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- Department of
- Development and Environmental
- Services
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- Three ordinances
- K.C.C. 21A - zoning code (Ordinance 15051)
- K.C.C. 16.82 - clearing and grading (Ordinance 15053)
- K.C.C. Title 9 - stormwater (Ordinance 15052)
- Effective date: January 1, 2005
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4
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- New definitions
- New critical areas
- New alteration table
- New alteration exception replaces PAUE and variance
- New wetland and aquatic area classification systems and buffer widths
- Critical area designation required prior to septic system and well
approval
- New alternative methods for approval: farm and rural stewardship plans
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5
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- Channel migration hazard areas (component of flood hazard area)
- Critical Aquifer Recharge Area -
(CARA) moved from K.C.C. 20.70
- Wildlife habitat network - moved from K.C.C. 21A.14
- Wildlife Habitat Conservation Area
- Aquatic areas (streams, lakes, and marine shorelines)
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- Any human activity that results or is likely to result in an impact upon
the existing condition of a critical area
- Includes: grading, clearing, applying pesticides, grazing domestic
animals, cutting, pruning, topping
- Does not include: passive recreation
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7
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- Must comply with critical area development standards
- If in a “limited alteration” critical area, must also comply with
alteration conditions
- May need a permit
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8
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- All alterations, subject to development standards, are allowed in:
- Critical aquifer recharge area
- Coal mine hazard area
- Erosion hazard area
- Flood hazard area (except severe channel migration hazard area)
- Landside hazard area under 40% slope
- Seismic hazard area
- Volcanic hazard area
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9
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- Only alterations on alterations table are allowed in:
- Severe channel migration hazard area
- Landslide hazard area over 40% slope
- Steep slope hazard area
- Wetlands
- Aquatic area
- Wildlife habitat conservation area
- Wildlife habitat network
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10
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- New alterations table for those critical areas where alterations are
limited
- Replaces complete and partial exemptions sections of SAO
- Supplemented with a new table in K.C.C. 16.82 for grading permits
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11
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12
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- 1. Limited to farm residences in
grazed or tilled wet meadows and subject to the limitations of
subsection D.3. of this section.
- 4. Allowed if no clearing, external construction or other disturbance in
a wildlife habitat conservation area occurs during breeding seasons
established under section 198 of this ordinance.
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13
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- Permit may be required, for example building, clearing or grading
- Fire safety
- Follow Fire Marshal BMPs in wetlands, aquatic areas, and wildlife areas
- Not allowed in land slide hazard areas and steep slopes
- Allowed without restriction in other critical areas
- Firewood collection
- In wetlands, aquatic areas, steep slopes, allowed for personal use
- Not allowed in wildlife areas
- Allowed without restriction in other critical areas
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14
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- Expansion or replacement of existing structures
- Maintained SAO allowances
- Residence – In buffers of most critical areas, including wetlands,
aquatic areas and wildlife areas, replace or expand by up to 1,000
square feet
- Other structures – can replace,
but generally cannot expand
- Docks and piers
- Construction of new docks and piers generally limited to seasonal
structures
- Repair and replacement generally allowed
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15
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- Director's modification, public agency and utility exception (PAUE) and
sensitive areas variance repealed
- Linear and non-linear exception replace PAUE and variance
- Reasonable use exception is modified slightly
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16
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- Infrastructure that supports development that is linear in nature and
includes, public and private roadways, public trails, private driveways,
railroads, utility corridors and utility facilities
- Allows alterations to critical areas and critical area buffers
- May alter a condition on the table but not a development standard
- Must meet approval standards including:
- it connects to or is a public roadway, public trail, utility corridor
or utility facility owned or operated by a public utility or
- required to overcome limitations due to gravity
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17
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- Only allows alterations to buffers of wetlands, aquatic areas and
wildlife habitat conservation areas; not to the critical area itself
- Exception for category II, III or IV wetland for a public school
facility
- May alter a condition on the table but not a development standard
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18
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- A component of the flood hazard area
- Four areas already mapped – three additional areas in process
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20
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- Aquatic area buffer extends to outer edge of severe channel migration
hazard area
