ORD 2517 ORDINANCE NO . a51 "
AN ORDINANCE amending Title 16 by making minor revisions
clarifying certain Sections and amending Camas Municipal Code
Section 17 . 19 . 020 adding a requirement for developers to install
centralized mail delivery boxes as determined by the U . S . Postal
Service .
The Council of the City of Camas do ordain as follows :
Section I
Title 16 - Environment of the Camas Municipal Code is hereby amended by revising those
certain sections as more particularly described in the attached Exhibit " A " , attached hereto and by
this reference incorporated herein .
Section II
Camas Municipal Code Section 17 . 19 . 020 A ( 1 ) is hereby amended to provide as follows .
A . Required Improvements .
1 . Every developer shall be required to grade and pave streets and
alleys , install curbs and gutters , sidewalks , monuments , sanitary and storm
sewers , water mains , fire hydrants , street lights and street name signs ,
underground transmission lines , provide and install centralized mail delivery
boxes as determined by the U . S . Postal Service , together with all
appurtenances in accordance with specifications and standards in the Camas
Design Standard Manual , the six -year street plan , the Puget Sound Stormwater
Manual and other state and local adopted standards and plans as may be
applicable .
Section III
This Ordinance shall take force and be in effect five ( 5 ) days from and after its
publication according to law .
PASSED BY the Council and APPROVED b the Mayor this 's da of
y y � y
2008 .
SIGNED : = - -
Mayoii; '
ATTEST : e c00
-
Clerk
APPROVE t form :
r �s
r. f
Ci Attorney
Title 16
ENVIRONMCENT
SEPA
Chapter 16 . 01 GENERAL PROVISIONS
Chapter 16 . 03 DEFINITIONS
Chapter 16 . 05 ADMINISTRATIVE PROVISIONS
Chapter 16 . 07 CATEGORICAL EXEMPTION AND THRESHOLD
DETERMINATIONS
Chapter 16 . 09 ENVIRONMENTAL IMPACT STATEMENTS
Chapter 16 . 11 - ENVIRONMENTAL DOCUMENTS AND HEARINGS
Chapter 16 . 13 SEPA AND AGENCY DECISIONS AND APPEALS
Chapter 16 . 15 CATEGORICAL EXEMPTIONS
Chapter 16 . 17 AGENCY COMPLIANCE
Chapter 16 . 19 FEES
Chapter 16 . 21 FORMS
ARCHAEOLOGICAL
Chapter 16 . 31 ARCHAEOLOGICAL RESOURCE PRESERVATION
Chapter 16 . 33 PUBLIC VIEW, OPEN SPACE PROTECTION AND HISTORIC
SITES AND STRUCTURES
Chapter 16 . 35 HISTORIC PRESERVATION
CRITICAL AREAS
Chapter 16 . 51 GENERAL, PROVISIONS
Chapter 16 . 53 WETLANDS
Chapter 16 . 55 CRITICAL AQUIFER RECHARGE SAS
Chapter 16 . 57 FREQUENTLY FLOODED AREAS
Chapter 16 . 59 GEOLOGICALLY HAZARDOUS AREAS
Chapter 16 . 61 FISH AND WILDLIFE HABITAT CONSERVATION AREAS
Ordinances : 2443 (4-2006) , 2477 ( 1 -2007) , xxxx (8 -2008)
SEPA
Chapter 16 . 01
GENERAL PROVISIONS
Sections .
16 . 01 . 010 Statutory authority.
16 . 01 . 020 Severability .
16 . 01 . 010 Statutory authority.
The city adopts this chapter under the State
Environmental Policy Act ( SEPA) , RCW
43 . 21 C . 120 , and the SEPA Rules , 'VBAC 197 -
11 - 904 .
16 . 01 . 020 Severability .
If any provision of this title or its application
to any person or circumstances is held invalid,
the remainder of this title , or the application of
to other persons or circumstances
the provision ,
shall not be affected .
2
Chapter 16 . 03 197 - 11 - 776 Phased review .
197 - 11 - 77Preparati
8 on .
DEFMTIONS 197 - 11 - 7 8 0 Private Project.
197 - 11 - 782 Probable .
16 . 03 . 010 Adoption by reference . 197 - 11 - 784 Proposal .
This chapter contains uniform usage and 197 - 11 - 786 Reasonable alternative .
definitions of terms under SEPA . The city 197 - 11 - 788 Responsible official .
adopts the following sections of WAC Chapter 197 - 11 - 790 SEPA .
197 - 11 by reference , as supplemented by WAC 197 - 11 - 792 Scope .
173 - 806 - 030 above : 197 - 11 - 793 Scoping .
197 - 11 - 794 Significant .
197 - 11 - 702 Act . 197 - 11 - 796 State Agency .
197 - 11 - 704 Action . 197 - 11 - 797 Threshold determination .
197 - 11 - 706 Addendum . 197 - 11 - 799 Underlying governmental action .
197 - 11 - 708 Adoption .
197 - 11 - 710 Affected tribe .
197 - 11 - 712 Affecting .
197 - 11 - 714 Agency .
197 - 11 - 716 Applicant .
197 - 11 - 718 Built environment .
197 - 11 - 720 Categorical exemption .
197 - 11 - 722 Consolidated appeal .
197 - 11 - 724 Consulted agency .
197 - 11 - 726 Cost-benefit analysis .
197 - 11 - 728 County/City .
197 - 11 - 73 0 Decisionmaker .
197 - 11 - 73 2 Department .
197 - 11 - 734 Determination of
non- significance (DIMS ) .
197 - 11 - 73 6 Determination of significance
(DS ) .
197 - 11 - 738 EIS .
197 - 1 1 - 740 Environment .
197 - 11 - 742 Environmental checklist.
197 - 11 - 744 Environmental document.
197 - 11 - 746 Environmental review .
197 - 11 - 748 Environmentally sensitive
area.
197 - 11 - 750 Expanded scoping .
197 - 11 - 752 Impacts .
197 - 11 - 754 Incorporation by reference .
197 - 11 - 756 Lands covered by water .
197 - 11 - 75 8 Lead Agency .
197 - 11 - 760 License .
197 - 11 - 762 Local Agency .
197 - 11 - 764 Major action .
197 - 11 - 765 Mitigated DNS .
197 - 11 - 768 Mitigation .
19 7 - 11 - 7 7 0 Natural environment.
197 - 11 - 772 NEPA .
197 - 11 - 774 Nonproject.
3
.
" SEPA rules " means WAC Chapter 197 - 11
Chapter 16 . 05 adopted by the department of ecology .
ADMINISTRATIVE PROVISIONS 16 . 05 . 030 Responsible official
designated .
Sections : A . For those proposals for which the city is the.
16 . 05 . 010 Adoption y
do tion b reference. lead agency, the responsible official shall be
16 . 05 . 020 Additional definitionso the community development director or
16 . 05 . 030 Responsible official designated . designee .
16 . 05 . 0 g ency
40 Lead a Determination . B . For all proposals for which the city is the
1 gency
6 . 05 . 050 Lead a Transfer to state. lead agency, the responsible official shall make
16 . 05 . 060 Time limit consideration . the threshold determination, supervise scoping
in considerations . and preparation of any required EIS , and
16 . 05 . 070 Additional tim
g
perform any other functions assigned to the
16 . 05 . 01 p y
0 Adoption b reference. " lead agency" or " responsible official" by those
The p g
e city adopts the following sections of WAC sections of the SEPA rules that were adopted
Cha ter 19711 by reference : by reference in WAC 173 - 806 - 020 .
P
C . The city shall retain all documents required
197 - 11 - 040 Definitions .• by the SEPA rules (WAC Chapter 197 - 11 ) and
197 - 11 - 05 0 Lead agency .
make them available in accordance with RCW
Chapter 42 . 56 .
197 . 11 - 055 Timing of the SEPA
process . 16 . 05 . 040 Lead agency
197 - 11 -060 Content of Environmental Determination .
review .
A . The department within the city receiving an
- imitations on action application for or initiating a proposal that
19741 070 L
duringSEPA process . involves a nonexempt action shall determine
the lead agency for that proposal under WAC
197 - 11 -080 Incomplete or unavailable 197 - 11 - 05 0 and WAC 197 - 11 - 922 through
information . WAC 197 - 11 - 940 ; unless the lead agency has
197 - 11 - 090 Supporting documents . been previously determined or the department
197 -- 11 - 100 Information required of is aware that another department or agency is in
applicants . the process of determining the lead agency .
B . When the city is the lead agency for a
16 . 05 . 020 Additional definitions . proposal, the department receiving the
In
addition to those definitions contained application shall determine the responsible
' thin WAC 197 - 11 - 700 ' through 197 - 11 - 799 , official who shall supervise compli
within with
e used in this chapter, the following terms the threshold determination requirements , and
when p
ing meanings , unless the if an EIS is necessary, shall supervise
shall have the follow
context indicates otherwise : preparation of the EIS .
"Department" means division subdivision,,Department an on, C . When the city is not the lead agency for a
y
ororg an
izational unit of the city established by proposal , all departments of the city shall use
ordinance rule or order . and consider, as appropriate , either the DNS or
"Early notice" means the city ' s response to an the final EIS of the lead agency in making
E y
applicant statin whether it considers issuance decisions on the proposal . No city department
pp g shall prepare or require preparation of a DNS
of a determination of significance likely for the p p q p p
a licant ' s proposal (mitigated DNS or EIS in addition to that prepared by the lead
pp p p
agency, unless required under WAC 197 - 11 -
procedures ) . conduct
" Ordinance" means the ordinance , resolution, 600 . In some cases , the city may cond
or otherp rocedure used by the city to adopt supplemental environmental review under
WAC 197 - 11 -600 .
regulatory requirements .
4
D . If the city or any of its departments receives 16 . 05 . 060 Time limit consideration . .
a lead agency determination made by another The following time limits (expressed in
agency that appears inconsistent with the calendar days) shall apply when the city
criteria of WAC 19741 . 922 through 197 - 11 - processes licenses for all private prod ects and
940 , it may object to the determination . Any those governmental proposals submitted to the
objection must be made to the agency city by other agencies :
originally making the determination and A . Categorical Exemptions . The city shall
resolved within fifteen days of receipt of the identify whether an action is categorically
determination , or the city must petition the exempt within seven ( 7) days of receiving a
Department of Ecology for a lead agency completed application .
determination under WAC 197 - I M46 ,within B . Threshold Determinations .
the fifteen-day time period . Any such petition 1 . The city should complete threshold
on behalf of the city may be initiated by detinations that can be based solely upon
erm
community development director ., review of the environmental checklist for the
E . Departments of the city are authorized to proposal within. fifteen ( 15 ) days of the date an
make agreements as to lead agency status or applicant ' s adequate application and completed
shared lead agency duties for a proposal under checklist are submitted .
WAC 197 - 11 -942 and 19741 - 944 ; provided, 2 . when the responsible official requires
that the responsible official and any department further information from the applicant or
that will incur responsibilities as the result of consultation with other agencies with
such agreement must approve the agreement . jurisdiction :
F . Any department making a lead agency a. The city should request such further
determination for a private project shall require information within fifteen ( 15 ) days of
sufficient information from the applicant to receiving an adequate application and
identify which other agencies have jurisdiction . completed environmental checklist;
over the proposal (that is : which agencies b . The city shall wait no longer than thirty ( 3 0 )
require nonexempt licenses) . 1 days for a consulted agency to respond ;
Go The responsible official should complete the
16 . 05 . 050 Lead a enc Transfer to threshold determination within fifteen ( 15 )
g Y
state. days of receiving the requested information
For any proposal for a private project where the from the applicant or the consulted agency .
city would be the lead agency and for which 3 . when the city must initiate finther studies ,
one , or more state agencies have jurisdiction, including field investigations , to obtain the
the city ' s responsible official may elect to information to make the threshold
transfer the lead agency duties to a state determination, the city should complete the
agency . The state agency with jurisdiction studies within thirty (30 ) days of receiving an
iority listing in WAC adequate application and a completed checklist.
appearing first on the pr
197 - 11 - 93 6 shall be the lead agency and the 4 . The city shall complete threshold
city shall be an agency with jurisdiction. To determinations on actions where the applicant
transfer lead agency duties , the city ' s recommends in writing that an EIS be prepared,
responsible official must transmit a notice of because of the probable significant adverse
the transfer, together with any relevant environmental impacts ) described in the
information available on the proposal to the application, within fifteen ( 15 ) days of
appropriate state agency with jurisdiction . The receiving an adequate application and
responsible official of the city shall also give completed checklist.
notice of the transfer to the private applicant
and any other agencies with jurisdiction over 16 . 05 . 070 Additional timing
the proposal . considerations .
A . For nonexempt proposals , the DNS or draft
EIS for the proposal shall accompany the city ' s
staffrecommendation to any appropriate
5
advisory body , such as the planning
commission .
B . If the city ' s only action on a proposal is a
decision on a building permit or other license
that requires detailed project plans and
specifications , the applicant may request In
writing that the city conduct environmental
review prior to submission of the detailed plans
and specifications .
6
Chapter 16 . 07 square feet and 20 - - 40 parking spaces ) : up to
twelve thousand square feet and up to forty
CATEGORICAL EXEMO? TION AND parking spaces ;
THRESHOLD DETERMINATIONS 4 . For parking lots in WAC 197 - 11 -
800 ( 1 ) (b) (iv) (Note : Range 20 - - 40 parking
: up to forty parking spaces ;
Sections : spaces)
16 . 07 . 010 Purpose--Adoption provisions . S . For landfills and excavations in WAC 197 -
16 . 07 . 020 Flexible . 11400 ( 1 ) (b) (v) (Note : Range 100 -- 500 cubic
16 . 07 . 025 Environmentally sensitive areas . yards ) : up to
five hundred cubic yards .
16 . 07 . 030 Use . B . Whenever the city establishes new exempt
16 . 07 . 040 Environmental checklist. levels under this section, it shall send them to
16 . 07 . 050 Mitigated determination . the Department of Ecology, headquarters
office , Olympia, Washington, under WAC 197 -
16 . 07 . 010 Purpose--Adoption 11 - 800 ( 1 ) (c) .
provisions .
This chapter contains the rules for deciding 16 . 07 . 025 Environmentally sensitive
whether a proposal has a "probable significant, areas .
adverse environmental impact" requiring an The city has adopted maps of certain areas
environmental impact statement (EIS ) to be within the city characterized as
prepared . This part also contains rules for environmentally sensitive . These maps , which
evaluating the impacts of proposals not are incorporated by reference , shall be used to
requiring an EIS . The city adopts the following generally indicate the location of lands within
sections of WAC Chapter 197 - 11 by reference , the city characterized by steep slopes (fifteen
as supplemented in this chapter : percent or greater) , potentially unstable soils ,
197 - 11 - 3 00 Purpose of this part. wetlands , and streams/watercourses . Lands
197 - 11 - 305 Categorical exemptions . containing such environmentally sensitive
197 - 11 - 310 Threshold determination required . features , as determined by site investigation or
197 - 11 - 315 Environmental checklist. studies , whether or not mapped, shall be
197 - 11 - 3 3 0 Threshold determination process . subject to the provisions of this section . To the
197 - 11 - 3 3 5 Additional information . extent permitted by state law, the exemptions
197 - 11 -3 40 Determination of listed in 16 . 16 . 020 and WAC 197 - 11 - 800 shall
non- significance (DNS ) . not apply within environmentally sensitive
197 - 11 - 350 Mitigated DNS . areas .
197 - 11 - 3 5 5 Optional DNS process
197 - 11 - 360 Determination of significance (DS ) 16 . 07 . 030 Use .
initiation of scoping . A . Each department within the city that
197 - 11 - 3 90 Effect of threshold determination . receives an application for a license or, in the
case of governmental proposals , the department
16 . 07 . 020 Flexible. initiating the proposal, shall determine whether
A . The city establishes the following exempt the license and/or the proposal is exempt . The
levels for minor new construction under WAC department ' s determination that a proposal is
197 - 1 1 - 800 ( 1 )(b ) based on local conditions : exempt shall be final and not subject to
1 . For residential dwelling units - in WAC 197 - administrative review . If a proposal is exempt,
11 - 800 ( 1 ) (b )(i) (Note : Range 4 -- 20 units ) : up none of the procedural requirements of this title
to ten dwelling units ; apply to the proposal . The city shall not require
2 . For agricultural structures in WAC 197 - 11 - completion of an environmental checklist for
800 ( 1 ) (b ) ( ii) (Note : Range 10 , 000 -- 30 , 000 an exempt proposal .
square feet) : up to thirty thousand square feet; B . In determining whether or not a proposal is
3 . For office , school, commercial, recreational, exempt, the department shall make certain the
service or storage buildings in WAC 197 - 11 - proposal is properly defined and shall identify
800 (1)(b )( 11i) (Note : Range 4 , 000 -- 12 , 000 the governmental licenses required (WAC 197 -
7
11 - 060 . If aro osal includes exempt and all or part of the environmental checklist for a
p p
nonexempt actions , the department shall private proposal , if either of the following
determine the lead agency , even if the license occurs :
application that triggers the department ' s 1 . The city has technical information on a
pp gg
aeration is exempt .
question or questions that is unavailable to the
consi p
C . If ap roposal includes both exempt and private applicant ; or
nonexempt actions , the city may authorize 2 . The applicant has provided inaccurate
p
exempt actions prior to compliance with the information on previous proposals or on
p �'
procedural requirements of this chapter, except proposals currently under consideration .
that .
1 . The city shall not give authorization for : 16 . 07 . 050 Mitigated determination .
a. Any nonexempt action ; A . As provided in this section and in WAC
p
b . Any
action that would have an adverse 197 - 11 - 3 5 0 , the responsible official may issue
environmental impact; or a determination of non- significance (DNS )
n p
G . action that would limit the choice of based on conditions attached to the proposal
Any
alternatives . by the responsible offici '
al , or on changes to ,
department may withhold approval of an or clarifications of, the proposal made by the
2 . A p y p
exempt action that would lead to modification applicant.
the physical environment, when such B . An applicant xray request in writing early
of p y
modification would serve no purpose if notice of whether a determination of
action( )
nonexempt s were not approved ; and significance (DS ) is likely under WAC 197 -
3 . A department may withhold approval of 11 - 3 5 0 . The request must:
exempt actions that would lead to substantial 1 . Follow submission of a permit application
financial expenditures by a private applicant and environmental checklist for a nonexempt
when the expenditures would serve no purpose proposal for which the department is lead
if nonexempt actions ) were not approved . agency ;and
2 . Precede the city ' s actual threshold
16 . 07 . 040 Environmental checklist. determination for the proposal .
A . A completed environmental checklist (or a C . The responsible official should respond to
co in the form provided in WAC 197 - 11 - the request for early notice within fifteen ( 15 )
copy) p 960 shall be filed at the same time as an working days . Theresponse shall :
application for a permit, license , certificate , or 1 . Be written ;
o approval not
other a specifically exempted in this 2 . State whether the city currently considers
p
txtl
ew excepta checklist is not needed if the city issuance of a DS likely and, if so , indicate the
and applicant agree an,
' EIS is required, SEPA general orspecific areas ) of concern that are
completed,compliance has been or SEPA leading the city to consider a DS ; and
p
compliance has been initiated nitiated by another 3 . State that the applicant may change or
The city shall use the environmental clarify the proposal to mitigate the indicated
agency . ty
checklist to determine the lead agency and, if impacts , revising the environmental checklist
the ci is the lead agency, for determining the and/or permit application as necessary to
responsible official , and for making the reflect the changes or clarifications .
p
threshold determination . D . As much as possible , the city should assist
B . For private proposals , the city will require the applicant with identification of impacts to
p p p
the applicant complete the environmental the extent necessary to formulate mitigation
pp to
checklist, providing assistance as necessary . measures .
For city proposals ,, the department initiating the E . when an applicant submits a changed or
proposal osal shall complete the environmental clarified proposal, along with a revised
p
checklist for that proposal . environmental checklist, the city shall base its
ch p p � the changed or
C . The city may require that it, and not the threshold determination on g
private applicant will completelete clarified proposal and should make the
determination within fifteen ( 15 ) days of
8
receiving the changed or clarified proposal .
1 . If the city indicated specific mitigation
measures in its response to the request for
early notice , and the applicant changed or
clarified the proposal to include those specific
mitigation measures , the city shall issue and
circulate a determination of non- significance
under WAC 197 - 11 - 3 40 (2) .
2 . If the city indicated areas of concern, but
did not indicate specific mitigation measures
that would allow it to issue a DINS , the city
shall make the threshold determination ,
issuing a DNS or DS as appropriate .
3 . The applicant ' s proposed mitigation
measures (clarifications , changes , or
conditions) must be in writing and must be
specific . For example , proposals to " control
noise" or " prevent stormwater runoff ' are
inadequate, whereas proposals to " muffle
machinery to X decibel" or " construct 200
feet stormwater retention pond at Y location"
are adequate .
4 . Mitigation measures which justify issuance
of a mitigated DNS may be
incorporated in the DNS by reference to
agency staff reports , studies , or other
documents .
F . A mitigated DNS is issued under WAC
197 - 11 - 3 40 (2 ) , requiring a fifteen ( 15 ) day
consent period and public notice .
G . Mitigation measures incorporated in the
mitigated DNS shall be deemed conditions of
approval of the permit decision and may be
enforced in the same manner as any term or
condition of the permit, or enforced in any
manner specifically prescribed by the city .
H . If the city ' s tentative decision on a permit
or approval does not include mitigation
measures that were incorporated in a mitigated
DNS for the proposal, the city should evaluate
the threshold determination to assure
consistency with WAC 197 - 11 - 3 40 ( 3 )(a)
(withdrawal of DNS ) .
I. The city ' s written response under subsection
B of this section shall not be construed as a
determination of significance . In addition,
preliminary discussion of clarifications or
changes to a proposal, as opposed to a written
request for early notice, shall not bind the city
to consider the clarifications or changes in its
threshold determination .
9
Chapter 16 . 09 197 - 11 -448 Relationship of EIS to other
considerations .
ENVIRONMENTAL EWPACT 197 ~ 11450 Cost-benefit analysis .
STATEMENTS 197 - 11 -460 Issuance of DEIS .
197 - 11 -460 Issuance of FEIS .
Sections .
16 . 09 . 010 Purpose--Adoption by reference . 16 . 09 . 020 Preparation .
16 . 09 . 020 Preparation . A. Preparation of draft and final EIS ' s and
SEIS ' s is the responsibility of community
16 . 09 . 010 Purpose--Adoption by development department under the direction of
reference . the responsible official . Before the city issues
This article contains the rules for preparing an EIS , the responsible official shall be
environmental impact statements . The city satisfied that it complies with this title and
adopts the following sections of WAC Chapter WAC Chapter 197 - 11 .
197- 11 by reference, as supplemented by this B . The draft and final EIS or SEIS shall be
article : prepared by city staff, the applicant, or by a
consultant selected by the city or the applicant.
197 - 11 -400 Purpose of EIS . If the responsible official requires an EIS for a
197 - 11 -402 General requirements . proposal and determines that someone other
197 - 11 -405 EIS types . than the city will prepare the EIS , the
197 - 11 -406 EIS timing . responsible official shall notify the applicant
197 - 11408 Scoping . immediately after completion of the threshold
197 - 11 -410 Expanded scoping. determination . The responsible official shall
197 -- 11 -420 EIS preparation . also notify the applicant of the city ' s procedure
197 - 11 -425 Style and size . for EIS preparation, including approval of the
197 - 11 -43 0 Format. draft and final EIS prior to distribution .
197 - 11 -43 5 Cover letter or memo . C . The city may require an applicant to provide
197 - 11 -440 EIS contents . information the city does not possess , including
197 - 11 -442 Contents of EIS ou non-proj ect specific investigations . However, the applicant
proposals . is not required to supply information that is not
197 - 11 -443 EIS contents when prior non- required under this title , or that is being
project EIS . requested from another agency . (This does not
197 - 11 -444 Elements of the environment. apply to information the city may request under
another ordinance or statute . )
10
6 . 11 3 . Whenever the city issues a DS under WAC
Chapter 1
197 - 11 - 3 60 (3 ) :, the city shall state the scoping
ENVIERON ENTAL DOCUMENTS AND procedure for the proposal in the DS as
BEARIl�IC S required in WAC 197 - 11 -40 8 .
B . Whenever the city issues a draft EIS under
Sections : WAC 197 - 11 -45 5 ( 5 ) or a supplemental EIS
1 1Purpose.-Adoption
6 . 1 . 010 by reference. under WAC 197 - 11 - 620 , notice of the
1
6 . 11 . 020 Notice. availability of those documents shall be given
16 . 11 . 030 Consulted agency determination . by :
40 Existing document use . 1 . Indicating the availability of the DEIS in any
16 . 11 . 0 g
public notice required for a nonexempt license ;
and
16 . 11 . 010 PurAdo tion by 2 . Publishing notice in a newspaper of general
pose-- p
irculation ' the county , city, or general area
reference . c
This chapter contains rules for consulting, where the proposal is located . .
commenting responding onding on all C . Whenever possible , the city shall integrate
p
documents under SEPA, the public notice required under this section
environmental
inc1 g rues for including lpublic notice and hearings . with existing notice procedures for the city ' s
ado the following sections of WAC nonexempt permit( s ) or approval ( s) required
is
The city p g
Chapter 197 - 11 by reference, as supplemented for the proposal .
' n this chapter :
D . The city may require an applicant to
i p
complete the public notice requirements for the
197 - 11 - 500 Purpose of this part . applicant ' s proposal at his or her expense .
197 - 11 - 5 02 Inviting comment .
197 - 11 - 504 Availability and cost of 16 . 11 . 030 Consulted agency
environmental documents . determination .
197 - 11 - 508 SEPA Re ister . A . The community development department
g
197 - 11
- 510 Public Notice shall be responsible for preparation of written
197 - 11 . 535 Public hearings and meetings . comments for the city in response to a
- 11 - 545 Effect of no . comment . consultation request prior to a threshold
197
- 550 Specific of comments . determination, participation in scoping, and
197 - 11 p , .
197 - 1 1 - 560 FEIS response to comments . reviewing a draft EIS .
197 - 11 7
- 5 0 Consulted a costs to assist B . This department shall be responsible for the
g enc y
lead a city ' s compliance with WAC 197 - 11 - 5 5 0
1 agency .y
whenever the city is a consulted agency, and is
otice . authorized to develop operating procedures that
16 . 11 . 020 N
Whenever the cityissues a DNS under will ensure that responses to consultation
A . e ' til
WAC 197 - 11 - 340 (2) or a DS under WAC 197 - requests are prepared n amey fashion and
- 3 60 3 the city shall give public notice as include data from all appropriate departments
11 ( ) , ty g p .
follows : of the city .
1 . If public notice is required for a nonexempt
license , the notice shall state whether a DS or 16 . 11 . 040 Existing document use.
as been issued and when comments are This chapter contains rules for using and
DNS h
supplementing existing environmental
due .
2 . If no public notice is required for the permit documents prepared under SEPA or NEPA for
approvalthe ci shall ive notice of the the city ' s own environmental compliance . The
or appro ty sag low * sections of WAC
DNS or DS by publishing notice in a city adopts the fol g
newspaper of general circulation 'n the county, Chapter 197 - 11 by reference :
city or general area where the proposal is
located .
11 .
197 - 11 . 600 when to use existing
environmental documents .
197 - -11 - 610 Use of NEPA documents .
197 - 11 . 620 Supplemental environmental
impact statement--Procedures .
197 - 11 . 625 Addenda- Procedures .
197 . 11 - 63 0 Adaption--Procedures .
197 - 11 - 63 5 Incorporation by reference- -
Procedures .
197 - 11 . 640 Combining documents .
12
t a
Chapter 16 . 13 policies in Section 16 . 13 . 050 of this chapter,
and cited in the license or other decision
SEPA AND AGENCY DECISIONS AND document .
APPEALS
16 . 13 . 040 Denial .
Sections : The city may deny a permit or approval for a
16 . 13 . 010 Purpose--Adaption by reference. proposal on the basis of SEPA so long as :
16 . 13 . 020 Policies . A . A finding is made that approving the
16 . 13 . 030 Conditions . proposal would result in probable significant
16 . 13 . 040 Denial . adverse environmental impacts that are
16 . 13 . 050 Ado Pted policies . identified in a final EIS or final supplemental
EIS prepared pursuant to this title ; and
26 . 13 . 060 Appeal .
B . A finding is made that there are no
6 . 13 . 020 Pur ose--Ado tion b reasonable mitigation measures capable of
1 P P y - to
reference . being accomplished that are sufficient
This chapter contains rules (and policies) for mitigate the identified impact; and
SEPA ' s substantive authority, such as decisions C . The denial is based on one or more policies
to mitigate or reject proposals as a result of identified in Section 16 . 13 . 050 of this chapter
SEPA . This chapter also contains procedures and identified in writing in the decision
for appealing SEPA determinations to agencies document .
or the courts . The city adopts the following
sections of WAC Chapter 197 - 11 by reference : 16 . 13 . 050 Adopted policies .
The city designates and adopts by reference the
197 - 11 - 650 Purpose of this part. following policies as the basis for the city ' s
197 . 11 - 655 Implementation . exercise of authority pursuant to Sections 16 .
197 - 11 - 660 Substantive authority and 13 . 020 through 16 . 13 . 060 :
mitigation . A . The city shall use all practicable means ,
197 - 11 - 680 Appeals . consistent with other essential considerations of
197 - 11 - 700 Definitions . state policy, to improve and coordinate plans ,
functions , programs , and resources to the end
16 . 13 . 020 Policiess that the state and its citizens may .
TheP olicies and goals set forth in this title are 1 . Fulfill the responsibilities of each generation
supplementary to those in the existing as trustee of the environment for succeeding
authorization of the city . generations ;
2 . Assure for all people of Washington safe ,
16 . 13 . 030 Conditions . healthful , productive , and aesthetically and
The city may attach conditions to a permit or culturally pleasing surroundings ;
approval for proposal so long as . 3 . Attain the widest range of beneficial uses of
pp P p
A . Such conditions are necessary to mitigate the environment without degradation, risk to
specific probable adverse environmental health or safety, or other undesirable and
impacts identified in environmental documents unintended consequences ;
d pursuant to this title ; and 4 . Preserve important historic , cultural , and
B . Such conditions are in writing ; and natural aspects of our national heritage ;
C . The mitigation measures included in such 5 . Maintain, wherever possible, an environment
conditions are reasonable and capable of being which supports diversity and variety of
accomplished; and individual choice ;
D . The city has considered whether other local, 6 . Achieve a balance between population and
state , or federal mitigation measures applied to resource use which will permit high standards
the proposal osal are sufficient to mitigate the of living and a wide sharing of life ' s amenities ;
identified impacts , and and
7 . Enhance the quality of renewable resources
E . Such conditions are based on one or more
13
and approach the maximum attainable
recycling of depletable resources .
B . The city recognizes that each person has a
fundamental and inalienable right to a healthful
environment, and that each person has a
responsibility to contribute to the preservation
and enhancement of the environment .
