Ordinance 03-049 Adopts Critical Areas Regulations of County Code CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 49
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ADOPTING BY REFERENCE CHAPTER 11.20 ENTITLED "CRITICAL AREAS" OF
THE SPOKANE COUNTY CODE AS THE INTERIM CRITICAL AREAS
REGULATION OF THE CITY.
WHEREAS, the City of Spokane Valley will incorporate on March 31, 2002;
WHEREAS, the City of Spokane Valley desires to have enforceable critical areas
regulations in effect on the date of incorporation; and
WHEREAS, the City intends to embark on a comprehensive planning process including
revisiting adopted interim policies and regulations after the date of incorporation when additional
planning staff are available to the City. •
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section 1. interim Critical Areas Regulations. Pursuant to RCW 35A.11.020 and
35A.12.140, the City adopts by reference Section 11.20 entitled the "Critical Areas" of the
Spokane County Code ("Critical Areas Regulations") which is attached hereto as Exhibit "A"
and incorporated by this reference as though set forth in full. All references to "Spokane
County" in Chapter 11.20 shall be construed to refer to the City of Spokane Valley.
Section 2. Adoption of Certain Other Laws. To the extent that any provision of the
Spokane County Code, or any other law, rule or regulation referenced in the attached critical
areas is necessary or convenient to establish the validity, enforceability or interpretation of the
critical areas, then such provision of the Spokane County Code, or other law, rule or regulation is
hereby adopted by reference.
Section 3. Reference to Hearing Bodies. When the attached Critical Areas
Regulations refer to planning commissions, board of appeals, hearing examiner, or any other
similar body, the City Council shall serve in all such roles, but retains the right to establish any
one or more of such bodies, at any time and without regard to whether any quasi-judicial or other
matter is then pending.
Section 4. Critical Areas—Copies on File. The City Clerk is to maintain one copy on
file of the Critical Areas Regulations adopted by this ordinance.
Section 5. Liability. The express intent of the City of Spokane Valley is that the
responsibility for compliance with the provisions of this ordinance shall rest with the permit
applicant and their agents. This ordinance and its provisions are adopted with the express intent
Ord.No.49 3/8/2003 I
to protect the health, safety, and welfare of. the general public and are not intended to protect any
particular class of individuals or organizations.
Section 6. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided publication of this Ordinance or a summary thereof occurs
in the official newspaper of the City as provided by law.
PASSED by the City Council this /PP" day of March,2003.
/1 , 1
Mayor, Michael DeVlemmg
ATTEST:
41P..t_ . _/ •11i
Interim City Clerk, Ruth Muller
Approved as to Form:
ledtarif
■ City . o ey, S M. Schwartz
Da e of Publica ion: NA .L. 2 7 Zeo3
Effective Date: Sl, GI-603
Ord.No.49 3/8/2003 2
1 k
Spokane County Code
Chapter 11.20
CRITICAL AREAS ORDINANCE
For the Protection of Wetlands, Fish and Wildlife Habitats
and Geo-hazard Areas
Approved March 26, 1996 by Resolution No. 96-0302, executed July 9, 1996 and
effective August 1, 1996
TABLE OF CONTENTS
Section Page
11.20.010 TITLE, PURPOSE AND INTENT 5
11.20.020 DEFINITIONS 9
11.20.030 GENERAL PROVISIONS
A. Applicability 17
Table 11.20.030A - Allowable Uses and Activities within
Wetlands, Fish and Wildlife Habitats and Geo-hazard Areas . . 17
B. Coordination with Other Permit Processes 19
C. Process-Regulation of Wetlands, Fish and Wildlife Habitats
and Geo-hazard Areas 20
D. Wetland, Fish and Wildlife Habitats and Geo-hazard Maps 21
E. Protection of Public 21
F. Compliance by Owners 21
G. Appeal of an Administrative Decision 21
H. Appeal of a Decision by the Hearing Body 22
I. Notice of Appeal for Administrative Actions . 22
J. Nonconforming Provisions . . 22
Amendments 23
EnforcementNiolation Penalty 23
11.20.040 EMERGENCY PERMITS, REASONABLE USE EXCEPTION 27
A. Emergency Activities - Temporary Emergency Permit 27
B. Reasonable Use Exception 27
11.20.050 WETLANDS 29
A. Wetland Reports 29
B. Wetlands Rating System 29
C. Wetland Buffer Areas 31
D. Wetland Mitigation 33
E. Protection of Wetlands and Wetland Buffer Areas 38
F. Time Period, Authorized Activity 39
G. Bonding or Other Financial Performance Guarantee . . . .39
Chapter 1120 Spokane County Critical Areas Ordinance
Printed August 1996 -
EXHIBIT A Ordinance 49
r
11.20.060 FISH & WILDLIFE HABITAT & SPECIES CONSERVATIONAREAS .41
A. Priority Habitats and Species Designation . . . . 41
Table 11.20.060A, Priority Habitats and Species of Spokane County. . .45
B. Regulated Uses and Activities in Priority Habitats 45
C. Performance Standards for Regulated Uses and Activities . . . . 45
D. Habitat Management Plans 47
E. Financial Guarantees 48
F. Habitats and Species of Local Importance 49
G. Incentives and Stewardship Options 49
11.20.070 GEOLOGICALLY HAZARDOUS AREAS . . 51
A. Classification Characteristics 51
B. Identification and Mapping . 51
C. Regulations 52
D. Geo-hazard Mitigation Plan and Geo-hazard Evaluation .52
11.20.080 INCENTIVES 55
A. Property Tax and Income Tax Advantages 55
B. On-Site Density Transfer 55
C. Transfer of Development Rights 55
11.20.090 APPENDICES 57
Appendix A - Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (1987), as amended 57
Appendix B - Washington State Wetlands Rating System for
Eastern Washington, as amended . .58
Appendix C - Classification of Wetland and Deep Water Habitats
of the United States (1979), as amended 59
Appendix D - Information to be Included in a Wetland Report . . 60
Appendix E - Title Notice for Wetlands and Wetland Buffer Areas .62
Appendix F - Management Recommendations for Washington's
Priority Habitats and Species (1991), as amended 64
Appendix G - Washington Priority Habitats and Species (1993), as
amended 65
Appendix H - Building Site Development Water Erosion Hazard .66
Appendix I - LS Values Table 71
Chapter 11.20 2 Spokane County Critical Areas Ordinance
Printed August 1996
$
Spokane County Code
Chapter 11.20
CRITICAL AREAS ORDINANCE
For the Protection of Wetlands, Fish and Wildlife Habitats
and Geo-hazard Areas
Sections:
11.20.010 Title, Purpose and Intent
11.20.020 Definitions
11.20.030 General Provisions
11.20.040 Emergency Permits, Reasonable Use Exception
11.20.050 Wetlands
11.20.060 Fish &Wildlife Habitat & Species Conservation Areas
11.20.070 Geologically Hazardous Areas
11.20.080 Incentives
11.20.090 Appendices
11.20.010- TITLE, PURPOSE AND INTENT
A. Title
This ordinance shall be known and may be cited as the "Critical Areas Ordinance For
The Protection of Wetlands, Fish & Wildlife Habitats and Geo-hazard Areas".
B. Purpose
The purpose of this ordinance is to implement the eleven overall critical area goals and
also the general and specific.goals, objectives and decision guidelines contained in the
Spokane County Comprehensive Plan for wetlands, fish and wildlife habitats and geo-
hazard areas. The general goals for wetlands, fish and wildlife habitat and geo-hazard
areas are listed below:
1. Wetlands
a. Ensure "no net overall loss" of wetland functions, value and quantity as a
result of land use activities and establish a long term goal of measurable
gain of wetlands function and value;
b. Establish wetlands management programs which include identification of
wetlands and a classification system;
c. Protect and enhance wetlands so that they are able to perform their
inherent natural functions and maintain their beneficial values; and
Chapter 11.20 3 Spokane County Critical Areas Ordinance
Printed August 1996
4
d. For agricultural-related activities within a wetland or its buffer area,
encourage agricultural producers to use best management practices and
to follow existing federal and state laws.
2. Fish & Wildlife Habitat Conservation Areas
a. Identify Fish & Wildlife Habitat Conservation Areas and their ecosystems.
Recognize the multiple values of Fish & Wildlife Habitat Conservation Areas,
and educate people as to these values.
b. Protect, maintain, and improve Fish & Wildlife Habitat Conservation Areas,
species and habitats of local importance through a variety of methods
including public ownership of the most critical areas and incentives for land
privately owned.
c. Spokane County should minimize fragmentation of habitat: 1) by protecting
important fish & wildlife areas and open space: and 2) by interconnecting
corridors to form a continuous network of wildlife habitat and ecosystems.
d. Spokane County should strive to ensure that priority fish & wildlife species,
as identified by the Department of Wildlife, and species of local importance,
do not become increasingly imperiled due to land use changes, habitat
alteration, and other human activities.
3. Geologically Hazardous Areas
a. Development should be discouraged in geologically hazardous areas unless
it can be demonstrated that said hazard areas can be developed consistent
with public health or safety. Development or improvements may be
encouraged specifically to mitigate certain hazards.
b. Geologically hazardous areas should be used as open space, recreational,
rangeland, forest, wildlife habitat, and other appropriate uses.
4. General Purpose of this Ordinance
a. Protect the public health, safety and welfare by preserving, protecting,
restoring and managing through the regulation of development and other
activities within wetland, fish &wildlife habitat conservation areas and
geologically hazardous areas.
b. Recognize wetlands, fish & wildlife habitat conservation areas and
geologically hazardous areas are important natural resources which provide
significant environmental functions and values including: vital importance to
critical fish and wildlife habitat, surface and ground water quality, aquifer
recharge, flood control, shoreline anchorage and erosion control, scientific
research and education, open space, aesthetic values, historic and cultural
preservation, passive recreation and contribute to quality of life currently
enjoyed by citizens of Spokane County.
c. Maintain consistency with state and federal protective measures,
d. Avoid duplication and over-regulation by limiting regulatory applicability to
those development and activities with significant impacts,
Chapter 11.20 4 Spokane County Critical Areas Ordinance
Printed August 1996
e. Minimize impacts of regulation on private property rights;
f. Identify and protect wetlands, fish & wildlife habitat conservation areas and
geologically hazardous areas without violating any citizens constitutional
rights; and
g. Alert appraisers, assessors, owners and potential buyer or lessees of
property to the development limitation within wetlands, fish & wildlife habitat
conservation areas and geologically hazardous areas.
C. Intent
The intent of these regulations is to avoid, or in appropriate circumstances, to minimize,
rectify, reduce or compensate for impacts arising from land development and other
activities affecting wetlands, fish & wildlife habitat conservation areas and geologically
hazardous areas and to maintain and enhance the biological and physical functions and
values of these areas. When avoiding impacts is not reasonable, mitigation should be
implemented to achieve no net loss of wetlands in terms of acreage, function and value.
When avoiding impacts to wetlands is not reasonable, mitigation should be
implemented to achieve no net loss of wetlands in terms of acreage, function and value.
It is recognized that land development will not always be compatible with preservation
of fish and wildlife and their habitats. Some wildlife will be eliminated as development
occurs. It is the intent of these regulations to preserve wildlife when possible through
thoughtful planning and consideration of wildlife needs.
It is the intent of these regulations to allow development in geo-hazard areas only when
hazards can be mitigated to protect the public health, safety and general welfare.
In addition, the intent of these regulations is to recognize that property rights and
public services are an essential component of our legal and economic
environment. Where such rights and public services are seriously compromised
by the regulations contained in this ordinance, impacts may be permitted
provided there is appropriate mitigation.
Chapter 11.20 5 Spokane County Critical Areas Ordinance
Printed August 1996
11.20.020- DEFINITIONS
For the purposes of this chapter, the following definitions shall apply:
"Activity" or "Activities" See "Regulated Activity".
"Agricultural activities" means those activities conducted on lands defined in RCW
84.34.020(2), as now or hereafter amended, which are either:
(a) lands in any contiguous ownership of twenty or more acres
(i) devoted primarily to the production of livestock or agricultural commodities for
commercial purposes, or
(ii) enrolled in the federal conservation reserve program or its successor
administered by the United States Department of Agriculture;
(b) any parcel of land five acres or more but less than twenty acres devoted
primarily to agricultural uses, which has produced a gross income from
agricultural uses equivalent to one hundred dollars or more per acre per year for
three of the five calendar years preceding the date of application for
classification under this chapter; or
(c) any parcel of land of less than five acres devoted primarily to agricultural uses,
which has produced a gross income from agricultural uses equivalent to one
thousand dollars or more per acre per year for three of the five calendar years
preceding the date of application for classification under this chapter.
Agricultural lands shall also include farm wood lots of less than twenty and more than
five acres and the land on which appurtenances necessary to the production,
preparation or sale of the agricultural products exist in conjunction with the lands
producing such products.
Agricultural lands shall also include any parcel of land of one to five acres, which is not
contiguous, but which otherwise constitutes an integral part of farming operations being
conducted on land qualifying under this section as "farm and agricultural lands."