- Limits on new structures, roads, etc. within the severe CMZ
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21
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- Three categories based on:
- Groundwater susceptibility to contamination
- Well-head protection area or sole source aquifer
- Saltwater intrusion
- Generally, if any part of parcel is in CARA, entire parcel is subject to
regulations
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- Development standards limit types of activities allowed. For example:
- Hazardous waste disposal facilities not allowed in any CARA
- Underground storage tanks with hazardous substances in category l CARAs
and on Vashon Island, including exempt tanks, must meet state and
federal standards
- In category 1 and 2 CARAs, lots less than 1 acre must use special
on-site septic systems
- New wells on Vashon Island must test for chloride
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- Protect breeding sites of species covered by the Comprehensive Plan
- Some species protected county-wide; others protected only in rural areas
- 10 species with specific development standards
- Other species handled on a case by case basis
- Protects breeding habitat, not foraging habitat
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- Protect everywhere
- Bald eagle
- Great blue heron
- Marbled murrelet
- Spotted owl
- Osprey
- Peregrine Falcon
- Protect outside UGA
- Northern goshawk
- Townsend’s big-eared bat
- Vaux’s swift
- Red tailed hawk
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- Vesting
- Short plats: Critical areas, Stormwater, Clearing and grading in effect
at time complete application submitted
- CUPs - vested to regulations at time complete application submitted
- Variances and reasonable use exceptions – vested to regulations in
effect when anchor permit is vested
- Septic system and wells approved prior to January 1, 2005 subject to
regulations in effect at time of approval
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28
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30
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- Focus on wetlands and aquatic areas
- Outline categories, classification and associated buffers
- Provide resources to aid applicants in critical area assessments
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- 2004 Wetland Rating System for
- Western Washington
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- Wetlands are:
- Non-aquatic areas (for purposes of definition)
- Inundated or saturated by groundwater at a frequency and duration
sufficient to support, and under normal circumstances that does support,
a prevalence of vegetation typically adapted for life in saturated soil
conditions.
- Does not include artificial features made from a non-wetland areas
(except for intentionally constructed wetlands for the purpose of
mitigation).
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- Estuarine
- Natural Heritage Wetland (DNR)
- Bog
- Mature or Old Growth Forest
- Others:
- Forest
- Scrub-shrub
- Emergent
- Wet meadows
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- Wetlands are grouped based on landscape position and water regime
- Depressional
- Riverine
- Lake fringe
- Slope
- Freshwater tidal
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- CAO adopts the Department of Ecology’s Wetland Rating and mitigation
methodology
- Vetted through local, state and federal agencies to “harmonize”
multi-agency reviews
- Wetlands are classified into four categories based on specific
attributes such as rarity, sensitivity, and function.
- Functions include water quality, hydrologic, and habitat
- Wetland Rating Form – point system
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- Unique or rare wetland
- Ecological attributes that are impossible to replace in a human lifetime
- Examples: estuarine, bogs, mature and old-growth forests, wetlands that
perform many functions well
- Total score of 70 points (out of 100)
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- Difficult but not impossible to replace
- Examples include smaller estuarine, mature forests, wetlands that
perform functions well
- Score between 51 to 69 points
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- Wetlands with functions that perform at a moderate level
- Disturbed in some way, less diverse and more isolated
- Scores between 30 to 50
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- Wetlands with the lowest level of functions
- Heavily disturbed
- Wetlands that we should be able to replace or improve
- Scores less than 30
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- Important to decrease wetland isolation
- Urban “high condition” basins and rural areas
- Grouping of two or more wetlands
- At least one Category 1 or 2; or
- Three category 3 wetlands; or
- Four category 4 wetlands
- Within 500-feet of each other
- Connected by a vegetated corridor
- No barriers present
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47
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48
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49
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- Urban buffers may be decreased by 25 feet if:
- the applicant implements all applicable mitigation measures identified
in Table 2, or
- the applicant proposes alternate mitigation to reduce the impacts of
the development and the department determines the alternative provides
equivalent mitigation (buffer averaging, enhancement)
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51
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- Buffer Width Averaging
- Decrease the buffer in one area and increase the buffer in another area
of the wetland
- The new buffer will provide additional protection to wetlands or enhance
their functions
- The total area contained in the buffer on the development proposal site
does not decrease
- The additional buffer is contiguous with the standard buffer
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- Rural Stewardship Plan
- Applicable to sites zoned rural residential
- A commitment to provide better management of critical areas and natural
resources than would otherwise be achieved through the CAO