16 . 13 . 060 Appeal .
Except for permits and variances issued
pursuant to Chapter 18 . 88 of the city code
(chapter relating to shoreline management) ,
when any proposal or action not requiring a
decision of the city council is conditioned or
denied on the basis of SEPA by a nonelected
official, the decision shall. be appealable to the
city council . Such appeal may be perfected by
the proponent or any aggrieved party by giving
notice to the responsible official within ten ( 10 )
days of the decision being appealed . Review by
the city counciis hall be on a de novo basis .
14
wsv n
Chapter 16 . 15 categorical exemptions , as supplemented in this
title :
CATEGORICAL EXEMPTIONS
197 - 11 - 800 Categorical exemptions .
16 . 15 . 010 Purpose--Adoption by reference. 19741 - 880 Emergencies .
197 - 11 - 890 Petitioning DoE to change
16 . 15 . 010 Purpose--Adoption by exemptions .
reference .
The city adopts by reference the following
sections of WAC Chapter 19741 for
15
Chapter 16 . 17
197 - 11 - 948 Assumption of lead agency status .
AGENCY CQWLIANCE
Sections :
16 . 17 . 010 Purpose--Adoption by reference.
16 . 17 . 010 Purpose--Adoption by
reference .
This chapter contains rules for agency
compliance with SEPA, including rules for
charging fees under the SEPA process ,
designating environmental sensitive areas ,
listing agencies with environmental expertise ,
selecting the lead agency , and applying these
rules to current agency activities . The city
adopts the following sections of WAC Chapter
197 - 11 by reference :
197 - 11 - 900 Purpose of this part .
197 - 11 - 902 Agency SEPA policies .
197 - 11 - 916 Application to ongoing actions .
197 - 11 - 920 Agencies with environmental
expertise .
197 - 11 - 922 Lead agency rules .
197 - 11 - 924 Determining the lead agency .
197 - 11 -926 Lead agency for governmental
proposals .
197 - 11 -928 Lead agency for public and private
proposals .
197 - 11 - 930 Lead agency for private pro) ects
with one agency with jurisdiction .
197 - 11 . 932 Lead agency for private pro] ects
requiring licenses from more than one agency,
when one of the agencies is a county/city .
197 - 11 . 934 Lead agency for private pro] ects
from a local agency, not a
requiring licenses
county/city, and one or more state agencies .
197 - I 1 - 936 Lead agency for private projects
requiring licenses from more than one state
agency .
197 - 11 - 93 8 Lead agencies for specific
proposals .
197 - 11 - 940 Transfer of lead agency status to a
state agency .
197 - 11 - 942 Agreements on lead agency status .
197 - 11 -944 Agreements on division of lead
agency duties .
197 - 11 - 946 DCBE resolution of lead agency
disputes .
16
Chapter 16 - 19 longer required, the responsible official shall
refund any fees collected under subsection A or
Bof this section which remain after incurred
FEES .
costs are paid .
Sections :
16 . 19 . 010 Required . 16 . 19 . 040 Notice—Publication .
Threshold determination . The city may collect a reasonable fee from an
16 . 19 . 020
Environmental
impact statement. applicant to cover the cast of meeting the
16 . 19 . 030 E F
16 . 19 . 040 No
tice--Publication . public notice requirements of this title relating
16py preparation ., 19 . Q50 Co to the applicant' s proposal .
16 . 19 . 010 Required . 16 . 19 . 050 Copy preparation .
The city shall require the following fees for its The city may charge any person for copies of
' ' accordance with the provisions of any document prepared under this title , and for
activities in acco
this title .
mailing the document, in a manner provided by
RCw Chapter 42 . 56 .
16 . 19 . 020 Threshold determination .
For every environmental checklist the city
reviews when it is lead agency, the city shall
collect a fee in accordance with the most
current fee schedule adopted by the city . The
time periods provided for by this title for
making a threshold determination shall not
begin to run until payment of the fee .
16 . 19 . 030 Environmental impact
statement.
A. when the city is the lead agency for a
proposal requiring an EIS and the responsible
official determines that the EIS shall be .
prepared by employees of the city, the city may
charge and collect a reasonable fee from any
applicant to cover costs incurred by the city in
preparing the EIS . The responsible official
shall advise the applicant( s ) of the prof ected
costs for the EIS prior to actual preparation ; the
applicant shall post bond or otherwise ensure
payment of such costs .
B . The responsible official may determine that
the city will contract directly with a consultant
for preparation of an EIS , or a portion of the
EIS , for activities initiated by some persons or
entity other than the city and may bill such
costs and expenses directly to the applicant.
Such consultants shall be selected by mutual
agreement of the city and applicant after a call
for proposals . The city may require the
applicant to post bond or otherwise ensure
payment of such costs .
C . If a proposal is modified so that an EIS is no
17
Chapter 16 . 21
FORMS
Sections
16 . 21 . 010 Adoption by reference .
16 . 21 . 010 Adoption by reference .
The city adopts the following forms and
sections of WAC Chapter 197 - 11 by reference :
197- 11 - 960 Environmental checklist .
197 - 11 - 965 Adoption notice .
197 - 11 - 970 Determination of
non- significance (DNS ) .
197 - 11 - 980 Determination of
significance and scoping
notice (DS ) .
197 - I 1 - 985 Notice of assumption of
lead agency status .
197 - 11 - 990 Notice of action .
18
Ir
ARCHAEOLOGICAL
16 . 31 . 020 Definitions .
Chapter 16 . 31 In carrying out the provisions of this chapter,
the following definitions shall apply :
ARCHAEOLOGICAL RESOURCE "Adequately surveyed and documented"
PRESERVATION means that ( 1 ) the survey method, level of
analysis , and area covered are sufficient to
Sections : meet the requirements of this chapter; and (2)
16 .31 . 010 Purpose . the documentation is sufficient to allow another
16 .31 . 020 Definitions . archaeologist to repeat the survey and reach the
16 .31 . 030 Coordination . same conclusion . Adequacy shall be
16 . 31 . 040 Recording . determined by the director .
16 .31 . 050 Permit required . "Archaeological obj ect" means an obj ect that
16 .31 . 060 Applicability. ' comprises -the physical evidence of an
16 .31 . 070 Predetermination required . indigenous and subsequent culture, including
16 . 31 . 080 Predetermination standards . material remains of past human life , including
16 . 31 . 090 Predetermination reports . monuments , symbols , tools , facilities and
16 .31 . 100 Review of predetermination technological by-products (WAC 25 -48 -
reports and further action . 020 ( 8 )) .
16 .31 . 110 Archaeological resource survey "Archaeological resource survey" means
required . procedure by which an archaeologist makes an
16 .31 . 120 Survey standards . assessment of the presence or absence of an
16 . 31 . 130 Survey reports . archaeological site on a parcel , a preliminary
16 . 31 . 140 Review of survey reports and assessment of a site ' s significance , and a
further action . recommendation for further evaluation,
idance, mitigation, or recovery of resources .
16 .31 . 150 Discovery principle. avo
16 .31 . 160 Notification to tribes. "Archaeological resources" means any
16 . 31 . 170 Enforcement. material remains of human life or activities
which are of archaeological interest . This shall
16 . 31 . 010 Purpose . include all sites , objects , structures , artifacts ,
The purposes of this chapter are to : implements , and locations of prehistoric or
identification cation and archaeological interest, whether previously
A . Encourage the
preservation of cultural , archaeological, and recorded or still unrecognized, including, but
historic resources consistent with the Growth not limited to , those pertaining to prehistoric
Management Act of 1990 , as amended, and and historic American Ind
g ian or aboriginal
Camas ' comprehensive plan ; burials , campsites , dwellings , and their
B . Establish clear procedures and specific habitation sites , including rock shelters and
standards for identifying, documenting and caves , their artifacts and implements of culture
preserving Camas ' cultural, archaeological and such as projectile points , arrowheads , skeletal
remains grave goods basketry, pestles mauls
historic resources ; >
C . Ensure use of the best available and grinding stones , knives , scrapers , rock
technology and techniques commonly accepted carvings and paintings , and other implements
as standards in the profession of archaeology; and. artifacts of any material (WAC 2548 -
D . Establish a fair and equitable process for 020 ( 10) ) . This shall also include any material
the i
balancing the and preservation of remains of human life or activities from
cultural , archaeological , and historic resources historic periods which are located at least
with economic development; partially below the ground surface necessitating
E . Ensure coordination and consistency in the the use of archaeological methods for study or
implementation of the State Environmental recovery .
Policy Act, the Shoreline Management Act and "Archaeological site" means a geographic
the Growth Management Act . locality in Washington, including but not
19
A ,� 2%
limited to submerged and submersible lands , forty percent) , moderate (forty to sixty
g .
and the bed of the sea within the state ' s percent) , moderate-high ( sixty to eighty
jurisdiction , that contains archaeological percent) , and high (eighty to one hundred
objects (WAC 25 -48 - 020 ( 9 ) ) . percent) . The probability levels assigned to
.
"Archaeologist" means either a qualified property within the urban growth boundary of
archaeologist (RCW 27 . 53 . 030 ( 9 ) ) or a the city are identified in that map entitled " City
professional archaeologist (RCW 27 . 53 0030 ( 8 ) of Camas Archaeological Probability, July 21 ,
and WAC 2548 - 020 (4 ) ) who has been 2006 . "
approved by the city . Both qualified " Significant archaeological site" means an
archaeologists and professional archaeologists archaeological site which has been determined
may perform predetermination so and surveys . by a professional archaeologist to contain : ( 1 )
Only professional archaeologists may perform archaeological objects at a density of at least
services such as evaluation and data recovery one hundred ( 100 ) per cubic meter per
for which a state permit is needed . stratigraphic or cultural unit; or (2) at least one
"Department" means the community feature ; or (3 ) at least one relatively uncommon
development department . archaeological object; or (4 ) skeletal remains .
"Director" means the director of the " Survey" means archaeological resource
community development department or survey .
designee . " Tribes" means any federally recognized or
" Feature" means an artifact or set of artifacts other local Native American Government
which loses its integrity when moved due to its organization which may consider the site to be
size and complexity ( e . g . , a hearth or a house of historic or cultural significance .
floor) .
" Known , recorded archaeological site" means 16 .31 . 030 Coordination .
an archaeological site which has been recorded A . General . Where the provisions of this
with DAHP . chapter conflict with each other or with other
"DAHP " means the Washington State laws , ordinances or programs , the more
Or
Department of Archaeology and Historic restrictive provisions shall apply .
Preservation . B . SMA . The provisions of this chapter shall
" Of archaeological interest" means capable of apply throughout Camas , including areas
providing scientific or humanistic regulated by Camas ' shoreline management
understandings of past human behavior, master program.
cultural ada tation,, - and related topics through C . SEPA . The regulations of the State
p
the application of scientific or scholarly Environmental Policy Act shall supplement the
techniques such as controlled observation, provisions of this chapter .
contextual measurement, controlled collection, D . Development Review. For projects subject
analysis , interpretation, and explanation (WAC to Title 18 , Chapter 18 . 5 5 of the Camas
25 -48 - 020 ( 12 ) ) . Municipal Code , a determination that an
"Predetermination" means a procedure application is complete shall not be made until
similar to , but of less intensity than an any required predetermination has been
archaeological resource survey . Its purpose is completed and a predetermination report has
to determine whether an archaeological site is been submitted.
likely to be present or absent on a parcel, and
based on that determination recommend 16 .31 . 040 Recording .
whether or not to proceed with an Any archaeological site identified pursuant to
archaeological resource survey . the provisions of this chapter shall be recorded
"Probability level" means account with DAHP -
classification of property according to the
probability of its having archaeological 16 . 31 . 050 Permit required.
resources . The probability levels are low (zero A permit from DAHP shall be secured prior
to twenty percent) , low-moderate (twenty to to digging, altering, excavating, and/or
20
removing archaeological objects and sites or proposed in areas which the director determines
historic archaeological resources , or proposing to have been adequately surveyed and
to removely tic or painted records of tribes or documented (as defined in Section 16 . 31 . 020 )
g p
peoples ,les , or archaeological resources from in the past and within which no archaeological
native Indian cairns or graves (WAC 2548 - resources have been discovered .
050 . D . when more than one probability level
traverses a parcel , the entire parcel shall be
16 . 31 . 460 Applicability . considered to be within the level with the
A . The provisions of this chapter shall apply : greatest probability rating .
1 . when any item of archaeological interest is
discovered during the course of a permitted 16 .31 . 070 Predetermination required .
ground-disturbing action or activity ( Section. A . A predetermination shall be required for
16 . 31 . 150 ) ; any nonexempt ground-disturbing action or
2 . when the director determines that reliable activity for which a permit or approval is
information indicates thep ossible existence of required within probability level high .
an archaeological site on a parcel for which an B . A predetermination shall be required for
application pPon for a permit or approval for a any nonexempt ground-disturbing action or
ground-disturbing action or activity has been activity for which a permit or approval is
submitted . required and which is located on a parcel of at
B . TheP rovisions of this chapter shall apply, least five (5 ) acres within probability levels
ided in this section and in moderate-high and moderate .
except as prov
subsection C of this section, to all ground- C . A predetermination shall be required for
disturbing actions or activities for which a all nonexempt ground-disturbing actions or
permit or approval is required : activities for which a permit or approval is
1 . On allp arcels in probability level high; required which are proposed within one-fourth
2 . Onp arcels of at least five ( 5 ) acres in mile of a known, recorded archaeological site .
ff
probability levels moderate-high and moderate ; D . A predetermination p �' nation shall be required when
3 . Regardless of parcel size or probability the director determines that reliable
level whenro osed within one-fourth mile of information indicates the possible existence of
p p .
a known,, archaeological site as an archaeological site on a parcel for which an
measured on a horizontal plane extending in all application for a permit or approval for a
directions . Such an action or activity may be ground- disturbing action or activity has been
exempted by the director, when appropriate , submitted .
during the predetermination process due to the E . A predetermination shall be required when
effects of a geographic barrier ( Section 16 . any item of archaeological interest is
31 . 070 F . discovered during the course of a permitted
C . The following shall not trigger or shall be ground-disturbing action or activity .
exempted from the provisions of this chapter: F . During the predetermination process , the
p p • units ,* ' 1 determine whether a ound-
1 . Accessory dwelling director will gr
2 . Land use permits issued under clear and disturbing action or activity is exempt under
objective standards , such as those for fences , Section 16 . 31 . 060 (B )(3 ) or 16 . 31 . 060 ( 0) ( 7) of
sheds , decks , patios or driveways ; this chapter . In the event that the director is
3 . Sign ermits ; able to make such a determination of
P
4 . Conditional use permits for a change in use exemption based solely upon background
onl not involving ground disturbance for research ( Section 16 . 31 . 0 80( 0)} , the city shall
y,
reduce the applicant ' s total fee obligation for
structural modification;
5 . Zonin variance approvals ; the project by ane-half of the predetermination
g
6 . G round- disturbing actions or activities fee .
which constitute normal maintenance and G . A predetermination shall not be performed
re air of existing structures and facilities ; or when a survey is required under Section 16 .
p g
7 . Ground- disturbing actions or activities 3 1 . 110 of this chapter .
21
H . The director may waive the requirement A . Predetermination reports shall be reviewed
for a predetermination if the applicant chooses by the director.
to provide a survey in accordance with Sections B . when the director determines that a
16 . 31 . 110 and 16 . 3 1 . 13 0 of this chapter . predetermination report is complete and
adequate , the director shall , based upon the
16 . 31 . 080 Predetermination information contained in the report, determine
standards . whether an archaeological site is likely to exist .
Predeterminations shall include at a minimum C . where the director determines that an
the following elements and be carried out archaeological site is not likely to exist, the
application may proceed through the remainder
according to the fallowing standards :
A. Predeterminations shall be performed by a of the development review process .
qualified or professional archaeologist . D . Where the director determines that an
B . Predeterminations shall be performed to archaeological site is likely to exist, an
the high standard of quality which fulfills the archaeological resource survey shall be
purposes of this chapter . required and carried out in accordance with the
C . Background Research . A thorough review provisions of this chapter .
of records , documentation, maps , and other
pertinent literature shall be performed . 16 . 31 . 110 Archaeological resource
D . Surface Inspection . A visual inspection of survey required .
the ground surface shall be completed when A survey . shall be required when the results of
conditions yield at least fifty ( 50 ) percent a predetermination indicate further
visibility . investigation is necessary and either :
E . Subsurface Investigation . Subsurface A . No previous survey has been done ; or
investigation shall be performed when B . A previous survey or documentation is
considered necessary by the archaeologist . determined by the director to be inadequate .
When necessary, the following standards shall
apply : . 16 .31 . 120 Survey standards .
1 . Subsurface probes shall be no less than Surveys shall include at a minimum the
eight ( 8 ) inches/twenty (20 ) centimeters in following elements and be carried out
diameter (twelve ( 12) inches/thirty ( 30 ) according to the fallowing standards
centimeters or more preferred) at the ground A . Surveys shall be performed by a
surface , and shall delve no less than twenty professional archaeologist.
(2*0 ) inches/fifty ( 50 ) centimeters deep into B . Surveys shall be performed to the high
natural soil deposits whenever possible . standard of quality which fulfills the purposes
2 . The most appropriate number of and of this chapter .
p
locations for subsurface robes shall be C . Background Research . A thorough review
determined by the archaeologist. of records , documentation, and other pertinent
3 . All material excavated by subsurface literature shall be performed.
probes shall be screened using both one-fourth D . Surface Inspection . A systematic , one
inch and ane- eighth inch hardware mesh cloths . hundred ( 100 ) percent visual inspection of the
ground surface shall be completed when
16 .31 . 090 Predetermination reports . conditions yield at least fifty ( 5 0 ) percent
A report shall be completed for each visibility .
predetermination to the high standard of quality E . Subsurface Investigation . Subsurface
which fulfills the purposes of this chapter and investigation shall be performed when
standardized guidelines furnished by the considered necessary by the archaeologist,
re completed department . A eted ort shall be utilizing the same standards set forth within
p p P
submitted to DAIIP as well as the city . CHIC Section 16 . 31 . 080 (E) .
16 .31 . 100 Review of predetermination 16 . 31 . 130 Survey reports .
reports and further action .
22
A report shall be completed for each survey immediately cease .
in accordance with state guidelines and to the B . The applicant shall notify the department
high standard of quality which fulfills the and DAM' =
purposesof this chapter . A completed. report C . The applicant shall provide for a
p
shall be submitted to DAMP as well as the citys predetermination and a predetermination report
prepared in accordance with the provisions of
16 . 31 . 140 Review of survey reports this chapter . The director shall review the
and further action . report and issue a determination in accordance
A . Survey reports shall be reviewed by the with Section 16 . 31 . 100 of this chapter in a
p
reasonably diligent manner, taking into account
director .
determines that a survey all$ . when the director d Y apertinent factors and conditions (within
report is complete and adequate , the director seven ( 7 ) calendar days. whenever feasible) .
such determination is that an
shall , based upon the information contained in Where
the report, determine whether an archaeological archaeological site is not likely to exist,
site has been identified . construction may continue . where such
C .
Where the director determines that no determination is that an archaeological site is
archaeological site has been identified, the likely to exist, the applicant shall provide a
application d through the remainder survey and survey report . The director shall
pp may proceerowg
the development review produce a map of the parcel indicating clearly
process .
of p p
D . Where the director determines that an the portion( s) of the parcel , if any, within
site has been identified and is which construction may continue under the
archaeological
el be significant, the lication may supervision of an archaeologist and monitoring
not likely to gn pp
proceed through the remainder of the by the director while the required survey is
development
elo review process . being completed . The provisions of Section 16 .
E . where the director determines that an 31 . 140 of this chapter shall apply .
archaeological site has been identified and is
likely to be significant, archaeological 16 .31 . 160 Notification to tribes .
resources shall be Ru ther evaluated, avoided, Whenever a predetermination or survey is
properly mitigated, or properly recovered in required, the applicant shall provide the tribes
prop y g , p p �' of the application and all
accordance with the director ' s recommendation with a copy pp
lotions . Priori for supporting materials by certified mail, return
and subject to state regulations . �'
levaluation receipt requested, and shall provide proof of
protection in-pace and thorough
and a
d data recovery shall be given to significant compliance with this requirement to the
sites . Bondin maybe required director . Comments from the tribes shall be
archaeologicalg
to ensure that the site is treated in accordance accepted by the director until five ( 5 ) p . m . on
with the director ' s recommendation and the fourteenth ( 14) day from the date
' ons of the state permit. Monitoring and notification was mailed to the tribes . Should the
provisions
e corrective measures may be required to fourteenth ( 14) day fall on a non-business day ,
future Y
ensure that an archaeological site is not the comment period shall be extended until five
degraded b a permitted development . ( 5 ) p . m . on the next business day .
� Y
16 .31 . 150 Discovery principle. 16 .31 . 170 Enforcement.
In the event that any item of archaeological The provisions of this chapter shall be
interest is uncovered during the course of a enforced in accordance with the
p ground- disturbing n action or activity : provisions of CMC Chapter 18 . 55 of
g
A . All ground-disturbing activity shall this code .
23
Chapter 16 . 33 views of significant natural and human-made
features : Mount Hood and major bodies of
PUBLIC VIEW , OPEN SPACE water including the Columbia River, Lacamas
PROTECTION AND HISTORIC SITES ' Lake and the Washougal River . These include
AND
STRUCTURESpublic places consisting of viewpoints , parks ,
scenic routes , and view corridors identified in
Sections : the comprehensive Plan and the comprehensive
16 . 33 . 010 Public view , open space park and recreation plan .
protection and historic sites and structures . 2 . The responsible official may condition or
16 .33 . 015 Archeological resources . deny a proposal to eliminate or reduce its
16 . 33 . 020 Traffic and transportation . adverse impacts on designated public views or
16 . 33 . 030 Ground and surface water open space networks .
qty.
uali 3 . It is the city ' s policy to protect public
16 . 33 . 040 Public facilities . views of historic sites or landmarks designated
identified in the review process
by the city or
16 .33 . 010 Public view , open space which, because of their prominence of location
protection and historic sites and or contrasts or siting, age , or scale , are easily
structures . identifiable visual features of their
A . Policy Background . neighborhood or the city and contribute to the
1 . Camas has a magnificent natural setting of distinctive quality or identity of their
greenery , mountains , and water ; visual neighborhood or the city .
amenities and opportunities are an integral part 4 . A proposed project may be conditioned or
of the city ' s environmental quality . denied to mitigate view impacts .
2 . The city has developed particular sites for 5 . Mitigating measures may include , but are
the public ' s , enjoyment of views of mountains , not limited to :
water, open space networks and skyline and has a. Requiring a change in the height of
many scenic routes and other public places development;
where such views enhance one ' s experience . b . Requiring a change in the bulk of the
3 . Obstruction of public views or open space development ;
networks may occur when a proposed structure c . Requiring a redesign of the profile of the
is located in close proximity to the street development;
property line , when development occurs on lots d . Requiring on- site view corridors or
situated at the foot of a street that terminates or requiring enhancements to off- site view
changes direction because of a shift in the street corridors ;
grid pattern , when buildings are built on a ridge e . Relocating the proj ect on the site ;
line , or when development along a street f. Requiring a reduction or re- arrangement of
creates a continuous wall separating the street walls , fences , or plant material ; and
from the view . g . Requiring a reduction or rearrangement of
4 . As part of the city ' s character , it is accessory structures including, but not limited
important to preserve sites and structures which to , tower railings and antennae .
reflect significant elements of the city ' s historic
heritage and to designate and regulate such 16 .33 . 015 Archeological resources .
sites and structures as historic landmarks . A. Policy Background .
5 . Adopted land use regulations attempt to 1 . The city has sites containing objects of
protect private views through height and bulk archeological and historical significance .
controls and other zoning regulations but it is 2 . The discovery, identification, excavation,
impractical to protect private views through preservation and study of archeological
' ect- specific review . resources , the inventorying of archeological
proJ
B . Policies . sites and collections , and the providing of
ic information to state , federal and private
1 . It is the city ' s policy to protect publ
24
construction agencies regarding the impact of 7 . If archeological resources are discovered
construction activities on archeological on a development site after approval of the
resources are public functions , and the city is development by the city without the imposition
an appropriate agency to assist in the carrying of appropriate mitigation measures , then the
out of these functions . responsible official may issue an order to cease
3 . The conversion of undeveloped lands into and desist all development activity in the
residential , commercial and industrial uses may affected area until such time as an appropriate
result in the destruction of archeological archeological resources assessment can be
resources . undertaken and mitigating measures , if
4 . Development of land should be regulated necessary, implemented .
to mitigate adverse impacts to archeological
resources . 16 . 33 . 020 Traffic and transportation .
B . Policies . A . Policy Background .
1 . It is the city ' s policy to identify, inventory 1 . Excessive traffic can adversely affect the
and preserve archeological resources and stability, safety and character of Camas '
archeological sites located within the city . neighborhoods and downtown .
2 . whenever a development proposal 2 . Substantial traffic volumes associated with
contains a known or suspected archeological major projects may adversely impact
site , the responsible officials shall assess the surrounding areas .
probable effect of the impact and the need for 3 . Individual prof ects may create adverse
mitigating measures . impacts on transportation facilities which
3 . whenever the responsible official service such pro) ects . Such impacts may result
determines that a development project may in a need for turn channelization, right�of-way
contain an archeological site or may adversely dedication, street widening, or other
impact a known archeological site , the improvements including traffic signalization .
proponent may be required to retain the B . Policies .
services of a qualified professional archeologist ism inimize or prevent adverse traffic
to assess the impact of the development, and to impacts that would undermine the stability,
propose such mitigating measures as may be safety and/or character of downtown, a
necessary . neighborhood, or surrounding areas .
4 . The responsible official shall notify the 2 . In determining the necessary traffic and.
Washington State Office of Archeology and transportation impact mitigation, the
Historic Preservation, Department of responsible official shall examine the expected
Community Development, of any development peak traffic and circulation pattern of the
activity that may adversely impact a recognized proposed project weighed against such factors
or suspected archeological site . as the availability of public transit; existing
5 . If the responsible official makes a written vehicular and pedestrian traffic conditions ;
finding that a development project will accident history; the trend in local area
adversely impact an archeological site, then the development; parking characteristics of the
responsible official may condition or deny the immediate area; the use of the street as
development project to minimize such adverse determined by the city and the availability of
impact. goods , services and recreation with reasonable
6 . Mitigation measures may include : walking or biking distance .
a. Reduction in size or scope of the prof ect; 3 . Mitigating measures which may be applied
b . Requiring the implementation of to proj ects may include , but are not limited to :
mitigation measures as recommended by a a. Changes in access ;
professional archeologist; b . Changes in the location, number and size
C . Requiring compliance with any permits or of curb cuts and driveways ;
conditions as may be imposed or recommended c . Provision of transit incentives including
by the Washington State Office of Archeology transit pass subsidies ;
and Historic Preservation . d . Bicycle parking ;
25
e . Signage ; regional regulations did not anticipate or are
inadequate to address the articular impact( s)
f. Improvements to pedestrian and vehicular q P
traffic operations including signalization , turn of the project, the responsible official may
c
channelization, g
ri ht- of-way dedication, street condition or deny the prof ect to mitigate its
widening, or other improvements proportionate adverse impacts .
to the im acts of the roj ect ; and 4 . Mitigating measures may include , but are
P P
g . Transportation management plans . not limited to .
4 . For projects ects which result in adverse a . Use of an alternative technology ;
p J '
impacts , the responsible official may reduce the b . Reduction in the size or scope of the
p ' p ro ' ect or operation ;
size and/or scale of the protect if the pro)
res onsible official determines that the traffic C . Landscaping; and
p
improvements outlined under the above d . Limits on the time and duration of the
paragraph would not be adequate to effectively pro) ect or operation .
mitigate the adverse impacts of the prof ect.
16 . 33 . 040 Public facilities .
16 . 33 . 030 Ground and surface water A . Policy Background .
qty .
uali 1 . A single development though otherwise
on existing public
A . PolicyBackground . consistent with zoning regulations , may create
� excessive demands u
1 . Camas water quality is adversely affected P
primarily dumping o
rimaril dum in f pollutants and drainage- services and facilities . "Public services and
related sewage overflows into its lakes , facilities" in this context includes facilities such
streams creeks and other systems draining into as sewers , storm drains , solid waste disposal
the Washougal and Columbia Rivers . facilities , parks , schools , police and fire
2 . Camas ' water uality is also adversely facilities , and streets and services such as
g
affected bydrainage storm runoff, non-point transit, solid waste collection, public health
source discharges from streets , parking lots and services , and police and fire protection,
other impervious surfaces ; and construction site provided by either a public or private entity .
runoff. B . Policies .
e and regional water quality 1 . It is the city ' s policy to minimize or
3 . Federal , stat g q tY
regulations and programs cannot always prevent adverse impacts to existing public
�- p �
anticipate or eliminate adverse impacts to water services and facilities .
2 . The responsible official may require as
quality . • environmental review of a ro ' ect, a
B . Policies . part of the n p J
1 . It is the ci ' s olic to minimize or reasonable assessment present and planned
ty p y
prevent adverse water quality impacts . condition and capacity of public services and
p q �' . . . the
2 . For an project ect ro osal which poses a facilities to serve the area affected by h
Yp J proposal
potential threat to water quality in Camas , the proposal .
i
lot offici
resons
pal shall assess the probable 3 . Based upon such analyses , a project which
effect of the iin act and the need for mitigating would result adverse impacts on existing public
p
measures . The assessment shall be completed services and facilities may be conditioned or
in consultation with a ro nate agencies with denied to lessen its demand for services and
pP p
water quality expertise . facilities , or required to improve or add
q tY p � _ -
3 . If the responsible official makes a written services and/or facilities to meet demand
p
finding that the applicable federal , state and caused by the prof ect .
26
Chapter 16 . 35 eligible to be listed on any historic or cultural
resource inventory for Clark County ;
HISTORIC PRESERVATION B . Property( ies ) o within the city listed or
eligible to be listed on the National Register of
Sections . Historic Places , Washington State Heritage
16 .35 . 010 Purpose . Register, Clark County Heritage Register or
16 .35 . 020 Applicability. other local register for Clark County .
16 . 35 . 030 Definitions .
16 . 35 . 040 Clark County historic 16 . 35 . 030 Definitions .
preservation commission . The following words and terms when used in
this chapter shall mean as follows , unless a
16 .35 . 050 National Register of Historic
Places . different meaning clearly appears from the
16 . 35 . 060 Clark County heritage register . context :
16 .35 . 070 Review of changes to Clark "Board" shall refer to the Clark County board
County heritage register property(ie+) of commissioners , except where reference is
Design review. made to the " local review board" for purposes
16 .35 . 080 Relationship to zoning . of the special valuation tax incentive program .