Agricultural activities shall also include those existing and ongoing activities involved in
the production of crops or livestock, for example, the operation and maintenance of
farm and stock ponds or drainage ditches, operation and maintenance of ditches,
irrigation drainage ditches, changes between agricultural activities and normal
maintenance, repair, or operation of existing serviceable structures, facilities, or
improved areas. Activities which bring an area into agricultural use are not part of an
ongoing operation. An operation ceases to be ongoing when the area on which it is
conducted is converted to a non-agricultural use or has lain idle for more than five
years, unless the idle land is registered in a federal or state soils conservation program,
or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage
ditches related to an existing and ongoing agricultural activity, Forest practices are not
included in this definition.
"Applicant" means a person who files an application for permit under this chapter and
who is either the owner of the land on which that proposed Regulated Activity would be
located, or is the authorized agent of the owner.
Chapter 11.20 6 Spokane County Critical Areas Orriinance
Printed August 1996
"Board" means the Board of Spokane County Commissioners.
"Buffer Area" means a designated area along the perimeter of a wetland, fish & wildlife
habitat or other critical area which is regulated to minimize impacts of adjacent activities
and uses from intruding into the aquatic resource.
"Building envelope" means an area where regulated activities and uses are confined.
"Compensatory mitigation" means replacing project-induced wetland losses or
impacts, and includes, but is not limited to, the following:
a. Enhancement. Actions performed to improve the conditions of existing degraded
wetlands so that one or more of the functions they provide are of a higher quality.
b. Restoration. Actions performed to reestablish wetland functional characteristics
processes or acreage which have been lost by alterations, activities, or
catastrophic events.
c. Creation. Actions performed to intentionally establish a wetland at a site where it
did not formerly exist.
"Critical Areas" means areas as defined in the Spokane County Comprehensive Plan.
"Dedication" means conveyance of land to the County or other not-for-profit entity by
deed or other instrument of conveyance.
"Degraded wetland" means a wetland altered through impairment of some physical or
chemical property which results in reduction of one or more wetland functions and
values.
"Density transfer" means the process of transferring all or some portion of the amount
of development associated with a site to another portion of the site.
"Department" means the Public Works Department of Spokane County.
"Developable area" means land outside of wetlands, wetland buffers or any other
restricted area on a particular piece of property.
"Development" means any construction or expansion of a building, structure, or use;
any change in use of a building or structure or changes in the use of land that require a
development permit from the County.
"Director" means the official of Spokane County designated to carry out the planning
functions pursuant to RCW 36.70 and RCW 36.70A or his/her authorized designee.
"Documented habitat" means habitat where endangered, threatened, sensitive
species or species of local importance have been "documented" or are known to exist
as confirmed by state or federal agencies".
Chapter 11.20 7 Spokane County Critical Areas Ordinance
Printed August 1996
"Ecosystem" means a dynamic and interrelating complex of plant and animal
communities and their associated environment.
"Emergent wetland" means a wetland with at least 30 percent of the surface area
covered by erect, rooted, herbaceous wetland vegetation as the uppermost vegetative
strata.
"Enhancement" See "Compensatory mitigation."
"Erosion" means the wearing away of the ground surface as a result of mass wasting
or the movement of wind, water, soil and/or ice.
"Exotic" means any species of plants or animals that are foreign to the planning area.
"Extraordinary hardship" means that the strict application of the provisions of this
ordinance and/or rules adopted to implement this ordinance would prevent all
reasonable use of the property.
"Fish & Wildlife Habitat Conservation Areas" are defined in WAC-365-190-080 (5)
as "Fish & Wildlife Habitat Conservation means land management for maintaining
species in suitable habitats within their natural geographic distribution so that isolated
subpopulations are not created. This does not mean maintaining all individuals of all
species at all times, but it does mean cooperative and coordinated land use planning is
critically important among counties and cities in a region".
Fish and wildlife habitat conservation areas include:
a) areas with which primarily endangered, threatened and sensitive species have a
primary association and;
b) habitats and species of local importance;
c) naturally occurring ponds under twenty acres and their submerged aquatic beds
that provide fish or wildlife habitat;
d) waters of the state;
e) lakes, ponds, streams, and rivers planted with game fish by a governmental or
tribal entity; or
f) state natural area preserves and natural resources conservation areas;
g) wildlife corridors and landscape linkages;
h) candidate and monitored species priority habitats and areas in which priority
species have a primary association as identified by the Department of Fish and
Wildlife (WDFW) in the priority habitat and species lists;
Chapter'F.20 8 Spokane County Critical Areas Ordinance
Printed August l99 6
Priority habitats as identified by WDFW are areas with one or more of the following
attributes:
• comparatively high wildlife density,
• high wildlife species richness,
• significant wildlife seasonal ranges,
• wildlife travel corridors,
• limited availability and/or highly vulnerable habitat.
Priority habitats in Spokane County include wetlands, riparian areas, urban natural
open space, shrub steppe, moose habitat, elk habitat, white tail deer winter range,
cavity nesting duck habitat, water fowl habitat, cliff/bluff and old growth forest.
"Forested wetland" means a wetland area with at least 30 percent of the surface area
covered by woody vegetation greater than 20 feet in height and be at least one half
acre in size or comprise at least 10% of the total area of the wetland.
"Forest practice" means any activity conducted on or directly pertaining to forest land
relating to growing, harvesting, or processing timber; including but not limited to:
a) road and trail constructions;
b) harvesting, final and intermediate;
c) precommercial thinning;
d) reforestation;
e) fertilization;
f) prevention and suppression of diseases and insects;
g) salvage of trees; and
h) brush control.
(i) forest practice shall not include preparatory work such as tree marking, surveying
and road flagging, and removal or harvesting or incidental vegetation from forest
lands such as berries,
j) ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot
normally be expected to result in damage to forest soils, timber, or public
resources (RCW 76.09.020(8)) -
"Forest Practice Class 4" means as defined by the Forest Practice Act WAC 222-16-
030, as now or hereafter amended.
"Functions" "beneficial functions," or "functions and values" means the beneficial
roles served by wetlands including, but not limited to, water quality protection and
enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance
and attenuation, groundwater recharge and discharge, erosion control, wave
attenuation, historical and archaeological and aesthetic value protection, and
recreation. These beneficial roles are not listed in order of priority.
"Geologically Hazardous Areas" means areas that because of their susceptibility to
erosion, sliding, earthquake, or other geological events, are not suited to siting
commercial, residential, or industrial development consistent with public health or safety
concerns.
Chapter 11.20 9 Spokane County Critical Areas Ordinance
Printed August 1996
"Grading" means excavation or fill or any combination thereof, including but not limited
to the establishment of a grade following the demolition of a structure or preparation of
a site for construction or development.
"Hearing Body" means the individual, committee, or agency designated by the Board
of County Commissioners to conduct public hearing and render decisions on
subdivisions, amendments, special permits, conditional uses, appeals and other
matters as set forth in the Spokane County Zoning Code.
"High quality vegetative buffer" means a wetland buffer comprised of multilevel
dense native vegetation including shrubs.
"Hydric soil" means soil that is saturated, flooded or ponded long enough during the
growing season to develop anaerobic conditions in the upper part. The presence of
hydric soil shall be determined following the methods described in the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands.
"Hydrophytic vegetation" means macrophytic plant life growing in water or on a
substrate that is at least periodically deficient in oxygen as a result of excessive water
content. The presence of hydrophytic vegetation shall be determined following the
methods described in the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands.
"In-kind mitigation" means the restoration or replacement of a wetland with vegetation
and other characteristics closely approximating those of a specified wetland.
"Isolated wetlands" means those wetlands which:
a) Are outside of and not contiguous to any 100-year floodplain of a lake, river, or
stream: and
b) Have no contiguous hydric soil or hydrophytic vegetation between the wetland
and any surface water.
"Landscape linkages" means a movement corridor in which the complete range of
community and ecosystem processes continue to operate through time. Plants and
small animals are able to move between larger landscapes over a period of
generations.
"Maintenance" see definition of"Repair or maintenance."
"Mitigation" means the use of any or all of the following actions listed in descending
order of preference:
a) Avoiding the impact altogether by not taking a certain action or parts of an action;
b) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps
to avoid or reduce impacts;
c) Rectifying the impact by repairing, rehabilitating or restoring the affected
environment;
Chapter 11.20 10 Spokane County Critical Areas Ordinance
Printed August 1996
1
d) Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the action;
e) Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; or
f) Monitoring the impact and the compensation project and taking appropriate
corrective measures. Mitigation may include a combination of the above
measures.
"Monitoring" means a periodic evaluation of a wetlands restoration, creation or
enhancement site to determine changes at the site, such as vegetation growth,
hydrologic changes, and soil development, use of the site by birds and animals.
"Native vegetation" means vegetation on a site or plant species which are indigenous
to the area in question; or if the site has been cleared, species of a size and type that
were on the site or reasonably could have been expected to have been found on the
site at the time it was cleared.
"Nonconforming development" means a use or structure which was lawfully
constructed or established prior to the effective date of this ordinance or amendments
thereto, but which does not conform to present regulations or standards contained in
this ordinance.
"Noxious weeds" means those plants which are non-native, highly destructive and
competitive as defined by RCW 17.10, as now or hereafter amended.
"Off-site mitigation" means restoration or replacement of a wetland within its primary
drainage basin, but not adjacent to the site on which a wetland has been or will be
degraded. Locations within the County will be given preference over those outside the
County.
"On-site mitigation" means restoration or replacement of wetland at or very near the
site where a wetland has been or will be degraded by a regulated activity.
"Open water component" means wetlands having any areas of standing water
present for more than one month at any time of the year without emergent, scrub-shrub,
or forested.vegetation. Open water includes any aquatic beds.
"Ordinary high-water mark" means that mark on streams, lakes or water bodies that
will be found by examining the bed and banks and ascertaining where the presence and
action of waters are so common and usual, and so long continued in normal years, as
to mark on the soil a character distinct from that of the abutting upland in respect to
vegetation.
"Out-of-kind mitigation" means the restoration or creation of a wetland with
vegetation and other characteristics not resembling.those of a specified wetland.
Chapter 11.20 11 Spokane County Critical Areas Ordinance
Printed August 1996
\J\ 1
"Owner" means any person having title to, a substantial beneficial proprietary interest
in, or control of a building or property, including but not limited to a lessee, guardian,
receiver or trustee, and the owner's duly authorized agent.
"Person" means a natural person, his/her heirs, executors, administrators or
assignees, or a firm, partnership or corporation and its*or their successors and
assignees, or a governmental entity.
"Person aggrieved" a corporation, company, association, society, firm, partnership or
joint stock company, as well as an individual, a state, and all political subdivisions of a
state or any agency or instrumentality thereof, not in agreement with a decision made
by the Department or Hearing Body.
"Pollution" means such contamination, or other alteration of the physical, chemical or
biological properties of wetlands, or such discharge of any liquid, gaseous, solid,
radioactive or other substance into wetlands as will or is likely to cause a nuisance or
render such wetlands harmful, detrimental or injurious to the public health, safety or
welfare, or to domestic, commercial, industrial, agricultural, recreational or other
legitimate beneficial uses, or to livestock, wildlife, fish, native vegetation or other aquatic
life.
"Practicable alternative" means an alternative that is available and capable of being
carried out after taking into consideration cost, existing technology, and logistics in light
of overall project purposes, and having less impacts to wetlands. It may involve using
an alternative site in the general region that is available to the applicant and may
feasibly be used to accomplish the project.
"Primary drainage basin" means the basin of the stream or tributary within which a
project is proposed, not including basins of major tributaries. For the purpose of this
regulation: the primary drainage basin of Latah Creek is not a part of the primary
drainage basin of the Spokane River; the primary drainage basin of Marshall Creek is
not a part of the primary drainage basin of Latah Creek.
"Priority Habitats and Species" means a fish or wildlife habitat or species that has
been identified by the Washington State Department of Fish and Wildlife in the Priority
Habitat and Species Program or by Spokane County as a species of local importance.
"Qualified Biologist" means the holder of a four year degree in biology with an
emphasis in fish and wildlife biology from an accredited university and at least two
years field experience evaluating land use impacts on fish and wildlife species and their
habitats.
"Qualified Erosion or Landslide Specialist" means an individual or team that has
both the academic qualifications and field experience to implement the provisions of
this ordinance.
"Qualified Wetlands Specialist" means the holder of SWS (Society of Wetland
Scientists) certification or has the equivalent in academic qualifications and field
experience for making competent wetlands delineation's, reports and recommendations
necessary to implement the provisions of this ordinance.
Chapter 11.20 12 Spokane County Critical Areas Ordinance
Printed August 1996
N 1
"Regulated Activity" means any of the activities which are directly undertaken or
originate in a wetland or its buffer as provided for in Section 11.20.050 of this
ordinance.