- In exchange for increased stewardship an applicant may be eligible for
buffer flexibility
- PBRS (Public Benefit Rating System)
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53
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- Farm Management Plan
- Applicable for properties that are or will be predominantly used for
agriculture
- Use best management practices developed for agriculture by the Natural
Resource Conservation Service
- Farm Management Plan will protect critical areas and also support the
viability of farm operations
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- Prior to an alteration an applicant must apply the sequential measures
- Seven measures listed in order of priority
- First Measure is avoiding impacts altogether
- Second measure is minimize the impacts
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- On-site
- Based on ratios of mitigation to impact
- Re-establishment (restoration) –
return historic functions -
remove fill
- Rehabilitation – (restoration) – return historic functions – breaching
dike
- Enhancement – Improve a specific function – planting native vegetation
- Creation – establish wetland on upland site
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- Off-site
- Mitigation off the proposal site
- Off-site mitigation will achieve equal or greater functions
- DDES in process of developing a resource mitigation reserve
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57
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58
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- Includes existing stream regulations and adds lakes and marine
shorelines – excludes wetlands
- Buffers will apply to large lakes and marine shorelines, which will
pre-empt shoreline regulations
- New buffer widths
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60
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- Puget Sound
- Snoqualmie River
- Ames Lake
- Issaquah Creek
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61
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62
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63
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64
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- Tuck Creek
- Mill Creek, Rock Creek
- All lakes and ponds smaller than 20 acres that contain fish or fish
habitat.
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65
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- The steep upper reaches (often seasonal and un-named) of other wetlands
or fish bearing streams.
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66
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- Prior to an alteration an applicant must apply the sequential measures
- Seven measures listed in order of priority
- First measure is avoiding impacts altogether
- Second measure is minimize the impacts
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- Buffer Width Averaging
- Farm Plan
- Rural Stewardship Plan
- Alteration exception
- Reasonable use exception
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70
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- Internet:
- www.metrokc.gov/ddes/cao
- www.ecy.wa.gov/programs/sea/shorelan
- Critical Areas Manual
- Rules for rural stewardship and farm plans
- Dedicated staff at DDES to assist rural landowners without charge
- Codified ordinance now available
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72
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73
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74
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- New permit exception table that tracks the new critical area alteration
table
- New programmatic permits for activities that are repeated
- Seasonal clearing limits
- Soil retention requirements
- Class IV-G Forest Practices – Creates a special category of Class IV-G
forest practice that is not a conversion to a non-forestry use
- Expand clearing limits to all rural residential areas
- Tree retention standards apply in all urban areas
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75
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- Clearing – the cutting, killing, grubbing, or removing of vegetation or
other organic material by physical, mechanical, or any other similar
means
- Grading – any excavating, filling or removing of the duffer layer
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- Clearing and grading:
- Must meet requirements of clearing and grading code, even if permit not
required
- If is proposed for a critical area or critical area buffer, must also
meet critical area development standards
- Clearing and grading permit required, unless:
- Exception included on permit exception table
- Clearing and grading reviewed and approved by DDES as part of another
development proposal
- Permits valid for up to two years, programmatic permits valid for up to
five years
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- New exception table describes when a clearing and grading permit is not
required
- Tied to allowed alteration table in the critical areas ordinance
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- 1. Excavation less than five feet in vertical depth, or fill less than
three feet in vertical depth that, cumulatively over time, does not
involve more than one hundred cubic yards on a single site.
- 2. Grading that produces less than two thousand square feet of new
impervious surface on a single site added after the effective date of
this section. For purposes of
this subsection C.2., "new impervious surface" is defined in
K.C.C. 9.04.020.
- 3. Cumulative clearing of less than seven thousand square feet
including, but not limited to, collection of firewood and removal of
vegetation for fire safety. This
exception shall not apply to development proposals:
- a. regulated as a Class IV forest
practice under chapter 76.09 RCW;
- b. in a critical drainage
area established by administrative rule;
- c. subject to clearing limits included in
property-specific development standards and special district overlays
under K.C.C. chapter 21A.38; or
- d. subject to urban growth area
significant tree retention standards under section 17 of this ordinance
and K.C.C. 21A.38.230.