16 .35 . 090 Review and monitoring of " Cultural resources " consist of historic or
property (lies) for special property tax prehistoric or archaeological sites and standing
valuation . structures , cemeteries , burial grounds and
16 . 35 . 100 Clark County cultural resources funerary objects and distributions of cultural
inventory. remains and artifacts .
16 .35 . 110 violations and enforcement. " Clark County cultural resources inventory"
.
or " inventory" means a comprehensive
16 .35 . 010 Purpose. inventory of historic resources within the
The purpose of this chapter is to provide for boundaries of Clark County including
the identification, evaluation and protection of resources identified in the Clark County
cultural and historic resources in the city and to cultural resources inventory and other
encourage the preservation, restoration and inventories by local jurisdictions within Clark
rehabilitation of these resources for future County .
generations in order to : " Commission" means the " Clark County
A . Safeguard the heritage of Camas as historic preservation commission . "
represented by those buildings , districts , " Contributing" means a property which dates
objects , sites and structures which reflect to the historic period and retains sufficient
significant elements of the city ' s history ; physical integrity so as to convey its historic
B . Increase recognition of Camas ' cultural character .
and historic resources ; "Historic district" is a geographically
C . Poster a sense of identity based upon the definable area possessing a significant
city ' s history; concentration, linkage or continuity of sites ,
D . Assist, encourage and provide incentives buildings , structures or objects united by past
to property owners for preservation, restoration events or aesthetically by plan or physical
and reuse of significant buildings , districts , development.
objects , sites and structures ; and "Emergency repair" means work necessary to
E . Promote and facilitate the early prevent destruction or dilapidation to real
identification and resolution of conflicts property or structural appurtenances thereto
between preservation of cultural and historic immediately threatened or damaged by fire ,
resources and alternative land uses . flood, earthquake or other disaster .
"National Register of Historic Places " means
16 .35 . 020 Applicability. the national listing of properties significant to
This chapter applies to : our cultural history because of their
A . Property( ies) within the city listed or documented importance to our history,
27
architectural history , engineering or cultural
herita ge . 16 .35 . 040 Clark County historic
"Noncontributing" means a property which preservation Commission .
' t er does not date to the historic period or has
ex A . Authority . The Clark County historic
h
ed sufficient physical integrity so as preservation commission shall serve as the
not retain p Y
convey its historic character . review authority on mutters of historic
torr o Y reservation as outlined in subsection C of this
Ordinary repair and maintenance means p
which a permit issued by the city is section for properties within the City of Camas .
work forp
t e uired b law, and where the purpose and B . Composition of the Commission .
no r q y
c work to correct anyAppointments to the commission shall be made
effect of such
`
deterioration or df damage to the real by the Clark County board of commissioners .
y oor ama g
e or structure appurtenance therein and All members shall be selected based on the
property pp
as nearlybe professional or demonstrated expertise criteria
as may
practicable ,,
to the condition prior to the ( CCC. 18 . 328 . 040 (B )) , rather than by
.
occurrence of such deterioration, decay or geographic distribution .
damage .
C . Powers and Duties . The major
" Qualified archaeologist' means a person responsibilities of the commission are to
• and active/ encourage the
who has had formal training and/or experience identify y g
0 period of at least three conservation of the county ' s historic and
in archaeology over a
as been certified in writin to be a . cultural resources by initiating and maintaining
years and h g
qualified archaeologist by two professional a register of historic places and reviewing
fists as defined in RCW 27 . 53 . 030 . proposed changes to register property(ies) ; to
archaeologists , ,
" Significance" shall refer to a quality of a raise community awareness of the county ' s
Sign
e which helps one understand the historic and cultural resources ; • and to serve as
property p
history of the local area state or nation by the county ' s primary resource in matters of
illuminating e' thlocal , statewide or nationwide historic preservation . In carrying out these
t of the events or persons associated with responsibilities , the commission shall engage in
impact
theproperty, or its architectural type or style in the fallowing activities :
• • . Maintain a com rehensive inventory of
information potential . The local area may be as 1 P
large
as Clark County or Southwest historic and cultural resources within the
or as small as a neighborhood. boundaries of the city of Camas to be included
Washington, g
L significance Y pp
Local si ificance ma apply to a property that in the Clark County Cultural Resources
p
illustrates
a theme that is important to one or Inventory; publicize and periodically update
more localities ; state significance to a theme inventory results ;
irnporY
rtant to the histo of the state ; and 2 . Maintain the Clark County heritage
national significance to of exceptional register . This official register shall be
property
in representing or illustrating an comprised of buildings , structures , sites ,
valuep g
ant theme in the histo of the nation . obj ects and districts identified by the
import history
" Special valuation tax. incentive program or commission as having historic sign
special valuation means the local option ificance
. worthy of recognition by ition b the and
" county
program makes available to property owners a encouragement of efforts by owners to
special tax valuation for rehabilitation of maintain, rehabilitate and preserve properties ;
' under which the assessed 3 . Review nominations to the Clark County
historic property(les)
eligible historic roe is heritage register and National Register of
value of an g property�'
P
determined
at a rate that excludes , for u to ten Historic Places according. to criteria in Sections
years the actual cost of the rehabilitation . 16 . 31 . 050 and 16 .531 . 060 of this chapter .
" Washington Heritage Register" means the Make designations to the Clark County
state listin g of p roperties significant to the Heritage Register;
state or nation but which do not 4 . Review proposals as required in Sections
community,
meet the criteria of the National Register of 16 . 35 . 060 (B ) and (C) for historic districts on
Historic
` Places . the Clark County Heritage or National
28
Registers ; (DAMP ) within sixty days of the date of
5 . Submit nominations to the Washington application . The OAHP shall complete the
State Heritage Register and National Register designation process and notify the applicant of
of Historic Places ; the designation decision .
6 . Provide for comment by the commission
on all applications for approvals , permits , 16 . 35 . 060 Clark County heritage
environmental assessments or impact register .
statements , and other similar documents A . Criteria for Determining Eligibility for
pertaining to identified historic or cultural Designation in the Register. Any building ,
resources or adjacent property( les ) upon staff structure , site , object or district may be
request; designated for inclusion in the Clark County
7 . Provide information, comment and support heritage register if it :
to the public and agencies on matters related to 1 . Has integrity of location, design , setting,
historic preservation ; materials , workmanship , feeling and
8 . Encourage recognition of noteworthy association ; and
efforts in the rehabilitation or maintenance of k 2 . Is at least fifty years old, or is of lesser age
historic buildings , structures , sites and districts , and has exceptional importance ; and
and new construction in historic areas ; 3 . Is significantly associated with the history,
9 . Serve as the local review board for special architecture , archaeology, engineering or
valuation pursuant to RCW 84 . 26 . cultural heritage of the community ; and
D . Rules and Officers . 4 . Meets at least one of the following criteria :
1 . The commission shall establish and adopt a. Is associated with events that have made a
its rules and procedures not inconsistent with significant contribution to the broad patterns of
this chapter . national, state or local history ; or
2 . The commission shall select from among b . Embodies the distinctive architectural
its membership a chairperson and vice chair to characteristics of a type, period, style or
conduct the commission ' s business . method of design or construction, or represents
E . Commission Staff. Staff for the a significant and distinguishable entity whose
commission shall be provided by the Clark components may lack individual distinction; or
County department of community development G . Is an outstanding work of a designer,
with additional assistance . and information to be * builder or architect who has made a substantial
provided by other county or city departments as contribution to their field ; or
may be necessary to aid the commission in d . Exemplifies or reflects special elements of
coming out its duties and responsibilities the county ' s history ; or
under this chapter . e . Is associated with the lives of persons
H . Interlocal Agreement Required . An significant in national, state or local history ; or
interlocal agreement shall be established f. Has yielded or may be likely to yield
between the city and Clark County important archaeological information related to
implementing the provisions of this chapter . history or prehistory ; or
g . Is an historic building or cultural resource
16 ,35 . 050 National Register of removed from its original location but which is
Historic Places . significant for architectural value , or
A . Nominations to the National Register of association with an historic person or event, or
Historic Places shall be reviewed as established prehistory; or
in the Code of Federal Regulations ( 36CFR60 ) . h . Is a birthplace or grave of a prehistoric or
B . The commission shall hold a duly historical . figure of outstanding importance and
advertised public hearing at a regularly is the only surviving structure or site associated
scheduled meeting at which the applicable with that person; or
criteria are reviewed and a recommendation i . Is a cemetery or burial site which derives
forwarded to the State Department of its primary significance from age , from
Archaeology and Historic Preservation distinctive design features , or from association
29
or cultural patterns ; or designation of the district .
with historic events ,
g
Is
a reconstructed building that has been 5 . The public, property owner( s ) and
� .
y
executed in
an historical) accurate manner on author(s) of the nomination, if different, and
•
the original site ; or lessees , if any , shall be notified of the listing by
k. Is a creative and unique example of folk mailed notice .
and design created by persons not C . Designating Historic Districts :
architecture gx
formally trained in the architectural or design 1 . Historic districts may be identified and
professions , and which does not
it into formal nominations made in conformance with the
historical categories . criteria in this chapter . A simple majority of
architectural or h g
and Listin property owners within the proposed historic
B . Nominating, Designating g
icts to the Clark County district must consent, in writing , to nomination
Property( ies) or Districts
' e Register . of properties prior to designation . Design
Heritage g g ' es shall be adopted as an integral pat of
1 . Any person may nominate a building, guide
lin p
structure site object, or district far inclusion in each historic district designation .
J
s ru , ,
heritage register . The owner 2 . Commission staff together with city staff
the Clark County g g
must consent to placement of the nominated shall :
resource prior to consideration for designation a. Review the proposal for land use impacts ,
by the commission . In its designation decision, consistent with the comprehensive plan,
the commission
shall consider the Clark neighborhood action plan , and other related
inventory and the plans and codes . The designation of a historic
County cultural resources rS'
Camas comprehensive urban area com ensive plan . district should not have the effect of
2 . The commission shall consider the merits significantly hampering redevelopment in
nomination accord * to the criteria in commercial areas . Staff shall submit its
g
oft e n �
subsection A of this section and according to analysis of these issues to the commission;
the nomination review standards established in b . Draft design guidelines for the proposed
d procedures , ata public hearing . historic district and . submit them to the
its rules an p
Adequate notice will be given to the public , the commissions on .
of the nomination, if 3 . The commission shall hold a duly
different, and lessees if any, of the subject advertised public hearing to review the
pthe public, meeting according proposal . It shall make findings concerning the
roperty prior to e p g
or ublic meetings established in proposed district' s historic significance ; the
to standards f p g
rules and in comp
fiance with RCW 42030 , appropriate boundaries of such a district, land
Open Public Meetings s Act. Such notice shall use impacts , consistency and compatibility
kation in a newspaper of general issues ; and appropriate design guidelines .
include publication
County and posting of the Contributing structures and features as well as
circulation m Clarkty p g
property per CCC 18 . 600 . 080 . If the noncontributing structures shall be identified .
' ssion finds that the nominated property The commission shall issue a final
conciini
Clark County heritage
determination designating the historic district
is eligible for thety g
fission shall list the property or denying the proposal following the public
register, the comm p p
in the register with the owner ' s consents hearing .
individual roe les , the 4 . Designated historic districts shall be
3 . In the case of p p rtY( )
include all exterior features , recorded on the official zoning maps of the city
designation shall in .
interior features , and outbuildings which and the county .
the sl ificance of the 5 . A decision of the commission designating
directly contribute to gn
historic or architectural character . . a building, structure , site , object or district or
hi
4 . In the case of �
districts the designation denying such a proposal may be appealed to the
shall include description of the boundaries of city council .
' � the characteristics of the district D . Removal of Property(ies ) or historic
the district, h
which Jus
tifies its design ation*, and a list of all Districts from the Clark County Heritage
p
ies} including features , structures , Register.
roperty(
of
s rte s and objects which contribute to the 1 . A property owner may request a review
30
a property for possible removal from the Clark pursuant to CMC 16 . 07 . 090 .
County her register . A q may written request F . Recording Designations and Listings . All
y
be submitted to the commission and considered properties which are designated and listed on
there is no the Clark County heritage register shall have a
at a public meeting . However,
' have a roe removed copy of the listing recorded with the county
automatic right to property rty
auditor ' s office . A copy of the designation and
or historic ii
from the register . lstng letter for recording shall be forwarded to
2 . in the event that any property
ets the criteria for the auditors office by commissi
district no longer me
on staff
designation to the Clark County heritage
commission may changes to Clark
register, the comm y initiate removal 16 . 35 . 070 Review of
from such designation by the same procedure County heritage register
gn
as pr
ovided for in establishing the designation, property(ies) Design review .
except that a property
or historic district may A . Review Required . No person shall
be removed from the Clark County heritage construct any new building or structure , . or
register without own
er consent . The decision to reconstruct, alter, restore , remodel , repair ,
rmove , demolish or make any material change
remove a property or district from the Clark
a bappealed to the affecting significant historic features as listed
County heritage register may pp
in the designation application to any existing
city council .
' and Listing on the property on the Clark County heritage register
E . Effects of Designationg
Register .
or within an historic district on the Clark
1 . Designation ang
d listin on the Clark County heritage register , whether the property
is an honorary is contributing or noncontributing, without
County heritage register ry
cant association review by the commission and without receipt
designation denoting significant ' in the
with the historic architectural , archaeological , of a certificate of appropriateness , or
of the case of demolition, a waiver of certificate of
engineering or cultural heritage
' e ies is (are) listed appropriateness , as a result of the review .
community . Prop rty( )
• tinproperty to 1 . For individual or contributing properties ,
individually or as contribu g
• the review shall apply to all features of the
an historic district .
' cement of an work property, interior and exterior, that contribute
2 . Prior to the cowmen y
• i ificant features as to its designation and are listed on the
associated with the sgn
defined in the designation of the register designation .
n ordinary 2 . For noncontributing properties , the review
property or historic district excluding �
repair., maintenance and emergency measures shall apply to exterior changes . The purpose of
defined in Section 16 . 3
5 . 070 the owner must the review in this case is to ensure that the
,
of proposed changes do not further detract from
request and receive a certificate
' c commission for the the property ' s compatibility with the historic
appropriateness from the o e changes which would
ro district, and to encourag g
posed work.p
3 . Prior to whale or partial demolition of a enhance its compatibility with the historic
register property or historic district, the owner district.
g p p 3 . For new construction or redevelopment,
must request and receive a waiver of a ' o the
the review shall apply to the exterior f
certificate of appropriateness .
4 . After demolition of
' a structure the structure(s ) . The purpose of the review is to
of the
property from the Clark County g ensure that the exterior design of the proposed
commission may initiate removal
heritage structure enhances the historic district through' terconformance with the adopted design
register .
.
5 . while Clark County is certified as certified guidelines .
properties and This requirement local government (CLG) , all shall apply whether or not
p ro Palso requires a building
toric districts desi ated on the Clark the proposed alteration q g
his �
' stet and the National or other permit, except as noted under
County heritage regi
Places may beligible for subsection B of this section. Information
Register of Historic P y e
non their rehabilitation required by the commission to review the
a special tax valuation
31
proposed changes are established in its rules v . Replacement of utility systems if
and procedures . A pre- application conference is contributing interior features of significance are
recommended but must be requested by the present,
applicant . vi . Structural or seismic upgrades which do
B . Exemptions . The following activities do not alter or affect significant features ;
not require a certificate of appropriateness or b . A public hearing review by the
review by the commission : commission for alterations in appearance ,
1 . Ordinary repair and maintenance activities , replacement of historic materials , new
including painting and emergency measures as construction or additions , or demolition or
defined in Section 16 . 35 . 030 , which do not removal of a Clark County Heritage Register
affect significant historic features ; building or cultural resource . Demolition of
2 . Ordinary repairs and maintenance which structures or facilities with recognized
do not alter the appearance of a significant historical significance is also subject to the
feature and do not utilize substitute materials State Environmental Policy Act .
do not require a certificate of appropriateness ; 3 . When a certificate of appropriateness is
3 . If there are no interior features of required, the following procedures shall govern
significance , repairs to or replacement of utility according to the type of review required .
systems do not require a certificate of a . Applications requiring administrative
appropriateness if such work does not alter a review for certificates of appropriateness shall
significant feature . be reviewed by the commission staff.
C . Review Process . b . Applications for the certificate shall be
1 . Requests for Review and Issuance of a submitted to the commission staff on forms
Certificate of Appropriateness or Waiver . The provided by the commission and must include a
building or zoning official shall report any clear photograph or photographs of the
application for a permit to work on a building, object, site or structure, a brief
designated Clark County heritage register description of the intended work, and samples
property or in a Clark County heritage historic of replacement material for comparison with
district to the commission . If the activity is not the existing or the original building or
exempt from review, the commission or staff structure .
shall notify the applicant of the review C . Decision of the commission staff on the
requirements . The building or zoning official application shall be made within fifteen days
shall not issue any such permit until a from the date on which the commission staff
certificate of appropriateness or a waiver is recei
fves a technically complete application .
received from the commission but shall work d . The commission staff may, on his or her
with the commission in considering building own motion, refer the application to the
and fire code requirements . commission for a decision in accordance with
2 . There shall be two types of reviews for the procedures set forth for a public hearing
issuance of a certificate of appropriateness : review . The time for a decision of the
a. An administrative review by commission commission on the application shall run from
staff for repairs and replacements - in-kind as the date that the application is referred to the
listed below, but not limited to , the following . commission by the staff.
i . Repairs (other than ordinary repair and e . Appeals from the decision of the
maintenance) using the same materials and commission staff regarding the issuance of a
design as the original, certificate of appropriateness under
ii . Re-roofing using the same type and color administrative review may be appealed to the
of material , commission (not the hearing examiner) .
ill . Replacement of sidewalks and driveways 4 . Public Hearing Review . Alterations in
using the same type and color of materials , appearance , replacement of historic material
iv . Replacement of foundations or major ( other than. mind) , new construction or
portions thereof, using the same type and color additions . Alteration in the appearance of a
of materials , significant contributing feature, the
32
replacement of historic material (other than in- demolition or alternative plans .
kind ) in a significant feature , additions to a b . After the pre- application conference , the .
gn .
Clark County heritage register ( CCHR) or new owner or agent may apply to the commission
construction on a CCHRP roperty or in an for review of the proposed demolition and
historic district, or any excavation on an request a waiver of certificate of
q
archaeological site requires a public hearing appropriateness through a public hearing . With
g
review for a certificate of appropriateness . The the application, the applicant shall provide a
owner . his/her agent (architect,, contractor, bona fide list of alternatives to demolition
or g
lessee etc . shall apply 1 to the commission for a (which includes , but is not limited to , economic
review ofro osed changes on a Clark County analysis ; offers to lease , sell or dedicate site to
P P
heritage g property re ister ro erty or within a Clark a private , public or nonprofit entity, and
County g heritage register historic district and outcome of the offer ; relocation of building ,
request a certificate of appropriateness or, in
the case of demolition, a waiver . Each C . Such review . shall last no longer than forty-
application for review of proposed changes five days from the date of application , unless
shall be accoin anied b information as the commission ' finds that an extension of time
P y
Y
required b the commission in its rules and is necessary . In no case shall the commission
q
procedures for the review of the proposed extend the review period beyond an additional
P P
project. The commission staff shall meet with forty- five days .
e applicant and review the proposed work d . If no alternative to demolition is agreed
th pp P P
accordin to the desi review criteria upon , the commission shall issue a waiver of
g
design certificate of appropriateness . The commission
established in rules . Notice of the
review shall be published in a newspaper of may attach to the waiver, pursuant o the public
rev
general circulation with the agenda for a public hearing, conditions mitigating the loss of the
hearing ane d the property posted . The Clark County heritage register property .
commission shall complete its review and make Mitigation measures may include , but are not
its recommendations decision within the limited to , an identification plaque , use of an
timelines established in CCC 17 . 600 . 080 , architectural element in new construction,
unless an extension of time is necessary . The moving the building, and/or buffering of the
commission ' s decision shall be in writing and historic or cultural resource . The waiver and
shall state the findings of fact and reasons any attached mitigation conditions shall be
relied upon in reaching its decision . If the transmitted to the official in charge of issuing
p g
owner agrees to the commission ' s decision, a demolition permits . Any attached mitigation
certificate of appropriateness shall be awarded conditions shall become conditions of approval
P
b the commission according to standards should a demolition permit be granted .
Y
established in its rules and procedures . The e . After demolition of a property , the
commission ' s recommendations and decision, commission may initiate its removal from the
and if awarded, the certificate of Clark County heritage register . . .
a ro riateness shall be transmitted to the 6 . Appeal of Approval or Denial of a Waiver
PP P
building or zoningofficial . If a certificate of of a Certificate of Appropriateness . The
a ro riateness is awarded, the building or . con nission ' s decision regarding a waiver of a
PP P
zoning official may then issue the permit . certificate of appropriateness may be appealed
Y
to the city council . Appeal of the city council ' s
5 . Demolition . A waiver of certificate of
is required before a permit may decision regarding a waiver of a certificate of
appropriateness q
ion appropriateness xray be appealed to superior
be issued to allow whale or partial demolit
of a designated Clark County heritage register court.
property or in a Clark County heritage register
historic district. Demolition is subject to review 16 .35 . 080 Relationship to zoning .
under the State Environmental Policy Act . A . Property(les) designated to the Clark
a. The owner or his/her agent shall attend a County heritage register shall be subject to the
pre-application conference with staff to review provisions set forth herein, as well as the bulk,
33
use , setback and other controls of the zoning of the register status and applicable
district in which they are . located . Nothing requirements .
contained herein shall be construed to be
repealing , modifying, or waiving any zoning 16 . 35 . 090 Review and monitoring of
provisions . property( ies ) for special property tax
1 . Property( les ) on any historic register or the valuation .
Clark County cultural resources inventory shall This section implements the local option
be so noted in the city ' s manual or electronic special valuation tax incentive program as
permit tracking system or other database to established in RCW 84 . 26 .
alert staff and public as to the presence of an A . Time Lines .
historic site , structure, object or building . & 1 . Applications must be filed by the first day
Archaeological sites are exempt from this of October with the county assessor ' s office
requirement . and shall be forwarded to the commission by
2 . An official county map shall indicate an the assessor within ten days of filing .
"HR- C" for "Historic or Heritage Register - 2 . For applications filed at least thirty days
Camas " for any property listed on the national , prior to the next regularly scheduled meeting of
state or local registers ; with the exception of the commission, the case may be put on the
specific archaeological sites . agenda for that meeting. If there are not thirty
3 . Property( les) within the city listed on the days , the case will be scheduled for the next
Clark County cultural resource inventory shall regularly scheduled meeting of the
be indicated on an official map ( s ) with an "HI- commission .
- Camas " with the 3 . Applications shall be reviewed by the
C" for "Historic Inventory
exception of specific archaeological sites . commission before December 31 st of the
4 . Historic district boundaries approved by calendar year in which the application is made .
the commission shall be indicated on the city ' s 4 . Commission decisions regarding the
official zoning maps . applications shall be certified in writing and
5 . Any application for development of filed with the assessor within ten days of the
building permit review on a property decision .
designated HRC or HI- C shall be routed to B . Procedure .
commission and city staff for review or action 1 . The applicant files an application for
pursuant to this ordinance and the special valuation with the county assessor ' s
commission ' s rules and
rocedures prior to office no later than October 1 st preceding the
P
permit approval . tax assessment year for which they wish to
B . The Clark County planning division with apply . A fee is required as established in CCC
assistance from city staff is responsible for 17 . 60 and is payable to the Clark County
review of impacts to potential or existing department of community development.
historic resources . All applications for 2 . The assessor forwards the. application( s ) to
approval, permits , environmental assessments the commission within ten days of receipt of
PP
or impact statements , and other similar the completed application .
documents pertaining to property( les) on the 3 . The commission reviews the
Clark County cultural resource inventory or application( s) , consistent with its rules and
adjacent property( les ) shall be reviewed by procedures , and determines if the application( s )
appropriate staff or a qualified consultant. are complete and if the property(les) meet the
Comments shall be forwarded to the criteria set forth in WAC 254- 17 - 070 ( 1 ) and
responsible staff for the application under listed in subsection (C )( 3 ) of this section .
consideration . If a property or historic district is a. If the commission finds the property(ies )
on the National Register of Historic Places or meet all the criteria, then it shall approve the
the Clark County heritage register, the application( s ) .
commission staff shall contact the property b . If the commission determines the
owner( s ) or agent( s ) in writing and advise them property( les ) do not meet all the criteria, then it
shall deny the application( s ) .
34
4 . The commission certifies its decisions in a . A legal description of the historic property ;
writing and states the facts upon which the b . A copy of the nomination form to the
approvals or denials are based and files copies National Register of Historic Places or Clark
of the certifications with the assessor . County heritage register for the subject
5 . For approved applications : property( ies) ;
a . The commission staff forwards copies of c . Comprehensive exterior and interior
the agreements , applicationsand supporting photographs of the histori
, c property before and
documentation ( as required by WAC 254- 17 - after rehabilitation . Photographs should be four
090 (4) and identified in subsection C of this inches by six inches or five inches by seven
section) to the assessor ; inches minimum format either black and white
b . The commission staff forwards the signed or color, with negatives and must be clearly
agreement and application documents to the labeled to identify case , location , subjects and
county auditor for recording . The applicant the direction the photograph was taken :
shall be assessed fees for recording as provided i . Photos taken prior to construction,
for in CCC 17 . 60 and other applicable county ii . Historic photos or other source materials
codes ; of replicated features ,
C . Notifies the Washington State Advisory iii . If in an historic district, a current
Council that the property( les ) have been streetscape ;
approved for special valuation ; and d . Architectural plans or other legible
d . Monitors the property( les ) for continued drawings depicting the completed rehabilitation
compliance with the agreements throughout the work signed by the architect or drafts -person ;
ten-year special valuation period . Monitoring and
may include an annual site visit by staff or e . Notarized affidavit( s ) :
commission members . i . Attesting to the actual itemized cost of the
6 . The commission determines in a manner rehabilitation work completed prior to the date
consistent with its rules of procedure , whether of application, and
or notro erty( ies ) are disqualified from ii . Indicating rehabilitation work was
p p
special valuation either because of:completed within the twenty-four month period
a. The owner' s failure to comply with the of time prior to application for special
terms of the agreement; or valuation .
b . A loss of historic value resulting from Documentation of both must be made
physical changes to the building or site . available to the commission ;
7 . For disqualified property( les) pursuant to f. Samples of utilized materials may be
RCW 84 . 26 . 080 , the commission shall notify required by the commission;
the owner, assessor , and Washington State g . other information as required by staff or
Advisory Council in writing and state the facts the commission at apre- application meeting .
supporting its findm* s . 3 . Property Review Criteria. In its review the
pP g g
C . Criteria. commission shall determine if the property( les )
1 . Historic Property Criteria. The class of meet all the following criteria .
property eligible to apply for special valuation a. The property is historic property which is
in Clark County shall mean all property(ies) designated to the local and/or national registers ;
listed on the National Register of Historic b . The property has been rehabilitated at a
Places , Clark County heritage register or cost which meets the definition set forth in
property( les) certified as contributing to local RCW 84 . 26 . 017 (2) within twenty-four months
and/or National Register Historic Districts prior to the date of application ; and
which have been substantially rehabilitated at a c . The property has not been altered in any
cost and within a time period which meets the way which adversely affects those elements
requirements set forth in RCW Chapter 84 . 26 . which qualify it as historically significant as
2 . Application Criteria. Complete determined by applying the Washington. State
applications shall consist of the following Advisory Council ' s Standards for the
documentation : Rehabilitation and Maintenance of Historic
35
Properties (WAC 254 - 17 - 100 ( 1 ) and listed in 2 . The city of Camas or Clark County may
subsection ( C) (4 ) of this section) . conduct an historic and cultural resource
4 . Rehabilitation and Maintenance Criteria. inventory and make application for listing on
The Washington State Advisory Council ' s the inventory .
Standards for the Rehabilitation and D . Listing on the Inventory .
Maintenance of Historic Properties in WAC 1 . New listings of buildings , structures , sites ,
254- 17 - 100 shall be used by the commission as objects or districts to the inventory is subject to
minimum re uirements for determining review by the department of community
q
whether or not an historic property is eligible development together with staff from the cityw
for special valuation and whether or not the Consideration of listing shall be based upon
property continues to be eligible for special development of a comprehensive inventory
valuation and whether or not the property methodology which determines a rank order .
continues to be eligible for special valuation 2 . Property ( les ) which are demolished shall
once it has been so classified . be maintained in the inventory records for
D . Agreement . The historic preservation historical research purposes .
special valuation agreement in WAC 254 - 17 -
117 shall be used by the commission as . the 16 . 35 . 110 Violations and enforcement.
minimum agreement necessary to comply with violations of this chapter shall be grounds for
the requirements ofRCW 84 . 26 . 050 (2 ) e the commission to review the property for
E . Appeals . Any decision on of the' commission removal from the register . The property owner
acting on application for classification as may also be subject to special valuation
any
historic eligible for special valuation, disqualifications as stated in WAC 45 8 - 15 - 070
may be appealed to superior court under RCW and all applicable laws .
3 4 . 04 . 13 0 in addition to any other remedy of
law . Any decision on the disqualification of
historic property eligible for special valuation ,
or any other dispute , may be appealed to the
county board of equalization .
16 .35 . 100 Clark County cultural
resources inventory .
A . Purpose of the Inventory . The Clark.
County cultural resources inventory is a tool
for planning and research, and includes those
resources believed to have cultural or historic
significance for Clark County, the region, or
the nation , regardless of current ownership .
B . Effect of Listing on the Inventory . Listing
on the Clark County cultural resources
inventory does not result in any regulatory
requirements pursuant to this chapter .
C . Application for Listing * on the Inventory .
1 . A property owner may make ' application
for listing on the inventory by completing an
inventory form available from the Clark
County department of community development
and submitting it to the commission staff, if the
building, structure , site , object, or district is at
least fifty years old, or is of lesser age and has
exceptional architectural, historical or cultural
importance .
36
CRITICAL AREAS property .
C . Goals . By managing development and .
Chapter 16 . 51 alteration of critical areas , this chapter seeks to :
1 . Protect members of the public and public
GENERAL PROVISIONS resources and facilities from injury, loss of life ,
or property damage due to landslides and steep
Sections : slope failures , erosion , seismic events , or
16 . 51 . 010 Purpose. flooding;
16 . 51 . 020 Authority . 2 . Protect unique , fragile , and valuable
16 . 51 . 030 Relationship to other regulations . elements of the environment, including ground
16 . 51 . 040 Severability . and surface waters ;
16 . 51 . 050 Administrative rules . 3 . Direct activities not dependent on critical
16 . 51 . 060 Interpretation . area resources to less ecologically sensitive
.
16 . 51 . 070 Critical areas Regulated . sites , and mitigate necessary impacts to critical
16 . 51 . 080 Best available science . areas by regulating alterations in and adjacent
icability . to critical areas ;and
16 . 51 . 090 Appl
16 . 51 . 100 Exemptions . 4 . Prevent cumulative adverse environmental
16 . 51 . 110 Exception Reasonable use . impacts to critical aquifer recharge and
16 . 51 . 120 Allowed activities . frequently flooded areas .