"Repair or maintenance" repair means to restore a development to its original
condition within a reasonable period after decay or partial destruction except where
repair involves total replacement which is not common practice or causes substantial
adverse effects to the resource or environment; maintenance means those usual acts
to prevent a decline, lapse or cessation from a lawfully established condition.
"Restoration" See "Compensatory mitigation."
"Riparian wetlands" means the transitional area between aquatic and upland
ecosystems that is identified by the presence of vegetation that requires or tolerates
free or unbound water or conditions that are more moist than normally found in the
area.
"Scrub-shrub wetland" means an area of vegetated wetland with at least 30 percent
of its surface area covered by woody vegetation less than 20 feet in height as the
uppermost strata.
"Serviceable" means presently usable.
"Site" means any lot or parcel of land or contiguous combination thereof, where
activities are proposed, performed or permitted.
"Subject property" means the site where an activity requiring a permit or approval
under this ordinance will occur.
"Unavoidable and necessary impacts" means impacts to wetlands that remain after
an applicant for a wetland permit has demonstrated that no practicable alternative
exists for the proposed project.
"Urban Impact Area" means that existing area which is affected by urban-type growth
but is further delineated in Section 14 of the Spokane County Generalized
Comprehensive Plan or the subsequent Urban Growth Areas designated by a County
pursuant to RCW 36.70A.110.
"Utilities" means enterprises or facilities serving the public by means of an integrated
system of collection, transmission, distribution, and processing facilities through more or
less permanent physical connections between the plant of the serving entity and the
premises of the customer. Included are systems for the delivery of natural gas,
electricity, telecommunications services, and water, and for the disposal of sewage.
"Vegetative classes" means certain types of wetlands as defined by the U.S. Fish and
Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United
Chapter 11.20 13 Spokane County Critical Areas Ordinance
Printed August 1996
States, FWS/OBS-79-31 (Cowardin et al., 1979, or hereinafter amended), and must be
at least 1/2 acre in size or comprise at least 10% of the entire wetland.
"Vernal wetland system" means seasonal depressional wetlands typically occurring
high in the drainage that derive their hydrology from rainfall and snow and a small
immediate watershed. Vernal systems are formed as a result of accumulation of
surface water in an isolated basin that at no time of the year would have a natural inlet
or outlet and water is entirely absent from the surface part of the year.
"Water dependent" means a use which cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations; such as, but
not limited to bridges, marinas, dams for domestic/industrial water supply, flood control,
and/or hydroelectric production; water diversion structures and facilities for water
supply, irrigation and/or fisheries enhancement; flood water and drainage pumping
plants and facilities; hydroelectric generating facilities and appurtenant structures;
structural and nonstructural flood damage reduction facilities, and stream bank
stabilization structures and practices.
"Wetland" or "Wetlands" means those areas in Spokane County that are inundated or
saturated by surface or ground water at a frequency and a duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Wetlands may include those artificial
wetlands intentionally created from nonwetland areas created to mitigate conversion of
wetlands, if permitted by the county or city (RCW 36.70A.030) For identifying and
delineating a wetland, Spokane County shall rely on the methodology contained in the
Wetland Delineation Manual.
"Wetland banking" involves the off-site created, restoration, and/or enhancement of
wetlands to compensate for unavoidable wetlands impacts associated with
development. The newly created or restored site functions as a 'bank' which can issue
credits to compensate for future wetland impacts.
"Wetland buffer" or "wetland buffer area" is an area that surrounds and protects a
wetland from adverse impacts to the functions and values of a wetland. The buffer
width shall be determined according to the rating assigned to the wetland in accordance
with Section 11.20.050 of this ordinance. Buffer width is measured outward from the
wetland boundary.
"Wetlands Delineation Manual" means the 1987 U.S. Army Corps of Engineers
Wetland Delineation Manual used in conjunction with the "Washington Regional
Guidance on the 1987 Wetland Delineation Manual" dated May 23, 1994, as amended
or any other wetlands delineation adopted or recommended for use by the Washington
State Department of Ecology.
"Wetlands exempt from regulation" means those artificial wetlands intentionally
created from non-wetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities,
Chapter 11.20 14 Spokane County Critical Areas Ordinance
Printed August 1996
farm ponds, landscape amenities (RCW 36.70A.030), and wetlands created by existing
and ongoing mining operations.
• "Wetlands of local significance" means wetlands evaluated by established criteria
and given a higher designation as either Class 1 or Class 2 wetlands.
"Wetlands permits" means any permit, modification, revision or variance issued,
conditioned or denied pursuant this ordinance.
"Wetland types" means the wetland classes or subclasses of the wetlands taxonomic
classification system described in the U.S. Fish and Wildlife Service's Classification of
Wetlands and Deepwater Habitats of the United States, FWS/OBS-79/31 (Cowardin et
al., 1979 or hereinafter amended).
"Wildlife corridor" means a landscape feature that facilitates the biologically effective
transport of animals between larger patches of habitat dedicated to conservation
functions. Such corridors may facilitate several kinds of traffic, including frequent
foraging movements, seasonal migrations, or the once in a lifetime dispersion of
juvenile animals. These are transitional habitats and need not contain all the habitat
elements required for the long-term survival or reproduction of its migrants.
Chapter 11.20 15 Spokane County Critical Areas Ordinance
Printed August 19%
•
11.20.030 - GENERAL PROVISIONS
A. Applicability
This ordinance shall apply to all unincorporated areas of Spokane County. No action
shall be undertaken by any person which results in any alteration of a wetland, fish and
wildlife habitat or geologically hazardous area as defined in this ordinance except in
conformance with this ordinance. Uses and activities listed in Table 11.20.030A are
allowed in wetlands, fish and wildlife habitat areas, geologically hazardous areas and
their buffer areas only if:
(1) The use or activity is in compliance with the requirements of this ordinance and
(2) The use or activity is in compliance with all other applicable provisions of the
Spokane County Code.
TABLE 11.20.030A--Allowable Uses And Activities Within Wetlands, Fish And Wildlife
Habitats And Geo-Hazard Areas
Uses & Act. Permitted Wetlands & Fish & Wildlife Geo-Hazard
Without County Review Buffers Habitats Areas
Passive Recreation, P P P
Scientific Research
Agriculture - Existing, P P P
On-going
Agriculture Ditch
Maintenance P P P
Floating Docks,
Boat Mooring, Buoys P P P
Conservation Activities P P P
Harvesting of Wild Crops P P P
Noxious Weed Control P P P
Open Space, Natural Area P P P
Road Repair& Maintenance P P P
Signs (interpretive markers) P P P
Utilities Repair Maintenance P P P
Diseased Vegetation Removal,
Vegetation Removal Within 30'
of Existing Structure P P P
Chapter 11.20 16 Spokane County Critical Areas Ordinance
Printed July 1997
TABLE 11.20.030A (continued)
Uses & Act. Regulated Wetlands & Fish and Wildlife Geo-Hazard
Buffers Habitats Areas
Water Well Pump House, Wild-
life Blind, Nesting Structure P P P
Single Family Residence and
Accessory Structures & Decks S S S
Septic Drainfield for
Single Family Residence S P S
Single Family Private Access
Road/Driveway S S S
Building Construction,
Institutional, Commercial,
Industrial, Recreational S S S
Agriculture Building S S S
Excavation, Filling, Grading
< 30 Cubic Yards S S P
Excavation, Filling, Grading,
>30 Cubic Yards S S S
Dredging S S NA
Road, Expansion of Existing
Corridor Road or Bridge, S S S
Road, New Public or Private,
Sensing more than 1 Residence S S S
Pedestrian/Bike Trail, S S P •
Aquatic Vegetation
Management S P NA
Vegetation Removal, non-
forest practice S S P
Vegetation Removal, Forest
Practice Class I S S P
Chapter 11.20 17 Spokane County Critical Arras Ordinance
Printed July 1997
Vegetation Removal, Forest
Practice Class II, Ill SP SP SP
Vegetation Removal, Forest
Practice Class IV S S S
(general conversions)
Stormwater Detention/Disposal
Facility S S S
Utility Facility S S S
Utility Transmission Lines S S S
Radio/TV Towers S S S
Parks, Camps S S S
Golf Course S S S
P = Permitted Without County Review Under This Ordinance
S = Allowed Subject To Standards Of This Ordinance
SP = State Permit Subject To Standards Of This Ordinance
NA = Not Applicable
Note: Other uses and activities not listed may be allowed by the Director subject to the
purpose and intent of this ordinance.
B. Coordination with Other Permit Processes
1. This ordinance does not require any permit in addition to those otherwise
required by County ordinances.
2. The performance standards and other requirements of this ordinance shall be
applied to uses and activities shown in Table 11.20.030A through any permit or
approval process otherwise required by County ordinances.
3. Uses and activities in a critical area or buffer for which no permit or approval is
required by any other county ordinance remain subject to the performance
standards and other requirements of this ordinance. However, this ordinance
does not require any review or approval process for such uses and activities.
4. Spokane County may approve, with conditions or deny any permit application for
a use or activity listed in Table 11.20.030A in order to comply with the
requirements of this ordinance.
Chapter 11.20 18 Spokane County Critical Areas Ordinance
Printed July 1997
C. Process - Regulation of Wetlands, Fish and Wildlife Habitats and Geo-hazard
Areas
Development or Land
Use Application
Application involves
Follow Existing Application a Regulated Use or
Process NO Activity
YES
NO Activity or Use
Located in a Critical
Area
YES
Wetland Fish and Wildlife Geo-Hazard Area
Habitat
Apply Ordinance
Requirements as Field Investigation and Evaluation to Apply
Conditions of Requirements of Ordinance or Determine
Approval Need for Additional Information
Additional Information Required
Wetlands Report Fish and Wildlife Geo-Hazard Area
Management Plan Mitigation Plan
Protection Measures
Required or
Recommended
Permit Decision
NOTE: Appeal process follows route of associated permit. Appeals of administrative decisions regarding
provisions of this ordinance use the administrative appeal process contained with the Spokane County Zoning
Chapter 11.20 19 Spokane County Critical Areas Ordinance
Printed June 1999
•
•
D. Wetland, Fish & Wildlife Habitats and Geo-hazard Maps
The Spokane County Division of Building & Planning maintains maps of wetlands, fish
and wildlife habitats and geo-hazard areas to provide information to the public and to
aid in administration of this ordinance. The maps are not regulatory in nature. The
maps will be used to identify the possible existence of wetlands, fish and wildlife
habitats and geo-hazard areas. The maps in conjunction with site visits and other
information will be used as a basis for requiring field investigations such as wetland
reports, fish and wildlife management plans and geo-technical studies. In the event of
a conflict between the information shown on the maps and information shown as a
result of field investigations, the latter shall prevail.
Additions or corrections to the maps shall be made when additional information is
available and updated on a periodic basis. Omission of a site from the map will not
exempt the site from complying with the provisions of this ordinance. When an
interpretation is needed as to the existence of a wetland, fish and wildlife habitat or geo-
hazard area, the Director shall make such determination according to the criteria and
characteristics contained in this ordinance and consultation with an agency or agencies
of expertise as deemed appropriate by the Director.
E. Protection of General Public
It is expressly the purpose of this ordinance to protect the health, safety and welfare of
the general public.
F. Compliance by Owners
It is the specific intent of this ordinance to place the obligation of complying with its
requirements upon the owner of the property or land within its scope and provisions.
G.Appeal of an Administrative Decision
Any administrative decisions regarding requirements of this ordinance may be appealed
using the appeal procedure of the associated application. In the case of an appeal of
an administrative decision for which there is no associated application or where the
decision on the associated application has not been rendered, the appeal shall be filed
with the Hearing Body.
Any person aggrieved by an administrative decision or interpretation of this ordinance
by the Department may make written request for a public hearing before the Hearing
Body to contest such decision. Such request shall contain reference to the specific
decision or interpretation contested and shall be delivered to the Hearing Body at the
Division of Building and Planning office not later than twenty (20) calendar days from
the date of the written decision of the Department. Such requests shall be
accompanied by a fee, as determined by the Board, which may cover normal
processing and legal advertising costs. Upon receipt of any such request, the Hearing
Body shall determine a date for a public hearing with notice, as provided in Section
11.20.0301 to consider the decision or interpretation of the Department and the
Chapter 11.20 20 Spokane County Critical Areas Ordinance
Printed June 1999
objections thereto. The Hearing Body shall make available its findings of fact,
conclusions, and decision to the appellant and the Department. The appellant may
further appeal the decision of the Hearing Body to the Board or other appropriate
authority under the procedure outlined in Section 11.20.030H.
H. Appeal of a Decision by the Hearing Body
1. Appeals of a decision by the Hearing Body shall be provided for by the Spokane
County Hearing Examiner Ordinance.
2. Pending completion of all conditions of approval which need to be completed
prior to permit issuance, permits can be released prior to the lapse of the ten
(10) calendar day appeal period, provided, that the County has no liability for
expenses, delays, or inconvenience incurred by the applicant if the
project/proposal is overturned or altered upon appeal.
