The following developments, activities, or associated uses are exempt from provisions of this title, provided they are consistent with provisions of other applicable local, state, and federal laws and requirements:
A. Emergencies:
1. Emergency activities that threaten public health, safety, welfare, or risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for review of compliance with requirements of this chapter may be exempted by written determination of the director.
2. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least practicable impact to the critical area and/or its buffer.
3. After the emergency, the entity undertaking the action shall fully restore and/or mitigate any impacts to the critical area and buffers resulting from the emergency action consistent with the approved critical areas report and mitigation plan prepared in accordance with the procedures outlined in this chapter for a new development permit.
B. Vegetation management that is part of ongoing maintenance of facilities, infrastructure, public rights-of-way, or utilities, provided the vegetation management activity does not expand further into the critical area or its buffer is exempt.
C. Maintenance, repair, or operation of existing structures, utilities, sewage disposal systems, water systems, drainage facilities, ponds, flood control facilities, electric and communications facilities, public and private roads and driveways, and improved areas accessory to a single family residential use including, but not limited to, landscaping, yard maintenance, and gardening is exempt. However, any person engaging in maintenance or repair activities shall use reasonable methods with the least practicable impact to critical areas. Any impacted critical area or its buffer shall be restored after the completion of maintenance/repair activities to the maximum extent practicable.
D. Modification, expansion, or replacement of any building in existence prior to July 1, 1990 that does not expand the building footprint area by more than fifteen percent (15%) or increase septic effluent according to Chapter 246-272 WAC is exempt, provided the following:
1. For existing buildings to be modified/expanded that are not located in the critical area, no portion of the expansion or modification shall be located closer to the critical area.
2. For existing buildings to be modified/expanded that are located in the critical area or its buffer, no portion of the modification or expansion shall extend further into the critical area and shall not result in an increase in impact to the critical area.
3. For replacement of an existing building or manufactured home, the replacement shall not increase the number of bedrooms or exacerbate nonconformity with critical area setbacks or buffer standards identified in this title.
A person granted an exemption under this section for a building cannot receive another exemption under this section for the same building unless ten (10) years has elapsed from the date of the previous exemption.
E. Passive recreation such as hiking, fishing, wildlife viewing, and scientific and educational endeavors that does not involve construction of trails, or similar minimal impact, non-development activities is exempt.
F. Construction or modification of navigational aids and boundary markers is exempt.
G. Site investigation or data collection necessary for land use applications such as surveys, soil logs, percolation tests and other related activities is exempt. However, critical area impacts shall be minimized and disturbed areas shall be restored to the maximum extent practicable.
H. Existing on-going agricultural operations including related development and activities that do not result in expansion into a critical area or its buffer or do not result in an increase in impact to a critical area are exempt. (Ord. 985, 10-5-2020)