16 . 51 . 130 Review required . D . The regulations of this chapter are intended
16 . 51 . 140 Critical area reporting to protect critical areas in accordance with the
evaluation Requirements . Growth Management Act, and through the
16 . 51 . 150 Critical area report application of best available science , as
Modifications to requirements . determined according to WAC 3 6 5 - 19 5 - 9 0 0
16 . 51 . 160 Mitigation requirements . through 365 - 195 - 925 , and in consultation with
16 . 51 . 170 Mitigation sequencing* state and federal agencies and other qualified
16 . 51 . 180 Mitigation plan requirements . professionals .
16 . 51 . 190 Innovative mitigation . E . This chapter is to be administered with
16 . 51 . 200 Unauthorized critical . area flexibility and attention to site- specific
alterations and enforcement. characteristics . It is not the intent of this
16 . 51 .210 Critical area markers , signs and chapter to make a parcel of property unusable
fencing . by denying its owner reasonable economic use
16 . 51 .220 Notice on title . of the property .
16 .51 . 230 Native growth protection areas F . The city ' s enactment or enforcement of this
Reserved . chapter shall not be construed for the benefit of
any individual person or group of persons other
16 . 51 . 240 Critical area protective
mechanism . than the general public .
16 .51 . 250 Bonds to ensure mitigation ,
maintenance and monitoring. 16 . 51 . 020 Authority .
As provided herein, the director shall mean the
16 . 51 . 010 Purpose . community development director or designee .
A. The purpose of this chapter is to designate The director is given the authority to interpret
and classify ecologically sensitive and and apply, and the responsibility to enforce this
hazardous areas , and to protect these areas , chapter to accomplish the stated purpose .
their functions and values , while allowing for
some reasonable use of property . 16 . 51 . 030 Relationship to other
B . The city finds that critical areas provide a regulations .
variety of valuable and beneficial biological A . These critical area regulations shall apply as
tY .
and physical functions that benefit the city of an overlay and in addition to zoning and other
and/or may pose a regulations , including the city of Camas Design
Camas and its residents ,
threat to human safety, or to public and private Standards Manual, adopted by the city .
37
s may be necessary, shall be liberally construed _ to serve
B . These critical area regulation y d ' nance codified in this
applied concurrent) with review conducted the purpose of the or x
pp Y
under the State Environmental PolicyAct chapter, and shall be deemed to neither limit
wa
review as nor repeal any other provisions under state
( SEPA) , or other development
adopted. statute . .
p
C . In the event of a conflict with any other
ter, that which provides 16 . 51 . 070 Critical areas Regulated .
provisions of this chap , p • - re � y lated b this chapter
more protection to the critical areas shall apply . A . Critical areas
. . .
' ' of this include wetlands (CMC 16 . 5 3 ) , critical aquifer
D . Compliance with the provisions ,
Bance with recharge areas (CMC Chapter 16 . 5 5 )
chapter does not constitute com p
and frequently flooded areas ( CMC Chapter 16 . 57 ) ,
other federal , state and Local regulations
permit requirements that may be required (for geologically hazardous areas (CMC Chapter
e Substantial Develo ment 16 . 59 ) , and fish and wildlife habitat
example , Shoreline p
Corps conservation areas (CMC Chapter 16 . 61 ) .
Permits , IPA permits , Army rp in the city meetin the
Engineers Section 404 permits , NPDES B . All areas with ty g
Eng
permits ) . The applicant is responsible for definition of one or more critical area, platted
requirements , apart from natural open space area, and conservation
complying with all requir p m.
is chapter . covenant areas , regardless of any formal
t
the process established in h p critical areas and
identification, are designated
are subject to these provisions .
16 . 51 . 040 Severability .
If any clause , sentence , paragraph, section, or .
p
part of chapter, Pp
this chor the application thereof to 16 . 51 . 080 Best available science .
any person or circumstances s J g y
hall be Jud ed b A . Best Available Science to be Used Must be
Criteria . The best available
court of competent J
any p Jurisdiction to be Consistent with
be science is that scientific information applicable
invalid, such order or Judgment shallb local state or
operation to the controversy in to the critical area prepared y ,
confined in its p
decision shall not federal natural resource agencies , a qualified
which it was rendered . The d team of qualified
affect or
invalidate the remainder of any part scientific professional, or q
provisions of each scientific professionals , that is consistent with
thereof, and to this end the
clausesentence , paragraph,p aro a h, section, or part of criteria established in
WAC 3_ 65 - 195 - 900
,
this law are
declared to be severable . through. WAC 365 - 195 -925 .
B . Absence of Valid Scientific Information .
. Where there is an absence of valid scientific
16 . 51 . 050 Administrative rulesincomplete scientific
Applicable departments within the city of information, or income
pp p information relating to a critical area, leading to
Camas are authorized to adopt such � ' cal area
rules and regulations as uncertainty about the risk to criti
administrativeg�
necessary and appropriate to implement these function of permitting an alteration of or
the use of impact to the critical area, the director shall :
chapters and to prepare and require d land use activities
c farms as necessary for its administration . 1 . Limit development an
such rY
responsible for the until the uncertainty is sufficiently resolved;
The applicant shall be
initiation re oration, submission, and expense and .
� p p
s assessment( s) , studies , 2 . Require an effective adaptive management
of all required reports , methods to
ance s s) by program that relies on scientific
plans , reconnaiss ( ) , peer review(
is and other work prepared evaluate how well regulatory and
qualified consultants , p p actions protect the critical area.
in support of or necessary to review the nonregulatory
pp kn adaptive management program is a formal
application .
and deliberate scientific approach to taking
16 . 51 . 060 Interpretations
action and obtaining information in the face of
In the interpretation and application of this uncertainty . An adaptive management program
ordinance the provisions of this chapter shall shall : •
minimum requirements a. Address funding for the research component
be considered to be theq
38
of the adaptive management program ; person or agency undertaking such action shall
b . Change course based on the results and notify the city within four days following
interpretation of new information that resolves commencement of the emergency activity . If
uncertainties ; and the director determines that the action taken , or
G . Commit to the appropriate timeframe and any part of the action taken, was beyond the
scale necessary to reliably evaluate regulatory scope of an allowed emergency action, then
and nonregulatory actions affecting protection enforcement will commence .
of critical areas and anadromous fisheries . 2 . After the emergency, the person or agency
undertaking the action shall fully restore and/or
16 . 51 . 090 Applicability . mitigate any impacts to the critical area and
Land proposals below are subject to the management zones resulting from the
criteria., guidelines , report requirements , emergency action in accordance with an
conditions , and performance standards in CMC approved critical area report and mitigation
Chapters 16 . 50 through 16 . 95 : plan . Restoration and/or mitigation activities
A . Binding site plan ; must be initiated within one year of the date of
B . Blasting permits , the emergency, and completed in a timely
C . Commercial development; manner ;
D . Conditional use permit; 3 . Operation, Maintenance or Repair .
E . Light industrial or industrial development; Operation, maintenance or repair of existing
F . Planned residential development ; structures , infrastructure improvements ,
G . Short plat ; utilitiespublic or pri
, vate roads , dikes , levees
H . Subdivision ; or drainage systems that do not further alter or
I . Shoreline substantial development permit; increase the impact to , or encroach further
J . Unclassified use ; within, the critical area or management;
K . Any grading, filling, or clearing of land, or 4 . Passive Outdoor Activities . Recreation ,
logging or removal of timber on land education , and scientific research activities that
characterized in a critical area described in do not degrade the critical area, including
CMC Section 16 . 51 . 070 (A) ; and fishing, hiking, and bird watching . Trails must
L . Other activities as specified within CMC be constructed pursuant to CMC Section 16 .
Chapters 16 . 51through 16 . 61 . 51 . 120 (C) (4 ) ; and
5 . Forest Practices . Forest practices regulated
16 . 51 . 100 Exemptions . and conducted in accordance with the
A . Exempt Activities . The following provisions of Chapter 76 . 09 RCW and forest
developments , activities , and associated uses practices regulations , Title 222 WAC , and
shall be exempt from the provisions of this those that are exempt from city of Camas '
title ; provided, that they are otherwise jurisdiction, provided that forest practice
consistent with the provisions of other local, conversions are not exempt .
state and federal laws and requirements : B . Exempt Activities Shall Avoid Impacts to
1 . Emergencies . Emergency activities are those Critical Areas . All exempted activities shall use
activities necessary to prevent an immediate reasonable methods to avoid potential impacts
threat to public health, safety, or welfare , or to critical areas . To be exempt from these
that pose an immediate risk of damage to provisions does not give permission to degrade
private property, and that require remedial or a critical area or ignore risk from natural
preventative action in a timeframe too short to hazards . Any incidental damage to , or
allow for compliance with the requirements of alteration of, a critical area that is not a
these provisions . necessary outcome of the exempted activity
An emergency response shall utilize reasonable shall be restored, rehabilitated, or replaced at
methods to address the emergency considering the responsible party ' s expense .
the applicable critical area( s ) ; in addition, they
must have the least possible impact to the 16 . 51 . 110 Exception Reasonable use.
critical area or its management zone . The
39
A . If the application
of this title would deny all previously for the underlying permits
reasonable use of the subject property , the B . Required Use of Best Management
property owner may appy for an exception tion Practices . All allowed activities shall be
acted using pursuant to this sections coed g the best management
practices , adopted pursuant to other provisions
B . Exception Request and Review Process . An p P ,
e use exception shall contained in this code , that result in the least
application for a reasonable p
hall include a critical amount of impact to the critical areas .
be made to the Best
city and ' ces shall be used for tree
area application and fee ; critical area report, management practi
pp and an and vegetation protection , construction
including mitigation plan , if necessary ; �' and sedimentation
related project documents , such as permit management, erosion
other rel p J
s ecial studies control , water quality protection , and regulation
applications to other agencies , p " cal a lications . The city shall monitor
ental documents prepared
of chemical pp t5'
and environmental p p
Environmental Policy Act the use of best management practices to ensure
pursuant to the State
( Chapter 43 . 21 C RCW) ( SEPA documents ) . A that the activity does not result in degradation
. a e prepared to include a to the critical area. Any incidental dam g to ,
staff report shall be
' authority or alteration of, a critical area shall be restored,
recommendation to the approval tY
based on review of the submitted information, a rehabilitated, at the responsible
or replaced p
site ins ection, and the proposal ' s ability to party ' s expense .
p
comply with reasonable use exception criteria C . Allowed Activities . The following activities
in subsection D of this section . are allowed:
A request for an 1 . Permit Requests Subsequent to Previous
C . Public Hearing Required . q ea Review . Development permits
exception under this section shall be considered Critical Area p
eaten process in and approvals that involve both discretionary
through a Type III hearing p approvals (such as subdivisions ,
e with CMC Chapter 18 . 5 5 . land use app
accordance p
Criteria. The rezones , or conditional use permits ) and
D . Reasonable Use Review approvals such. as building
' ew and approval of reasonable construction pp
criteria for revs pp
• permits) if all of the following conditions have
use exceptions is .
1 . Thea application of these provisions would been met :
pp a. There have been no material changes in the
deny all reasonable use of the property ; e critical area or
reasonable use of the property has potential impact to th
2 . No other r
al management zone since the prior review ;
less impact on the critic area;,
necessary to b . There is no new information available that is
3 . ,Any alteration is the minimum �' critical area review of the site
allow any for reasonable use of the property ; and applicable to
i f the app .icant to derive or particular critical area;
4 . The Inability oe
of the result c . The permit or approval has not expired or, if
reasonable use of the property is n no more than five years has
of actions e
tions b the applicant after the effective no expiration date ,
date of these provisions or its predecessor . elapsed since the issuance of that permit or
E . Burden of Proof. The burden of proof shall approvals and . .
evidence 'n d . Compliance with any standards or conditions
be on the applicant to bring forthevidence approval has
the application and to provide placed upon the prior permit o pp
support of
ation on which an decision been achieved or secured;
sufficient inform y to Existin Structures .
s to be made on the application . 2 . Modificationg
ha
Structural modifications , additions to , or
• • replacement of an existing legally constructed
16 . 51 . 120 Allowed activities . p
• Required * structure that does not further alter or increase
A . Critical Area Report not R q ' cal area or management
Active
' ' ties which have been reviewed and the impact to the crib
• e city, or other zone ; and where there is no increased risk to
permitted or approved by the ty, result of the proposed
c with ` urisdiction , for impacts to critical life or property as a r p p
agency J provided that
areas do not re wire submittal of a modification or replacement,
or sensitive q restoration of structures substantially damaged
new critical area report or application under ' itiated
• c submittal was required by fire , flood, or act of nature must be in
this chapter, unless such q
40
within one ear of the date of such damage , as trimmers , etc . } ;
y
ced b the issuance y of a valid building b . The removal of trees that are hazardous ,
erm ' t and diligently pursued to completion ; posing a threat to public safety, or posing an
p •' • - y imminent risk of damage to private property,
3 . Activities Within the Improved Right- of- g p
Wa . Re placement, installation , or construction from critical areas and management zones ,
y
of utile facilities , lines , pipes , mains ,ns , provided that:
equipment appurtenances , not including i
or app . The applicant submits a report from a
,
substations when such facilities are located certified arborist, regi
equi p stered landscape
within the im roved p ortion of the public right- architect, or professional forester that
p
of-way ora city-' private rivate roadway, documents the hazard and provides a replanting
except those activities that alter a wetland or schedule for the replacement trees ;
such as culverts or bridges , or ii
watercourses g . Tree cutting shall be limited to lambing and
,
ort of sediment or increased crown thinning, unless otherwise justified by a
results in the transport
ater - qualified professional . Where limbing or crown
storinw _ - thinningis not sufficient to address the hazard,
4 . Public and Private Pedestrian Trails .
a. Existing public and private trails established trees should be topped to remove the hazard
with the city of Camas Parks and rather than cut at or near the base of the tree ;
consistentty
Plan may be maintained, replaced, iii . The landowner shall replace any trees that
Open Space Pl y P .
or extended, provided there is no increase in are felled or topped with new trees at a ratio of
the impact
to the critical area or management two replacement trees for each tree felled or
zone .
topped within one year in accordance with an
b . Other public and private pedestrian trails , approved restoration plan . Tree species that are
t in wetlands fish and wildlife habitat native and indigenous to the site and a
excep ,
areas or their management zones , minimum caliper of two inches . shall be used;
conservation , g
gllow0 iv . If a tree to be removed provides critical
subject to the fo
i . The trail surface shall meet all other habitat, such as an eagle perch , a qualified
requirements includingwater quality standards wildlife biologist shall be consulted to
e city of Camas Desi Standards determine timing and methods of removal that
set forth in th ty Design
will minimize impacts ; and
Manual ;
off
ea and/or mana ement zone v . Hazard trees determined to pose an imminent
ii . Critical arg
be increased where possible , equal threat or danger to public health or safety, or to
widths shallp .
to the width of the trail corridor, including public or private property, or serious
disturbed areas
• and environmental degradation, may be removed or
l proposed to be located in landslide or topped by the landowner prior to receiving
111 . Trails prp
erosion hazard
areas shall be constructed in a written approval from the city; provided, that
manner that does not increase the risk of within fourteen days following such action, the
erosion, and in accordance with an landowner shall submit a restoration plan that .
landslide or r -
approved geotechnical report; demonstrates compliance with these provisions ;
g P
' Vegetation Removal Activities . C . Measures to control a fire or halt the spread
S . Selective V g
ve eta to removal activities , of disease or damaging insects consistent with
The following g
etation shall be removed the State Forest Practices Act; Chapter 76 . 09
provided that no veg
from a critical area or its management zone RCW, and Camas Fire Department
without approval from the director , are requirements ; provided, that the removed
vegetation shall be replaced in-kind or with
allowed .
e oval of invasive / ants species similar native species within one year in
a. Therm p p
ala blackberry accordance with an approved restoration plan .
including Himalayan rry
een blackberry 6 . Chemical Applications . The application of
discolor, R. procerus) , Ever�' erry - or mineral-
laciniatus , English Ivy as well as any herbicides , pesticides , organic
(Rubus } fertilizers hazardous
noxious weed or invasive / ant species derived fertilizers , or other
other n p
ed b the city, with hand labor and substances , provided that their use shall be
acknowledged y ty�
light equipment e . push mowers , powered restricted in accordance with Department of
g
41
Fish and wildlife Management safety, and welfare concerns consistent with the
Recommendations , and the regulations of the goals , purposes , objectives , and requirements
Department of Agriculture and the U . S . of these provisions .
Environmental Protection Agency .
7 . Minor Site Investigative work . work 16 . 51 . 140 Critical area reporting
necessary for land use submittals , such as evaluation Requirements *
surveys , soil logs , percolation tests , and other A . Incorporating Best Available Science . The
related activities , where such activities do not critical area report shall use scientifically valid
require construction of new roads or significant methods and studies in the analysis of critical
amounts of excavation . In every case , impacts area data and field reconnaissance , and
to the critical area sball be minimized and reference the source of science used . The
disturbed areas shall be immediately restored; critical area report shall evaluate the proposal
and and the likelihood of all probable adverse
8 . Navigational Aids and Boundary Markers . impacts to critical areas in accordance with
Construction or modification of navigational these provisions .
aids and boundary markers . B . Minimum Report Contents . At a minimum,
the report shall contain the following .
16 . 51 . 1. 30 Review required . 1 . The name and contact information of the
Mapping . The approximate location and extent applicant, a description of the proposal , and
of critical areas are shown on the adopted identification of the permit requested ;
critical area maps . These maps are to be used as 2 . A copy of the site plan for the development
a guide for the city, project applicants , and/or proposal showing identified critical areas ,
property owners , and may be continually management zones , property lines , limits of
u dated as new critical areas are identified . any areas to be cleared, and a description of the
p
They area reference and do not provide a final proposed stormwater management plan for the
critical area designation or delineation . development and consideration of impacts to
If the proposed activity is within, adjacent to , drainage alterations ;
or is likely to impact a critical area, the city 3 . The dates , names , and qualifications of the
shall require a critical area report from the persons preparing the report, and
applicant that has been prepared by a qualified documentation of any fieldwork performed on
professional . If the report concludes that there the site ;
is a critical area present then the city of Camas 4 . Identification and characterization of critical
shall : areas , wetlands , water bodies , and management
A . Review and evaluate the critical area report; zones within the proposed project area;
B . Determine whether the development 5 . A description of reasonable efforts made to
proposal conforms to the purposes and avoid, minimize , and mitigate impacts to
performance standards of these provisions ; critical , areas ;
C . Assess potential impacts to the critical area 6 . A proposal for financial guarantees to ensure
and determine if they are necessary and compliance ; and
unavoidable ; and 7 . Any additional information required for the
D . Determine if any mitigation proposed by the critical area, as specified in the corresponding
applicant is sufficient to protect the functions chapter .
and values of the critical area and public health, C . Unless otherwise provided, a critical area
report may be supplemented by or composed,
tial and in whole or in part, of any reports or studies
More information on commercial
required by other laws and regulations
c , or
residential use of chemicals an be found In
previously prepared for and applicable to the
Department of Ecology Critical Aquifer
Recharge Areas : Guidance .DDCun2en t » development proposal site , as approved by the
, director .
Publication 405- 10- 028 .
42
16 . 51 . 150 Critical area report be in accordance with the provisions of the
Modifications to requirements . approved critical area report .
A . Limitations to Study Area . The director may
limit or extend the required geographic area of 16 . 51 . 170 Mitigation sequencing.
the critical area report as deemed appropriate , Applicants shall demonstrate that reasonable
so long as it is within the proposed site . efforts have been 4 examined with the intent to
B . Modifications to Required Contents . The mitigate impacts to critical areas . When an
applicant may consult with the director prior to alteration to a critical area is proposed ,
or during preparation of the critical area report mitigation can be accomplished through a
to obtain city written approval for variety of methods . Generally, avoiding the
modifications to the required contents of the impact altogether is the preferred option .
report where , in the judgment of a qualified Methods to reduce impacts and mitigate for
professional , more or less information is them should fallow a series of steps taken in
required to adequately address the probable sequential order :
critical area impacts and required mitigation . A . Avoiding the impact altogether by not
C . Additional Information May be Required . taking a certain action or parts of an action
The director may require additional (usually by either finding another site or
information to be included in the critical area changing the location on the site) ;
report when determined to be necessary to the B . Minimizing impacts by limiting the degree
review of the proposed activity in accordance or magnitude of the action and its
with thesep rovisions . Additional information implementation, by using appropriate
that may be required, includes , but is not technology, or by taking affirmative steps , such
limited to : as project design, developable area
1 . Historical data, including original and configuration, relocation, or tuning , to avoid or
subsequent mapping, aerial photographs , data reduce impacts ;
compilations and summaries , and available CO Minimizing or eliminating the hazard by
reports and records relating to the site or past restoring or stabilizing the hazard area through
operations at the site ; engineered or other methods ;
2 . Grading and drainage plans ; and D . Reducing or eliminating the impact or
3 . Informations specific to the type , location , hazard over time by preservation and
P p
and nature of the critical area. maintenance operations during the life of the
action;
16 . 51 . 160 Mitigation requirements . E . Compensating for the impact to critical areas
A . The applicant shall avoid all impacts that by replacing, enhancing , or providing substitute
degrade the functions and values of a critical resources or environments ;
area or areas . Unless otherwise provided in F . Monitoring the hazard or other required
these provisions , if alteration to the critical area mitigation and taking remedial action when
is necessary, all adverse is to or from necessary ; and
critical areas and management zones resulting G . Rectifying the impact to critical areas by
from a development proposal or alteration shall repairing, rehabilitating, or restoring the
be mitigated in accordance with an approved affected environment to the historical
critical area report and SEPA documents . conditions , or the conditions existing at the
B . Mitigation should be in-kind and on- site , time of the initiation of the project.
when possible, and sufficient to maintain the Following this process is referred to as
functions and values of the critical area, and to mitigation sequencing, and mitigation for
prevent risk from a hazard posed by a critical individual actions may include a combination
area. of the measures provided in this section.
C . Mitigation shall only be implemented after
city approval of a critical area report that 16 . 51 . 180 Mitigation plan
includes a mitigation plan; and mitigation shall requirements .
43
the applicant shall occur in years one , three , and five after site
When mitigation is required, h pp the monitoring data will
the city a mitigation plan as part of construction} , and how g
submit to ty g
The mitigation plan be evaluated to determine if the performance
the critical area report . Th g p met. A monitorin
• standards are being g report
p
shall include :n
s and Object ' The shall be submitted as needed to document
A . Environmental Goal J problems , and
g
mitigation plan shall include a written report milestones , successes ,
• goals and ob ' ect*
contingency actions of the compensation
identifying environmental j
of the compensation proposed and including : project . The compensation project shall be
• ' ' ' m acts to monitored for a period necessary to establish
1 . A description of the anticipated impacts have been met but
• • e mitigating actions that performance standards h
the critical areas , th g g period less than five ears .
and the purposes of the not for a p , y
proposed ,, p
' the site E . Contingency Plan . The mitigation plan shall
compensation measures , including potential courses of
' identification of include identification of p
selection criteria,
of resource action , and any corrective measures to be taken
compensation goals , identification evaluation indicates ro ect
and dates for beginning and if monitoring or p J
functions , g
completion of site compensation construction performance standards are not being met.
s and abject ' ves shall be F . Financial Guarantees . The mitigation plan
activities . The goali ' al guaranteesas
related
to the functions and values of the shall include finance gu ,
determined by the approval authority, to ensure
impacted critical area; and . • plan is full im lemented .
analysis of the likelihood of success of that the mitigation p y p
2 ' y Financial guarantees ensuring fulfillment of the
the mitigation project . g
' ' ation plan compensation project, monitoring program, and
B . Performance Standards . The mitig p
specific criteria far any contingency measures shall be posted
shall include measurable these provisions *
evaluating
whether or not the goals and consistent with p
objectives of the mitigation project have been 16 . 51 . 190 Innovative
successfully
attained and whether or not the ve mitigation .
shave been The city may encourage , facilitate , and approve
requirements of these provision e mitigation roJ' ects . Advance
met • innovativ gan p
The mitigation mitigation or mitigation banking are examples
C . Detailed Construction Plans . T g ' ro ' ects allowed under
of alternative mitigation
lan shall include written specifications and � J .
p the one or
descriptions of the mitigation proposederovisions of this section wh, p at 'ion with
including more applicants , or an or
din but not limited to , the proposed ganizncln g
and duration • demonstrated capability, may undertake a
construction sequence , timing • • project ect to ether if it is demonstrated
grading and excavation details ; erosion and mitigationp j g •
that all of the following circumstances existm
sediment control features ; a planting plan a larger system
• species ,' quantities , locations , A . Creation or enhancement of g y
specifying plant q
of critical areas and open s
ace is preferable to
size ' spacing and density ; and, measures to
the preservation of many individual habitat
protect and maintain plants until established .These written specifications shall be areas - e or anizational
' sled site diagrams , scaled B . The group demonstrates the g
accompanied by Beta �' � to act cooperatively ,
cross - sectional drawings , topographic maps and fiscal capability p
and Eisai ode C . The group demonstrates that long-term
showing slope percentagemanagement of the habitat area will be
elevations , and any other drawings appropriate
to show construction techniques or anticipated provided; • or success of the
final outcome .
D . There is a clear potential f
DMonit• oring Program . The mitigation• ti ation plan proposed mitigation at the identified mitigation
.
a include am for monitoring site ; and
shall aro
p 1
e sation project and E . Conducting mitigation as part of a
construction of the comp n p ocess does not reduce or
for asses-sing a completed pro) ect. A protocol cooperative pr
•
shall be included outlining the schedule for site eliminate the required replacement ratios .
monitoring (for example , monitoring shall
44
16 . 51 . 200 Unauthorized critical area that, if the violator can demonstrate that greater
alterations and enforcement. safety can be obtained, these standards may be
A . When a critical area or its management zone modified .
has been - altered in violation of these a. The hazard shall be reduced to a level equal
provisions , all ongoing development work shall to , or less than, the predevelopment hazard ;
stop and the critical area shall be restored . The b . Any risk of personal injury resulting from
city shall have the authority to issue a stop the alteration shall be eliminated or minimized ;
work order to cease all ongoing development and
work, and order restoration , rehabilitation , or c . The hazard area and management zones shall
replacement measures at the owner ' s or other be replanted- with native vegetation sufficient to
responsible party ' s expense to compensate for minimize the hazard .
violation of these provisions . D . Enforcement . violations and compliance
B . Restoration Plan Required . Where a issues under these provisions are subject to
violation has occurred, all development work enforcement under CMC Chapter 18 . 55 .
shall remain stopped until a restoration plan is
submitted by the property owner and/or 16 . 51 .210 Critical area markers , signs
violator (applicant) and approved by the citya and fencing .
Such a plan shall be prepared by a qualified A . Temporary Markers . The outer perimeter of
professional and shall describe how the actions the management zones and/or critical areas
proposed meet the intent of requirements may be required to be marked in the field in'
described in subsection C of this section . The such a way as to ensure that no unauthorized
director may, at the applicant ' s expense , seek intrusion will occur, and verified by the
expert advice in determining the adequacy of director prior to the commencement of
the plan and may impose additional permitted activities . This temporary marking, if
requirements to mitigate critical areas issues . required, shall be maintained throughout
C . Minimum Performance Standards for construction, and shall not be removed until
Restoration . permanent signs , if required, are in place .
1 . For alterations to critical aquifer recharge B . Permanent Signs . The city may require, as a
areas and frequently flooded areas , the condition of any permit or authorization issued
followingminimum mum performance standards pursuant to this chapter, that the applicant
shall be met for the restoration of a critical install permanent signs along the boundary of a
area, provided that if the violator can critical area or management zone to city
demonstrate that greater functional and habitat standards .
values can be obtained, these standards may be C . Fencing .
modified : 1 . The director may condition any permit or
a. The historic structural and functional values authorization issued pursuant to this chapter to
shall be restored, including water quality and require the applicant to install a permanent
habitat functions ; fence to city specifications at the edge of the
b . The historic soil types and configuration habitat conservation area or management zone;
shall be replicated; when, in the opinion of the city, fencing will
c . The critical area and management zones shall reasonably minimize or prevent future impacts
be replanted with native vegetation that to the habitat conservation area.
replicates the vegetation historically found on 2 . Fencing installed as part of a proposed
the site in species types , sizes , and densities ; activity , or as required in this subsection, shall
and be designed so as to not interfere with species
d . The historic functions and values should be migration, including fish runs , and shall be
replicated at the location of the alteration . constructed in a manner that minimizes habitat
2 . For alterations to frequently flooded and impacts .
geological hazardous areas , the following
minimum performance standards shall be met 16 .51 . 220 Notice on title ,
for the restoration of a critical area, provided
45
o an new development 2 . Be designated on the face of the plat or
A . The proponent f y p
a critical area or recorded drawing i
proposal which involves n a format approved by the
bwired to file a city . The designation shall include the
management zone maye required
notice with the Clark County recording division following restriction : .
' office . The notice if a . An assurance that native vegetation will be
of the county auditor s offs presence of the critical preserved for the purpose of preventing. harm to
required, shall state the p
area or management zone on e property,pertY, of property and the environment, including, but
visions
the application of these pro to the not limited to , controlling surface water runoff
property , and the fact that limitations on actions and erosion, maintaining slope stability,
em.ent management zoning, and protecting plants and
in or affecting the critical area or manag
zone may exist. The notice shall run with the animal habitat; and
za y
land . b . The right of the city to enforce the terms of
B . This notice on title shall not be required for the restriction .
b public agency, or C . The city may require that any required
a development proposal y a p g enc Y
• critical area tract be dedicated to the city, or
public or private utility.
recorded easement or ri held by an incorporated homeowner ' s
1 . within a recon ht- of-way ;g
utility 2 . Where the agency has been association or other legal entity .
y or tY
adjudicated the right to an easement or right- of- ,
• or 16 . 51 . 254 Bonds to ensure mitigation ,
way , ' c acili maintenance , and monitoring .
3 . On the site of a permanent public, facility .
applicant shall submit roof that the A . when mitigation required pursuant to a
C . The appl p
or public record before development proposal is not completed prior to
notice has been filed f
' development osal for the city final permit approval , such as final plat
the city approves any dev 1 pmeat p ro p
the property or , in th
e case of subdivisions , approval, the city shall require the applicant to
' '
short subdivisions , plannedp unit developments , post a performance bond or other security in a
at or before recordin form and amount deemed acceptable by the
and binding site plans , g .
city . If the development proposal is subject to
tection mitigation, the applicant shall post a mitigation
16 . 51 . 230 Native growth pro 'ina form and amount
areas Reserved * bond or other security
deemed acceptable by the city to ensure
16 . 51 .244 Cry area protective rotective mitigation is fully functional .