I. Notice of Appeal for Administrative Action
Notice of the date, time, place and purpose of any public hearing on an appeal shall be
according to the appeal procedures of the associated application. In the case of an
appeal of an administrative decision for which there is no associated application or
where the decision on the associated application has not been rendered, the appeal
notice shall be given by:
1. The Department shall notify all property owners and taxpayers, if different than
the property owners, whose property does not abut the subject site but is within a
four hundred (400) foot radius of the periphery of the subject site, including any
access easement(s) serving said site, by mail at least fifteen (15) days prior to
the hearing. The applicant shall notify all property owners and taxpayers, if
different than the property owners, whose property abuts the subject site, by
certified mail at least fifteen (15) days prior to the hearing. This notification shall
consist only of that information approved and provided by the Department. In
those instances where any portion of the property abutting the subject site is
owned, controlled or under option by the applicant or his representative, then all
property owners within four hundred (400) feet of the applicant's total ownership
shall be notified by the applicant by mail at least fifteen (15) days prior to the
hearing, as provided above for certified and regular mailing, postage prepaid.
Property owners and taxpayers are those shown on the Spokane County
Assessor's/Treasurer's most current computer records obtained by the applicant
from a title company no more than thirty (30) days prior to the hearing of the
application. The applicant shall provide an affidavit confirming that these
provisions have been fulfilled. The notice shall be deemed mailed when
deposited in the United States mail, postage prepaid, and properly addressed;
and
2. Additionally, a sign shall be placed on the subject property adjacent to the most
heavily traveled public street, so it is easily readable by the traveling public. The
sign shall be a minimum of 2 feet in width by 2 feet in height and shall state the
following information:
Chapter 11.20 21 Spokane County Critical/trots Ordinance
Printed June 1999
a. Public Hearing for Appeal;
b. Provide general description of administrative action being appealed;
c. Date, time and place of hearing;
d. Contact the Department for additional information, phone, name and address.
J. Nonconforming Provisions
Procedure. Determination of nonconforming status of a lot, use, building or structure is
an administrative function of the Department. Property owners asserting the
nonconforming status of a lot, use, building or structure shall submit such information
as the Department deems necessary to substantiate or document the claim to
nonconforming status as provided within the Spokane County Zoning Code and/or as
provided below.
Nonconforming Uses. The expansion or extension of a use which was lawfully
established and in existence and which became or becomes nonconforming by the
adoption or amendment of this ordinance is not permitted. A nonconforming use which
remains unoccupied or unused for a continuous period of one (1) year, and which is
abandoned, shall not thereafter be occupied or used except by a use which conforms to
the regulations of the zone in which the use is located. A nonconforming use which
remains unoccupied or unused for a continuous period of less than one (1) year may be
reoccupied only by the same use. The term nonconforming use refers only to a single
existing use and does not include all uses to which the property could have been put
under a prior zoning ordinance or zoning classification.
Nonconforming Buildings and Structures. Restoration of a nonconforming building
or structure which is damaged by fire, flood, or act of nature shall be initiated, as
evidenced by the issuance of a valid building permit within one (1) year of the date of
such damage or destruction, and diligently pursued to completion. Upkeep, repair, and
maintenance of nonconforming buildings is permitted.
A building or structure conforming with respect to use, but not conforming with respect
to height, yard requirements, coverage or density, may be restored in the event of
damage, or altered or extended provided that the alteration or extension does not result
in further violation of this ordinance or the Zoning Code.
K. Amendments
An amendment to this ordinance may be initiated by the Board of County
Commissioners, the Planning Commission, the Department or an interested person. In
the case of an amendment initiated by an interested person, the Department shall
collect a fee to cover normal processing and the cost of legal notices as identified in the
Department Fee Schedule for a "Change in Zoning Code Text". Such an amendment
may be adopted, modified or denied by the Board of County Commissioners in
accordance with the procedures specified in Section 14.402.060 of the Spokane County
Zoning Code.
•
EnforcementNiolation Penalty
Chapter 11.20 22 Spokane County Critical Arias Ordinance
Printed June 1999
1. Intent. It is the intent of this Section to provide authority for, and the procedures
to be used in, enforcing the provisions of this Ordinance to the end of furthering
the purposes and objectives thereof.
2. Enforcement. It shall be the duty of the Director or his/her designee, except as
otherwise provided herein, to interpret and enforce the provisions of this
Ordinance and conditions of approval imposed by actions of the Board of County
Commissioners, Planning Commission, Hearing Body and/or Department.
3. Violation, A Misdemeanor. Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with, or who resists the
enforcement of, any of the provisions of this Ordinance or conditions of approval
imposed by actions of the Board, Commission, Hearing Body or the Department
shall be guilty of a misdemeanor and shall be punished by imprisonment in the
County Jail for a maximum term fixed by the court of not more than ninety (90)
days or by a fine in an amount fixed by the court of not more than one thousand
(1,000) dollars, or both such imprisonment and fine. Each day that a violation is
permitted to exist shall constitute a separate offense. Daily fines shall not be
levied until after a violator has received a notice of violation and shall not be
levied while the violator is making a good faith and diligent effort to correct the
violation in cooperation with Spokane County enforcement personnel nor while a
notice of violation is under appeal.
4. Cumulative Civil Penalty. In addition to or as an alternative to any other penalty
provided herein or by law, any person, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any
of the provisions of this Code or conditions of approval imposed by actions of
the Board, Commission, Hearing Body and/or Department shall incur a
cumulative civil penalty in the amount of fifty (50) dollars per day from the date
set forth for correction, pursuant to Section III 5 Notice of Violation, Assessment
of Penalty, until the violation is corrected.
5. Notice of Violation, Assessment of Penalty. Whenever the Director finds or
determines that a building, structure, premises or parcel(s) of land is being used
or maintained in violation of this Ordinance or any conditions of approval
imposed by actions of the Board, Commission, Hearing Body or the Department,
• the Director is authorized to issue a Notice of Violation directed to the owner of
record and/or taxpayer and/or to those persons who are engaged in causing or
contributing to such violation. If the building or structure is not in conformance
with the Uniform Building Code, then it shall be the duty of the Building Official to
require compliance. The Notice of Violation shall contain:
a. The name and address of the owner of record and/or taxpayer or other
person to whom the Notice of Violation is directed;
b. The street address, when available, or a legal description sufficient for
identification of the building, structure, lot or land upon which the violation is
occurring;
A statement that the Director has found the building, structure, lot or land is
being used or maintained in violation of this Ordinance or any conditions of
approval imposed by actions of this Board, Commission, Hearing Body or
the Department and a concise description of the nature of such violation(s),
including applicable Ordinance sections;
Chapter 11.20 23 Spokane County Critical Areas Ordinance
Printed June 1999
d. A statement of the action required to be taken, as determined by the Director,
and a date for correction, which shall be not less than three (3) weeks from
the date of service of the Notice of Violation, unless the Director has
determined a violation to be immediately hazardous;
e. A statement that a cumulative civil penalty in the amount of fifty (50) dollars
per day shall be assessed against the person to whom the Notice of Violation
is directed for each and every day following the date set for correction on
which the violation continues; and
f. A statement that the Director's determination of violation may be appealed to
the Hearing Body by filing written Notice of Appeal, in duplicate, with the
Department within twenty (20) calendar days from the service of Notice of
Violation.
g. The Notice of Violation shall be served upon the person(s) to whom it is
directed either personally, or in the manner provided for personal service of
notices or complaints in Justice Court, or by mailing a copy of the Notice of
Violation by certified mail, postage prepaid, return receipt requested, to such
person at his last known address. In case of immediate hazards, service
shall be by personal service. Proof of personal service shall be made at the
time of service by a written declaration under penalty of perjury executed by
the person affecting service, declaring time, date and manner by which
service was made.
h. A Notice of Violation issued pursuant to this section constitutes a
determination from which an administrative appeal may be taken pursuant to
the provisions of Section III J; Appeal of an Administrative Decision. The
cumulative civil penalty provided for herein shall not accrue during the
tenancy of an administrative appeal.
i. For good cause shown the Director may extend the date for correction in the
Notice of Violation, provided that such an extension shall not affect or extend
the time within which an administrative appeal must be commenced.
j. A copy of the Notice of Violation shall be sent to the Building Official if the
violation is also a violation of the Uniform Building Code in regard to
buildings, structures or their occupancy.
6. Collection of Civil Penalty. The civil penalty constitutes a personal obligation of
the person(s) to whom the Notice of Violation is directed. The Prosecuting
Attorney, on behalf of the County, is authorized to collect a penalty by use of
appropriate legal remedies, the seeking or granting of which except as provided
hereinafter shall neither stay nor terminate the accrual of additional per diem
penalties so long as the violation continues. Provided, however, the Board of
County Commissioners shall request that the Prosecuting Attorney commence
appropriate legal proceeding in the Spokane County District Court Small Claims
Department to collect the civil penalty owing and due prior to such penalty
reaching the jurisdictional limit for small claims department, as provided in RCW
12.40.010. Any and all civil penalties owing and due under the provisions of this
section by any person individually in excess of the jurisdictional limit of the small
claims department, as set forth in RCW 12.40.010, shall be forfeited unless the
Board of County Commissioners requests the Prosecuting Attorney to
Commence and the Prosecuting Attorney does commence appropriate legal
Chapter 11.20 24 Spokane County Critical Areas Ordinance
Printed June 1999.
action within small claims department to collect the civil penalties owing and due
up to such department's jurisdictional limit.
Chapter 17.20 25 Spokane County Critics!Areas Ordinance
Printed June 1999
•
11.20.040 - EMERGENCY PERMITS, REASONABLE USE EXCEPTION
A. Emergency Activities - Temporary Emergency Permit
1. Criteria for Granting a Temporary Emergency Permit. Notwithstanding the
provisions of this ordinance or any other laws to the contrary, the Director may
issue a temporary emergency wetlands permit or allow regulated uses or
activities in a Fish & Wildlife Habitat Conservation Area or Geologically
Hazardous Area if:
a. the Director determines that an imminent threat to public health, safety or the
environment will occur if an emergency permit is not granted; and
b. the threat or loss may occur before a wetlands permit or Fish & Wildlife
Habitat Conservation Area review can be issued or conditioned under the
procedures otherwise required by this ordinance.
2. Conditions of Emergency Permit. Any emergency permit granted shall:
a. incorporate to the greatest extent practicable the standards and criteria
required for non-emergency activities;
b. be limited in duration to the time required to complete the authorized
emergency activity, not to exceed ninety (90) days without re-application; and
c. require the restoration of any wetland, Fish & Wildlife Habitat Conservation
Area or Geologically Hazardous Area altered as a result of the emergency
activity within ninety days following the emergency repair, or during the
growing season after the emergency repair.
B. Reasonable Use Exception
1. Requirements. If an applicant for a development proposal demonstrates to the
satisfaction of the Director that application of the standards of this ordinance
would deny all reasonable use of the property, development as conditioned shall
be allowed. The applicant shall pay a fee as determined by the Board which
may cover mailing and processing and submit documentation on forms provided
by the Department demonstrating all of the following to the satisfaction of the
Director.
a. Applications of this ordinance would deny all reasonable use of the property;
and
b. There is no reasonable use with less impact on the wetland, fish and wildlife
habitat or geo-hazard area; and
c. The requested use or activity will not result in any damage to other property
and will not threaten the public health, safety or welfare on or off the property;
and
d. Any alteration to the wetland, fish and wildlife habitat or geo-hazard area is
the minimum necessary to allow for reasonable use of the property; and
e. The inability of the applicant to derive reasonable use is not the result of
actions by the applicant in subdividing the property or adjusting boundary
lines thereby creating the undevelopable condition after the effective date of
this ordinance.
Chapter 11.20 26 Spokane County Critical Areas Ordinance
Printed June 1999
2. Decision. The Director shall include findings on each of the evaluation criteria
listed above in a written decision. The written decision shall be mailed to the
applicant and adjacent property owners, including property owners across public
rights of way or private easements. The written decision shall include conditions
necessary to serve the purposes of the ordinance and shall provide an appeal
procedure as contained in Section 11.210.030(G) of this ordinance.
•
•
•
•
Chapter 11.20 27 Spokane County Critical areas Ordinance
Printed June 1999
11.20.050- WETLANDS
A. Wetland Reports
When a regulated use or activity (refer to Table 1 in Section III) is proposed on a
property which is within a wetland or wetland buffer area, a wetland report is required.
The applicant or proponent shall, provide a wetland report prepared by a Qualified
Wetland Specialist according to the standards found in Appendix D and using the
Wetlands Delineation Manual.
1. Modifications to Wetland Reports.
The Director shall have the authority to modify the requirements for the wetland report.
The wetland report requirement may be modified for lots in existence prior to the
effective date of this ordinance and for lots, tracts or parcels which are equal or greater
than five (5) acres in size. A partial or modified determination of a wetland boundary
may be approved if the following is provided:
a. The owner designate a building envelope(s) on the property which would
restrict regulated activities as defined by this ordinance to an area of the
property where no significant effect on the wetland is likely;
b. The building envelope(s) shall be recorded on the property with the Spokane
County Auditor's Office that contain such restrictions to ensure compliance
with this ordinance;
c. A statement shall be recorded on the property which contains the following
language "The property is subject to building envelope restrictions which were
placed on the property to protect wetland and wetland buffer areas. An
actual wetland determination, wetland boundary determination, wetland
rating, and wetlands report as provided for in this ordinance has not been
completed and the property owner is subject to the provisions of this
ordinance."
