A. Exemptions: Firebreaks and related site alterations made by fire incident command personnel and used to protect public and private property from an active wildfire shall not be subject to the requirements of this chapter.
B. Exclusions: Unless the intent of the landowner or his/her authorized agent is to circumvent the purposes of the mountain overlay district regulations, the requirements of this chapter shall not apply to the following, provided the landowner or agent, before commencing any site alteration, first obtains a written decision from the administrator, in consultation with the county engineer or his/her designated representative, that the site alteration falls within and meets one of the following categorical exclusions:
1. On lands outside of scenic corridor 1 (SC1):
a. Roads used primarily for agricultural purposes.
b. Agricultural fences and equipment and activity directly related to agricultural purposes.
2. On lands outside of scenic corridor 1 (SC1) and until such time as subdivision or planned unit development are proposed:
a. Single-family residences; provided, that:
(1) They are not skylined;
(2) They are located among agricultural buildings and structures on lands used primarily for agricultural purposes; and
(3) They are inhabited by agricultural property owners or their employees.
b. Agricultural structures which do not require a building permit; provided, that they are not skylined.
3. On lands inside of scenic corridor 1 (SC1): Single-family residences or structures or uses where all structures and improvements are certified by a state licensed surveyor to be located outside and below lands greater than fifteen percent (15%) slope, as measured by the contour line demarcating the lowest fifteen percent (15%) slope on the parcel.
4. On lands inside the mountain overlay district buffer: Single-family residences or accessory structures or uses where all structures and improvements are certified by a state licensed surveyor to be located outside lands greater than twenty five percent (25%) slope. On lands inside the mountain overlay district buffer and scenic corridor 1, applicants seeking a categorical exclusion must meet the requirements of both subsection B3 of this section and this subsection B4.
5. Valid permits and platted building envelopes approved prior to the effective date of ordinance 91-15 on December 18, 1991. This exception includes all structures built within the platted building envelope.
6. Any building, other structure, access road and/or driveway that is not visible from a reference road. Plans submitted to the county for building permit and/or road/driveway construction for such development shall include and demonstrate, in addition to all other requirements, revegetation with native or native compatible vegetation to prevent erosion; compliance with all applicable road and driveway standards, including all applicable grade standards; appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability; and approval from the applicable fire district/marshal and the South Central health district for on site sewage disposal.
7. The locations of existing platted unbuilt roads within platted subdivisions existing prior to the effective date of ordinance 91-15 on December 18, 1991, will be allowed a driveway/road exception provided the road shall meet the evaluation standards as set forth in subsections 9-21-5D4, D5, D7 and D8 of this chapter. This may require a realignment of the platted unbuilt road.
8. Platted lots existing prior to the effective date of ordinance 91-15 on December 18, 1991, may be combined to reduce the number of lots within the mountain overlay district and such existing lots may be amended for the purpose of designating a building envelope. Replat applications necessary therefor shall not be considered new subdivisions however, shall be subject to public notice and hearing and criteria contained in title 10 of this code as they relate to drainage, suitability of soils for septic systems, emergency and road/driveway access and erosion control.
9. Chairlifts as part of a bureau of land management or United States forest service or county approved ski area permit.
10. Underground utility structures working in accordance with a county approved permit.
11. Testing necessary to meet the requirements of subsection 9-21-5B of this chapter.
12. Incidental planting and transplanting of vegetation by hand tools.
13. Maintenance, repair and improvement of any building, other structure, or hillside road that was in existence and lawful before December 18, 1991, the effective date of ordinance 91-15, or lawfully constructed thereafter, which does not increase its visibility from any reference road, provided the plans for such maintenance, repair and improvement demonstrate appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability.
14. The construction, installation, siting or operation of a wireless communication facility when said proposed facility: a) is in the immediate vicinity of one or more wireless communication facilities existing as of the effective date of Blaine County ordinance 2001-10 on October 10, 2001; and b) is no higher than any existing WCF in the immediate vicinity. The fact that a WCF may qualify for a categorical exclusion from the site alteration permit requirements of the mountain overlay district, shall not exempt the WCF from the requirements of section 9-3-16 of this title. Plans submitted to the county for the construction, siting or installation of a wireless communication facility shall include and demonstrate, in addition to all other requirements, revegetation with native or native compatible vegetation to prevent erosion; appropriate measures or design features to prevent soil erosion, silting of lower slopes, slide damage, flooding, and any other geologic instability.
C. Subdivision Exclusion: Upon application to the board, subdivisions platted before June 16, 1994, may propose to enter into agreement with the county to exempt building lots within that subdivision from the site alteration permit procedures contained herein, provided that any such building site and proposed structures are not visible from Highway 75. To qualify for this exclusion, the subdivision shall meet, at a minimum, the following criteria and conditions:
1. The subdivision has an effective design review committee that has been in existence for at least two (2) years prior to application for exemption.
2. Architectural design review standards of the subdivision are submitted to the county for review and approval to ensure that the standards of subsection 9-21-5D of this chapter are included.
3. Once approved by the county, the subdivision design review standards may not be changed by the subdivision without the approval of the county.
4. The administrator or commission shall be notified and is allowed to attend subdivision design review sessions to ensure the goal of minimizing visual impact is emphasized.
5. The county may revoke a subdivision exclusion if it finds that the subdivision design review committee decisions do not comply with approved design standards or the intent of this chapter. Should the subdivision fail to conduct design review according to the agreement with the county, the county may terminate said agreement and revoke exemption.
D. Administrator's Review Of Categorical Exclusions: The administrator, in consultation with the county engineer or his/her designated representative, shall review all written requests for determinations of categorical exclusions under subsection B of this section, and promulgate appropriate forms to be used for such requests. The applicant shall have the burden of demonstrating that the proposed site alteration falls within and meets the requirements of a categorical exclusion. The administrator, prior to issuance of its decision, may request additional information from the applicant, including, without limitation, technical review from the county engineer at the applicant's expense, and the failure to provide such requested information within sixty (60) days of request shall be grounds for denial of the request for determination of categorical exclusion. Any person aggrieved by the written decision of the administrator as to a categorical exclusion may appeal the administrator's decision to the board according to the procedures and time requirements of section 9-32-3 of this title.
E. Exception To Written Decision Requirement: Notwithstanding any provision of this title to the contrary, a written decision of the administrator shall not be required prior to commencing a site alteration that falls within and meets a categorical exclusion stated in subsection B1b, B2, or B5 of this section. (Ord. 2024-04, 2-13-2024; Ord. 2023-01, 1-3-2023; Ord. 2015-02, 3-10-2015; Ord. 2010-04, 4-6-2010; Ord. 2007-02, 3-20-2007; Ord. 2006-04, 6-29-2006; Ord. 2001-10, 10-1-2001; Ord. 98-1, 1-7-1998; Ord. 94-15, 11-14-1994; Ord. 94-6, 6-16-1994; Ord. 91-15, 11-25-1991; Ord. 77-5, 3-28-1977, eff. 4-7-1977)