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80
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- No clearing and grading permit is required to:
- remove noxious weeds
- remove downed trees outside of critical areas
- cut firewood for personal use in wetlands and aquatic areas
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81
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- No clearing and grading permit is required to:
- Clear for fire safety
- Up to 7,000 square feet of clearing in most areas
- In wetlands and aquatic areas, clearing following Fire Marshal BMPs
- Graze livestock
- Horticulture
- Maintain agricultural ditches (with a farm plan)
- Forest practices
- Maintain lawns, landscaping, and gardens
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- Available for
- Clearing or grading that:
- is repetitive and part of a maintenance program;
- has the similar identifiable impacts; and
- standard permit conditions can be applied
- Forest practices under a county approved forest management plan
- DDES and applicant develop standard permit conditions
- Activities subject to inspection
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- Notify department prior to taking action, or within 48 hours after, if
prior notice not possible
- Requires imminent danger or risk to public health, safety and welfare of
persons or property
- Permits, corrective action, and mitigation required following a
pre-application meeting
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84
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- Erosion and sediment control measures
- All clearing and grading requires erosion and sediment control, even if
permit is not required
- Standards included in surface water design manual
- Seasonal clearing limits
- Applies county-wide
- From October 1 through April 30, clearing and grading allowed only if
applicant demonstrates ability to comply with SWDM standards
- Director may modify the limitation period based on weather conditions
- Water quality violation results in a stop work order
- Does not apply to some routine maintenance activities, typical
residential activities that do not require a permit, or emergencies
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85
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- New requirements:
- Limits on type of fill material allowed
- Duff layer and topsoil retained if possible
- Cleared and graded areas must have soil moisture holding capacity
restored to native site conditions
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86
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- Apply to all rural residential zoned property
- Clearing limits
- Lots less than 1.25 acres –
greater of amount legally cleared prior to Jan. 1, 2005 or
50%. Does not include drain
field and access
- Lots less than 5 acres – greater of amount legally cleared prior to
Jan. 1, 2005 or 50%
- Lots 5 acres or larger – greater of amount legally cleared prior to
Jan. 1, 2005 or 2.5 acres or 35%
- Subdivisions and short subdivisions – 35%; if placed in separate tract,
50%
- Bear Creek, Issaquah Creek, and May Creek Basins – 35% for lots greater
than 1.25 acres
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87
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- Activities that will not prevent long-term purpose of promoting forest
cover, including:
- Forest practices in accordance with a county-approved forest management
plan;
- Passive recreation uses and related facilities, including pedestrian,
equestrian community and bicycle trails, nature viewing areas, fishing
and camping areas, and other similar uses that do not require permanent
structures,
- Utilities and utility easements, including surface water facilities
- Pruning or removing hazardous trees or removing downed trees;
- Reducing the danger from wildfire by following best management
practices approved by the King County fire marshal;
- Removal of noxious or invasive vegetation
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- Applies inside urban growth area
- Defined as evergreens 8 inches in diameter and deciduous trees 12 inches
in diameter
- Required to be retained
- If more than 25% of the site is in critical areas and buffers,
provisions do not apply
- If retention on site is not possible, alternative off-site locations may
be used
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89
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- Clearing and grading code - legal clearing includes:
- Legal clearing before January 1, 2005
- Clearing under a permit application complete by October 25, 2004
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90
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91
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92
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- Purpose and the “big idea” behind Rural Stewardship Planning
- What Rural Stewardship Plans accomplish
- How WLRD staff will work with rural property owners
- Benefits
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93
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- Farm and Forestry planning, which will be covered at a later date…
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94
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- Executive directed flexibility options; recognition that landowners are
the best stewards of their land.
- Provide the same level of protection as regulatory standards –
protections can be met with something other than uniform regulations.
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95
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- Flexibility in meeting regulatory requirements means homeowners taking
responsibility for long-term care of critical resources and their
buffers.
- Only applied in rural residential zones – intended for single family
home sites.
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96
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- Avoid critical areas where possible and protect the value they offer.
- Preserve the highest quality habitat first.
- Protect or improve the flow and absorption of water on site.
- Protect native plants and avoid fragmentation of corridors between
wetlands, streams, etc.
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97
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- Use “best management practices” to reduce impacts of a development, e.g.
restoring native plants.