B . The bond shall be in the amount of one
and their associated hundred twenty-five percent of the esti
mechanism . mated
A . Identified critical areas
zones shall be protected
cost of the uncompleted actions , or the
buffer or managementp
permanent protective
estimated cost of restoring the functions and
and preserved through a p p
mechanism acceptable may .
e to the city . This values of the critical area that are at risk,
Y
include placing the critical area and its whichever is greater .
p g C . The bond may be in the form of a surety
associated buffer or management zone in a
a protective easement; bond, performance bond, assignment of savings
separate tract, executing p .
' cal area and its associated account, or an irrevocable letter of credit
or dedicating the criti
ent zone to a public agency, guaranteed by an acceptable financial
buffer or management p g
bic or private land trust . The mechanism in with terms and conditions acceptable
or pul
shallp
rovide for maintenance of the critical to the city attorney .
uffer or mana ement D . Bonds or other security authorized by this
area and its associated b g
zone .
section shall remain in effect until the city
mechanism includes lacing determines , in writing, that the standards
B . If the protective m p
the critical area and its associated buffer or bonded for have been met .
' e crate tract then the E . Depletion, failure, or collection of bond
management zone in asp of an
' ' area tract( s ) shall : funds shall not discharge the obligation
critical ar ( )
1 . Be recorded on all
documents of title of applicant or violator to complete required
affected lmitigation, maintenance , monitoring, or
record for all off lots ;,
46
restoration .
F . Public development proposals may be
relieved from having to comply with the
bonding requirements of this section if public
funds have previously been committed for
mitigation, maintenance , monitoring, or
restoration .
G . Any failure to satisfy critical area
requirements established by law or condition
including, but not limited to , the failure to
provide a monitoring report within thirty days
after itis due , or comply with other provisions
of an approved mitigation plan, shall constitute
a default, and the city may demand payment of
any financial guarantees or require other action
authorized by the city code or any other law .
H. Any funds recovered pursuant to this section
shall be used to complete the required
mitigation .
47
Chapter 1
6 . 53 alter a wetland or wetland buffer except as
consistent with this chapter .
WETLANDS 2 . The city will not approve any permit or
otherwise issue any authorization to alter the
condition of any land, water, or vegetation, or
Sections :
16 . 53 . 410 Pur plicability and to construct or alter any structure or
p
• i
ose , apmprovement in, over, or on a wetland or
exemptions .
Rating system . wetland buffer, without first ensuring
16 . 53 . 020 Ra x g y
' ' art Additional compliance with the requirements of this
16 . 53 . 03 0 Critical area repo
' wetlands . chapter , including, but not limited to , the
requirements for
16 . 53 . 0
40 Standards . following development permits :
6 . 53 . 050 wetland permits . a. Building permit ;
1
b . Grading permit ;
Purpose , applicability and
C . Forest practices conversion permit,
16 . 53 . 010 Purp , pp tY . ,
exemptions . d . Conditional use permit; • .
p e . Shoreline conditional use permit ,
A . Purpose .
constitute important natural f. Shoreline substantial development permit;
1 . wetlands p
resources whichp rovide significant g . Shoreline variance ;
environmental functions including : the control h . Short subdivision ;
of floodwatersmaintenance of summer stream i . Subdivisi
, on ;
ollutants recharge of j . Planned residential development;
flows , filtration of p g
groundwater, and provision of significant k. Master plan ;
g
habitat areas for fish and wildlife . Uncontrolled 1 . Binding site plan ; or
development in and adjacent to
M. Site plan or site plan review .
urban- density
wetlands and designated buffers can eliminate 3 . Reasonable Use Exceptions . The following
educe the ability of wetlands exceptions shall apply in implementing the
or significantly r ty
to provide these important functions , thereby standards of this chapter, although the
detrimentally
affectin
g p ublic health, safety, standards shall be applied to the maximmaximum
fare . extent practicable to avoid and minimize
and general we1
of this chapter to rovide impacts on wetland functions and values .
2 . It is the purposep p . , .
and protection measures which : Mitigation for unavoidable adverse impacts
balanced wetland
a . Further the goal of no net Toss of wetland shall be required . The standards of this chapter
functions ; shall not be used to preclude the following
e restoration and enhancement of activities in wetland areas :
b . Encourage Thplacement of a sin le-family residence
de e p
degraded and low quality wetlands ; a• g
c . Provide a greater level of protection for and normal accessory structures on an
etlands • otherwise legally buildable lot of record .
higher-quality w be applied on established
d . Maintain consistency with federal wetland Standards may pp •
. and properties to limit protective measurest the proposed location and
,
is of roe owners b size of structures , and proposed removal of
e . Respect the rights property�y Y
allowing reasonable use of property . vegetation .
• • i . The expansion of a home on a lot that does
B . Applicability .
1 . The provision p apply s of this cha ter a 1 to all not show building or development envelopes ,
activity, wetlands or wetland buffers on the recorded
lands , all land uses and development �' the
and all structures and facilities in the city, plat, not to exceed twenty-five percent of
whether or not permit or permit authorization existing building footprint;
whe p P .
d shall apply to person, ii . The replacement of single-wide mobile
is required, an pp y every
firm, partnership , corporation home with another dwelling and normal
rp , group ,
governmental agency, or other entity that owns , accessory structures ; and
ters land within the city . No iii . Fire hazard clearing recommended by the
leases , or administers �' .
person, companyy, or
applicant shall fire marshal, or consistent with written fire
, agency,,enc
48
marshal or fire chief guidelines . wetland or wetland buffer is subject to the
b . The standards of this chapter shall not be provisions . of this title .
used to deny all reasonable economic use of b . The harvesting or normal maintenance of
private property . The following criteria must be vegetation in a manner that is not injurious to
met in order to verify that all reasonable the natural reproduction of such vegetation .
economic use of the property has been denied : G . Existing agricultural activities and structures :
i . The application of this chapter would deny i . Agricultural activities and structures in
all reasonable economic use of the property ; operation at the time of adoption of the
ii . No other reasonable economic use of the ordinance codified in this chapter that are
property has less impact on the wetland and affecting wetlands not associated with a
buffer area; riparian corridor are exempt from regulation
ill . Any wetland or buffer alteration is the under this chapter ; ,
minimum necessary to allow for reasonable ii . Changes in agricultural practices within the
same "footprint" as the existing agricultural
economic use of the property ; and
ive activities in subsection (C) ( 1 ) (c) (1) of thisiv . The inability of the applicant to der
reasonable economic use of the property is not section , including reconstruction of existing
the result of actions by the applicant after the agricultural structures , or construction of new
date of adoption of the ordinance codified in agricultural structures , are exempt from
this chapter . regulation under this chapter ;
CM The application of this chapter shall not be ill . Agricultural activities and structures in
used to deny a development proposal for a operation at the time of adoption of the
linear facility from a public agency or public ordinance codified in this chapter that are
utility, provided the agency or utility meets the affecting wetlands associated with riparian
following criteria: corridors shall be regulated through CMC
i . There is no practical alternative to the Chapter 16 . 61 .
roject with less impact on the d . The removal or eradication of noxious weeds
proposed P
wetland and buffer area; and so designated in Title 7 of this code or other
ii . The application of this chapter would exotic nuisance plants including non-native
unreasonably restrict the ability to provide blackberries ; provided, that ground disturbing
public utility services to the publicw heavy machinery ( scraping , ripping, etc . , ) is not
4 . Approval of a development permit used . Cutting, mowing, and ground disturbance
application pursuant to the provisions of this with hand tools is allowed .
chapter does not discharge the obligation of the e . Site investigative work necessary for land
applicant to comply with the provisions of this use application submittals such as surveys , soil
chapter . logs , and percolation tests .
C . Exemptions . f. Emergency clearing to abate immediate
1 . Exempt Activities and Impacts to wetlands . danger to persons or property . For emergency
All exempted activities shall use reasonable clearing of hazard trees , remove only that
methods to avoid potential impacts to wetlands portion of the hazard tree as necessary to
and buffers . Exemptions from permits are not remediate the hazard .
exemptions from wetland stewardship g . Clearing necessary for the emergency repair
responsibilities . The following developments , of utility or public facilities . Notification of
activities , and associated uses shall be exempt emergency work that causes substantial
from the provisions of this chapter; provided, degradation to functions and values must be
that they are otherwise consistent with the reported in a timely manner .
provisions of other local , state , and federal laws h . Clearing for operation, maintenance , or
and re uirements : repair of existing utilities or public facilities
q
a. Reconstruction of damaged or destroyed that does not further increase the impact to , or
structures within the same building footprint . encroach further within, the wetland or wetland
Expansion or reconstruction within a new or buffers
expanded footprint that affects a nonexempt i
P . Clearing, as minimally necessary, for
49
placement of fencing, private wells , septic critical areas shall apply .
systems , or individual lot sewer, water, 3 . Compliance with this chapter does not
electrical , or utility connections in wetland constitute compliance with other federal , state
where practical alternatives do not and local regulations and permit requirements
buffers ,
exist . (for example, shoreline substantial .
J` . Clearing, as minimally necessary , for stream development permits , hydraulic project
bank restoration , for native replanting, or approval (ETA) permits , Section 106 of the
enhancements in wetlands and wetland buffers . National Historic Preservation Act, U . S . Army
k. Clearing, as minimally necessary, for soil , Corps of Engineers Section 404 permits ,
water, veg etation , and resource conservation National Pollutant Discharge Elimination
projectsg• having received an environmental System (NPDES ) permits , or DOE Section 401
p a
permit from public agency in wetlands and Water Quality Certification) . The applicant is
wetland buffers . responsible for complying with all
. Clearing, as minimally necessary, for requirements , apart from the provisions of this
1 g, Y �'Y
creating a four-foot or narrower path using chapter .
natural, wood-based , or vegetated pervious
surfacing in wetlands and wetland buffers . 16 . 53 . 020 Rating system .
m . Land disturbance in wetlands and wetland A . Designating Wetlands . Wetlands are those
buffers cumulatively less than five cubic yards areas , designated in accordance with the
in volume and three hundred square feet in Washington State Wetland Identification and
area; p rovided, that the wetland hydropenod is Delineation Manual , or Corps of Engineers
not si ificantly affected . Delineation Manual , Environmental
2 . Exempted Wetlands . This chapter shall not Laboratories , 1987 , or most current editions ,
apply 1 to the following wetlands : that are inundated or saturated by surface or
a. Small . Isolated Category Ill wetlands less ground water at a frequency and duration
than two thousand five hundred (2 , 500 ) square sufficient to support, and that under normal
feet in area, and isolated Category Iv wetlands circumstances do support, a prevalence of
less than four thousand three hundred fifty vegetation adapted for life in saturated soil
(4 , 350 ) quare s feet in area; conditions . All areas within the city of Camas b . Artificial . Wetlands created from meeting the wetland designation criteria in the
ited to , State Identification and Delineation Manual ,
nanwetland sites including, but not lim
irri gation and drainage ditches , grass - lined regardless of any formal identification, are
swales canals , detention facilities , wastewater hereby designated critical areas and are subject
treatment facilities ,, stormwater facilitiesfarm to the provisions of this title .
ponds , and landscape amenities ; provided, that Be Wetland Rating System . Wetlands shall be
p p • • according to the Washington State
wetlands created as mitigation shall not be rated g gt
exempted ; Department of Ecology (Ecology) wetland
G . Ri arian . Wetlands fully wig five feet, rating system found in Washington State
p
measured horizontally , of bank- full width for Wetlands Rating System for Western
streams and the ordinary high water mark for Washington, (Ecology publication 904- 06 - 025 ,
lakes which are regulated under the State August 2004) . The rating system document
Shorelines Management Act (Chapter 90 . 5 8 contains the definitions and methods for
RC or under CMC Chapter 16 . 6 1 , are determiningf the criteria below are met :
exempt. 1 . Wetland Rating Categories .
D . Interpretation . a. Category I. Category I wetlands are those
1 . This chapter shall apply in addition to zoning that meet one or more of the following criteria:
and other regulations adopted by the city . i . Wetlands that are identified by scientists of
2 . When there is a conflict between any the Washington Natural Heritage
provisions of this chapter or any other Program/DNR as high quality wetlands ;
regulations adopted by the city of Camas , that ii . Bogs larger than one-half acre ;
rovidin the most protection to affected iii . Mature and old growth forested wetlands
p g
50
larger than one acre ; rating categories shall not change due to illegal
V
v . Wetlands that perform many functions well , modifications .
as indicated by scoring seventy points ( out of
one hundred) in the rating system . 16 .53 . 030 Critical area report
Category I wetlands represent a unique or rare Additional requirements for wetlands .
wetland type , are more sensitive to disturbance A . Prepared by a Qualified Professional . A
than most wetlands , are relatively undisturbed critical areas report for wetlands shall be
and contain some ecological attributes that are prepared by a qualified professional who is a
impossible to replace within a human lifetime , wetland biologist with experience preparing
or provide a very high level of functions . wetland reports .
b . Category II . Category II wetlands are those B . Area Addressed in Critical Area Report. In
that meet one or more of the following criteria: addition to the requirements of CMC Chapter
i . Wetlands identified by the Washington 16 . 51 , the following areas shall be addressed in
Natural Heritage Program as containing a critical area report for wetlands :
sensitive plant species ; 1 . Within a subject parcel or parcels , the pro) ect
ii . Bogs between one- fourth and one-half acre area of the proposed activity ;
in size ; 2 . All wetlands and recommended buffer zones
iii . Wetlands with a moderately high level of within three hundred feet of the project area
functions , as indicated by scoring fifty-one to within the subject parcel or parcels ;
sixty-nine in the Ecology rating system . 3 . All shoreline areas , water features ,
Category II wetlands are difficult, though not floodplains , and other critical areas , and related
impossible , to replace , and provide high levels buffers within three hundred feet of the prof ect
of some functions . These wetlands occur more area within the subject parcel or parcels ;
con n. only than Category I wetlands , but they 4 . The prof ect design and the applicability of
still need a relatively high level of protection . the buffers based on the proposed layout and
C . Category III . Category III wetlands are those the level of land use intensity; and
g
with a moderate level of functions , as indicated 5 . Written documentation from the qualified
in the Ecology rating professional demonstrating compliance with
by scoring thirty to fifty
system . Generally, wetlands in this category the requirements of this chapter .
have been disturbed in some way and are often C . Wetland Determination . In conjunction with
less diverse or more isolated from other natural the submittal of a development permit
resources in the landscape than Category II application, the responsible official shall
wetlands . determine the probable existence of a wetland
d . Category IV . Category IV wetlands have the on the subject parcel . If wetland or wetland
lowest levels of functions and are often heavily buffers are found to be likely to exist on the
disturbed . They are characterized by a score of parcel, wetland delineation is required .
less than thirty on the rating system . These are D . Wetland Delineation .
wetlands that should be replaceable , and in 1 . Methodology . The location of a wetland and
some cases may be improved . However, its boundary shall be determined through the
experience has shown that replacement cannot performance of a field investigation utilizing
be guaranteed in any specific case . These the methodology contained in the Wetlands
Delineation Manual . If a wetland is located off-
wetlands may provide some important
functions , and should be protected to some site and is inaccessible , the best available
degree . information shall be used to determine the
2 . Date of Wetland Rating . Wetland rating wetland boundary and category .
categories shall be applied as the wetland exists 2 . Information Requirements . Wetland
on the date of adoption of the rating system by boundaries shall be staked and flagged in the
the local government, as the wetland naturally field and a delineation report shall be submitted
changes thereafter, or as the wetland changes in to the department. The report shall include the
accordance with permitted activities . Wetland following information :
a. USGS quadrangle map with site clearly
51
defined ; G . Relationship within watershed, and to
b . Topographic map of area; existing water bodies ;
G . National wetland inventory snap showing d . Soil and substrate conditions , topographic
site ; elevations ;
I Soil conservation service soils map showing e . Existing and proposed adjacent site
site ; conditions ;
e . S ite map , at a scale no smaller than one inch f. Required wetland buffers ; and
equals one hundred feet (a scaling ratio of one g. Property ownership .
is to one thousand two hundred) , if practical , 3 . A discussion of ongoing management
showing the following information : practices that will protect wetlands after the
i . Wetland boundaries , . project site has been developed ; including "
ii . Sample sites and sample transects , proposed monitoring and maintenance
iii . Boundaries of forested areas , programs .
iv . Boundaries of wetland classes if multiple When deemed appropriate , the director may
classes exist; also require the critical area report to include an
f. Discussion of methods and results with evaluation by the Department of Ecology or an
s ecial emphasis on technique used from the independent qualified expert regarding the
p
Wetlands Delineation Manual ; applicant ' s analysis , and the effectiveness of
g . Acreage of each wetland on the site based on any proposed mitigating measures or programs ,
the survey if the acreage will impact the buffer and to include any recommendations as
size determination or the prof ect design ; appropriate .
h . All completed field data sheets per the
Wetlands Delineation Manual , numbered to 16 . 53 . 040 Standards .
correspond to each sample site . A . Activities and uses shall be prohibited from
E . Wetland Analysis . In addition to the wetlands and wetland buffers , except as
minimum required contents of subsection D of provided for in this chapter .
this section, and in addition to CMC 16 . 51 . 170 , B . Wetland Buffers .
a critical area report for wetlands shall contain Buffers . Wetland buffer widths shall be
an analysis of the wetlands including the determined by the responsible official in
following -site and proposal-related accordance with the standards below :
information at a minimum : 1 . All buffers shall be measured horizontally
1 . A discussion of measures , including outward from the delineated wetland boundary
avoidance , minimization, and mitigation, or; in the case of a stream with no adjacent
proposed to preserve existing wetlands and wetlands , the ordinary high water mark as
restore any wetlands that were degraded prior surveyed in the field .
to the current proposed land use activity . 2 . Buffer widths are established by comparing
2 . Proposed mitigation, if needed, including a the wetland rating category and the intensity of
written assessment and accompanying maps of land uses proposed on development sites per
the mitigation area, including the following Table 16 . 53 . 040 - 1 16e534040 -2 160530040 - 3
information at a minimum : and 16 . 5 3 . 040-4 . For Category N wetlands , the
a. Existing and proposed wetland acreage ; required water quality buffers , per Table
b . Vegetative , faunal, and hydrologic 16 . 53 . 040 - 1 , are adequate to protect habitat
conditions
functions .
;
52
t
Table 16 .53 . 0404 . Buffers Required to
Protect Water Quality Functions _
• _ ntensi Moderate Intensity High Intensity
wetland Rating Low I ty
Use Use Use f
75 ft . 100 ft .
Category I75 ft * 100 ftb
50 ft . __... - .. -- ...- - -
Category II 50 ft .
---� 60 ft . 80 ft.
Category III 40 ft .
Category IV 25 ft .
40 ft . 50 ft .
Table 16 . 53 . 040 -2 . Buffers Required to Protect Habitat
Functions in Categor I and R Wetlands
' tat Score in the I...►ow Intensity Moderate Intensity High Intensity
Habitat
Rating Form
Use Use Use
See Table 16 . 60 . 040 - 1 ` See Table
19 points or less See Table
16 . 60 . 040 - 1 16 . 60 . 040 - 1
� � 100 ft .
2a 60 ft . 75 ft .
7 85 100
21 0
22
g0 95 120
105 140
23 90 _
w � 160 �
24 100 115
180 - -
25 6110 _ 125
135 � 200
26 120
_ 145 s 220
27 130
140 165 240
28
_ 150 185 260
29 ;� f
30 150
j 205
280
• 300
31 points or greater 150 225
Table 16 . 53 . 040 -3 . Buffers Re aired to Protect Habitat Functions in Cate o III wetlands
E High Intensity
Habitat Score in the Low Intensity Moderate Intensity g
RatingForm Use Use Use
20 points or less See Table See Table 16 . 60 . 040 - 1 See Table
16 . 60 . 040 - 1 16 . 60 . 040 - 1
21 45 ft . 65 ftp s
90 ft .
IE:
70 100
22E::
50
E: r 23 55 80
110
�— 120 �
E:1 24 60 90
25 (}t 65 ft. 100 ft . 13 ft.
j _ i ___. _.••
.. ...[S = 140 j
26 .70 105 z
1E
27 points or greater
75 ft. 110 ft. 150 ft. f
E €
53
Table 16 . 53 . 0404 . Laud Use Intensity Matrixi
and ', Stormwater Utilities Commercial l Residential
Parrs F
Recreatio and I Facilities / Industrial
Fu 4 Roads
Y outfalls Under i NA Density at
Low Natural NA groun
fields and spreaders , d and or lower
g
rass areas , constructed overhead than 1 unit
F .
SS} viewing wetlands , utility lines , per 5 acres
F )
areas , split 7i bioswales , manholes , ,
• �
rail fencing vegetated power poles
� detention
(without
basins , footings )
overflows
ervious Residentia wet ponds Maintenance NA Density
Moderat Imp
e trails , 1 access roads between 1
unit Per acre �
engineered i driveways
fields , and access
and higher
' roads than 1 unit
fairways $ t
3 per 5 acres
High Greens Public and Maintenance Paved or All site Density
tees , private access roads , concrete development higher than
structures , ; streets , retaining surfaces , 1 unit per
parking, security walls , vaults , structuresacre
,
lighting, fencing, infiltration - facilities ,
concrete or retaining bas ins , pump
gravel walls sedimentatio stations ,
pads , n fore bays towers ,
security and vaults ,
fencing structures , security
,
ri
secufencing, etc .
F � � g
fenc .ing
1 The responsible official shall determine the intensity categories applicable to proposals should characteristics not
be specifically listed in Table 16 . 53 . 0604 .
2 Measured as density averaged over a site, not individual lot sizes .
3 . In residential plats and subdivisions , subsection C of this section are met.
wetlands and wetland buffers shall be placed 4 . Adjusted Buffer Width .
within a nonbuildable tract with the following a. Adjustments Authorized by Wetland
exce tions :Permits . Adjustments to the required buffer
p
a. Creation of a nonbuildable tract would result width are authorized by Section 16 . 53 . 050 (D )
in violation of minimum lot depth standards ; or of this section upon issuance of a wetland
b . The responsible official determines a tract is permit .
unpractical ; b . Functionally Isolated Buffer Areas . Areas
C . where the responsible official determines the which are functionally separated from a
exceptions in subsection (B )(3 ) ( a) or (B )(3 ) (b) wetland and do not protect the wetland from
of this section are applicable, residential lots adverse impacts shall be treated as follows :
may extend into wetlands and wetland buffers ; i . Preexisting roads , structures , or vertical
p
rovided, that all the requirements of separation shall be excluded from buffers
54
otherwise required by chapter ;hter • 4 . In the case of plats , short plats , and recorded
a p ,
ii . Distinctp ortions of wetlands with reduced site plans , include on the face of such
habitat functions that are components of instrument the boundary of the wetland and its
wetlands with an overall habitat rating score buffer, and a reference to the separately
eater than twee
gr twenty points shall not be subject recorded conservation covenant provided for in
to the habitat function buffers designated in subsection (C) (3 ) of this section .
Table 16 . 53 . 040 - 2 and Table 16 . 53 . 040 - 3 if all D . Standard Requirements ` Waivers . The
of the following criteria are met: responsible official shall waive the
(A) The area of reduced habitat function is at requirements of Section 16 . 53 . 030 (D) and
least one acre in size, subsection B of this section in certain cases
(B ) e area Thsupports less than five native plant described below if the applicant designates
species and does not contain special habitat development envelopes which are clearly
features outside of any wetland or buffer . The
(C) The area of reduced habitat function has responsible official may require partial wetland
of habitats as defined in delineation to the extent necessary to ensure
law or no interspersion
Section K1 . 4 of the rating form , eligibility for this waiver :
(D ) The area does not meet any V►1DFW 1 . Residential building permits and home
priority habitat or species criteria, and businesses ;
(E) e Threquired habitat function buffer is 2 . Site plan reviews where the responsible
provided for all portions of the wetland that do official determines that all development is
p
not have reduced habitat function . clearly separated from the wetlands and
C . Standard Requirements Any action granting wetland buffers :
q .
or approving a development permit application a . Development envelopes shall be required far
pp g p
shall be conditioned on all the following : a fully complete preliminary application,
1 . Marking Buffer During Construction . The b . Development envelopes shall be shown on
location of the outer extent of the wetland the final site plan, and
buffer shall be marked in the field and such c . A note referencing the development
market* g s shall be maintained throughout the envelopes shall be placed on the final site plan .
duration of the permit.
2 . Permanent Marking of Buffer Area. A 16 . 53 . 050 wetland permits .
permanent physical demarcation along the A . General .
upland boundary of the wetland buffer area 1 . A wetland permit is required for any
shall be installed and thereafter maintained . development activity that is not exempt
Such demarcation may consist of logs , a tree or pursuant to Section 16 . 53 . 010 (C ) within
hedge row , fencing , or other prominent nent wetlands and wetland buffers .
physical marking h sical roved by the responsible 2 . Standards for wetland permits are provided
g app
official . In addition, small signs shall be posted in subsections B , C and D of this sectione
at an interval of onep er lot or every one 3 . All wetland permits require approval of a
hundred feet whichever is less , and perpetually preliminary and final enhancement/mitigation
maintained at locations along the outer plan in accordance with the provisions of
p
erimeter of the wetland buffer as approved by subsection E of this section unless the
the res onsible official, and worded preliminary enhancement/mitigation plan
P
substantiallyas follows : requirement is waived under the provisions of
Wetland and Buffer Please retain in a natural subsection (E)(2 ) of this section .
state . 4 . Wetland permit application, processing,
3 . A conservation covenant shall be recorded in preliminary approval, and final approval
a form approved b the city as adequate to procedures are set out in. subsections F through
pp Y
incorporate the other restrictions of this section I of this section.
and tog ive notice of the requirement to obtain 5 . Provisions for programmatic permits are
a wetland p ermit prior to engaging in regulated provided by subsection K of this section .
activities within a wetland or its buffer . 6 . Provisions for emergency wetland permits
55
are provided by subsection L of this section . up to twenty- five percent if the buffer is
B . Standards General . wetland permit restored or enhanced from a pre- project
applications shall be based upon a mitigation condition that is disturbed ( e . g . , dominated by
plan- and shall satisfy the following general invasive species ) , so that functions of the post-
requirements : project wetland and buffer are equal or greater .
1 . The proposed activity shall not cause To the extent possible , restoration should
significant degradation of wetland functions ; provide a vegetated corridor of a minimum one
2 . The proposed activity shall comply with all hundred feet wide between the wetland and any
state , local , and federal laws , including those other priority habitat areas as defined by the
related to sediment control, pollution control, Washington State Department of Fish and
floodplain restrictions , stormwater Wildlife . The habitat corridor must be
management, and on- site wastewater disposal . protected for the entire distance between the
C . Buffer Standards and Authorized Activitieswetland and the priority habitat area by some
The following additional standards apply for type of permanent legal protection such as a
regulated activities in a wetland buffer : covenant or easement . The restoration plan
1 . Buffer Reduction Incentives . Standard buffer must meet requirements in subsection D of this
widths may be reduced under the following section for a mitigation plan, and this section
ided that functions of the past- for a critical area report .
conditions , prov
project wetland are equal to or greater after use c . Combined Reductions . Buffer width
of these incentives . reductions allowed under subsections ( C) ( 1 ) (a)
a . Lower Impact Land Uses . The buffer widths and ( C) ( 1 ) (b) of this section may be added
recommended for proposed land uses with provided that minimum buffer widths shall
high-intensity impacts to wetlands can be never be less than fifty feet for all Category I,
reduced to those recommended for moderate- Category II and Category III wetlands , and
impacts if both of the following twenty- five feet for all Category Iv wetlands .
intensity
criteria are met : 2 . Buffer Averaging . Averaging buffers is
i . A relativelyundisturbed, vegetated corridor allowed in conjunction with any of the other
g
at least one hundred feet wide is protected provisions for reductions in buffer width ( listed
between the wetland and any other priority in subsection (C) ( 1 ) of this section) provided
habitats that are present as defined by the that minimum buffer widths listed in subsection
Washington State Department of Fish and (C) ( 1 ) (c) of this section are adhered to . The
Wildlife' ; and community development department shall have
ii . Measures to minimize the impacts of the the authority to average buffer widths on a
land use adjacent to the wetlands are applied, case-by- case basis , where a qualified wetlands
such as infiltration of stormwater, retention of professional demonstrates , as part of a critical
as much native vegetation and soils as possible, area report, that all of the following criteria are
direction of noise and light away from the met :
wetlandand other measures that may be a. The total area contained in the buffer after
,
suggested by a qualified wetlands professional . averaging is no less than that contained within
b . Restoration . Buffer widths may be reduced the buffer prior to averaging;
b . Decreases in width are generally located
' of resent in the where wetland functions may be less sensitive
If priority habitats aren p
' proposed land use criterion ( 11) is to adjacent land uses , and increases are
vicinity of the p p e generally located where wetland functions may
sufficient for buffer width reductions . The
these measures and their review be more sensitive to adjacent land uses , to
development of h
' a include referral to achieve no net loss or a net gain in functions ;
by the city, which may
ed professionals , shall be at
C . The averaged buffer, at its narrowest point,
independent qualif p .
expense . If proposed future land shall not result in a width less than seventy- five
the applicants expe . pro p
the eligible to percent of the required width., provided that
uses are more intense,, y are not eg
' minimum buffer widths shall never be less than
maintain this reduction.
fifty feet for all Category I, Category II, and
56
Category III wetlands , and twenty- five feet for protection of the adjacent wetland and its
g
all Category IVwetlands ; and functions , are replaced ; and
d . Effect of Mitigation . If wetland mitigation b . Impacts to the buffer and wetland are
g .
occurs such that the rating of the wetland minimized .
changes , the requirements for the category of 5 . Other Activities in a Buffer . Regulated
g • • activities not involving ter
the wetland after mitigation shall apply . g
3 . Stormwater Facilities . Stormwater facilities management, road and utility crossings , or a
are only allowed in buffers of wetlands with buffer reduction via enhancement are allowed
low habitat function (less than twenty points on in the buffer if all the following conditions are
the habitat section of the rating system form) ; met :
providedthe facilities shall be built on the a . The activity is temporary and will cease or
outer edge of the buffer and not degrade the be completed with *ua three months of the date
r
existing buffer function, and are designed to the activity begins ;
blend with the natural landscape . Unless b . The activity will not result in a permanent
determined otherwise by the responsible structure in or under the buffer;
official g
the following activities shall be c . The activity will not result nz a reduction of
considered to degrade a wetland buffer when buffer acreage or function ;
the are associated with the construction of a d . The activity ty will not result in a reduction of
stormwater facility : wetland acreage or function .
a. Removal of trees greater than four inches D . Standards wetland Activities . The
diameter at four and ane-half feet above the following additional standards apply to the
ground or greater than twenty feet in height; approval of all activitiespermitted within
b . Disturbance of plant species that are listed as wetlands under this section :
rare threatened, or endangered by the city, 1 . Sequencing . Applicants shall demonstrate
coon or an state or federal management that a range of prof ect alternatives have been
'. Y ubstantive consideration with the intent
agency , givens
c . The construction of concrete structures , other to avoid or minimize impacts to wetlands .
