitat streams.
C. Mapping. The approximate locaƟon and extent of fish and wildlife habitat conservaƟon areas are shown on
the city of Edmonds criƟcal areas inventory. Resources providing informaƟon on the locaƟon and extent of
fish and wildlife habitat conservaƟon 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-potenƟal 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 interƟdal 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 salmonid distribuƟon maps contained in the habitat limiƟng factors
reports published by the Washington ConservaƟon Commission; and
9. Washington State Department of Natural Resources state natural area preserves and natural
resource conservaƟon area maps.
The criƟcal 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 conƟnuously
updated as new criƟcal areas are idenƟfied. They are a reference and do not provide a final criƟcal areas
designaƟon.
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23.10.720 Development Standards - General.
A. AlteraƟons. A fish and wildlife habitat conservaƟon area may be altered only if the proposed alteraƟon of the
habitat or the miƟgaƟon proposed does not degrade the quanƟtaƟve and qualitaƟve funcƟons and values of
the habitat. There are no specific development standards for upland habitats of local importance unless
these areas include another criƟcal area (streams, heron rookeries, steep slopes, etc.). City staff will review
the criƟcal areas report and work with the applicant to minimize effects or improve condiƟons to upland
habitat.
B. Approvals of AcƟviƟes. The director shall condiƟon approvals of acƟviƟes allowed within or adjacent to a fish
and wildlife habitat conservaƟon area as necessary to minimize or miƟgate any potenƟal adverse impacts.
CondiƟons shall be based on the best available science and may include, but are not limited to, the
following:
1. Establishment of buffer zones;
2. PreservaƟon of criƟcally important vegetaƟon and/or habitat features such as snags and downed
wood;
3. LimitaƟon of access to the habitat area, including fencing to deter unauthorized access;
4. Seasonal restricƟon of construcƟon acƟviƟes;
5. Establishment of a duraƟon and Ɵmetable for periodic review of miƟgaƟon acƟviƟes; and
6. Requirement of a performance bond, when necessary, to ensure compleƟon and success of
proposed miƟgaƟon.
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 permiƩed
acƟviƟes adjacent to fish and wildlife habitat conservaƟon areas which may result in fish or wildlife
disturbance (e.g., construcƟon, grading, etc.). Establishment of buffers shall follow
recommendaƟons set forth by a qualified biologist in the project criƟcal areas report except as
provided for riparian management zones in ECDC 23.10.750(E). Required buffer widths shall reflect
the sensiƟvity of the habitat and the type and intensity of the proposed human acƟvity to be
conducted nearby and shall be consistent with the management recommendaƟons issued by the
Washington Department of Fish and Wildlife.
2. Seasonal and Daily Timing RestricƟons. When a species is more suscepƟble to adverse impacts
during specific periods of the year or day, seasonal restricƟons on permiƩed acƟviƟes within or
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adjacent to fish and wildlife habitat conservaƟon areas may be required at the discreƟon of the
director pursuant to recommendaƟons set forth in a criƟcal areas report.
23.10.730 Development standards – Specific requirements.
A. Endangered, Threatened, and SensiƟve Species.
1. No development shall be allowed within a fish and wildlife habitat conservaƟon area or riparian
management zone with which state or federally endangered, threatened, or sensiƟve species have a
primary associaƟon, 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 acƟviƟes are proposed adjacent to a fish and wildlife habitat conservaƟon area with
which state or federally endangered, threatened, or sensiƟve species have a primary associaƟon,
such area shall be protected through the applicaƟon of protecƟon measures in accordance with a
criƟcal areas report prepared by a qualified professional and approved by the director. Approval for
alteraƟon of land adjacent to the fish and wildlife habitat conservaƟon area shall not occur prior to
consultaƟon 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 ProtecƟon Act. Washington State
bald eagle protecƟon 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 acƟviƟes, uses, and alteraƟons proposed to be located in water bodies used by anadromous fish
or in areas that affect such water bodies shall give special consideraƟon to the preservaƟon and
enhancement of anadromous fish habitat, including, but not limited to, adhering to the following
standards:
a. AcƟviƟes shall be Ɵmed to occur only during the allowable work window as designated by
the Washington Department of Fish and Wildlife for the applicable species;
b. An alternaƟve alignment or locaƟon for the acƟvity is not feasible;
c. The acƟvity is designed so that it will not degrade the funcƟons or values of the fish habitat
or other criƟcal areas;
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d. Shoreline erosion control measures shall be designed to use bioengineering methods or soŌ
armoring techniques, according to an approved criƟcal areas report; and
e. Any impacts to the funcƟons or values of the fish and wildlife habitat conservaƟon area are
miƟgated in accordance with an approved criƟcal areas report.
2. Anadromous fish bearing streams: streams exisƟng 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 migraƟon of salmonids shall not be allowed in the porƟon of water
bodies currently or historically used by anadromous fish. Fish bypass faciliƟes shall be provided that
allow the upstream migraƟon of adult fish and shall prevent fry and juveniles migraƟng downstream
from being trapped or harmed.