- Monitor, over time, what is working and what is not.
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98
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- Flexibility in meeting regulations
- Staff assistance
- Qualifying for property tax reduction
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99
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- Wetland buffers
- Buffers for creeks, streams, rivers
- Buffers for regulated wildlife habitat areas for priority species
- Clearing limits
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100
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- Standards are not flexible:
- Stay away from flood prone areas
- Stay off steep slopes, away from landslide hazards
- Protect critical groundwater recharge areas
- Building and sanitation code requirements
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101
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- Property owners receive assistance from WLRD staff, free of charge.
- Staff person acting as your partner in developing plan, advocate during
pre-application process.
- Available aerial photos and natural resource maps.
- Onsite field visits to assess property, permit needs and stewardship
opportunities.
- Assistance in developing the plan, which could reduce the overall cost
of a DDES permit.
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102
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- Clearly state land use and stewardship goals for the property.
- Work with County staff in developing the plan.
- Coordinate any technical documents necessary to support the proposal.
- Submit final stewardship plan to DDES.
- Commit to long-term stewardship.
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103
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- Property owner may qualify for reduction in property tax.
- Current Use Taxation program available throughout the state since 1972.
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104
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- Forest land – timber forest greater than 20 acres (273,300 acres
enrolled)
- Farm and agricultural land - livestock and farm products (30,900 acres
enrolled)
- Timber land – 5-20 acres managed under forest stewardship plan (2,900
acres enrolled)
- Public Benefit Rating System (5,400 acres enrolled)
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105
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- Property owners with an approved Stewardship Plan may apply for a tax
reduction, application fees have been waived.
- Points awarded according to open space resources:
- Natural resources
- Aquifer protection
- Forest and agriculture
- Stewardship plans
- Watershed protection areas
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106
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- Point totals translate into percent reduction of assessed value of the
land dedicated to open space. Can
range from 50-90% reduction.
- Home and building sites, landscaped areas, driveways and personal use
areas are not eligible for reduction.
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107
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- Three criteria
- Condition of the buffer
- Health of the drainage basin
- Location in the drainage basin
- Land owner objectives – what to do on property and where
- Site specific best management practices
- Replanting natives
- Removing invasive plants
- More stormwater management
- Flexibility in clearing and with buffers
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108
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- Condition of the buffer
- If good condition, one might stay away from it
- Get greater flexibility in clearing
- If poor condition, look for replanting
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109
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- Location in the drainage basin
- Higher up the basin, looking for less of a stream buffer, but increases
in forest cover.
- Lower in the basin, looking for improvements in the stream buffer and
water quality.
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110
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111
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- Health of the drainage basin:
- Ranges from good, medium and poor based on rate of development
patterns.
- Poor drainage basins will get greater flexibility with buffers, but
increases in requirements to replant.
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112
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- Katy Vanderpool,
- Rural Stewardship Program Coordinator
- 206-296-8362
- Katy.vanderpool@metrokc.gov
- Ted Sullivan
- PBRS Program Coordinator
- 206-296-6519
- Ted.sullivan@metrokc.gov
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113
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114
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115
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116
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- Review that enables applicant/property owner to determine the conditions
and constraints on future site development (King County Code
21A.24.500-510).
- Establishes a site plan with boundaries and classification of critical
areas
- Allows development planning with confidence and predictability
- Streamlines future building permit process. See Critical Areas Review Bulletin 21,
available on the DDES Web site at www.metrokc.gov/ddes.
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117
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- Required prior to health approval for new structures proposing to
install on-site septic systems or wells
- Ability to include evaluation/interpretation of buffers, proposed
alterations and mitigation
- Valid for five years
- Applies to existence, location and boundaries of Critical Aquifer
Recharge Area as well as aquatic area, wetland , CARA, coal mine hazard,
landslide and steep slope hazard
- Consolidated review option
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118
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- Scope can be adapted to meet the applicant’s needs:
- Limited Scope addresses only those issues and that portion of the
property requested by the applicant
- Comprehensive Scope addresses all critical areas in the proposed
development area. (Required for projects that propose new on-site
septic and/or wells.)