than manholes inlets , and outlets , that are Documentation must demonstrate that the
exposed above the normal water surface following hierarchy of avoidance and
elevation of the facility ; minimization has been pursued .
d . The construction of maintenance and access a . Avoid impacts to wetlands unless the
roads responsible official finds that :
e . Slope dm* g steeper er than four to one i . For Category I and II wetlands , avoiding all
�'a
horizontal to vertical above the normal water impact is not in the public interest or will deny
surface elevation of the stormwater facility ; all reasonable economic use of the site ;
The construction of retreatment facilities ii . For Category Ill and N wetlands , avoiding
f. Th p
such as fore bays , sediment traps , and pollution all impact will result in a project that is either :
control manholes ; (A) Inconsistent with the city of Camas
g . The construction of trench drain collection comprehensive plan,
and conve ance facilities ; (B ) Inconsistent with critical area conservation
Y
h . The placement of fencing ; and goals , or
i . The placement of rock and/or riprap , except ( C ) Not feasible to construct.
for the construction of flow spreaders , or the b . Minimize impacts to wetlands if complete
pro of pipe outfalls and overflow avoidance is infeasible . The responsible official
p pp
s illwa s • provided, that buffer functions for must find that the applicant has limited the
p y p degree or magnitude of impact to wetlands by
areas covered in rock andlor riprap are '
replaced . using appropriate technology and by taking
4 . Road and Utility Crossings . Crossing buffers affirmative steps to reduce impact through
with new roads and utilities is allowed efforts such as :
following conditions are met : i . Seeking easements or agreements with
provided all theg
a. Buffer functions , as they pertain to adjacent land owners or project proponents
57
5
physical , chemical , or biological characteristics
where appropriate ,
ii . Seeking reasonable relief that may be of a site with the goal of returning natural or
. ded through application of other city historic functions to a former wetland . Re-
prove g pp establishment results in a gain in wetland acres
zoning and design standards ;
and ( and functions ) . Activities could include
111 . Site design ;
Construction techniques and timigging ditches
ng . removing fill material , plu , or
IV . Con q
C . Com ensate for wetland impacts that will breaking drain tiles .
p
efforts to
occur,, after minimize have been ii . Rehabilitation . The manipulation of the
responsible official must find physical, chemical , or biological characteristics
of a site with the goal of returning natural or
that :
i . The affected wetlands are restored to the historic functions to a degraded wetland . Re-
conditions
existin g at the time of the initiation establishment results in a gain in wetland
of the p
aJ' ect- function, but does not result in a gain in
r • d acres . Activities could involve
ii . Unavoidable impacts are mitigated in
wetland
with this subsection ; and breaching a dike to reconnect wetlands to a
accordance
" ' he re wired miti anon is monitored and
floodplain: or return tidal influence to a
iii . T q g
remedial action is taken when necessary to wetland .
success of mite anon activities . b . Creation (Establishment) . The manipulation
ensure thes g
' on of Wetland Miti anon . Wetland of the physical , chemical , or biological
2 . Locate g
' - or unavoidable impacts shall be characteristics of a site with the goal of
mitigation f p
using the following prioritization : developing a wetland on an upland or
located g g p
" Locate mitigation according to the deepwater site where a wetland did not
a. On- Site . g
•
fallowing priority . previously exist. Establishment results in a gain
i . Within oraJ
adjacent to the same wetland as the in wetland acres . Activities typically involve
• excavation of upland soils to elevations that
impact,
we
or adjacent to a different wetland on will produce a wetland hydraperiod, create
ii . Within
site ; hydric soils , and support the growth of
the same si ,
b . Off- Site . Locate mitigation within the same hydrophytic plant species .
watershed or use an established wetland G . Enhancement . The manipulation of the -
` on bank ; the service area determined by physical, chemical , or biological characteristics
mitigate ,
" ation bank review team and i
the mingdentified of a wetland site to heighten, intensify, or
executed mitigation bank instrument; improve the specific functions) , or to change
in the g
' d . Locate or create wetlands with the growth stage or composition of the
C . In-Kin
position and the same hydro- vegetation present. Enhancement i
similar landscape s undertaken
classification based on a for specified purposes such as water quality
geomorphic (HGM)
aturall occurrin
reference to a n y g wetland improvement, floodwater retention, or wildlife
. system ; and
habitat. Enhancement results in a change in
d . aut-ofK g- end . Mitigate in a different some wetland functions and can lead to a
.
landscape position and/or HGM classification decline m other wetland functions , but does not
based on a reference to a naturallyoccurring result m a gain in wetland acres . Activities
wetland system typically consist of planting vegetation,
g
Wetland Miti ation . The various controlling non•-native or invasive species ,
3 . Types of
mite gation allowed are listed modifying site elevations , or the proportion of
types of wetland
the general order of reference . open water to influence hydroperiods , or some
below in g p
aw Rp
estoration . The mane ulation of the combination of these activities .
chemical or biological characteristics d. ProtectionMainten.ance (Preservation) .
physical, g ,
the goal of ruin natural or Removing a threat to , or preventing the decline
of a site with h g g
historic
unctions to a former or degraded of, wetland conditions by an action m or near a
purpose of tracking net ins wetland. This includes the purchase of land or
wetland . For the pure g gains
d acres restoration is divided into : easements , repairing water control structures or
in wetland w structural protection such as
e . Re_Establishment. The manipulation of the fences , or stru
58
. . a barrier island . This Perm also 4 . Wetland Mitigation Ratios *
repairing
l associated with includes activities commonly a. Standard Wetland Mitigation Ratios . The
- n . following mitigation ratios for each of the
the term preservatio
' does not result in a gain of mitigation types described in subsections
Preservation d g
a result in improved (D) (3 ) (a) through (D ) ( 3 ) (c) of this section
wetland acres , but may p
wetland functions . apply '
Table 16 .53 . 0504 . Standard Wetland lYlitiation Ratios n Area
Wetland : Reestablishme
Rehabilitatio Reestablishme Reestablishme Enhancem en
nt or Creation nt or Creation t
to Be nt or Creation n
and and
Replace
Rehabilitation I Enhancement
d , -- _ _»
C and 1 : 1 1 : 1 RIC and 2 : 1 6 : 1
Category :
1 . 5 : 1 3 . 1 1 . 1 FJ
f RH EIV
Category :_
2 . 1 4 : 1 1 : 1 RIC and 2 : 1 1 : 1 RIC and 4 . 1 8 . 1
III
RH E
d 4 : 1 1 : 1 RIC and 8 . 1 12 : 1
3 . 1 6 : 1 1 : 1 RIC an .
Category s
RIH E i
f 1 : 1 RIC and 1 : 1 RIC and I 24 : 1
Cate o 6 : 1 12 : 1
g 10 : 1RH 20 : 1E
I' a �
Forested
f . 1 RIC and 6 : 13 1 : 1 RIC and 16 : 1
Category .
4 : 1 8 : 1 1 ' f
I, Based 3
12 : 1 E
S
on Score
3
for
i
Function
sr --- -_
_ NIA NIA Case-by- Case :
Cate ory Not Considered 6 . 1
g
I Possible �
Rehabilitate a
1
Natural Natural
Heritage 1 Heritage Site r
Site
i
• ' a has the perpetuity by a covenant or easement that gives
b . Preservation . The responsible office 1 p
approve reservation of existing the city clear regulatory and enforcement
authority to appy p
' ti ation under the authority to protect existing wetland and
wetlands as wetland nli g
• • - wetland buffer functions with standards that
following conditions .
• reserved is a exceed the protection standards of this chapter;
1 . The wetland area being p
or is within a WDFW iv . The preservation area is not an existing or
Category I or R wetland, .
• • species are
proposed wetland mitigation site : and
priority habitat or owin reservation /mitigation ratios
1 p
- i . The reservation area is at least one acre in v . The foil g p
size ; apply `
The preservation area is protected in
59
Table 16 . 53 . 050 -2 . Wetland Preservation Ratios for
Cate Dry I and H Wetlands (In Area)
• r _ . . As the Only Means of t
Habitat Function of In Addition to . Standard € _ _ y
Wetland to Be Mitigation � Mitigation
- -
Replaced Full and Reduced Full and Reduced and or
Functioning and/or Functioning Degraded
Buffer Degraded Buffer Buffer
j
Buffer
� ^
<20 Dints 10 : 1 14 . 1 20 . 1 3 0 : 1
11 Low ( points ) � �._. �
Moderate (20 30 13 : 1 17 : 1 30 : 1 40 : 1
points ) _ . . ---- --�
16 : 1 20 : 1 40 : 1 50 : 1
= High (> 30 poinis) I-- E
GW The resp onsible official has the authority to lies at least fifty feet outside of the footprint of
reduce wetland mitigation ratios . under any of the impacts .
the following circumstances : 5 . Alternate Wetland Mitigation .
i . Documentation by a qualified wetland a. Wetland Mitigation Banking .
specialist demonstrates that the proposed i . Construction, enhancement, or restoration of
p
mitigation actions have a very high likelihood wetlands to use as mitigation
on for future wetland
of success based on rior experience ; development impacts is permitted subject to the
p
ii . Documentation by a qualified- wetland following :
specialist demonstrates that the proposed (A) A wetland permit shall be obtained prior to
actions for compensation will provide functions any mitigation banking . If a wetland permit is
and values that are significantly greater than not obtained prior to mitigation bank
the wetland being affected; construction, mitigation credit shall not be
ill . Thero osed actions for compensation are awarded . On projects proposing off. site
p p
conducted in advance of the impact and are wetland banking in addition to required
shown to be successful; wetland mitigation, a separate wetland permit
iv . In wetlands where several HGM shall bVe required for each activity . The
classifications are found within one delineated performance and maintenance bond
wetland boundary , the areas of the wetlands requirements rements of subsections (H) (3 )(c) and
within each HGM classification can be scored (11all" (3 ) ( d) of this section shall not be applicable ,
and rated separately and the mitigation ratios provided there are no requests for mitigation
ad ' usted accordingly, if all the following apply : credit prior to the city determining the
J
(A) The wetland does not meet any of the mitigation banking is successful . If mitigation
criteria for wetlands with " Special banking is not fully functioning, as defined in
Characteristics " as defined in the rating the wetland permit, at the time mitigation credit
stem is requested, subsections (H)(3 ) (c) and
,
The ratin and score for the entire wetland (I� (3 ) (d) of this section shall apply,(B ) g
is rovided as well as the scores and ratings for (B ) Federal and state wetland regulations , if
p
each area with a different HGM classification, applicable , may supersede city requirements ;
Im acts to the wetland are all within an ii . The mitigation credit allowed will be
(C) p ,
area that has a different HGM classification determined by the city, based on the wetland
itial category, condition, and mitigation ratios as
from the one used to establish the in
cateo and specified in subsection (D ) (4 ) of this section.
g �� Prior to anon mitigation banking credit, all
(D) The proponents provide adequate granting g g
hydrologic and geomorphic data to establish wetland mitigation banking areas must comply
that the boundary between HGM classifications with Sections 16 . 53 . 040 (E)(4 )(b ) and (c) , and,
if applicable , subsection (1l) (3 ) of this section;
60
ill . on projectsproposing• off- site wetland the wetland .
banking in addition to required wetland 7 . Utility Crossings . Crossing wetlands by
mitigation ,, a separate permit fee will be utilities is allowed, provided the activity is not
for each activity ; prohibited by subsection (D) ( 1 ) of this section,
required
iv . Purchase of banked wetland credits is and provided all the following conditions are
permitted to mitigate for wetland impacts in the met :
same watershed , p applicant provided the a licant has a. The activity does not result in a decrease in
minimized wetland impacts , where reasonably wetland acreage or classification ,
ossible and the following requirements are b . The activity results in no more than a short-
P g q
met : term six month decrease in wetland functions ;
(A) Documentation, in a form approved by the and
city, adequate to vera the transfer of wetland c . Impacts to the wetland are minimized .
q verify . .
credit shall be submitted, and 8 . other Activities in a wetland . Activities not
A lat note aloe with information on the involving stormwater management, utility
(B ). p g mitigateon are allowed in
title, shall be recorded in a form approved by crossings , or wetland
the city as adequate to give notice of the a wetland, provided the activity is not
requirements mete uirements of this section being et by the prohibited by subsection (D) ( 1 ) of this section,
purchase of banked wetland credits . and provided all the following conditions are
b . Cumulative Effects Fund . The city may met :
accept payment of a voluntary contribution to a . The activity shall not result in a reduction of
p y �'
an established cumulative effects fund for off- wetland acreage or function; and
site watershed scale habitat and wetland b . The activity is temporary and shall cease or
conservation in lieu of wetland mitigation of be completed within three months of the date
the following cases : the activity begins .
unavoidable impacts in
i . Residential building permits where on- site E . Mitigation Plans .
enhancement and/or reservation is not 1 . General . Mitigation plans are required for
nh p
adequate to meet the requirements of activities in a buffer or wetland . Content
q
of this section ; requirements which are inappropriate and
subsection (D )(4) a waived b the
iipp. Approved reasonable use exceptions where inapplicable to a prof ect may be w i y
sufficient on- site wetland and wetland buffer responsible official upon request of the
mitigation is not practical ; applicant at or subsequent to the pre-
ill . Small ' acts affecting less than 0 . 10 acre application consultation provided for in
p
of wetland where on- site enhancement and/or subsection (F ) ( 1 ) of this section .
preservation is not adequate to meet the 2 . Preliminary Mitigation Plan . The purpose of
q
requirements of subsection (D ) (4 ) of this the preliminary plan is to determine the
-
section * or feasibility of the proj ect before extensive
We As an additional mitigation measure when resources are devoted to the project. The
all other p
on mita atioptions have been applied responsible official may waive the requirement
g
to the greatest extent practicable . for a preliminary mitigation plan when a
gr
6 . Stormwater Facilities . Stormwater facilities wetland permit is not associated with a
are allowed in wetlands with habitat scores less development permit application (listed in
than twenty on the rating form, in compliance Section 16 . 53 . 010 (B )) . The preliminary
mitigation plan consists of two parts : baseline
with the following requirements :
a. Stormwater detention and retention information for the site and a conceptual plan .
necessary to maintain wetland hydrology is If off- site wetland mitigation is proposed,
provided,rovided, that the responsible baseline information for both the project site
official finds that wetland functions will not be and mitigation site is required.
degraded; and a. Baseline information shall include :
b . Stormwater runoff is treated for water i . Wetland delineation report as described in
quality uali in accordance with the requirements of Section 16 . 53 . 030 (1) ) (2 ) ;
Section 17 . 19 . 040 (C) ( )3 prior to discharge into ii . Copies of relevant wetland jurisdiction
61
determination letters , if available, such as v . Site plan ;
determinations ofp rior converted crop lands , vi . Discussion and map of plant material to be
correspondence from state and federal agencies planted and planting densities ;
p .
regarding prior wetland delineations , etc . ; vii . Preliminary drainage plan identifying
ill . Descri tion and ma sof vegetative location of proposed drainage facilities
p p
conditions at the site ; including detention structures and water quality
iv . Description and maps of hydrological features (e . g . , O swales) ;
conditions at the site ; viii . Discussion of water sources for all
v . Description of soil conditions at the site wetlands on the site ;
based on ap reliminary on- site analysis ; ix . Project schedule ,
vi . A topographic of the site ; and x . Discussion of how the completed prof ect will
map
vil . A functional assessment of the existing be managed and monitored ; and
wetland and buffer . xi . A discussion of contingency plans in case
(A) Application lication of the rating system in Section the project does not meet the goals initially set
16 . 53 . 020 (B ) will generally be considered for the project .
sufficient for functional assessment, 3 . Final Mitigation Plan . The contents of the
(B ) e Thresponsible official may accept or final mitigation plan shall include :
request an alternate functional assessment a. The approved preliminary mitigation plan
methodology when e thpplicant ' s proposal and all conditions imposed on that plan . If the
a
preliminary mitigation plan requirement is
requires detailed consideration of specific wai
qved, the final plan shall include the content
wetland functions ,,
( C) Alternate functional assessment normally required for the preliminary plan
methodologies used shall be scientifically valid listed in this section .
and reliable . b . Performance Standards . Specific criteria
b . The contents of the conceptual mitigation shall be provided for evaluating whether or not
plan shall include : the goals and objectives of the mitigation
1 . Goals and objectives of the proposed project, project are being met. Such criteria may
11 . A wetland buffer width reduction plan, if include water quality standards , survival rates
width reductions are proposed that includes : of planted vegetation, species abundance and
w p P
The land use intensity, er Tablediversity targets , habitat • diversity indices , or
(A) p eolo ical or hydrological
16 . 53 . 040 -4 , of the various elements of the other ecological , g g ,
development adjacent to the wetlands , criteria.
(B ) The wetland buffer width( s) required by C . Detailed Construction Plans . written
Table 16 . 53 . 040 - 1 , 16 , 53 . 040 - 2 and 16 . 53 . 040 - specifications for the mitigation project shall be
' provided. The specifications shall include : the
3 ' traction sequenceadin and
( C) The proposed buffer width reductions , proposed cons q , gr g
includm* g documentation that proposed buffer excavation details , water and nutrient
width reductions fully protect the functions of requirements for planting, specification of
e wetland in compliance with subsection C of substrate stockpiling techniques , and planting
this section ; instructions , as appropriate . These written
' ii . A wetland mitigation lap that includes : specifications shall be accompanied by detailed
i g p
A sequencing(A) q g n analysis for all wetland site diagrams , scaled cross - sectional drawings ,
imP acts topographic maps showing slope percentage
A description of all wetland impacts that and final grade elevations , and any other
(B ) p .
require g uire miti ation under this chapter , and drawings appropriate to show construction
C Proposed mitigation on measures and techniques or anticipated final outcome .
mitigation ratios d . Monitoring Program . The mitigation
on plan
iv . Ma showing proposed wetland and buffer . shall include a description of a detailed
Map gp p
This map should include the existing and program for monitoring the success of the
o sed buffers and all proposed wetland mitigation project .
IMP acts regulated under this chapter, 1 . The mitigation project shall be monitored for
62
Q
a period necessary to establish that the Proficiency . A description of hove the .
mitigation is successful , but not for a period of mitigation project will be managed during
less than five years . Creation of forested construction and the scientific capability of the
wetland mitigation projects shall be monitored designer to successfully implement the
for a period of at least ten years ; proposed project. In addition , a demonstration
ii . Monitoring shall be designed to measure the of the financial capability of the applicant to
performance standards outlined in the successfully complete the project and ensure it
mitigation plan and may include but not be functions properly at the end of the specific
limited to : monitoring period .
(A) Establishing vegetation plots to track g . Contingency Plan. Identification of potential
changes in plant species composition and courses of action, and any corrective measures
density over time , to be taken when monitoring or evaluation
(B ) Using photo stations to evaluate vegetation indicates project performance standards are not
community response ,
being met .
( C ) Sampling surface and subsurface waters to F . Wetland Permit Application .
determine pollutant loading, and changes from 1 . Pre Permit Consultation . Any person .
the natural variability of background conditions intending to apply for a wetland permit is
(pH, nutrients , heavy metals ) , encouraged , but not required, to meet with the
(D ) Measuring base flow rates and stormwater department during the earliest possible stages
runoff to model and evaluate water quality of prod ect planning in order to discuss wetland
predictions , if appropriate, impact avoidance , minimization, compensatory
(E) Measuring sedimentation rates , if mitigation, and the required contents of a
applicable , and mitigation plan before significant commitments
(F ) Sampling fish and wildlife populations to have been made to a particular project design .
determine habitat utilization, species Effort put into pre-permit consultations and
abundance and diversity ; planning will help applicants create projects
iii . A monitoring protocol shall be included which will be more quickly and easily
outlining how the monitoring data will be processed .
evaluated by agencies that are tracking the 2 . Applications . Applications for wetland
progress of the project; permits shall be made to the department on
IV . Monitoring reports shall be submitted forms furnished by the department and in
annually, or on a pre- arranged alternate conformance with Section 16 . 53 . 030 .
schedule, for the duration of monitoring period; 3 . Fees . At the time of application, the
v . Monitoring reports shall analyze the results applicant shall pay a filing fee in accordance
of monitoring, documenting milestones , with the most current fee schedule adopted by
successes , problems , and recommendations for the city .
corrective and/or contingency actions to ensure G . Wetland Permit Processing .
success of the mitigation project. 1 . Procedures . Wetland permit applications
e . Associated Plans and Other Permits . To shall be processed using the application
. ensure consistency with the final mitigation procedures in Chapter 18 . 55 unless specifically
plan, associated plans and permits shall be modified herein :
submitted, including, but not limited to : a. Type I Wetland Permit. The following
i . Engineering construction plans ; wetland permits shall be reviewed under the
ii . Final site plan or proposed plat; Type I review process in accordance with CMC
ill . Final landscaping plan; Chapter 18 . 55 :
iv . Habitat permit; i . Buffer modification only;
v . WDFW HP A ; ii . Wetland impacts resulting in Tess than 0 . 1 Q
vi . USAGE Section 404 permit; and acre of direct wetland impact;
vii . WDOE Administrative Order or Section iii . Wetland permits associated with residential
401 certification . building permits , regardless of impact;
f. Evidence of Financial and Scientific iv . Re- authorization of approved wetland
63
request. Any other wetland permit application
permits , .
' wetland permits that are shall be acted on by the responsible official
V . Programmaticp
within the timeline specifled in Chapter 18 . 55
SEPA exempt.
b . Type II Wetland Permit . The following for the required permit type .
wetland permits sh
all be reviewed under the 2 . Findings . A decision preliminarily approving
i
Type II review processn accordance with or denying a wetland permit shall be supported
CLIC Chapter 18 . 55 :
by findings of fact relating to the standards and
i . Wetland im acts resulting in 0 . 10 acre , or requirements of this chapter .
p
more , of direct wetland impact, other than 3 . Conditions . A decision preliminarily
• •
approving a wetland permit shall incorporate at
residential building permits ; pp g p . .
i . Programmatic wetland permits that require least the following as conditions
a. The approved preliminary mitigation plan ,
SEPA review ;
ni
00
ill . Programmatic permit subject to b . Applicable conditions pded for in
Type II review shall not be subject to the notice subsection (E)(3 ) of this section ;
requirements of Chapter 18 . 55 . Within fourteen G . Posting of a performance assurance pursuant
m
calendar days s after the date an application is to * subsection J of this section ; and
ed as fullcomplete , the city shall d . Posting of a maintenance assurance pursuant
ublish in a a er of general circulation a to subsection J of this section .
p news pp
summary of the notice includingthe date , time, 4 . Duration . Wetland permit preliminary
comments ,and manner of
making the nature approval shall be valid for a period of three
and location of the proposal,ro and instructions years from the date of issuance or termination
for obtaining further information * of administrative appeals or court challenges ,
c . Type III Wetland Permit . Reasonable use whichever occurs later , unless :
than residential permits , made a. A longer period is specified in the permit; or
exceptions , other
under Sect ) (3 B , shall be b . The applicant demonstrates good cause to
Section 16 . 53 . 010 ( )
reviewed under
der the T III review process the responsible official ' s satisfaction for an
described in Chapter 18 . 55 . extension not to exceed an additional one year .
2 . Consolidation .
' p
The department shall , to the I . Wetland Permit Final Approval .
extent practicable and feasible consolidate the 1 . Issuance . The responsible official shall issue
processing of wetland permits with other city . final approval of the wetland permit _ .
pr g
to programs which affect activities in authorizing commencement of the activity
regulatory p gr
wetlands such as SEPA review, subdivision , permitted thereby upon :
e lana royal so as to rovide a. Submittal and approval of a final mitigation
grading, and site p approval, p
coordinated permit process . plan pursuant to subsection (E) (3 ) of this
a timely and p
Where no other city permit or approval is section ;
required for the wetland activity, the wetland b . Installation and approval of field markings as
ll bprocessed in accordance with a requir
permit shall e ed by Section 16 . 53 . 040 (0)(2) ;
Type II process under Chapter 18 . 55 . c . The recording of a conservation covenant as
3 . Notification . In
addition to notices otherwise required by Section 16 . 53 . 040 (C)(3 ) and
e of application shall be given to included on the plat, short, plat, or site plan as
required notice pp
federal and state agencies that have jurisdiction required by Section 16 . 53 . 040 (0) (4) ;
overor an interest in, the affected wetlands . d . The posting of a performance assurance as
,
i`p
This notice may
be incorporated into a SEPA required by subsection (M (3 ) of this section .
comment period .
2 . Duration .
K. wetland Perinit Prelimin Approval . a. Wetland or Wetland Buffer Impacts . Final
�'y pp
A wetland ermit approval shall be valid for the period specified
1 . Decision Maker . p
application which has been consolidated with in the final wetland permit, or the associated
royal nest which development approval . Extension of the permit
another permit or app request
requires a public hearing (e . g . , preliminary shall only be granted in conjunction with
plat)
shall be heard and decided in accordance extension of an associated permit.
procedures applicable to such other b . Compensatory Mitigation . The
with the p pp .
64
compensatory mitigation requirements of the that occurred during construction ;
com
p rY g
perms
' t shall remain in effect for the duration of ill . Field inspection of the completed site ( s) ;
the monitoring and maintenance period and
specified in the approval . iv . Provision of the required maintenance
J . wetland Permit Financial Assurances . assurance .
of Financial Assurances . The b . Release of Maintenance Assurance . Upon
1 . Types
'
e official shall accept the following request, the responsible official shall release
responsible p
farms of financial assurances : the maintenance assurance when the following
a . An escrow account secured with an conditions are met :
roved by e responsible onsible official ; i
agreement app . Completion of the specified monitoring and
p
b . A bondp rovided by a surety for estimates maintenance program ;
t exceed five thousand dollars ; ii
that . Submittal of a final monitoring report
c . A deposit account with a financial institution demonstrating that the goals and objectives of
secure agreement app
d with an a eement roved by the the compensatory mitigation plan have been
official ; met as demonstrated through :
responsible
e of commitment from a public (A) Compliance with the specific performance
d . A letter p
standards established in the wetland permit, or
agency , and
arms of financial assurance (B ) Functional assessment of the mitigation
e . Other f
determined to be acceptable by the responsible site( s) , and
official .
(C) Field inspection of the mitigation site(s ) .
2 . Financial Assurance Estimates . The C . Incremental Release of Financial
applicant shall submit itemized cost estimates Assurances . The responsible_ official may
for the required financial assurances . The release financial assurances incrementally * only
e official ma ad ' ust the estimates to if specific milestones and associated costs are
responsibl y .l
funds will be available to specified in the compensatory mitigation plan
ensure that adequate
complete the specified compensatory and the document legally establishing the
p p �'
mitigation upon forfeiture . In additi
p
g on the cost financial assurance .
estust include a contin ency as 5 . Transfer of Financial Assurances . The
imates mg
follows .. responsible official may release financial
a. Estimates for bonds shall be multiplied by assurances at any time if equivalent assurances
one hundred fifty percent; are provided by the original or a new permit
,
b . All other estimates shall be multiplied by holder .
one hundredten p ercent . 6 . Forfeiture . If the permit holder fails to
Fin
ancial Assurances . For Type I perform or. maintain compensatory mitigation
3 . Waiver of
its the responsible official may in accordance with the approved wetland
wetland perm p .
requirement for one or bath financial permit, the responsible official may declare the
waive the
the applicant can demonstrate to corresponding financial assurance forfeit
assurances if pp
e responsible official ' s satisfactionng process
that pursuant to the followi :
th p
uired financial assurances will a. The responsible official shall , by registered
posting the req
a significant hardship * mail , notify the wetland permit holder/agent
constitute gn P
4 . Acceptance of
Work and Release of that is signatory to the financial assurance , and
Financial Assurances . the financial assurance holder of
a. Release of Performance Assurance . Upon nonperformance with the terms of the approved
request the responsible official shall release wetlands permit;
q p �
the performance assurance when the following
b . The written notification s
conditions are e met : reasonable tinge for the permhall cite a
it holder, or legal
of construction and planting successor, to comply with provisions of the
i . Completion
specified in t p approved e a roved com ensatory permit and state the city ' s intent to forfeit the
• financial assurance should the required work
mitigation plan,
Submittal of an as -built report documenting not be completed in a timely manner;
ii . S p
e compensatory mitigation plan C . Should the required work not be completed
changes to th p �' g p
65
timely, the city shall declare the assurance conditions and proposes any additional
forfeit ; measures or adjustments to the approved
d . Upon forfeiture of a financial assurance , the programmatic permit plan ,
p
roceeds thereof shall be utilized either to vi . Reporting to the responsible official any
correct the deficiencies which resulted in specific wetland or wetland buffer degradations
forfeiture or, if such correction is deemed by resulting from maintenance activities when the
the responsible official to be impractical or degradation occurs or within a timely manner,
.
ineffective , to enhance other wetlands in the vii . Responding to any department requests for
same watershed or contribute to an established information about specific work or projects ,
cumulative effects fund for watershed scale viii . Procedures for reporting andJor addressing
habitat and wetland conservation . activities outside the scope of the approved
K . Programmatic Permits for Routine permit, and
Maintenance and Operations of Utilities and ix. Training all employees , contractors and
Public Facilities . The responsible official may individuals under the supervision of the
issuero ammatic wetland permits for routine applicant who are involved In permitted work .
p �'
maintenance and operations of utilities and 2 . Findings . A decision preliminarily approving
public facilities within wetlands and wetland or denying a programmatic wetland permit
buffers , and for wetland enhancement shall be supported by findings of fact relating
programs . It is not the intent of the to the standards and requirements of this
programmatic permit process to deny or chapter .
unreasonably restrict a public agency or 3 . Approval Conditions . Approval of a
utility ' sability abili to provide services to the programmatic wetland permit shall incorporate
public . Programmatic permits only authorize at least the following as conditions :
activities s ecifically identified in and limited a. The approved programmatic permit plan ;
p
to the permit approval and conditions . b . Annual reporting requirements ; and
I . Application Submittal Requirements . Unless c . A provision stating the duration of the
waived by the responsible official with specific permit .
pp
s
finding in theapproval document in 4 . Duration and Re- authorization .
accordance with subsection (K)(2 ) of this a. The duration of a programmatic permit is for
section, applications for programmatic wetland five years , unless :
permits shall include a programmatic permit i . An annual performance based re-
plan that includes the following : authorization program is approved within the
a . A discussion of the purpose and need for the permit; or
permit; ii . A shorter duration is supported by findings .
b . A description of the scope of activities in b . Requests for re- authorization of a
wetlands and wetland buffers ; programmatic permit must be received prior to
C . Identification of the geographical area to be the expiration of the original permit .
covered b the permit; i . Re- authorization is reviewed and approved
d . The range of functions and values of through the process described in subsection
wetlandsp otentially affected by the permit; (K) ( 1 ) of this section .
e . Specific measures and performance ii . Permit conditions and performance standards
standards to be taken to avoid, minimize , and may be modified through the re-authorization
mitigate impacts on wetland functions and process .
values including : iii . The responsible official may temporarily
i . Procedures for identification of wetlands and extend the original permit if the review of the
wetland buffers , re- authorization request extends beyond the
ii . Maintenance practices proposed to be used, expiration date .
iii . Restoration measures , L . wetland Permit Emergency .
iv . IVliti anon measures and assurances , L Authorization . Notwithstanding the
g
v . Annual reporting to the responsible official provisions ons of this chapter or any other laws to
that documents compliance with permit the contrary, the responsible official may issue
66
prospectively or, in the case of imminent action shall be commenced in accordance with
pros p y
threats Y a retroactive ) temporary emergency the enforcement provisions of CMC Chapter
wetlands p ermit if:
18055 , and may also include the following :
a . The res onsible official determines that an 1 . Applications for city land use permits on
p
unacce p table threat to life or loss of property sites that have been. cited or issued an
occur if an emergency permit is not administrative nonce of correction or order
will g Y p
anted; and under Title 18 , or have been otherwise
b . The anticipated threat or loss may occur documented by the city for activities in
before a permit can be issued or modified under violation of this chapter, shall not be processed
theqrocedures otherwise required by this act for a period of six years provided :
p
ppl
and other applicable laws . a. The city has the authority to apply the permit
2 . Conditions . Any emergency permit granted moratorium to the property ;
to the greatest extent b . The city records the permit moratorium ; and
shall incorporate ...
p
racticable and feasible, but not inconsistent c . The responsible official may reduce or wave
e emergency situation the standards and the permit moratorium duration upon approval
with t •
criteria required for non- emergency activities of a wetland permit under this section .
under this act and shall : 2 . Compensatory mitigation requirements.
a. Be limited in duration to the time required to under subsections C and D of this section may
camp emergency
complete the authorized activity , be increased by the responsible official as
not to exceed ninety days ; and follows :
b . Require , within this nine -day period, the a . All or some portion of the wetland or
q tY
ton of wetland altered as a result of wetland buffer impact cannot be permitted restoration an or
y
the emergency activity, except that if more than restored in place ; and
g Y -
mine days from the issuance of the b . Compensatory mitigation for the impact is
the y e than one year from the time of
emergency permit is required to complete delayed - mor y
the emergency permit may be the original citation or documentation of the
restorationg y p
extended to complete this restoration . violation .