4. Fills, when authorized, shall not adversely impact anadromous fish or their habitat or shall miƟgate
any unavoidable impacts and shall only be allowed for a water-dependent use.
C. Streams. No alteraƟon to a stream shall be permiƩed 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 construcƟon techniques
and best management pracƟces are used to avoid disturbance to the stream bed or bank. Upon
compleƟon of construcƟon, the area affected shall be restored to an appropriate grade, replanted
with naƟve species and/ or otherwise protected according to a stream miƟgaƟon 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
subsecƟon (D)(2) of this secƟon. In addiƟon, the applicant must demonstrate that best management
pracƟces will be used during construcƟon; provided that:
a. Fisheries protecƟon is maintained, including no interference with fish migraƟon or
spawning;
b. All crossings shall be constructed during summer low flow periods and shall be Ɵmed to
avoid stream disturbance during periods when stream use is criƟcal to salmonids;
c. Crossings shall not occur over salmonid spawning areas unless no other possible crossing
site exists;
d. Crossings and culverted porƟons of the stream shall be minimized to the extent feasible and
serve mulƟple purposes and mulƟple lots whenever possible;
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e. Roads may cross streams only on previously approved rights-of-way, provided no pracƟcal
alternaƟve exists and adequate provision is made to protect and/or enhance the stream
through appropriate miƟgaƟon. Roads shall be designed and located to conform to
topography, and maintained to prevent erosion and restricƟon of the natural movement of
ground water as it affects the stream;
f. Roads and uƟliƟes shall be designed in conjuncƟon 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 alternaƟve alignment or locaƟon 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 FaciliƟes. Stormwater management faciliƟes, limited to ouƞalls, pipes and
conveyance systems, stormwater dispersion ouƞalls and bioswales, may be allowed within riparian
management zone; provided, that:
a. No other locaƟon is feasible;
b. Pipes and conveyance faciliƟes will be in the outer 25 percent of the riparian management
zone;
c. Stormwater dispersion ouƞalls, bioswales, and bioretenƟon faciliƟes may be allowed
anywhere within riparian management zones;
d. Such faciliƟes are designed consistent with requirements of Chapter 18.30 ECDC; and
e. The locaƟon and funcƟon of such faciliƟes will not degrade the funcƟons or values of the
stream or riparian management zone.
D. Riparian Management Zones (RMZ).
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1. Standard RMZ Width by Water Type.
Water Type Standard Width (in feet)
Type F 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 (D)(1) of this subsecƟon, and concomitant to development
and implementaƟon 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 quanƟtaƟve and
qualitaƟve funcƟons and values of the criƟcal area in terms of fish and stream protecƟon 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 reducƟon and provides evidence that funcƟons
and values in terms of stream and wildlife protecƟons will be:
i. Increased or retained through plan implementaƟon for those streams where exisƟng
vegetaƟon is generally intact and providing the funcƟons and values of a riparian zone;
or
ii. Increased through plan implementaƟon for those streams where exisƟng buffer
vegetaƟon is inadequate to protect the funcƟons and values of the stream;
b. The plan documents exisƟng naƟve plant densiƟes and provides for increases in naƟve plant
densiƟes 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 funcƟoning as related to:
i. Bank stability;
ii. Shade;
iii. PolluƟon removal;
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Item 2.3
Packet pg. 128/129
iv. ContribuƟons to detrital nutrients; and
v. Recruitment of large woody debris.
3. City DiscreƟon in ProtecƟon, Enhancement and PreservaƟon 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 oŌen located immediately adjacent to, residenƟal development. The
director is allowed full discreƟon to condiƟon proposals for development on parcels containing,
adjacent to, or potenƟally impacƟng streams consistent with the purposes and objecƟves of this
chapter. CondiƟons on development shall be required to enhance streams and riparian management
zones as fish and wildlife habitat conservaƟon areas to provide increased protecƟon of anadromous
fisheries and potenƟal fish habitat in accordance with best available science and the
recommendaƟons of an approved criƟcal areas report and may include:
a. Removal of stream bank armoring;
b. In-stream habitat modificaƟon;
c. NaƟve planƟng;
d. RelocaƟon of stream channel porƟons to create conƟguous riparian corridors or wildlife
habitat;
e. PlanƟng of stream bank naƟve vegetaƟon to increase stream shading;
f. Removal and control of nonnaƟve, invasive weed species;
g. Requiring addiƟonal building setbacks or modified buffers; and
h. LimiƟng or reducing the types or densiƟes of parƟcular uses.
The right of discreƟon in provisioning development in regard to streams is maintained in order to
provide for the creaƟon of enhanced condiƟons over those currently exisƟng around streams in the
city of Edmonds. In all instances where an applicant cannot demonstrate that Riparian Management
Zone widths as provided in subsecƟon (D)(1) of this secƟon can be accommodated by project
development, the applicant shall be required to submit a project plan or a stream miƟgaƟon and
riparian management zone enhancement plan as part of a criƟcal areas report indicaƟng that post-
project site condiƟons will provide equivalent or greater protecƟon of stream funcƟons and fish
habitat over a riparian management zone and exisƟng site condiƟons.
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Item 2.3
Packet pg. 129/129