- The consolidated review option adds review of residential fire access,
addressing, and site engineering, allowing all site issues to be
pre-certified and vested
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119
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- “Permit in a box” for single family residential:
- Critical areas review
- Site engineering review
- Fire flow review
- Clearing limits
- Site requires no special exceptions
- Use preferred consultant
- $1,850 flat DDES review fee for critical areas, site engineering and
fire flow
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120
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- Site plan drawn to an engineering scale, with a north arrow, location
and dimensions of all property lines and easements, including any known
native growth protection easement areas or special setback areas.
- If designation is targeted on the parcel, identify and give dimensions
of the area to be evaluated on the site plan. Identify any existing
improvements, including structures and roads, on the property
- Show any known rivers, streams, swales, springs, seeps, wetlands, ponds,
steep slopes or areas of saturated ground on the property or within 300
feet.
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121
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- Topographic or boundary surveys
- Aerial photos
- Prior permits (building, grading, on-site septic or well etc.) or title
notification of sensitive or critical areas,
- Special studies including: wetland reconnaissance reports, wetland
delineations, aquatic area or stream reports, and geotechnical or soils
reports
- Technical information reports or drainage studies
- A vicinity map showing the general location of the property. If the
property is located in a difficult to find location, include driving
directions.
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122
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- Determine the type, location, boundaries and classification of any
critical area on site (includes buffers from known adjacent critical
areas)
- Determine if a critical area report is required
- Review reports
- Document the designation process to establish the classification and
location of the critical area
- Applicant can request that DDES do a critical area report for
wetlands/aquatic areas
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123
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- Letter with approved map documenting the location and classification of
critical area and or buffer
- Project file established in DDES system for future permit reference
- Applicant records designation
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- Fee varies according to nature of the request and the size and
complexity of the property
- Deposit of $796.95 covers 5.5 hours of review (average review time for
designations in 2004)
- Total fee based on the hourly rate of $144.90 and the actual review time
- Consolidated review option fee fixed at $1,850
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126
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127
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- Adopted by public rule pursuant to King County Council adoption of the
Stormwater Ordinance on October 25, 2004.
- Guidance draft of Manual update is posted at http://dnr.metrokc.gov/wlr/dss/Manual-Draft.htm.
- Stormwater Ordinance effective January 1, 2005. Public rule for Manual update
effective since January 24, 2005.
- Manual update is available for distribution and purchase.
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128
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- Drainage Review Thresholds
- Best Management Practices (BMP)
- Erosion & Sediment Control (ESC)
- Special Requirements
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129
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- New impervious surface threshold reduced from 5,000 SF to 2,000 SF, to
apply BMPs to smaller projects.
- New threshold added for 7,000 SF of “land-disturbing activity” to
improve erosion control.
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130
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- Threshold for large redevelopment projects changed per DOE Manual (i.e., ³ 5,000 SF of new + replaced
impervious area and project costs ³ 50% of the assessed value.
Transportation projects to be captured differently).
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131
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- Sensitive areas threshold changed to flood hazard areas only, due to new
2,000 SF threshold.
- Small Site Drainage Review becomes Small Project Drainage Review, has
new threshold, is no longer optional, and includes agricultural
projects.
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132
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- FC BMPs (a.k.a. low impact development BMPs) required in addition to,
and in the absence of, FC facilities on most developments.
- FC BMPs aim to prevent or reduce increased runoff at or near the source
of that runoff.
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133
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- FC BMPs include measures for increasing retention and/or infiltration of
rainwater and minimizing developed surfaces and runoff.
- Facility sizing credits given for FC BMPs.
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134
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135
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- Implementation responsibility and provisions:
- For single parcel projects, applicant is responsible.
- For subdivision projects, lot-specific provisions must be made for
future implementation by the home builder or lot owner.
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136
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- Declaration of covenant and grant of easement:
- Provide notice of BMPs & responsibility to maintain
- Reference and attach approved drainage plan
- Include operation and maintenance instructions
- Grant KC right of entry for inspection purposes
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137
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- ESC supervisor certified and approved
by the County.
- Sieve test replaced by turbidity test.
- Turbidity > 25 NTU requires
additional action as deemed necessary by the ESC Supervisor.
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138
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- Turbidity > 100 NTU
requires additional action as deemed necessary by the County.
- Measures added for construction site flow control, source control, and
dewatering.
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139
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- Steve Foley: 206-296-1973
- Kate Rhoads (water quality): 206-296-8046
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140
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