3 . Notice . Notice of issuance of an emergency
permit shall be published in a newspaper
having general circulation in the city of Camas
not later than ten days after issuance of such
permit .
4 . Termination . The emergency permit may be
terminated at any time without process upon a
determination by the responsible official that
the action was not or is no longer necessary to
protect human health or the environment.
M . Revocation . In addition to other remedies
provided for elsewhere in this chapter, the
responsible official may suspend or revoke
wetland permit( s) issued in accordance with
this chapter and associated development
permits , pursuant to the provisions of Title 18
of the Camas Municipal Code , if the applicant
or permittee has not complied with any or all of
the conditions or limitations set forth in the
permit, has exceeded the scope of work set
forth in the permit, or has failed to undertake
the project in the manner set forth in the permit .
N . Enforcement. At such time as a violation of
this chapter has been determined, enforcement
67
Chapter 16 . 55 moderately or highly vulnerable or susceptible
in an adopted ground water management
CRITICAL AQUIFER RECHARGE program developed pursuant to Chapter 173 -
AR AS 100 WAC .
D . Special Protection Areas . Special protection
Sections : areas are those areas defined by WAC 173 -
16 . 55 . 010 Critical aquifer recharge areas 200 - 090 .
designationo E . Moderately or Highly Vulnerable Aquifer
16 . 55 . 020 Aquifer recharge area Recharge Areas . Aquifer recharge areas that
susceptibility ratings . are moderately or highly vulnerable to
16 . 55 . 030 Mapping of critical aquifer degradation or depletion
recharge areas . hydrogeologl _ because of
c character1. stics are those areas
16 . 55 . 444 Activities allowed in critical delineated by a hydrogeologlc study prepared
aquifer recharge areas . in accordance with the state Department of
16 . 55 . 050 Critical area report-- Ecology guidelines .
aqui
recharge F . Moderately or Highly Susceptible Aquifer
Requirements for critical
areas . Recharge Areas . Aquifer recharge areas
16 . 55 . 060 Performance standards -- General moderately or highly susceptible to degradation
requirements . or depletion because of hydrogeologic
characteristics are those areas meeting the
16 . 55 . 070 Performance standards-- Specific
uses . criteria established by the state Department of
16 . 55 . 080 Uses prohibited from critical Ecology .
aquifer recharge areas .
16 . 55 . 020 Aquifer recharge area
16 . 55 . 010 Critical aquifer recharge susceptibility ratings .
areas designation . Aquifer recharge areas shall be rated as having
Critical aquifer recharge areas ( CARA) are high, moderate , or low susceptibility based on
those areas with a critical recharging effect on soil permeability , geologic matrix, infiltration,
aquifers used for potable water as defined by and depth to water as determined by the criteria
WAC 365 - 190 - 030 (2 ) . CARA have prevailing established by the state Department of Ecology .
geologict conditions associated with infiltration
rates that create a high potential for 16 . 55 . 030 Mapping of critical aquifer
contamination of ground water resources or recharge areas .
contribute significantly to the replenishment of A . The approximate location and extent of
ground water . These areas include the critical aquifer recharge areas are shown on the
following : adopted critical area maps .
A . Wellhead Protection Areas . Wellhead B . These maps are to be used as a guide for the
protection areas shall be , defined by the city, project applicants , and/or property owners ,
boundaries of the ten year time of ground water and may be continuously updated as new
travel, or boundaries established using alternate critical areas are identified . They are - a
criteria approved by the Department of Health reference and do not provide a final critical
in those settings where ground water time of area designation .
travel is not a reasonable delineation criterion,
in accordance with WAC 24 &290 - 135 . 16 .55 . 040 Activities allowed in critical
B . Sole Source Aquifers . Sole source aquifers aquifer recharge areas .
are areas that have been designated by the U . S . The following activities are allowed in critical
Environmental Protection Agency pursuant to aquifer recharge areas m addition to those
the Federal Safe Drinking Water Act . pursuant to allowed activities ( Section
C . Susceptible Ground Water Management 16 . 51 . 120 ) , and do not require submission of a
Areas . Susceptible ground water management critical area report .0
areas are areas that have been designated as A . Construction of structures and
68
, including additions , resulting in information at a minimum :
improvements
less than five percent or two thousand five 1 . Available information regarding geologic
hundred square feet (whichever is greater) total and hydrogeologic characteristics of the site ,
site impervious surface area that do not result including the surface location of all critical
in a change of use or increase the use of a aquifer recharge areas located on site or
hazardous substance . immediately adjacent to the site , and
B . Develo pment and improvement of parks , permeability of the unsaturated zone ;
recreation facilities , open space , or 2 . Ground water depth, flow direction and
conservation areas resulting in less than five gradient based on available information ;
percent total site im impervious surface area and 3 . Currently available data on wells and springs
p p
that does not increase the use of a hazardous within one thousand three hundred feet of the
substance . project area;
C . Development within CARA ' s shall not 4 . Location of other critical areas , including
result in the loss of more than forty percent of surface waters , within one thousand three
the total pervious surface of the site . hundred feet of the project area;
5 . Available historic water quality data for the
16 . 55 . 050 Critical area report-- area to be affected by the proposed activity ;
Requirements for critical aquifer and
recharge areas . 6 . Best management practices
ces proposed. to be
A . Prepared by a Qualified Professional . An utilized .
aquifer recharge area criti
ar
q gcal area report shall D . Level Two Hydrogeologic Assessment . A
bep Y a q re ared b ualified professional who is a Level Two hydrogeologic assessment shall
p
h dro eolo ist, eologist, or engineer, who is include the following site- and proposal-related
Y g g g
licensed in the state of Washington , and has information at a minimum, in addition to the
experience in preparing hydrogeologic requirements for a Level One hydrogeological
p
assessments . assessment :
B .
Hydrogeologic Assessment Required . For 1 . Historic water quality data for the area to be
all p pro osed activities to be located in a critical affected by the proposed activity compiled for
aquifer rechargeare a critical area report shall at least the previous five year period;
�
contaiA a level one hydrogeological 2 . Ground water monitoring plan provisions ;
assessment . A Level One hydrogeologic 3 . Discussion of the effects of the proposed
assessment shall be required for any of the project on the ground water quality and
following proposed activities : quantity, including .
1 . Activities that result in five percent or more , a . Predictive evaluation of ground water
or two thousand five hundred square feet of withdrawal effects ; and
impervious Pous site area; b . Predictive evaluation of contaminant
2 . Activities that divert, alter , or reduce the transport based on potential releases to ground
flow of surface or ground waters , or otherwise water; and
reduce the rechar ing of the aquifer ; 4 . A spill plan that identifies equipment and/or
g
3 . The use of hazardous substances , other than structures that could fait , resulting in an impact.
household chemicals used according to the Spill plans shall include provisions for regular
directions s Pecified on the packaging for inspection, repair, and replacement of
domestic applications ; structures and equipment pment that could fail .
4 . The use of injection wells ; or
5 . Any other activity determined by the director 16 . 55 . 060 Performance standards--
likely to have an adverse impact on ground General requirements .
wateruali quantity, or on the recharge of A . Activities may only be permitted in a critical
q tY or
the aquifer . aquifer recharge area if the applicant can show
C . Level One Hydrogeologic Assessment. A that the proposed activity will not cause
Level One
hydrogeologic assessment shall contaminants to enter the aquifer, and that the
include the following site and proposal-related proposed activity will not adversely effect the
69
, f
recharging of the aquifer . storage facilities proposed for use in the storage
B . The critical areas report shall identify and of hazardous substances or hazardous wastes
demonstrate that measures will be taken to shall be designed and constructed so as to :
prevent aquifer contamination from vehicular a. Not allow the release of a hazardous
repair, residential use of pesticides and substance to the ground, ground waters , or
nutrients , spreading or injection of reclaimed surface waters ;
water, and storage tanks . b . Have a primary containment area enclosing
C . TheP roposed activity must comply with the or underlying the tank or part thereof, and
water source protection requirements and c . A secondary containment system either built
recommendations of the federal Environmental into the tank structure , or a dike system built
Protection Agency, state Department of Health , outside the tank . This applies to all tanks .
and the local health district . B . No Dry Wells Shall be Allowed in Critical
D . The proposed activity must be designed and Aquifer Recharge Areas . Dry wells existing on
constructed in accordance with the city of the site prior to facility establishment must be
Camas Design Standards Manual . abandoned using techniques approved by the
state Department of Ecology prior to
15 . 55 . 470 Performance standards -- commencement of the proposed activity .
Specific uses . C . Residential Use of Pesticides
cides and Nutrients .
A . Storage Tanks . All storage tanks proposed Application of household pesticides ,
to be located in a critical aquifer recharge area herbicides , and fertilizers shall not exceed
must comply with local building code times and rates specified on the packaging .
req uirements and must conform. to the D . Spreading or Injection of Reclaimed Water .
fallowing requirements : Water reuse prof ects for reclaimed water must
1 . Underground Tanks . All new underground be in accordance with the adopted water or
storage facilities proposed for use shall be sewer comprehensive plans that have been
designed and constructed so as to : approved by the departments of Ecology and
a . Prevent releases due to corrosion or Health .
structural failure for the operational life of the 1 . Surface spreading must meet the ground
tank; water recharge criteria given in Chapter
b . Be protected against corrosion , constructed 90 . 46 . 080 RCW and Chapter 90 . 46 . 010 ( 9 ) ; and
of noncorrosive material , steel clad with a 2 . Direct injection must be in accordance with
noncorrosive material, or designed to include a the standards developed by authority of
secondary, containment system to prevent the Chapter 90 . 46 . 042 RCW .
release or threatened release of any stored E . State and Federal Regulations . The uses
substances ; and listed below shall be conditioned as necessary
G . Use material in the construction or lining of to protect critical aquifer recharge areas in
the tank that is compatible with the substance accordance with the applicable state and federal
to be stored . regulations .
2 . Aboveground Tanks . All new aboveground
70
Statutes Re ulations and Guidance Pertaining to Ground Water Im-pactin Activities
- g _. _. _ . ._.-
Activity Statute--Regulation Guidances -
_ tY
Above Ground Stora ge Tanks Chapter 173 -303 - 640 WAC w
Animal Feedlots Chapter 173 -216 - 240 WAC ,
Chapter 173 - 220 (N?DES ) WAC
.Automobile Washers Chapter 173 -216 WAC , Best Management
Practices for Vehicle and Equipment
Discharges (VIDOE WQ -R- 95 - 56 )
Below Ground Storage Tanks Chapter 173 - 360 WAC
i
Chemical Treatment Storage and Disposal Chapter 173 -303 WAC
;
Facilities
Hazardous Waste Generator (Boat Repair Chapter 173 - 303 WAC
Shops , Biological Research Facility, Dry
Cleaners , Furniture Stripping, Motor Vehicle
Service Garages , Photographic Processing.,
;
Printing and Publishing Shops , etc . )
;
Injection Wells Federal 40 CFR Parts 144 and 146 , Chapter
173 - 218 WAC
Junk Yards and Salva e Yards Chapter 173 - 3 04 WAC , Best Management
g
j Practices to Prevent Stormwater Pollution at
Vehicles Recycler Facilities (WDOE 94-
146 )
Oil and Gas Drillin g Chapter 33242450 WAC , Chapter 344. 12
i
WAC f
On- Site Sewage Systems (Large Scale) Chapter 173 -240 WAC
i
On- Site Sewa e S stems < 14 , 500 gaUday) Chapter 246 -272 WAC , Local Health
g y
i
Ordinances
2 : i
icide Storage anj ap
Pestd Use Ch
ter 15 . 54 RCW , Chapter 17 . 21 RCW^�
Sawmills Chapter 173 -3 03 WAC 173 -3 04 WAC , Best
Management Practices to Prevent
Stormwater Pollution at Log Yards (WDOE
95 - 53 )
Solid Waste Handling ecy and Rcling Chapter 173 -304 WAC
Facilities
Surface Minin Chapter 332 - 18 WAC
g
Waste Water Application to Land Surface Chapter 173 - 216 WAC , Chapter 173 - 200
WAC , WDOE Land Application Guidelines ,
Best Management Practices for Irrigated
Agriculture
* as amended
71
a : t
16 . 55 . 080 UsesP rohibited from and storage of hazardous substances or
critical aquifer recharge areas . hazardous materials .
The following activities and uses are
prohibited in critical aquifer recharge
areas : 3
A . Landfills . Landfills , including hazardous
or dangerous waste, municipal solid waste ,
special waste , wood waste , and inert and
demolition waste landfills ;
B . Underground Injection Wells . Class I,
III, and IV wells and subclasses 5F01 ,
5D03 , 5F04 , 5W09 , 5W10 , 5W11 , 5W31 ,
5X135 5X. 14 , 5X15 , 5W20 , 5X28 , and
5N24 of Class V wells ;
C . Mining .
1 . Metals and hard rock mining ; and
2 . Sand and gravel mining ;
D . Wood Treatment Facilities . Wood
treatment facilities that allow any portion
of the treatment process to occur over
permeable surfaces (both natural and
manmade) ;
E . Storage , Processing, or Disposal of
Radioactive Substances . Facilities that
store , process , or dispose of radioactive
substances ;
F . Fuel and/or Gas Stations ;
G . Vehicle Repair and Servicing ;
H. Oil and Lubricant Centers ; and
1 . Other .
1 . Activities that would significantly
reduce the recharge to aquifers currently or
potentially used as a potable water source ;
2 . Activities that would significantly
reduce the recharge to aquifers that are a
source of significant baseflow to a
regulated stream;
3 . Activities that are not connected to an
available sanitary sewer system are
prohibited from critical aquifer recharge
areas associated with sole source aquifers ;
and
4 . Underground storage tanks for the use
3 Prohibited uses are based on " Guidance
Document for the Establishment of Critical
Aquifer Recharge Area Ordinances , " by
Ecology, July 2000 , publication ## 97 - 30,
and local concerns .
72
Chapter 16 . 57 information .
C . Flood Elevation Data. When base flood
FREQUENTLY FLOODED AREAS elevation data is not available (A and V
zones ) , the director shall obtain , review,
Sections .
and reasonably utilize any base flood
16 . 57 . 010 Desi nation of frequently elevation and floodway data available from
g
flooded areas . a federal ; state , or other source , in order to
16 . 57 . 020 Critical area report-- administer this chapter .
Additional requirements .
D . Designation Made by Director . The
A q
16 . 57 . 030 War
nin and disclaimer of flood insurance maps are to be used as a
g
• iii guide for the city, project applicants and/or
liability.
16 . 57 . 040 Performance standards-- property owners , and the public, and
General re uirements . should be considered a minimum
q
16
. 57 . 050 Performance standards -- designation of frequently flooded areas . As
ecifxc uses . flood insurance maps may be continuously
Sp
16 . 57 . 060 Performance standards -- updated as areas are reexamined or new
Areas of shallow floodin . areas are identified, the best available
ivities prohibited information for flood hazard area
16 . 57 . 070 Uses and act
from fre q Y uentl flooded areas . identification shall be the basis for
16 . 57 . 080 variations --Additional regulation .
considerations for frequently flooded
itical area report--
areas . 16 . 57 . 020 CrAdditional requirements .
. 57 . 010 Designation of A . Prepared by a Qualified Professional . A
16 g
flooded areas . frequently flooded areas report shall be
frequently b a qualified professional who is
A . Frequently Flooded Areas . Frequently preparedY q
flooded areas include : a hydrologist, or engineer, who is licensed
The areas of special flood hazard identified in the state of Washington, with experience
by the Federal Insurance Administration in in preparing flood hazard assessments .
a scientific and en ineering report entitled B . Area Addressed in Critical Area Report .
g
" T he Flood Insurance Study for City of The following areas shall be addressed in a
" dated August 2 , 1982 , with critical area report for frequently flooded
Camas" gu-
accompanying flood insurance maps . The areas :
ce Stud and accompanying1 . The site area of the proposed activity ,
Flood Insuran y
maps Y pa s are hereby adopted by reference , 2 . All areas of a special flood hazard area,
declared part of this chapter . These are as indicated on the flood insurance map ( s ) ,
minimum desi ations ; the director may within . three hundred feet of the prod ect
identify additional areas . area; and
B . Use of Additional Information . The 3 . All other flood areas indicated on the
director may use additional flood flood insurance map ( s) within three
information that is more restrictive or hundred feet of the pro] ect area.
detailed than that provided M the Flood C . Flood Hazard Assessment Required . A
d
Insurance Stud conducted by the Federal critical Y cal area report for a proposed activity
EmergencyManagement Agency (FEMA) within a frequently flooded area shall
g g
to designate frequently flooded areas , contain a flood hazard assessment,
including cludin data on channel migration, including the following site- and proposal.
historical data, high water marks , related information at a minimum :
photographs of past flood%ng, location of 1 . Site and Construction Plans . A copy of restrictive floodways , maps showing future the site and construction pfansfor the
build-out conditions , maps that show development proposal showing .
i arian habitat areas , or similar a. Flood plain
r (one hundred-year flood
p
73
elevation) , ten- and fifty-year flood shall not create liability on the part of city
elevations , floodway, other critical areas , of Camas , any officer or employee thereof,
management zones , and shoreline areas ; or the Federal Insurance Administration ,
b . Proposed development, including the for any flood damages that result from
location of existing and proposed reliance on this chapter, or any
structures , fill , storage of materials , and administrative decision lawfully made
drainage facilities , with dimensions hereunder .
indicating distances to the flood plain ;
c . Clearing limits ; and 16 . 57 . 040 Performance standards -
d . Elevation of the lowest floor (including - General requirements .
basement) of all structures , and the level to A . Development Permit Required_ A
which any structure has been floodproofed ; development permit shall be obtained
2 . Floodproofing Certificate . When before land is altered or a new use is
floodproofing is proposed, a certification commenced within a frequently flooded
by a registered professional engineer or area. For application of this chapter ,
architect that the floodproofing methods development shall include any man-made
meet the requirements in section CMC alteration to land, including but not limited
16 . 57 . 040 ( G) ; and to buildings , structures , reining, dredging,
3 . Watercourse Alteration . When filling, grading, paving, excavation , drilling
watercourse alteration is proposed, the operations , or storage of equipment or
critical area report shall include : materials within the area of special flood
a . Extent of Watercourse Alteration . A hazard .
description of and plan showing the extent B . All Necessary Permits Shall be .
to which a watercourse will be altered or obtained . The applicant shall provide
relocated as a result of proposal ; and verification to the city that all necessary
b . Maintenance Program Required for permits have been obtained from those
Watercourse Alterations . A maintenance governmental agencies from which prior
program that provides maintenance approval is required by federal , state or
practices for the altered or relocated local law including Section 404 of the
portion of the watercourse to ensure that Federal water Pollution Control Act
the flood carrying capacity is not Amendment of 1972 , and the ' Endangered
diminished . Species Act of 1973 , as amended .
D . Information Regarding other Critical C . New construction shall not increase the
. Areas . Potential impacts to wetlands , fish base flood elevation more than one inch .
and wildlife habitat, and other critical areas when the base flood elevation is provided,
shall be addressed in accordance with the new construction, substantial
applicable sections of these provisions . improvements , or other development,
including fill , shall not be permitted within
16 . 57 . 030 Warning and disclaimer frequently flooded areas , unless it is
of liability. demonstrated that the cumulative effect of
The degree of flood protection required by the proposed development, when combined
this chapter is considered reasonable for * with all other existing and anticipated
regulatory purposes and is based on development, will not increase the water
scientific and engineering considerations . surface elevation of the base flood more
Larger floods can and will occur on rare than one inch at any point.
occasions . Flood heights may be increased D . Areas Without Base Flood Elevation
by man-made or natural causes . This Data . where base flood elevation data is
chapter does not imply that land outside not available (A and V zones ) , and there is
frequently flooded areas , or uses permitted insufficient data available from federal,
within such areas will be free from state, or other sources , the director shall
flooding or flood damages . This chapter determine the base flood elevation using
74
historical data, high water marks , requirements :
photographs of past flooding, and other a. watertight Structure . The structure shall
available information . If there is be watertight with walls substantially
insufficient data available for the director impermeable to the passage of water below
to make a determination of the base flood one foot above the base flood level ;
elevation, and standards requiring a base b . Hydrostatic Resistance . Structural
flood elevation cannot be implemented, the components shall be capable of resisting
director shall require measures that assure hydrostatic and hydrodynamic loads and
the proposed structures will be reasonably effects of buoyancy;
safe from flooding . G . Certified by a Registered Professional
E . Construction Materials and Methods . Engineer or Architect. The structure shall
1 . Methods that Minimize Flood Damage . be certified by a registered professional
.All new construction and substantial engineer or architect that the design and
improvements shall be constructed using methods of construction are in accordance
flood resistant materials and utility with accepted standards of practice for
e uipment, and with methods and practices meeting provisions of this subsection based
q
that minimize flood damage . on their development and/or review of the
2 . Structures shall be located outside the structural design, specifications , and plans .
flood plain . All structures , utilities , and 2 . Floodproofing Certificate Required
other improvements shall be located Following Construction . Following
outside of the flood plain, except as construction of the structure , the applicant
provided by this chapter . Far sites with no shall obtain a floodproofing certificate
buildable area out of the flood plain, from a registered professional engineer or
structures may be allowed provided they architect that records the actual ( as -built)
are placed on the highest land on the site , elevation to which the structure was
oriented parallel to flow rather than floodproofed .
perpendicular, and sited as far from the H . Anchoring .
watercourse and other critical areas as All new construction and substantial
possible . If the director detects any improvements within the flood plain shall
evidence of active hyporheic exchange on a be anchored to prevent flotation , collapse ,
site , the development shall be located to or lateral movement of the structure .
minimize disruption of such exchange . I. Fill and Grading .
3 . Utilities Shall be Protected . Electrical, Fill and grading within the flood plain shall
heating, ventilation, plumbing, and air- only occur upon a determination from a
conditioning equipment and other service qualified professional that the fill or
facilities shall be designed and/or otherwise grading will not block side channels ,
elevated or located so as to prevent water inhibit channel migration, increase flood
from entering or accumulating within the hazards to others , or be placed within a
components during conditions of flooding . channel migration zone, whether or not the
F . Elevation Certificate Required city has delineated such zones as of the
Following Construction . Following time of the application.
construction of a structure within the flood
plain where the base flood elevation is 16 . 57 . 050 Performance standards-
provided, the applicant shall obtain an - Specific uses .
elevation certificate from a registered In all frequently flooded areas the
professional engineer or architect that following standards are required:
records the elevation of the lowest floor . A . Residential Units .
G . Floodproofing . 1 . Must be Above Base Flood Elevation .
1 . When a structure is to be floodproofed, it New construction or placement of
shall be designed and constructed using residential units and substantial
methods that meet the following improvement of any residential structure
75
shall have the lowest floor, including meeting this requirement must either be
basement, elevated one foot4 or more above certified by a registered professional
the base flood elevation . engineer or architect, or must meet or
2 . Areas Below the Lowest Floor . Fully exceed the following minimum criteria:
enclosed areas below the lowest floor that a . A minimum of three openings having a
are subject to flooding shall be designed to total net area of not less than one square
automatically equalize hydrostatic flood inch for every square foot of enclosed area
forces on exterior walls by allowing for the subject to flooding shall be provided ;
entry and exit of floodwaters . Designs for b . The bottom of all openings shall be no
meeting this requirement must either be higher than one foot above grade ; and
certified by a registered professional C . Openings may be equipped with screens ,
engineer or architect, or must meet or louvers , or other coverings or devices ,
exceed the following minimum criteria: provided that they permit the automatic
a . A minimum of two openings having a entry and exit of floodwaters .
total net area of not less than one square C . Utilities .
inch for every square foot of enclosed area 1 . Shall be Designed to Minimize
subject to flooding shall be provided ; Infiltration of Floodwaters . All new and
b . The bottom of all openings shall be no replacement water supply systems shall be
higher than one foot above grade ; and designed to preclude infiltration of
C . Openings may be equipped with screens , floodwaters into the systems .
or other coverings or devices 2 . Sanitary Sewage Systems . New and
louvers ,
p
rovided that they permit the automatic replacement sanitary sewage systems shall
entry and exit of floodwaters . be designed to minimize or eliminate
B . Nonresidential Construction . infiltration of floodwaters into the systems
1 . Must be Above Base Flood Elevation . and discharges from the systems into
Construction and substantial improvement floodwaters .
of an commerci
y al, industrial , or . other 3 . On- site Waste Disposal Systems . On- site
nonresidential structure shall either have waste disposal systems shall be located to
the lowest floor, including basement, avoid impairment to them or contamination
elevated one foot or more above the base from them during flooding . New onsite
flood elevation or, together with attendant sewage disposal systems are prohibited
utility and sanitary facilities , shall be flood pursuant to uses and activities prohibited
P
roofed in accordance withloodproofing from frequently flooded areas (subsection
( subsection 16 . 57 . 040 (G)) . Unavoidable 16 . 57 . 070 ( 0 )) *
impacts to flooded areas (from fill) need to D . Subdivision/land Division Proposals .
be mitigated . 1 . All land division proposals shall :
2 . Areas Below the Lowest Floor . Fully a . Minimize Flood Damage . Subdivisions ,
enclosed areas below the lowest floor that short subdivisions , planned developments ,
are not floodp roofed shall be designed to and binding site plans shall be designed to
automatically equalize hydrostatic flood minimize or eliminate flood damage to
forces on exterior walls by allowing for the proposed structures ; and public utilities and
entry and exit of floodwaters . Designs for facilities that are installed as part of such
subdivisions , such as sewer, gas , electrical,
4ated to the and water systems , shall be located and
NFIP requirement is to be elev
reduce insurance constructed to minimize flood damage ;
base flood elevation . To red
rates and to account for uncertainties subdivisions should be designed using
inherent in flood hazard modeling and natural features of the Landscape , and
standard should not incorporate " flood protection"
mapping, many jurisdictions use a s
t or more above the BSE as changes .
of one foo b . Have Adequate Drainage . Subdivisions ,
suggested here . short subdivisions , P lanned developments ,
76
and binding site plans shall have adequate B . Nonresidential Structures . New
natural surface water drainage in construction and substantial improvements
accordance with city requirements to of nonresidential structures within AO
reduce exposure to flood hazards ; and zones shall either :
C . Show Flood Areas on Plat Maps . 1 . Have the lowest floor ( including
Subdivisions , short subdivisions , planned basement) elevated above the highest
developments , and binding site plans shall adjacent grade of the building site , one foot
show the one hundred-year flood plain, or more above the depth number specified
floodway, and channel migration zone on on the flood insurance map , or at least two
the preliminary and final plat and short plat feet if no depth number is specified ; or
maps . 2 . Together with attendant utility and
2 . Lots . No lot or portion of lot after the sanitary facilities , be completely flood
effective date of the ordinance codified in proofed to or above that level so that any
this chapter, shall be established within the space below that level is watertight with
boundaries of a frequently flooded area. walls substantially impermeable to the
E . Alteration of watercourses . passage of water, and with structural
1 . Shall be in Accordance with Habitat components having the capability of
Regulations . Watercourse alterations shall resisting hydrostatic and hydrodynamic
only be allowed in accordance with the fish loads and effects of buoyancy . If this
and wildlife habitat conservation areas method is used, compliance shall be
(Chapter 16. 61 ) . certified by a registered professional
2 . Shall Not Result in Blockage . engineer or architect as In floodproofing,
Watercourse alteration projects shall not subsection 16 . 57 . 040 (G) .
result in blockage of side channels . C . Drainage Paths . All development shall
3 . Notification Required . The city shall include adequate drainage paths around
notify adjacent communities , the state structures on slopes to guide floodwaters
Department of Ecology, and the Federal around and away from proposed structures .
Insurance Administration of a proposed
watercourse alteration at least fifteen days 16 . 57 . 070 Uses and activities
prior to permit issuance . prohibited from frequently
4 . Maintenance of Alterations . The flooded areas .
applicant shall maintain the altered or A . Critical Facilities .
relocated portion of the watercourse to Construction of new critical facilities shall
ensure that the flood carrying capacity is be permissible within frequently flooded
not diminished . Maintenance shall be areas if no feasible alternative site is
five years , and be in available . Critical facilities constructed
bonded for a period of
accordance with an approved maintenance within frequently flooded areas shall have
program . the lowest floor elevated three feet or more
above the level of the base flood elevation
16 .57 . 060 Performance standards - ( one hundred -year flood) . Floodproofing
-Areas of shallow flooding. and sealing measures must be taken to
A . Residential Structures . New ensure that toxic substances will not be
construction and substantial improvements displaced by or released into flood waters .
of residential structures and manufactured Access routes elevated to or above the level
homes within AO zones shall have the of the base flood elevation shall be
lowest floor ( *including basement) elevated provided to all critical facilities to the
above the highest grade adjacent to the extent possible . Certification by a
building, one foot or more above the depth registered professional engineer is required .
number specified in feet on the flood B . wells .
insurance map , or at least two feet above, if C . On- site Sewage or waste Disposal
no depth number is specified. Systems .