The Director, in modifying the requirement for a wetland report shall consider but not be
limited to the following: i) evidence of the wetland location; ii) the proposal and its
proximity to the wetland and wetland buffer areas and its probable environmental
impacts; and iii) the proposed use or activity is at least 200 feet from the appropriate
wetland boundary.
Where the applicant has provided a delineation of the wetland boundary, the
Department shall verify the accuracy of the delineation through consultation with the
Washington State Department of Ecology or other agency of expertise as determined
by the Department, and may render adjustments to, the boundary delineation.
The Director shall have the authority to use federal or state wetland boundary
determinations to meet applicable provisions of this ordinance .
Chapter 11.20 28 Spokane County Critical Areas Ordinance
Printed June 1999
B. Wetlands Rating System
The following rating system, adapted from the State Department of Ecology publication,
Washington State Wetlands Rating System for Eastern Washington, as amended, is
hereby adopted for the purpose of determining the size of wetland buffers, determining•
mitigation ratios, and reviewing permits under this ordinance. For the purposes of this
Section, the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater
Habitats of the United States, FWS/OBS-79-31 (Cowardin, et al., 1979, as amended)
contains the descriptions of wetland type.
1. Category 1 Wetlands. Wetlands which meet at least one of the following criteria.
a. Documented habitat for endangered or threatened fish or animal species or
for potentially extirpated plant species recognized by state or federal
agencies;
b. Wetlands which:
(i) are equal to or greater than five (5) acres in size; and
(ii) have three (3) or more wetland classes; and
(iii)have an open water component at least 1/2 acre in area, or comprising at
least 10% of the total area of the wetland.
c. High quality, regionally rare wetland communities with irreplaceable ecological
functions which may include sphagnum bogs, fens and forested wetlands
occurring on organic soils.
d. Documented Wetlands of local significance as adopted according to the
process outlined in Section 11.20.050B(5).
2. Category 2 Wetlands. Wetlands which meet any of the following criteria, and
which are not Category 1 wetlands.
a. Wetlands containing Documented habitat for sensitive plant, fish or
animal species listed by state or federal agencies of jurisdiction.
b. Wetlands which:
(i) are equal to or greater than one acre in size; and
(ii) have 40% to 60% open water in dispersed patches, and
(iii)have two or more wetland vegetative classes (a vegetative class must be
at least 1/2 acre in size or comprise at least 10% of the entire wetland).
c. Riparian wetlands
d. Documented Wetlands of local significance as adopted according to the
process outlined in this subsection.
3. Category 3 Wetlands. Wetlands which are not Categories 1, 2, or 4 wetlands
and:
a. are vernal wetland systems found in low annual rainfall areas (<18")
4. Category 4 Wetlands. Wetlands which are not Category 1 or Category 2
Wetlands and which:
a. are equal to or less than one (1) acre in size; and are hydrologically isolated
wetlands; and are comprised of one (1) vegetated class and more than 90%
of the areal cover is any combination of Soft rush (Juncus effusus), Hard
hack (Spiraea douglasii) or Cattail (Typha latifolia); or
Chapter 11.20 29 Spokane County Critical Areas Ordinance
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1
b. are wetlands less than 2 acres and hydrologically isolated, with one (1)
vegetated class and more than 90% of arial cover is any combination of
species from the list in Table 7 of Washington State Wetlands Rating System
for Eastern Washington.
5. Wetlands of Local Significance, Nomination Procedure
In order to increase the rating of a wetland and adjust buffering requirements
accordingly, the following nomination procedure is provided.
a. To nominate a wetland of local significance an individual or
organization must submit written and/or graphic information to
the Department which demonstrates a need for increased protection based
on:
(i) potential for degradation based on nature or intensity of surrounding land
use;
(ii) uniqueness in area;
(iii)potential for educational value;
(iv)benefit to wildlife;
(v) significance for aquifer recharge;
(vi)significance for stormwater management and treatment;
(vii) others.
b. The submittal shall include a wetlands delineation, values and functions
assessment and rating meeting the standards of this section.
c. A statement requesting category I or category II status for the wetland and
any supporting information.
d. A statement of support for the nomination signed by the owner of the
property on which the wetland is located.
e. Submitted proposals will be reviewed for accuracy and effectiveness by the
Department staff and other agencies or experts deemed appropriate by the
Director.
f. A public hearing will be scheduled on complete nominations before the
appropriate hearing body.
C. Wetland Buffer Areas
1. Standard Buffer Area Widths. Wetland buffer areas shall be required for all
regulated uses and activities adjacent to wetlands. Any wetland created,
restored or enhanced as compensation for approved wetland alterations shall
also include the standard buffer required for the category of the created,
restored, or enhanced wetland. All buffers shall be measured from the wetland
boundary as determined in the field pursuant to the requirements of Section
11.20.050A. The width of the wetland buffer area shall be determined according
to the category assigned to the wetland in accordance with Section 11.20.0508.
a. Category 1 wetlands, minimum wetland buffer area width is 200 feet.
b. Category 2 wetlands, minimum wetland buffer area width is 150 feet.
c. Category 3 wetlands, minimum wetland buffer area width is 75 feet.
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d. Category 4 wetlands, minimum wetland buffer area width is 25 feet.
2. Increased Wetland Buffer Area Width. The County may require increased buffer
area widths on a case-by-case basis by the Director when a larger buffer is
necessary to protect wetland functions and values. This determination shall be
supported by appropriate documentation showing that it is reasonably related to
protection of the functions and values of the wetland. The documentation must
include but not be limited to the following criteria:
a. The wetland is used by a plant or animal species listed by the federal
government or the state as endangered, threatened, candidate, sensitive,
monitored or documented priority species or habitats, or essential or
outstanding habitat for those species or has unusual nesting or resting sites
such as heron rookeries or raptor nesting trees; or
b. The adjacent land is susceptible to severe erosion and erosion control
measures will not effectively prevent adverse wetland impacts; or
c. The adjacent land has minimal vegetative cover or slopes greater than 30
percent.
3. Reduction of Standard Wetland Buffer Area Width. The Department may reduce
the standard wetland buffer area width on a case-by-case basis by the Director
where it can be demonstrated that:
a. The adjacent land has a high quality vegetative buffer, has less than 15
percent slopes, and no direct or indirect, short-term or long-term, adverse
impacts to wetlands will result from a regulated activity. The Department may
require long-term monitoring of the project and subsequent corrective actions
if adverse impacts to wetlands are discovered; or
b. The project includes a buffer enhancement plan using native vegetation
which substantiates that an enhanced buffer will improve the functional
attributes of the buffer to provide additional protection for wetland functions
and values. An enhanced buffer shall not result in greater than a 25 percent
reduction in the buffer width or be less than 25 feet.
4. Standard Buffer Width Averaging. Standard wetland buffer areas may be
modified by averaging buffer widths or a combination of averaging and reduction.
Wetland buffer width averaging shall be allowed only where the applicant
demonstrates all of the following.
a. Averaging will provide the necessary biological, chemical and physical
support necessary to protect the wetland in question, taking into account the
type, intensity, scale and landscape location of the proposed land use;
b. The wetland contains variations in sensitivity due to existing physical
characteristics which justify the averaging;
c. The land uses causing the least disturbance would be located adjacent to
areas where the buffer width is reduced, and that such land uses are
guaranteed in perpetuity by covenant, deed restriction, easement, or other
legally binding mechanism;
d. Width averaging will not adversely impact the wetland's functions and values;
e. The total area contained within the wetland buffer after averaging is no less
than that contained within the standard buffer prior to averaging. In no
Chapter 11.20 31 Spokane County Critical Areas Ordinance
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instance shall the buffer width be reduced by more than 50% of the standard
buffer or be less than 25 feet.
5. Wetland Buffer Maintenance. Except as otherwise specified, wetland buffer
areas shall be retained in their natural condition. Where buffer disturbances
have occurred before or during construction, revegetation with native vegetation
shall be required.
6. Permitted Uses in a Wetland Buffer Area. Regulated activities shall not be
allowed in a buffer area except for the following.
a. Activities having minimal adverse impacts on buffers and no adverse impacts
on wetlands. These may include low intensity, passive recreational activities
such as pedestrian/bike trails which should be setback 50' from the wetland
boundary if possible and shall be a maximum of 14' in width, nonpermanent
wildlife watching blinds, short term scientific or education activities, and sports
fishing or hunting; (refer to Table 11.20.030A)
b. Stormwater management facilities including biofiltration swales, if designed
according to the Spokane County Stormwater Management Guidelines, if
sited and designed so that the buffer area as a whole provides the necessary
biological, chemical and physical protection to the wetland in question, taking
into account the scale and intensity of the proposed land use.
c. Motorized vehicles shall not be allowed in wetland buffer areas except as part
of an approved mitigation plan or non-regulated activity such as agriculture.
D. Wetland Mitigation
1. Mitigation Options. As a condition of any permit allowing alteration of wetlands,
the applicant will engage in the restoration, creation or enhancement of wetlands
in order to offset the impacts resulting from the applicant's or violator's actions.
The applicant shall develop an appropriate mitigation plan that provides for
mitigation measures as outlined below. Wetland mitigation means the use of
any or all of the following actions listed in descending order of preference.
a. Avoiding the impact altogether by not taking certain action or
parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the
action and its implementation, by using appropriate
technology, or by taking affirmative steps to avoid or reduce
impacts;
c. Rectifying the impact by repairing, rehabilitating or restoring
the affected environment;
d. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action;
e. Compensating for the impact by replacing, enhancing, or
providing substitute resources or environments; or
f. Monitoring the impact and the compensation project and taking
appropriate corrective measures. Mitigation may include a
combination of the above measures.
2. Wetlands Mitigation Ratios. Any person who degrades wetlands shall restore,
create, or enhance equivalent areas or greater areas of wetlands than those
altered in order to compensate for loss of wetland acreage or functions
according to the following ratios:
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C
Wetland Area Wetland Replacement
to be Impacted Area Required
Category I 1 to 6
Category II or III
Forested 1 to 3
Scrub-shrub 1 to 2
Emergent 1 to 1.5
Category IV 1 to 1.25
3. Wetland Enhancement. Any applicant proposing to degrade wetlands may
propose to enhance existing wetlands in order to compensate for wetland losses.
Applicants proposing to enhance wetlands shall identify how enhancement
conforms to the overall goals and requirements of the wetlands protection
program. A wetlands enhancement compensation project shall be considered,
provided that enhancement for one function and value will not degrade another
function or value. Acreage replacement ratios may be increased up to 100
percent to recognize existing functional values. Category I wetlands shall not be
enhanced.
4. Increased Replacement Ratio.
The standard Replacement Ratio may be increased under the following
circumstances:
a. High degree of uncertainty as to the probable success of the proposed
restoration or creation;
b. Significant period of time between destruction and replication of wetland
functions;
c. Projected losses in functional value and other uses, such as recreation,
scientific research and education, are relatively high;
d. Not possible to create or restore same type of wetland;
e. Off-site compensation is offered.
5. Decreased Replacement Ratio. The standard replacement ratio may be
decreased under the following circumstances:
a. Scientifically supported evidence which demonstrates that no net loss of
wetland function or value is attained under the decreased ratio.
b. In all cases a minimum acreage replacement ratio of 1:1 shall be required.
6. Predevelopment Replacement Ratios. The following ratios apply when a
replacement wetland of the same category is created prior to impact to an
existing wetland. The replacement wetland must be of the same category as the
wetland being impacted and provide equal or superior wetland functions for at
least one complete growing season prior to impacting the existing wetland.
Wetland Area Wetland Replacement
Impacted Area Required
Category II 1 to 1.25
Category III and IV 1 to 1
•
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7. In-Kind/Out-Of-Kind Mitigation. In-kind mitigation shall be provided except
where the applicant can demonstrate that either:
a. The wetland system is already degraded and out-of-kind replacement will
result in a wetland with greater functional value; or
b. Technical problems such as exotic vegetation and changes in watershed
hydrology make implementation of in-kind mitigation impossible.
Where out-of-kind replacement is accepted, greater acreage replacement ratios
may be required to compensate for lost functional values.
8. On-Site/Off-site Mitigation. On-site mitigation shall be provided except where the
applicant can demonstrate that:
a. the hydrology and ecosystem of the original wetland and those who benefit
from the hydrology and ecosystem will not be damaged by the on-site loss;
and
b. on-site mitigation is not scientifically feasible due to problems with hydrology,
soils, or factors such as other potentially adverse impacts from surrounding
land uses; or
c. existing functional values at the site of the proposed restoration are
significantly greater than lost wetland functional values; or
d. established goals for flood storage, flood conveyance, habitat or other
wetland functions have been established and strongly justify location of
mitigation measures at another site.
