The following activities shall be exempt from the provisions of this chapter:
A. Agricultural Activities: Existing and ongoing agricultural activities, provided no alteration of flood storage capacity or conveyance occurs.
B. Damaged Structures: Remodeling of structures in existence on the effective date hereof. When such structures are damaged by fire, explosion, or other unforeseen circumstances, they may be reconstructed or replaced within one year; provided, that the new construction or related activity does not further intrude into a critical area or established buffer and is subject to flood hazard areas reconstruction restrictions.
C. New Accessory Structures And Additions: New accessory structures and additions to structures provided that the lot coverage does not exceed a cumulative additional seven hundred fifty (750) square feet of impervious surface after the effective date hereof; provided, that the new construction or related activity does not further intrude into a critical area or established buffer and is subject to flood hazard areas reconstruction restrictions.
D. Artificially Created Wetlands: Activities involving artificially created wetlands or streams intentionally created from nonwetland sites, including, but not limited to, grass lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except wetlands, streams, or swales that provide critical habitat for anadromous fish, and artificial wetlands created as part of a mitigation requirement.
E. Small Wetlands: The following wetlands may be exempt from the requirement to avoid impacts and they may be filled if the impacts are fully mitigated. If available, impacts should be mitigated through the purchase of credits from an in lieu fee program or mitigation bank, consistent with the terms and conditions of the program or bank. In order to verify the following conditions, a critical area report for wetlands must be submitted.
1. All isolated category IV wetlands less than four thousand (4,000) square feet that:
a. Are not associated with riparian areas or their buffers;
b. Are not associated with shorelines of the state or their associated buffers;
c. Are not part of a wetland mosaic;
d. Do not score five (5) or more points for habitat function based on the "Washington State Wetland Rating System For Western Washington" (ecology publication #14-06-029, or as revised).
e. Do not contain a priority habitat or a priority area for a priority species identified by the Washington department of fish and wildlife, do not contain federally listed species or their critical habitat, or species of local importance.
2. Wetlands less than one thousand (1,000) square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this chapter.
F. Existing Roads: Maintenance, operation and reconstruction of existing roads, streets, utilities and associated structures.
G. Emergency Activities: Emergency activities necessary to prevent an immediate threat to public health, safety, or property. (Ord. 2016-985, 7-13-2016)