9. Mitigation Outside of Primary Drainage Basin. Wetland creation or restoration
shall occur within the same primary drainage basin as the wetland loss occurred,
unless the applicant can demonstrate that:
a. The hydrology and ecosystem of the original wetland and those who benefit
from the hydrology and ecosystem will not be substantially damaged by the
loss within that primary drainage basin; AND
b. In-basin mitigation is not scientifically feasible due to problems with
hydrology, soils, or other factors such as other potentially adverse impacts
from surrounding land uses; or
c. Existing functional values in a different primary drainage basin are
significantly greater than lost wetland functional values; or
d. Established goals for flood storage, flood conveyance, habitat or other
wetland functions have been established and strongly justify location of
mitigation measures in a different primary drainage basin.
10. Mitigation Site Selection. In selecting mitigation sites, applicants shall pursue
siting in the following order of preference:
a. Upland sites which were formerly wetlands;
b. Degraded upland sites generally having bare ground or vegetative cover
consisting primarily of exotic introduced species, weeds, or emergent
vegetation; and
c. Other upland sites.
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11.Mitigation Banking. May be used as a means to mitigate unavoidable adverse
impacts associated with future activities and uses to wetlands and wetland buffer
areas. The size, type and location of the mitigation bank shall follow the
mitigation provision as provided in this Section. Mitigation banking shall not be
allowed as a means for mitigation involving federal and state approvals or
permits until such time as appropriate state and/or federal programs are adopted
to allow wetland banking as a means for mitigation of impacts to wetlands.
Mitigation banks may be created by agencies, non-profit organizations or private
entities to provide a relatively large compensation mitigation site or sites to be used to
collectively compensate for many usually unrelated development projects. Mitigation
banking requires that compensation is provided in advance. The wetland compensation
is constructed, monitored and determined to be a functioning wetland before impact to
existing wetlands occur.
Any mitigation banking program shall require an agreement between the department
and the participants in the mitigation banking program. The agreement shall be
reviewed and approved by legal council for the County and shall along with meeting the
mitigation provision of this section, shall provide, but not be limited to, the following;
Authorities and their relationship to the agreement; Management and maintenance of
wetland mitigation banks, preservation of wetland mitigation banks, calculation of
credits and debits, accounting of credits and debits, inspections, monitoring, resolution
of issues and conflicts, and duration of the agreement.
12. Timing of Mitigation. Where feasible, mitigation projects shall be completed
prior to activities that will disturb wetlands. Bonding or other financial
performance guarantee is required if mitigation projects cannot be completed
prior to project completion. Construction of mitigation projects shall be timed to
reduce impacts to existing wildlife and flora.
13.Components of Mitigation Plans. All wetland restoration, creation and/or
enhancement projects required pursuant to this chapter either as a permit
condition or as the result of an enforcement action shall follow a mitigation plan
which meets County requirements. The applicant or violator must receive written
approval by the Director for mitigation plan prior to commencement of any
wetland restoration, creation or enhancement activity. The mitigation plan shall
contain at least the following components:
a. Baseline Information. A written assessment and accompanying maps of the
impacted wetland including, at a minimum, wetland delineation; existing
wetland acreage; proposed wetland impacts; vegetative, faunal and
hydrologic characteristics; soil and substrate conditions; and topographic
elevations. If the mitigation site is different from the impacted wetland site,
baseline information should also include: the watershed; surface hydrology;
existing and proposed adjacent land uses; proposed buffers; and ownership.
b. Environmental Goals and Objectives. A written report shall be provided
identifying goals and objectives and describing; site selection criteria;
mitigation goals; target evaluation species and resource functions; dates for
Chapter 11.20 35 Spokane County Critical Areas Ordinance
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beginning and completion; and a complete description of the functions and
values sought in the new wetland. The goals and objectives shall be related
to the functions and values of the original wetland, or if out-of-kind, the type
of wetland to be emulated. The report shall also include an analysis of the
likelihood of success of the mitigation project at duplicating the original
wetland, and the long-term viability of the project, based on the experiences
of comparable projects, if any.
c. Monitoring Program. Specific measurable criteria approved by the Director,
shall be provided for evaluating whether the goals and objectives of the
project are being achieved, and for determining when and if remedial action
or contingency measures should be implemented. Such criteria may include
water quality standards, survival rates of planted vegetation, species
abundance and diversity targets, habitat diversity indices, or other ecological,
geological or hydrological criteria. The mitigation plan manager will assure
work is completed in accordance with the mitigation plan and, if necessary,
the contingency plan. The monitoring program will continue for five years
after the completion of the project and be bonded. Reporting results of the
monitoring data to the Director will be the responsibility of the applicant.
d. Detailed Construction Plans. Written specifications and descriptions of
mitigation techniques shall be provided, as specified by the Director.
e. Construction Oversight. The construction of the mitigation project will be
monitored to insure that the project fulfills its goals.
f. Contingency Plan, The plan must identify potential courses of action that can
be taken when monitoring or evaluation indicates project performance
standards are not being met.
g. Permit Conditions. Any mitigation plan prepared pursuant to this section shall
become part of the wetland permit application.
h. Consultation with Other Agencies. Applicants are encouraged to consult with
federal, state, local agencies having expertise or interest in a mitigation
proposal.
E. Protection of Wetlands and Wetland Buffer Areas
1. Easements, Title Notices, Plat Dedications. The applicant may be required to
create a separate tract(s) containing wetland(s) and/or wetland buffer areas as a
• condition of approval. Wetland or wetland buffer areas shall be protected by one
or more of the following methods.
a. A conservation easement or deed restriction prohibiting alteration and
requiring protection of native vegetation within a wetland or wetland buffer
area may be dedicated to the Spokane County Parks and Recreation
Department or other public or nonprofit entities (e.g. land trusts) specified by
the hearing body or the Department;
b. A title notice shall be recorded on the property or portion of the property
containing a wetland or wetland buffer area. The title notice shall provide
notice of a wetland delineation, if any exists, or indicate location of wetlands
or wetland buffer areas on the property (see Section 11.20.090E Appendix E
for example).
Chapter 11.20 36 Spokane County Critical Areas Ordinance
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A required title notice shall prohibit in perpetuity the development, alteration
or disturbance of vegetation within the wetland or wetland buffer area except
when in conformance with this ordinance.
c. Any land division which requires the recording of a final plat shall provide on
the face of such plat the boundary of such wetland and wetland buffer area
with a reference to separately recorded conservation easements, title notices
or deed restrictions as appropriate. Subdivisions with tracts of land which are
equal to or greater than five (5) acres may provide for building envelopes as
provided in Section 11.20.050A(1) of this ordinance.
d. Regardless of the method chosen to protect and preserve the wetland or
wetland buffer area, such areas shall be maintained by the land owner,
adjacent lot owner(s), homeowners' association, the permit applicant or
agent, or an appropriate entity as approved by the hearing body or the
Department.
2. Access Limitations, Signs, Fencing and Best Management Practices. Access to
wetlands and wetland buffer areas will normally be allowed, subject to unique
conditions which warrant access limitations;
a. The perimeter of the wetland and wetland buffer areas to be disturbed
pursuant to an approved wetland permit or authorization shall be marked in
the field, inspected by the review authority prior to the commencement of
permitted activities. This temporary marking shall be maintained throughout
the duration of the development activity;
b. As a condition of any permit or authorization issued pursuant to this
ordinance, the applicant may be required to install permanent signs along the
boundary of a wetland or wetland buffer area. In some instances, a tree,
hedge row, or other permanent physical location may be used to mark the
boundary as approved by the Director;
•
The sign shall be made of a treated wood or metal face attached to a treated
wood or metal post, or another material of equal durability. The sign shall be
worded as follows or with alternative language approved by the Director:
"Wetland or Wetland Buffer Area
Do Not Disturb Natural Area
Contact Spokane County Division of Building and Planning
Regarding Uses and Restrictions"
c. As a condition of any permit or authorization issued pursuant to this
ordinance, the applicant may be required to utilize best management
practices as prescribed by the Natural Resource Conservation Service. This
may include the installation of a permanent fence around the wetland and
wetland buffer area when domestic grazing animals are present or may be
introduced within the project.
F. Time Period, Authorized Activity
Chapter 11.20 37 Spokane County Critical Areas Ordinance
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_ J
1. Authorization to undertake regulated activities within a wetland or wetland buffer
area shall normally be valid for the period of the underlying permit.
2. Prior to the granting of an extension to an underlying permit, the review authority
may require updated studies and/or additional hearings if, in its judgment, the
original intent of the permit is altered or enlarged by the renewal, or if the
applicant failed to abide by the terms of the original permit.
G. Bonding or Other Financial Performance Guarantee
1. The Director may require the applicant of a development proposal to post a cash
performance bond or other security acceptable to the Department in an amount
and with surety and conditions sufficient to fulfill the requirements set forth in the
permit;
2. In the event of a breach of any condition of any such bond, the Director may
initiate action in Spokane County Superior Court to execute the bond;
3. The Director shall release the performance bond upon determining that:
a. All activities, including any required compensatory mitigation, have been
completed in compliance with the terms and conditions of the permit and the
requirements of this ordinance, and
b. Posting of a maintenance bond by the applicant, if applicable;
4. The principal or surety cannot be terminated or canceled without written release
of the bond or other financial performance guarantee by the Department.
5. The Director shall release the maintenance bond upon determining that
performance standards established for evaluating the effectiveness and success
of the structures, improvements and/or mitigation as established in the mitigation
plan have been satisfactorily met for the required period.
6. For mitigation projects, the performance standards shall be those contained in
the mitigation plan developed and approved during the permit review process,
and the maintenance bond applicable to this project shall not be released until
the Director determines that performance standards established for evaluating
the effect and success of the project have been met.
7. Performance Bonds or Financial Performance Guarantee. The applicant shall
provide demonstration of administrative, supervisory, and technical competence,
financial resources, and scientific expertise of sufficient standing to successfully
execute the mitigation plan. The applicant will name a mitigation project
manager and provide the qualifications of each team member involved in
preparing, implementing, and supervising the mitigation plan. This shall include
educational background and areas of expertise, training and experience with
comparable projects. In addition, bonds ensuring fulfillment of the mitigation
project, monitoring program, and any contingency measure shall be posted in the
amount of one hundred and twenty five (125) percent of the expected project
cost of mitigation, plus a factor to be determined to allow for inflation during the
time the project is being monitored. An administration fee for the mitigation
project may be assessed to reimburse the Department for costs incurred during
the course of the monitoring program.
Chapter 11.20 38 Spokane County Critical Areas Ordinance
Printed June 1999
11.20.060- FISH & WILDLIFE HABITAT CONSERVATION AREAS
A. Priority Habitats and Species Designation
1. Washington State Priority Habitat and Species Program. The priority habitats
and species of Spokane County are identified in Table 11.20.060A and are
adopted from the Washington State Priority Habitats and Species Program, as
now or hereafter amended. Due to the dynamic nature of Fish and Wildlife
populations and their habitats, the Priority Habitats and Species program will be
revised periodically as species and habitats are added, deleted or redefined.
The location of these priority habitats and known point locations such as den or
nest site of priority species are depicted on.the Spokane County Fish and
Wildlife Conservation Areas Map which is available at the Division of Building
and Planning.
TABLE 11.20.060
PRIORITY HABITATS AND SPECIES OF SPOKANE COUNTY
Priority Habitat Criteria
Wetlands and Deepwater Lands transitional between terrestrial and aquatic systems
where the water table is usually at or near the surface or the land is covered by shallow
water. Wetlands must have all of the following characteristics: (1) the land supports
predominantly hydrophytic plants, (2) soil are hydric and (3) soils are saturated with
water or covered by the shallow water at some time during the growing season of each
year.
Deep water habitats are permanently flooded lands lying below the deep water
boundary of wetlands. Deep water habitats include environments where surface water
is permanent and often deep, so that water, rather than air is the principal medium
within which the dominant organisms live.
Wetlands and deep water habitats support comparatively high wildlife density and-
diversity, provide breeding habitat and seasonal ranges, have limited availability and
high vulnerability to habitat alteration.
Riparian Riparian habitat is defined as an area adjacent to flowing water that
contains elements of both aquatic and terrestrial ecosystems which mutually influence
each other. In riparian habitat, the vegetation, water tables, soils, micro climate and
wildlife inhabitants of terrestrial ecosystems are influenced by perennial or intermittent
water, and the biological and physical properties of the adjacent aquatic ecosystems
are influenced by adjacent vegetation, nutrient and sediment loading, terrestrial wildlife
and organic debris from the land.
Chapter 11.20 39 Spokane County Critical Areas Ordinance
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Riparian areas have high wildlife density and high species diversity. They serve as
important wildlife breeding and seasonal ranges. They are important movement
corridors and are highly vulnerable to habitat alteration.
Cliffs/Bluffs Greater than 25 feet high and below 5,000 feet elevation. These areas
are significant for wildlife breeding habitat, have limited availability and support unique
assemblages of species.
Old Growth Forest Tree stands are highly variable in species composition and
structural characteristics due to the influence of fire, climate and soil. In general, stands
will be >than 150 years old, with 10 trees per acre > 21" dbh and 1-3 snags per
acre>12-14" diameter. Downed logs may vary from abundant to absent. Canopies
may be single or multilayered. Evidence of human-caused alterations to the stand will
be absent or so slight as to not affect the ecosystem structures and functions.
Old growth forests have high wildlife density and diversity. They are important for
breeding habitat and seasonal ranges. Old growth forests are limited and declining and
have a high vulnerability to habitat alteration.
Urban Natural Open Space A priority species resides within or is adjacent to the
open space, and uses it for breeding and/or regular feeding. This habitat may also
function as a corridor connecting other priority habitat areas, especially those that would
otherwise be isolated; and/or the open space is an isolated remnant of natural habitat
larger than 10 acres and is surrounded by urban development. Local consideration
may be given to open space areas smaller than 10 acres.
Urban Natural Open Space has comparatively high wildlife density and diversity, is
important as a breeding habitat and is important as a movement corridor. These areas
have limited availability and have a high vulnerability to habitat alteration.
Steppe Relatively undisturbed areas as indicated by the dominance of native
plants where grasses and forbs form the natural climax plant community.
Steppe habitat has relatively high wildlife density and diversity, is important wildlife
breeding habitat and important for seasonal range. This habitat has limited availability,
high vulnerability to habitat alteration and supports unique and dependent species.
Shrub-Steppe Large areas of relatively unfragmented shrub-steppe habitat,
greater than 640 acres, should have a substantial amount of interior habitat. They
should also contain a variety of habitat features (e.g. variety of topography, riparian
areas, canyons, habitat edges, plant communities). Blocks should be relatively
undisturbed, as indicated by a dominance of native vegetation. Portions may contain
disturbed habitat.
Shrub-steppe habitat supports comparatively high wildlife density and diversity,
provides important wildlife breeding habitat and important seasonal ranges. This
habitat has limited availability, high vulnerability to alteration and supports unique and
dependent species.
Chapter 11.20 40 Spokane County Critical Areas Ordinance
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C
White-tailed Deer Winter Winter range is determined by a combination of
Rangefactors: elevation, slope, aspect, snow depth, browse quality and quantity,
. presence of closed canopy mature forests, temperatures and traditional deer movement
patterns.
Closed canopies of mature forests along streams are extremely important whitetail
habitat.
Moose Habitat Aquatic feeding sites are found in areas of slow moving water,
ponds, swamps and pot holes which contain abundant submergent and emergent
vegetation. Larger aquatic areas are preferred. These sites are characterized by a
broad zone of hiding cover around the perimeter of the feeding site.
Calving sites are characterized by road; and blocks of mature timber of 80 acres or
greater which provide hiding cover and are adjacent to good forage where human
disturbance is minimal.
Elk Habitat Generally, the winter and summer ranges of a herd of elk are
geographically separate. In eastern Washington, winter range consists of shrub-
steppe, bunch grass of shrub plant communities adjacent to forest zones.
Special features of elk habitat include corridors and wallows, These features are
characterized by screening vegetation and lack disturbance. During hunting season elk
seek the largest cover patches in their range. At other times of the year, smaller cover
patches within 600 feet of forage areas are most important.
Wildlife Corridors Wildlife Corridors are landscape feature that facilitate the
biologically effective transport of animals between larger patches of habitat dedicated to
conservation functions. Such corridors may facilitate several kinds of traffic including
frequent foraging movements, seasonal migrations or the once in a lifetime dispersal of
juvenile animals. These are transitional habitats and need not contain all the habitat
elements required for the long term survival or reproduction of its migrants.
Landscape Linkages Landscape linkages differ from a movement corridor in that
the complete range of community and ecosystem processes continue to operate within
it through time. Plants and smaller animals are able to move between larger
landscapes over a period of generations
Chapter 11.20 41 Spokane County Critical Areas Ordinance
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J
Priority Species Status
Amphibians
Spotted Frog State and Federal Candidate
Birds
American White Pelican State Endangered
Bald Eagle State and Federal Threatened
Black-backed Woodpecker State Candidate
Blue Grouse Game
Burrowing Owl State Candidate
Cavity Nesting Ducks Game
(includes Barrow's
•
Goldeneye, Bufflehead,
Common Goldeneye,
Hooded Merganser
and Wood Duck)
Common Loon State Candidate
Flammulated Owl State Candidate
Golden Eagle State Candidate
Great Blue Heron State Monitor
Lewis Woodpecker State Candidate
Long Billed Curlew State Monitor
Merlin State Candidate
Northern Goshawk State Candidate
Osprey State Monitor
Peregrine Falcon State Endangered
Pileated Woodpecker State Candidate
Red-necked Grebe State Monitor
Sandhill Crane State Endangered
Snowy Owl State Monitor
Trumpeter Swan Game
Upland Sandpiper State Endangered
Vaux's Swift State Candidate
Western Bluebird State Candidate
Western Grebe State Monitor
White-headed Woodpecker State Candidate
Fish
Rainbow Trout Game
Chapter 11.20 42 Spokane County Critical Areas Ordinance
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Priority Species Status
Mammals
Elk Game
Moose Game
Marten Game
Pygmy Shrew State Candidate
Rocky Mountain Mule Deer Game
White-tailed Deer Game
Note:—Definitions for species status are contained in the Washington Department of
Fish and Wildlife Management Recommendations for Priority Species and in WAC 232-
12.
B. Regulated Uses and Activities in Priority Habitats
1. For the purposes of this ordinance, Spokane County may restrict the regulated
uses and activities shown in Table 11.20.030A which lie within a priority habitat
by definition or within 1/4 mile of a point location (den or nest site) of a non-game
priority species through the application of the performance standards contained
in Section 11.20.060C below.
2. In cases where differences in regulations occur because of overlapping priority
habitats or buffer areas, the regulation which provides the greatest degree of
protection shall apply.
C. Performance Standards for Regulated Uses and Activities
1. A management plan, if required, will be used by Spokane County to evaluate the
impact of a use or activity on a priority habitat or species and may require
mitigating measures to protect fish and wildlife based on the management plan
recommendations.
2. Riparian habitat performance standards
a. Except as otherwise specified, riparian areas shall be retained in their natural
condition. Riparian vegetation in buffer areas shall not be removed except in
the case of fire or disease unless there is no alternative. For lots or parcels
with water frontage on type 2 or 3 waters, one view/access corridor to the
ordinary high water mark may be cleared of riparian vegetation as long as the
view/access corridor does not exceed a width of 25 feet.
b. Roads within riparian buffer areas shall be kept to a minimum and shall not
run parallel to the water body. Crossings where necessary, shall cross
riparian areas at as near right angles as possible. If no alternative exists to
placement of a roadway within a riparian area, mitigation may be required.
Mitigation measures shall be specified in a management plan and may
include, but are not limited to:
(i) Fencing of riparian buffer area to protect remaining vegetation and;
(ii) Enhancement of remaining riparian buffer area through planting ofnative
vegetation.
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Water crossings must be approved by the Washington State Department of Fish
and Wildlife according to WAC 75.20.100.
c. Equestrian Pedestrian/Bike trails are permitted in riparian buffer areas but should
be set back 50 feet from the ordinary high water mark, if possible and shall be a
maximum of 14 feet in width.
d. Off-road motorized vehicle use in riparian buffers areas is prohibited.
e. Riparian buffer areas shall be established from the ordinary high water mark.
Water bodies classified by the Water Typing System (WAC-222-16-030) or if
unclassified, as described below and in WAC-222-16-030, have the following
buffer area requirements:
Water Type, General Description (see WAC-222-16-030) Buffer
Type 1, Shorelines of Statewide Significance 250 feet
Type 2, perennial stream with channel >20' wide 100 feet
Type 3, perennial stream with channel > 10' wide 100 feet
Type 4, Stream with channel < 10', effects-quality of
type 1,2, or 3 75 feet
Type 5, Stream not classified as 1,2, 3 or 4 25 feet*
= No buffering requirement for type 5 streams when there is no connection to type 1,2,3
or 4 stream
f. The Director has the authority to reduce the buffer widths shown above by up
to 25 % if:
(i) A riparian buffer area is fenced to prevent damage to vegetation by livestock
along its entire length or;
(ii) A riparian buffer area is enhanced using native plants including trees and
shrubs according to a plan prepared in consultation with the Spokane County
Soil Conservation District and the Washington State Department of Fish and
Wildlife. The plan shall include numbers and species of plants, a planting
schedule and maintenance agreement to insure long term survival.
g. The Director has the authority to increase the buffer widths shown above by
up to 25% on a case by case basis when a larger buffer is necessary to
protect the fish and wildlife using the stream and riparian area. This
determination shall be supported by appropriate documentation showing that
the increased buffer width is reasonably related to the protection of the fish
and/or wildlife using the stream and riparian area as indicated by meeting one
or both of the following criteria:
(i) The land adjacent to the water is susceptible to severe erosion and other
erosion control measures will not prevent adverse impacts.
Chapter 11.20 44 Spokane County Critical Areas Ordinance
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(ii) The land adjacent to the water has minimal vegetative cover or slopes
greater than 30 percent
h. The Director has the authority to modify the standard buffer widths by
averaging buffer widths. Averaging of buffer widths shall be allowed only
when all of the following are demonstrated.
(i) Averaging will provide the necessary biological, chemical and physical
support necessary to protect the fish and wildlife using the riparian area in
question, taking into account the type, intensity, scale and location of the
proposed use or activity;
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(ii) The riparian area contains variations in sensitivity due to existing physical
characteristics which justify the averaging;
(iii)The land uses causing the least disturbance would be located adjacent to
areas where the buffer width is reduced and that such land uses are
guaranteed in perpetuity by covenant, deed restriction, easement or other
legally binding mechanism;
(iv)The total area contained within the buffer after averaging is no less than that
contained within the standard buffer prior to averaging.
3. Wetland habitat performance standards shall be according to the provisions of
Section 11.20.050.
4. All development proposals shall follow the Bald Eagle Protection Rules (RCW
77.12.655 and WAC 232.12.292), as now or hereafter amended, when the
proposal is likely to have a direct impact on the habitat of the Bald Eagle.
D. Habitat Management Plans
A habitat management plan shall be prepared for regulated uses or activities (refer to
Table 11.20.030A which are located in a priority habitat or within 1/4 mile of a non-
game priority species point location (den or nest site) if it is determined by the Director
that the proposal is likely to have a significant adverse impact on the priority habitat or
species. The determination of a need for additional information (habitat management
plan) shall be made by the Director in consultation with the Washington State
Department of Fish and Wildlife or other authority as determined by the Director. The
following describes the requirements of a Habitat Management Plan.
This report shall identify how the impacts from the proposed use or activity will be
avoided or mitigated through habitat mitigation which meets the purposes of this
ordinance. The Management Recommendations for Washington's Priority Species
(1991), as now or hereafter amended, and consultation with a habitat biologist from the
Washington State Department of Fish and Wildlife shall be the basis for the report.
The Habitat Management Plan shall be prepared by a qualified biologist shall be
approved in writing by the Director and shall contain but not be limited to the following
information:
1. A map(s) prepared at an easily readable scale, showing:
a. The location of the proposed site;
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b. The relationship of the site to surrounding topographic and built features;
c. The nature and density of the proposed use or activity;
d. Proposed building locations and arrangements;
e. A legend which includes:
(i) A complete and accurate legal description. The description shall
include the total acreage of the parcel;
(ii) Title scale and north arrow;
(iii) Date;
(iv)Certification by a qualified biologist.
f. Existing structures and landscape features including the name and location of
all water bodies.
g. Location of priority habitat types or priority species point locations.
2. A report which contains:
a. A description of the nature, density and intensity of the proposed use or
activity in sufficient detail to allow analysis of such land use change upon
identified wildlife habitat;
b. An analysis of the effect of the proposed use or activity upon fish and wildlife
species and their habitats, identified within the Priority Habitat and Species
Program as defined in this ordinance.
c. A plan which explains how the applicant will avoid, minimize or mitigate
adverse impacts to fish and/or wildlife habitats created by the proposed use
or activity. Mitigation measures within the plan may include, but are not
limited to:
(i) Establishment of buffer areas;
(ii) Preservation of critically important plants and trees;
(iii)Limitation of access to habitat area;
(iv)Seasonal restriction of construction activities;
(v) Clustering of development and preservation of open space;
(vi)Signs marking habitats or habitat buffer areas;
(vii) Title notice or plat dedication warning statements;
(viii) Conservation easements.
d. Review comments by a habitat biologist from the Washington State
Department of Fish and Wildlife (WDFW). If the habitat management plan
recommends mitigation involving federally listed threatened or endangered
species, migratory waterfowl or wetlands, the U.S. Fish and Wildlife Service
shall receive a copy of the draft habitat management plan and their review
comments shall be included in the final report.
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The Washington State Department of Fish and Wildlife and, if required, the U.S. Fish
and Wildlife service shall respond in writing to the Director with review comments or a
request for additional information within 15 days from the date of issuance of a draft
habitat management plan. If review comments or a request for additional information is
not received in the prescribed time frame, the state and/or federal review comments on
the habitat management plan shall not be required. The Director shall have the
authority to approve habitat management plans or require additional information.
E. Financial Guarantees
The director may require the applicant to post a performance bond or other security
according to the guidelines contained in Section 11.2O.050G to ensure implementation
of the requirements of any mitigation plan approved pursuant to this section.
F. Habitats and Species of Local Importance
In addition to the Priority Habitats and Species recognized by WDFW, a process is
provided for listing or delisting other habitats and species that are important locally to
the people of Spokane County. This action may be initiated at the request of the
Washington State Department of Fish and Wildlife, other government agency, county
staff, non-profit organization or interested citizen.
Any such request shall be in writing and shall include:
1. the common and scientific name for a species under consideration;
2. habitat location on a map (scale 1:24,000);
3. demonstrate a need for special consideration based on:
a. declining or increasing population;
b. sensitivity to habitat manipulation; or
c. commercial or game value or other special value, such as public appeal.
4. habitat management recommendations, including potential uses and restrictions
of the habitat areas, seasonally sensitive areas and other guidelines necessary
for the protection of the species;
5. reasons for the species/habitat to be designated or deleted from designation as
a priority habitat or species.
6. name and address of the nominator, along with a statement of support for the
nomination signed by the owner of the property on which the habitat is located.
7. other supporting documentation.
Submitted proposals will be reviewed by county staff, WDFW and/or other local, state
or federal agencies or experts for comments and recommendations regarding accuracy
of the data and effectiveness of proposed management strategies.
A public hearing shall be held for proposals found to be completed pursuant to the
process contained in Section 14.402.060 of the Spokane County Zoning Code.
- Approved nominations will be designated priority habitats/species as appropriate and
will be given all protection under this ordinance afforded other priority habitats and
species.
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G. Incentives and Stewardship Options
A variety of incentives and stewardship options which are available for preservation of
priority habitats are presented in Section 11.20.080 of this ordinance.
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11.20.070 - GEOLOGICALLY HAZARDOUS AREAS
A. Classification Characteristics
Geologically Hazardous Areas shall include both erosion and landslide hazard areas
and be determined by the following characteristics:
1. Erosion and/or landslide Hazard Areas in Spokane County shall contain at least
one of the following characteristics.
a. A slope of 30% or greater.
b. Soils identified by Natural Resource Conservation Service as having a severe .
potential for erosion (see Section 11.20.090H Appendix H).
c. Hydraulic factors such as existing on-site surface and groundwater or
changes in hydraulic factors, caused by proposals that create a severe
potential for erosion or landslide hazard.
d. Areas that historically have been prone to Iandsliding (areas adjacent to
lakes, streams, springs) or any one of the following geologic formations
alluvium, landslide deposit, Latah formation.
e. Areas of uncompacted fill.
f. Areas that are unstable as a result of rapid stream or stream bank erosion.
B. Identification and Mapping
Data sources are available from Spokane County that are used in the mapping of the
characteristics for Geologically Hazardous Areas. The existing map sources provide a
general level of information and are not intended to pinpoint erosion or landslide
hazards on individual sites or properties. Specific information may be provided by the
applicant that indicates characteristics are not present on the site or that the proposal is
not located within nor will impact a Geologically Hazardous Area. In addition, there may
be areas not designated on Spokane County maps that exhibit the characteristics of
Geologically Hazardous Areas. It is the intent of this ordinance to require all areas
which meet the classification characteristics of Geologically Hazardous Areas to meet
the requirements of this section.
Lands that meet the classification characteristics for erosion and landslide hazard areas
are mapped and used to flag areas within Spokane County that have a high probability
to meet the classification characteristics. The Geologically Hazardous Areas maps
shall be updated as more accurate information becomes available to aid the public and
project reviewers. Classification characteristics are identified as follows:
1. Soil Characteristics are identified as those areas containing soils which
according to the U.S. Department of Agricultural Soil Conservation Service
(SCS) Classification System may experience severe to very severe erosion
based on a formula which is based on several factors including rainfall, slope,
soil erodability and other factors. The formula and a listing of soils within
Spokane County which have a severe potential for erosion are listed in Section
11.20.090H Appendix H. Landslide hazard areas are based on a combination of
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geologic, topographic (slope) and hydraulic factors and have a high susceptibility
to landslides.
2. Geologic Characteristics are areas identified and described by the Washington
State Department of Natural Resources and include:
a. alluvium
b. landslide deposits
c. Latah formation
3. Topographic Characteristics include areas within Spokane County with severe
site topography or slopes of 30% or greater and have a severe potential for
erosion and/or landslide hazards.
4. Other Characteristics. Hydraulic features include surface and groundwater
conditions and the hydraulic changes resulting from a proposal. Uncompacted
fill-areas or steep-cuts as a result of site grading, construction activities or
resource extraction.
C. Regulations
The following regulations shall be used when activities and uses as described in Table
11.20.030A, are located within Geo-hazard Areas:
1. Unified Building Code Chapter 18 in conjunction with Appendix Chapter 70 titled
"Excavation and Grading" as amended.
2. County Code Section 13.28.050 Flood hazard, inundation or geological hazard
as amended.
If the regulations noted above do not provide adequate mitigation of impacts as
determined by the Director, then a geo-hazard mitigation plan prepared by a qualified
landslide or erosion specialist shall be required.
D. Geo-hazard Mitigation Plan and Geo-hazard Evaluation
1. Geo-hazard Mitigation Plans. When the Director determines that the impact of a
use or activity located in a geo-hazard area cannot be mitigated through
standards identified in Section 11.20.070C, a geo-hazard mitigation plan shall be
prepared to identify construction standards for the proposal. Geo-hazard
mitigation plans shall conform to Spokane County guidelines for stormwater
management or any subsequent regulation adopted by Spokane County
providing erosion and landslide protection. A geo-hazard mitigation plan,
prepared by a qualified landslide or erosion specialist, shall be prepared for
building permits, road construction, utilities and storm drainage facility
installations within a geo-hazard area.
2. Geo-hazard Evaluation, Preliminary Report. A geo-hazard evaluation or
feasibility report shall be prepared by a qualified landslide or erosion specialist
and submitted with applications for preliminary plats, short plats, P.U.D.'s,
binding site plans; zone reclassifications, conditional use permits, variances,
manufactured home park site plans or top soil removal permits located in
geologic hazard areas.
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The geo-hazard evaluation shall document the extent and nature of geo-hazard
on the subject property and shall provide mitigating measures and an
assessment of geo- hazards associated with the proposal. A more detailed geo-
hazard mitigation plan may be required at the time of building permit application
or actual construction approvals.
3. Subdivision Dedication Notice. Final subdivisions, short plats and binding site
plans located within geo-hazard areas shall contain language in the plat
dedication to indicate lots or portions of lots that are affected by geo-hazards.
In addition, building setback lines may be drawn on lots, parcels and tracts so as to
indicate suitable areas for construction of structures or improvements.
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Chapter 11.20 51 Spokane County Critical Areas Ordinance
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11.20.080- INCENTIVES
A. Property Tax and Income Tax Advantages
1. Property Tax Relief. The Spokane County Assessor shall consider the Wetlands
and Wetland Buffer Areas, Fish & Wildlife Habitat Conservation Areas and
Geologically Hazardous Areas contained within this ordinance when determining
the fair market value of land.
Any owner of a wetland, wetland buffer area, fish &wildlife habitat conservation
area who has dedicated a conservation easement or entered into a perpetual
conservation restriction with a department of the local, state, or federal
government; or a nonprofit organization to permanently control some or all the
uses and activities within these areas may request that the Spokane County
Assessor reevaluate that specific area consistent with those restrictions and
provisions of open space land current use taxation.
2. Federal Income Tax Advantages. There are significant federal income tax
advantages that can be realized by an individual or estate for gifts of real
property for conservation purposes to local governments or non-profit
organizations such as land trusts. The specific rules on federal income tax
deductions can be found in Section 170 of the Internal Revenue Code.
B. On-Site Density Transfer
Residential density may be transferred from a wetland, wetland buffer area or buffer
area which is required to protect priority habitats, species areas or geologically
hazardous areas. On-site residential density transfer shall be determined by the zone
classification of the property. The use of on-site residential density transfer or
clustering and use of the Planned Unit Developments (PUD's) Overlay Zone and Bonus
Density is encouraged as a means to protect and preserve Wetlands, Wetland Buffers
and Fish & Wildlife Habitat Conservation Areas. The provisions of the Spokane County
Zoning Code shall control the use of on-site density transfer or clustering, the use of
Planned Unit Developments (PUDs) and Bonus Density.
C. Transfer of Development Rights
If a site contains a regulated Wetland, Wetland Buffer, or buffer area which is required
to protect Priority Habitats or Species Areas or Geologically Hazardous Areas, a person
may transfer residential development rights (TDR) by meeting the following criteria:
1. The TDR must be associated with a complete Planned Unit Development (PUD)
residential development application filed with Spokane County for the receiving
site(s). The TDR request shall be included in the application.
2. The Hearing Body shall consider the request for TDR at the public hearing for
the land use proposal for the receiving site.
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3. To assure that the sending site (Wetland, Wetland Buffer, Priority Habitat or
Species Areas or Geologically Hazardous Areas) is adequately protected, a
restriction shall be placed on the deed of the pending designated areas. This
restriction shall be required regardless of the number of dwelling units for which
development rights are transferred. A memorandum of agreement (MOA)
between the applicant and the Department shall be recorded with the Spokane
County Auditor. The MOA shall refer to all deed restrictions and restrictions on
activities in the designated area.
4. If the designated area is degraded as a result of human or agricultural activity,
the applicant may be required to enhance the designated area according to an
enhancement plan approved by the Department.
5. Except for required enhancement, the designated area shall remain in a natural
condition. This shall be indicated by a note on the face of any final plat, final site
plan, or other final approval for activity on the sending site. In the case of a
formal subdivision, the designated area shall be placed in a separate tract,
6. TDR shall not exceed the number of dwelling units which would be allowed in the
designated area of the sending site according to the zoning designation of the
sending site, if there were no development restrictions tied to the designated
areas. This number of dwelling units shall be equal to the number of dwelling
units that could be produced on the designated area if the sending site were
subdivided in terms of the minimum requirements of the underlying zone.
7. TDR may go to more than one receiving site; however, this shall not increase the
total number of transferred dwelling units which are allowed.
8. The increased number of dwelling units on the receiving site(s) shall not be more
than the number of dwelling units allowed according to the zoning designation of
the receiving site(s). The beginning number of dwelling units (that is, the allowed
number prior to TDR) at the receiving site(s) shall be equal to the number of
dwelling units that can be produced on the same site if the site were subdivided
in terms of the minimum requirements of the underlying zone.
9. TDR shall be allowed only if the land use proposal on the receiving site(s) is
designed in such a way that the increased density:
a. Is consistent with any land use plan associated with the receiving site and
with goals, purposes, and intents of the zoning designation of the receiving
site: and
b. Is compatible with existing and likely future developments in the vicinity; and
c. Adequately addresses infrastructure, natural constraints and other
constraints, and does not result in significant environmental impacts.
10.The TDR shall not be approved until final plat approval or other required final
approval for the receiving site is granted by Spokane County.
Chapter 11.20 53 Spokane County Critical Areas Ordinance
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CRITICAL AREAS ORDINANCE
Separate Appendices
Appendix A - FEDERAL MANUAL FOR IDENTIFYING AND DELINEATING
JURISDICTIONAL WETLANDS (1987), as amended
Appendix B -WASHINGTON STAE WETLANDS RATING SYSTEM FOR EASTERN
WASHINGTON, as amended (Kathy Smith has a copy for duplication)
Appendix C - CLASSIFICATION OF WETLAND AND DEEP WATER HABITATS OF
THE UNITED STATES (1979), as amended (Tim Lawhead will get us a
copy.)
Appendix D - INFORMATION TO BE INCLUDED IN WETLAND REPORT (Included in
Critical Areas Ordinance)
Appendix E - TITLE NOTICE FOR WETLANDS AND WETLAND BUFFER AREAS
(Included in Critical Areas Ordinance)
Appendix F - MANAGEMENT RECOMMENDATIONS FOR WASHINGTON'S
PRIORITY HABITATS AND SPECIES (1991) as amended. (Kathy Smith
has a copy for duplication)
Appendix G -WASHINGTON PRIORITY HABITATS AND SPECIES (1993), as
amended
Appendix H - BUILDING SITE DEVELOPMENT WATER EROSION HAZARD (Included
in Critical Areas Ordinance)
Appendix I - LS VALUES (Length of Slope) (Included in Critical Areas Ordinance)
Chapter 11.20 54 Spokane County Critical Areas Ordinance
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