77
D . There shall be no increase in residential living conditions , or to structures identified
lots within frequently flooded areas . No as historic places shall not be included in
additional lots shall be created within a the fifty percent .
frequently flooded area . Divisions of land
after the effective date of this code shall 16 . 57 . 080 Variations --Additional
have the frequently flooded areas considerations for frequently
designated as separate tract( s ) and not flooded areas .
included within any additional lot . A . Additional Variation Considerations . In
E . Construction in Floodways . review of variation requests for activities
1 . New Construction Requires Certification within frequently flooded areas , the city
by an Engineer . Encroachments , including shall consider all technical evaluations ,
new constructi , , n
onsubstantial relevant factorsstadards specified in this
improvements , fill , and other development, chapter, and :
are prohibited within designated floodways 1 . The danger to life and property due to
unless certified by a registered professional flooding, erosion damage , or materials
swept other lands during flood events ;
engineer . Such certification shall
demonstrate through hydrologic and 2 . The susceptibility of the proposed
hydraulic analyses , performed in facility and its contents to flood damage ,
accordance with standard engineering and the effect of such damage on the
practice , that the proposed encroachment proposed use ;
will not result m any increase in flood 3 . The importance of the services provided
levels during the occurrence of the base by the proposed use to the community ;
flood discharge . Small projects that are 4 . The necessity of a waterfront location
solely to protect or create fish habitat, and and the availability of alternative locations
designed by a qualified professional , may for the proposed use that are not subject to
be allowed without certification if the flooding or erosion damage ;
director determines that the pro) ect will not 5 . The safety of access to the property for
obstruct flood flows . Fish protection ordinary and emergency vehicles ;
pro) ects shall be reviewed on behalf of the 6 . The expected heights , velocity, duration ,
city by a qualified professional in the field rate of rise , and sediment transport of the
of hydraulics . flood waters , and the effects of wave
2 . Residential Construction and action, if applicable , expected at the site ;
Reconstruction Prohibited . Construction and
and reconstruction of residential structures 7 . The costs of providing governmental
is prohibited within floodways , except for : services during and after flood conditions ,
a. Maintenance or repairs to a structure that including maintenance and repair of public
do not increase the ground floor area; and utilities and facilities such as sewer, gas ,
b . Repairs , reconstruction , or electrical, and water systems ; and streets
improvements to a structure for which the and bridges .
cost does not exceed fifty percent of the B . Variations shall only be issued upon a
market value of the structure either : determination that the granting of a
i . Before the repair or reconstruction is variation will not result in increased flood
started ; or heights , additional threats to public safety ,
ii . If the structure has been damaged and is extraordinary public expense , create
being restored, before the damage nuisances , cause fraud on or victimization
occurred . of the public , or conflict with existing laws
Improvement to a structure to correct or ordinances .
existing violations of state or local healthC . Variations shall not be issued within a
,
sanitary, or safety code specifications that designated floodway if any increase in
have been identified by the city, and that flood levels during the base flood discharge
are the minimum necessary to assure safe would result.
78
Chapter 16 . 59 than forty percent (40 % ) slope . Steep
slopes which are less than ten ( 10 ) feet in
GEOLOGICALLY 111AZARDOUS vertical height and not part of a larger steep
AREAS slope system, and steep slopes created
through previous legal grading activity are
Sections : not regulated steep slope hazard areas .
16 . 59 . 010 Designation of geologically B . Landslide hazard Areas . Landslide
hazardous areas . hazard areas are areas potentially subject to
16 . 59 . 020 Designation of specific hazard landslides based on a combination of
areas . geologic, topographic , and hydrologic
16 . 59 . 030 Classification of geologically factors . They include areas susceptible
hazardous areas . because of any combination of bedrock,
16 . 59 . 040 Mapping of geologically soil , slope ( gradient) , slope aspect,
hazardous areas . structure , hydrology, or other factors .
16 . 59 . 050 Activities allowed in Examples of these ma include, but are not
geologically hazardous- areas . limited to the following :
16 . 59 . 060 Critical area report 1 . Areas of previous slope failures
requirements for geologically including areas of unstable old or recent
hazardous areas . landslides ;
16 . 59 . 070 Critical area report 2 . Areas with all three (3 ) of the following
requirements for specific hazards . characteristics :
16 . 59 . 080 Performance standards -- a . Slopes steeper than fifteen percent
General requirements . ( 15 % ) )
16 . 59 . 090 Performance standards -- b . Hillsides intersecting geologic contacts
Specific hazards . with permeable sediment overlying a low
permeability sediment or bedrock, and
16 . 59 . 010 Designation of C . Any springs or groundwater seepage ;
geologically hazardous areas . 3 . Slopes that are parallel or sub-parallel to
Geologically hazardous areas include areas planes of weakness , such as bedding
susceptible to erasion hazard, landslide planes , joint systems and fault planes in
hazard, seismic hazard, mine hazard and subsurface materials ;
other geologic events . These areas pose a 4 . Areas mapped by :
threat to the health and safety of citizens a . Washington Department of Natural
when incompatible development is sited in Resources Open File Report : Slope
areas of significant hazard . Areas Stability of Clark County, 1975 , as having
susceptible to one or more of the following potential instability, historical or active
types of hazards . shall be designated as a landslides , or as older landslide debris , and
geologically hazardous area: b . The Washington Department of Natural
A . Erosion hazard ; Resources Open File Report Geologic Map
B . Landslide hazard; of the Vancouver Quadrangle , Washington
C . Seismic hazard; or and Oregon, 1987 , as landslides ;
D . Other geological events including, mass 5 . Slopes greater than eighty percent
wasting , debris flows , rock falls and ( 80 % ) , subject to rock fall during
differential settlement . earthquake shaking ;
6 . Areas potentially unstable as a result of
16 . 59 . 020 Designation of specific rapid stream incision , stream bank erosion,
hazard areas . and stream undercutting the toe of a slope ;
A . Erosion Hazard Areas . Erosion hazard 7 . Areas located in a canyon or on an
areas are areas where there is not a mapped active alluvial fan , presently or potentially
or designated landslide hazard, but where subj ect to inundation by debris flows ,
there are steep slopes equal to or greater debris torrents or catastrophic flooding;
79
C . " Seismic hazard area" means an area are a reference and do not provide a final
subject to severe risk of damage as a result critical area designation .
of earthquake- induced soil liquefaction ,
tion, slope failure , 16 . 59 . 050 Activities allowed in
ground shaking amplifica
settlement, or surface faulting . Relative geologically hazardous areas .
seismic hazard is mapped on the NEHRP The following activities are allowed in
Site Class Map of Clark County, published geologically hazardous areas , provided that
by the Washington Department of Natural the activity will not increase the risk of the
Resources . hazard , pursuant to allowed activities under
D . Other Hazard Areas . Geologically general provisions (CMC Section. 16 .
hazardous areas shall also include areas .5-951 . 120 ) , and do not require submission
determined by the city to be susceptible to of a critical area report :
other geological events ; including mass A . Construction of new buildings with less
wasting, debris flows , rock falls , and than two thousand five hundred square feet
differential settlement. of floor area or roof area, whichever is
greater, and which are not residential
16 . 59 . 030 Classification of structures or used as places of employment
geologically hazardous areas . or public assembly;
Allgeolo is hazard areas should be B . Additions to the ground floor of existing
g
classified according to the following single- family residences that are two
categories for each geologic hazard type . hundred fifty square feet or less ; and
A . Known or Suspected Risk . C . Installation of fences .
Documentation of projection of the hazard
by a qualified professional exists . 16 . 59 . 060 Critical area report
B . Risk Unknown . Documentation, or requirements for geologically
projection of the lack of hazard, by a hazardous areas .
qualified professional exists , or data is not A . Prepared by a Qualified Professional . A
available to determine the presence or critical areas report for a geologically
absence of a geologic hazard . hazardous area shall be prepared by a
qualified professional who is either a civil
16 . 59 . 040 Mapping of geologically engineer with a geotechnical background,
hazardous areas . or a geologist, licensed in the state of
A . The approximate location and extent of Washington, with experience analyzing
geologically hazardous areas are shown on geologic, and where applicable , hydrologic
the adopted critical area maps as revised or and ground water flow systems .
superseded . The adopted critical area maps B . Area Addressed in Critical Area Report .
may include : The project area of the proposed activity
1 . U . S . Geological Survey landslide hazard shall be addressed in a critical area report
and seismic hazard maps ; for geologically hazardous areas .
2 . Department of Natural Resources C . Geotechnical Evaluation and
seismic hazard maps for western Assessment. Except as provided for in
Washington ; subsection D and E of this section; a
3 . Department of Natural Resources slope critical area report for geologically
stability maps ; hazardous areas shall first contain a site
4 . Federal Emergency Management evaluation and , if required, an assessment
Administration flood insurance maps ; and of geological hazards .
5 . Locally adopted maps . 1 . ' Site Evaluation . A site evaluation shall
B . These maps are to be used as a guide for include :
the city, prof ect applicants , and/or property a. Identification of the geologically
owners , and may be continuously updated hazardous area including the type and
as new critical areas are identified . They extent of the geological hazard, and the
80
reason the area is or is not likely to be storm drainage facilities , with dimensions
impacted by the proposed development indicating distances to hazard areas; and
plan _ iii . The topography, in two - foot contours ,
b . A description of the project including, of the project area and all hazard areas
where applicable : addressed in the report .
i . Proposed structures ; 3 . Assessment of Geological
ii . Proposed grading ; Characteristics . The report shall include an
iii . Areasro osed for storage of materials ; assessment of the geologic characteristics
p p
iv . Proposed storm drainage areas ; and engineering properties of the soils ,
V . Related project impacts which have a sediments , and/or rock of the pro) ect area
potential to adversely affect the geological and potentially affected adjacent properties ,
hazard ; and and a review of the site history regarding
vi . If available for the proposed activity, a landslides , erosion and prior grading . Soils
site development plan may be included to analysis shall be accomplished in
illustrate proposed proj ect impacts . The accordance with accepted taxonomic
development plan when provided will show classification systems in use in the region .
the geological hazard area, proposed site The assessment shall include , but not be
improvements , two -foot contours , proposed limited to :
storm water treatment facilities , proposed a. A description of the surface and
or known existing septic drain fields , subsurface geology, hydrology, soils , and
proposed stockpile areas , or proposed areas vegetation found in the project area, and in
of mass grading . generally all hazard areas addressed in the
C . Identification of proportionate and report;
appropriate mitigation measures and a b . A detailed overview of the field
description of how they will adequately investigations , published data, and
protect the proposed development, adjacent references ; data and conclusions from past
developments , and the subject geologically assessments of the site ; and site specific
hazardous area . measurements , test, investigations , or
d . A recommendation based on the studies that support the identification of
ro osed site activities of the lev
ppel of geologically hazardous areas ; and
study, construction monitoring, or site c . A description of the vulnerability of the
design changes which may be needed site to seismic and other geologic events .
during the nal desi
final gn process . 4 . Analysis of Proposal . The report shall
2 . Geotechnical Assessment. If contain a geotechnical analysis , including a
recommended by the site evaluation , or detailed description of the project, its
determined necessary by the city, a relationship to the geologic hazard(s ) , and
geotechnical assessment for geologically its potential impact upon the hazard area,
hazardous areas shall include the following the subject property, and affected adjacent
site- and proposal-related information at a properties .
minimum : 5 . Summary and Recommendation . The
a. Site Plans . The report shall include a report shall make a recommendation for the
copy of the site plans for the proposal minimum no -disturbance management
showing : zone , or minimum building setback from
i . The type and extent of geologic hazard any geologic hazard, or other appropriate
areas , and any other critical areas , and mitigation measures based upon the
management zones on, adjacent to , within geotechnical analysis .
three hundred feet of, or that are likely to D . Incorporation or Acceptance of Previous
V
mpact the proposal ; Study . Where a valid geotechnical report
ix . Proposed development, including the has been prepared within the last five years
location of existing and proposed for a specific site, and where the proposed
structures , fill, storage of materials , and land use activity and surrounding site
81
conditions are unchanged, such report may water runoff,
be incorporated into or accepted as the 2 . Geotechnical Analysis . The geotechnical
required critical area report . The applicant analysis shall specifically include :
shall submit a geotechnical assessment a. A description of the extent and type of
detailing any changed environmental vegetative cover;
conditions associated with the site . b . An estimate of load capacity, including
E . where the applicant can demonstrate surface and ground water conditions ,
that theP roposed project or activity has no public and private sewage disposal
direct impact on the identified geologically systems , fills and excavations , and all
hazardous area, or that the site evaluation structural development ;
requirements above are not applicable to G . An estimate of slope stability and the
thero osed project or activity, the city effect construction and placement of
p p
ma not re wire additional site assessment structures will have on the slope over the
y q
work or may limit the scoping of the site estimated life of the structure ;
evaluation based on identified site specific d . An estimate of the bluff retreat rate that
hazards . recognizesgeologic and reflects potential
F . Mitigation of Long-term Impacts . when catastrophic events such as seismic activity
hazard mitigation is required the mitigation or a one hundred-year storm event ;
plan shall specifically address how the e . Consideration of the run- out hazard of
activity maintains or reduces the pre- landslide debris ancilor the impacts of
existing level of risk to the site and landslide run- out on down slope properties ;
adjacent properties on a long-term basis f. A study of slope stability, including an
P p
to or exceeding the pro) ected analysis of proposed angles of cut and fill
( equal ,
lifespan of the activity or occupation) . and site grading ;
Proposed mitigation techniques shall be g . Recommendations for building
considered top rovide long-term hazard limitations , structural foundations , and an
reduction only if they do not require estimate of foundation settlement , and
regular maintenance or other actions to h . An analysis of proposed surface and
maintain their function . Mitigation may subsurface drainage , and the vulnerability
also be required to avoid any increase in of the site to erosion ;
risk above theP re- existing conditions 3 . Erosion and Sediment Control Plan . For
following abandonment of the activity . any development proposal on a site
containing an erosion hazard area, an
16 . 59 . 070 Critical area report erosion and sediment control plan shall be
requirements for specific hazards . required . The erosion and sediment control
A . Erosion and Landslide Hazard Areas . In plan shall be prepared in compliance with
addition to the basic geological hazard area requirements set forth in CMC 15 . 32 , CMC
ort requirements ,, a report for an erosion 17 . 21 and the City of Camas Design
report
hazard or landslide hazard area shall Standard Manual ;
include the following information ata 4 . Drainage Plan . The report shall include a
minimum : drainage plan for the collection, transport,
1 . Site Plan . The report shall include a copy treatment, discharge , and/or recycle of
of the site plan for the proposal showing : water prepared in accordance with CMC
a. The height of slope, slope gradient, and 17 . 21 and the City of Camas Design
cross section of the project area; Standard Manual ;
b . The location of springs , seeps , or other 5 . Mitigation Plans . Hazard and
surface ex ressions of ground water on or environmental mitigation plans for erosion
p
within three hundred feet of the prof ect and landslide hazard areas shall include the
area or that haveP otential to be affected location and methods of drainage , surface
by proposal the a and water management, locations and methods
_
Go The location and description of surface of erosion control, a vegetation
82
management and/or replanting plan , and/or occur for activities that will not adversely
other means for maintaining long term soil impact or pose a threat to adjacent
stability ; properties or critical areas , and are .
6 . Monitoring Surface waters . If the city designed so that the hazard to the project is
determines that there is a significant risk of eliminated or mitigated to a level equal to
damage to downstream waters due to or less than pre- development conditions .
potential erosion from the site , based on the
size of the project, the proximity to the 16 . 59 . 090 Performance standards-
receiving waters , or the sensitivity of the - Specif c hazards .
receiving waters , the critical area report A . Erosion and landslide hazard areas .
shall include a lan to monitor the surface Activities on sites containing erosion or
p
water discharge from the site . The landslide hazards shall meet the following
monitoring plan shall include a requirements :
recommended schedule for submitting 1 . Management Zone Required . A
monitoring reports to the city . management zone shall be established from
B . Seismic Hazard Areas . In addition to the all edges of erosion or landslide hazard
basic report requirements , a critical area areas . The size of the management zone
report for a seismic hazard area shall also shall be determined by the city to eliminate
meet the following requirements : or minimize the risk of property damage ,
1 . The site map shall show all known and death, or injury resulting from erosion and
mapped faults within three hundred feet of landslides caused in whole or part by the
thep roj ect area, or that have potential to be development, based upon review of and
concurrence with a critical area report
affected by the proposal .
2 . The geotechnical analysis shall include a prepared by a qualified professional .
complete discussion of the potential a . Management Zone Established . A
impacts of seismic activity on the site (for management zone shall be established from
example , forces generated and fault the edges of areas characterized by steep
displacement) . slopes , potentially unstable soils , erosion
C . Other Geologically Hazardous Areas . In potential , or seismic activity . The
addition to the basic report requirements , management zone will be established by a
the city may require .additional information qualified professional and shall adequately
to be included in the critical area report protect the proposed development, adjacent
when determined to be necessary to review developments , and subject critical area .
the proposed activity and the subject The management zone shall generally be
hazard . Additional information that may be equal to the height of the slope, or fifty
required, includes , but is not limited to : feet, whichever is greater . A management
1 . Site Plan : The site plan shall show all zone less than fifty feet may be established
known hazard areas located within three if a qualified professional determines that
hundred feet of the prof ect area, or that such reduction will adequately protect the
have potential to be affected by the proposed development, adjacent
proposal ; and developments , and subject critical area.
2 . Geotechnical Analysis . The geotechnical b . Increased Management Zone . The
analysis shall include a complete management zone may be increased where
discussion of the potential impacts of the the city determines a larger management
hazard on the project area and of the zone is necessary to prevent risk of damage
proposal on the hazard . to proposed and existing development( s ) ;
2 . Design Standards . Development under
16 . 59 . 080 Performance standards- this section shall be designed to meet the
General requirements . following basic requirements . The
Alterations of geologically hazardous areas requirement for long-term slope stability
shall exclude designs that require periodic
or associated management zones may only
83
maintenance or other actions to maintain grading under a city permit shall be
their level of function . The basic allowed only from May 1st to October 1st
development design standards are : of each year , provided that the city may
a . The proposed development shall not extend or shorten the dry season on a case ~
decrease the factor of safety for landslide by- case basis depending on actual weather
occurrences below the limits of 1 . 5 for conditions ;
static conditions , and 1 . 2 for dynamic 5 . Utility Lines and Pipes . Utility lines and
conditions . Analysis of dynamic conditions pipes shall be permitted in erosion and
shall be based on a minimum horizontal landslide hazard areas only when the
acceleration as established by the current applicant demonstrates that no other
version of the international building code ; practical alternative is likely . The line or
b . Structures and improvements shall be pipe shall be appropriately located and
clustered to avoid geologically hazardous designed so that it will continue to function
areas and other critical areas ; in the event of an underlying failure ;
G . Structures and improvements should 6 . Point Discharges . Point discharges from
minimize alterations to the natural contour surface water facilities and roof drains onto
of the slope , and foundations shall be tiered or upstream from an erosion or landslide
whereP ossible to conform to existing hazard area shall be prohibited except as
topography ; follows :
d . Structures and improvements shall be a. Conveyed via continuous storm pipe
located to preserve the most critical portion downslope to a point where there are no
of the site and its natural landforms and erosion hazards areas downstream from the
e ;
vegetation ; discharge ;
e . Thep roposed development shall not b . Discharged at flow durations matching
result in greater risk or a need for increased predeveloped conditions , with adequate
mann ement zones on neighboring energy dissipation, into existing channels
g
properties ;erties that previously conveyed stormwater
f. The use of retaining walls that allow the runoff in the predeveloped state ; or
maintenance of existing natural slope area C . Dispersed discharge upslope of the steep
isp referred over graded artificial slopes ; slope onto a low- gradient undisturbed
and management zone demonstrated to be
g
Development shall be designed to adequate to infiltrate all surface and
minimize impervious lot coverage ; stormwater runoff;
3 . Vegetation Removal . within a 7 . Roads and utilities (see subsection
geologically ically hazardous area and related (A) ( 5 ) of this section) may be permitted
management zone , removal of vegetation within a geologic hazard area or
shall be limited to the following : management zone if the city determines
a. Selective vegetation removal as provided that no other reasonable alternative exists;
under CMC Section 16 . 51 . 130 ; or which could avoid or minimize impacts to
b . The city may authorize , as part of a a greater extent.
critical area review, vegetation removal B . Seismic Hazard Areas . Activities
that has been determined to have no greater proposed to be located in seismic hazard
areas shall meet the standards of CMC
adverse impact on the geologically
hazardous area, and is not necessary for Section 16 . 59 . 080 .
miti atin any other impact under this C . Other Hazard Areas . Activities on sites
g g
code . The determination of no greater containing or adjacent to geologically
adverse imp act will take into consideration hazardous areas , shall meet the standards of
a vegetation removal plan prepared by a CMC Section 16 . 59 . 080 .
certified landscape architect or arborist,
and reviewed by a geotechnical engineer .
4 . Seasonal Restriction . Clearing and
84
Chapter 16 . 61 3 . Habitats of Local Importance as
Identified by the City ' s Parks and Open
FISH AND WILDLIFE HABITAT Space Plan as Natural Open Space , or as
CONSERVATION AREAS Listed Below :
a. Oregon White Oaks .
Sections : I . Individual Oregon White Oak trees with
16 . 61 . 010 Designation of fish and a twenty in diameter at breast height
wildlife habitat conservation areas . (twenty inches dbh) .
16 . 61 . 020 Critical area report ii . Stands of Oregon White Oak trees
Re uirements for habitat conservation greater than one acre , when they are found
q
areas . to be valuable to fish and wildlife ( i . e . , may
16 . 61 . 030 Performance standards include trees with cavities , large diameter
General re uirementse breast height (twelve inches dbh) , are used
q
16 . 61 . 040 Performance standards by priority species , or have a large canopy .
Specific habitats . iii
. All Oregon White Oak snags unless
determined by an arborist to be a hazard .
16 . 61 . 010 Designation of fish and b . Camas Lily . To the extent practicable ,
wildlife habitat conservation Camas lily fields of a significant
areas . concentration (one - fourth acre) shall be
A . Fish and wildlife habitat conservation preserved . If impacts or removal of
areas include : significant concentrations of Camas Illy are
1 . Areas with Which State or Federally proposed, the proposal must include an
Designated Endangered , Threatened, and evidence that the exploration of
Sensitive Species Have a Primary development options has included :
Association . The presence or absence of (i ) maintaining Camas Illy concentrations
such species shall be determined by the as they currently exist on site ; and
field- studies re aired by this section . Lists , (ii) the option of transplanting Camas lily
q
categories and definitions of species concentrations to other portions of the
g
p
romul ated by National Marine Fisheries property . The proposal may be approved as
Service S and Washington proposed provided a finding is made based
De artment of Fish and Wildlife (WDFW) upon evidence that subsections (A) (3 ) (b) ( i)
p
arep rovided to the city to be used for and (A)(3 ) (b) (11) of this section have been
idance only . explored, that it is not possible to maintain
� y
Areas significant concentrations of Camas lily
2 . State Priority Habitats and
Associated with State Priority Species . onsite .
Priority habitats and species are considered 4 . Naturally Occurring Ponds Under
to bep riorities for conservation and Twenty Acres . Naturally occurring ponds
xnana ement. Priority species require are those ponds under twenty acres and
g
protective measures for their perpetuation their submerged aquatic beds that provide
due to theirp opulation status , sensitivity to fish or wildlife habitat, including those
habitat alteration, and/or recreational , artificial ponds intentionally created from
coinmercial p
or tribal im ortance . Priority dry areas in order to mitigate impacts to
habitats are those habitat types or elements ponds . Naturally occurring ponds do not
with unique or significant value to a include ponds deliberately designed and
diverse assemblage of species . A priority created from dry sites , such as canals ,
habitat may consist of a unique vegetation detention facilities , wastewater treatment
type or dominant plant species , a described facilities , farm ponds , temporary
successional stage, or a specific structural construction ponds , and landscape
element . Priority habitats and species are amenities , unless such artificial ponds were
identified by the state Department of Fish intentionally created for mitigation.
ife . 5 . Waters of the State . Waters of the state
and Wildl
85
includes lakes , rivers , ponds , streams , A . Prepared by a Qualified Professional . A
inland waters , underground waters , salt critical areas report for a habitat
waters , and all other surface waters and conservation area shall be prepared by a
watercourses within the jurisdiction of the qualified professional who is a biologist
state of Washington , as class * ed in WAC with experience preparing reports for the
222 - 16 - 031 , or its successor . This does not relevant type of habitat .
include man-made ditches or bio - swales B . Areas Addressed in Critical Area
that have been created from areas not Report. The following areas shall be
meeting the definition of waters of the addressed in a critical area report for
state . Furthermore , wetlands designation habitat conservation areas :
and protection are regulated under CMC 1 . Within a subject parcel or parcels , the
Chapter 16 . 53 . project area of the proposed activity;
6 . Bodies of Water Planted with Game Fish 2 . All wetlands and recommended buffer
by a Governmental or Tribal Entity . zones within three hundred feet of the
7 . State Natural Area Preserves and Natural project area within the subject parcel or
Resource Conservation Areas . Natural area parcels ;
preserves and natural resource conservation 3 . All shoreline areas , water features , flood
areas are defined, established, and managed plains , and other critical areas , and related
by the State Department of Natural buffers within three hundred feet of the
Resources . project area of the subject parcel or parcels ;
All areas within the city of Camas meeting and
one or more of these criteria, regardless of 4 . The project design and the applicability
any formal identification, are hereby of the buffers based on the proposed layout
designated critical areas and are subject to and the level of land use intensity .
the provisions of this title . C . Habitat Assessment . A habitat
B . Mapping . The approximate location and assessment is an investigation of the
extent of habitat conservation areas are project area to evaluate the presence or
shown on the critical area maps adopted by absence of a potential critical fish or
the city of Camas , as most recently wildlife species or habitat . A critical area
updated . Existing and updated Washington report for a habitat conservation area shall
Department of Fish and Wildlife (WDFW) contain an assessment of habitats ,
and Department of Natural Resources including the following site- and proposal-
(DNR) mapping of priority habitat, water related information at a minimum :
types , shore zones , salmonoid distribution, 1 . Detailed description of vegetation on and
and State Natural Resources Preserves is adjacent to the prof ect area;
hereby adopted by reference . WDFW and 2 . Identification of any species of local
DNR snapping is to be used for guidance importance , priority species , or
purposes only . In addition , the mapping endangered, threatened, sensitive , or
included within the Camas parks and open candidate species that have a primary
space plan identifies areas of potential association with habitat on or adjacent to
natural open spaces . the project area, and assessment of
These maps are to be used as a guide for potential project 'impacts to the use of the
the city of Camas , project applicants , site by the species ;
and/or property owners , and should be 3 . A discussion of any federal, state, or
continuously updated as new critical areas local special management
are identified . They are a reference and do recommendations , including Department of
ide a final critical area designation . Fish and Wildlife habitat management
not prov
recommendations , that have been
16 . 61 . 020 Critical area report developed for species or habitats located on
Requirements for habitat or adjacent to the project area,
conservation areas . 4 . A discussion of measures , including
86
avoidance, minimization, and mitigation , habitat restoration specialist, the city, and
proposed to preserve existing habitats and the Washington State Department of Fish
restore any habitat that was degraded prior and wildlife regarding off- site mitigation .
to the current proposed land use activity, Mitigation shall prioritize the preservation
and to be conducted in accordance with and restoration of Lower Washougal River
Mitigation sequencing ( Section 16 . 51 . 170 ) ; instream and riparian habitat, and should be
and guided by the Washougal River Subbasin
5 . A discussion of ongoing management chapter of the Lower Columbia Salmon
practices that will protect habitat after the Recovery Plan .
project site has been developed, including b . If on- site mitigation is infeasible ,
proposed osed monitoring and maintenance payment may be accepted in lieu of an off-
programs . site mitigation project. At a minimum , such
D . Additional Information May be payment shall be equivalent to the cost of
Required . When appropriate due to the type implementing. an acceptable off- site
of habitat or species present or the project project, as estimated by a qualified
area conditions , the city xray also require professional approved by the city , in
the habitat management plan to include : consultation with the Washington State
1 . An evaluation by the Department of Fish Department of Fish and Wildlife . The city
and Wildlife or qualified expert regarding shall use these funds for habitat
the applicant' s analysis and the improvements it believes are in the best
effectiveness of any proposed mitigating interest of the city and provide a greater
include any ecological benefit than the alternative off-
measures or programs , to
recommendations as appropriate ; site prof ect . Habitat improvements under
2 . An evaluation by the local Native this section are subject to the following
American Indian Tribe ; and criteria:
3 . Detailed surface and subsurface i . Fees will be used to find a clearly defined
hydrologic features both on and adjacent to mitigation project;
the site . ii . The prod ect being funded will result in
an increase in function that adequately
16 . 61 . 030 Performance compensates for the permitted impacts ;
standards General ill . Preference is given to prof ects within
re uirements . the same drainage basin as the impact, if
q
A . Mitigation Standards . they can provide similar functional
1 . Applicants proposing activities subject improvements ;
to this chapter shall demonstrate that the iv . There is a clear timeline for completing
activity: the mitigation project; and
a . Substantially maintains the level of v . There are provisions for long-term
habitat functions and values as protection and management, including
characterized and documented using best mechanisms such. as conservation
available science ; and easements , and funding for long-term
b . Minimizes habitat disruption or monitoring and maintenance of the site .
alteration beyond the extent required to 3 . Alternate Mitigation .
undertake the proposal . a . Habitat Mitigation Banking .
2 . If it is determined that habitat designated i . Construction, enhancement, or
under this chapter will incur a net loss in restoration of habitat to use as mitigation
functions and values ,, all losses shall be for future habitat development impacts is
mitigated on- site as a first priority, and off- permitted subject to the following :
site thereafter . (A) A critical area permit shall be obtained
a. Where on- site mitigation that could prior to any mitigation. banking . If a habitat
adequately address the loss is infeasible , permit is not obtained prior to mitigation
the applicant shall consult with a qualified bank construction, mitigation credit shall
87
not be awarded . On rojects proposing off^ Native Plant Communities Guide or other
p
site habitat banking in addition to required relevant publications for guidance) ;
habitat miti ation , a separate habitat permit g . Prohibiting introduction of invasive
shall be required for each activity ; plant species in habitat areas ;
(B ) Federal and state habitat regulations , if h . Enhancing, restoring, or replacing
applicable ,, may supersede city vegetation or other habitat features and
p
requirements . functions ;
lie The mitigation credit allowed will be i . Using native plants where appropriate
determined by the city, based on the habitat when planting within habitat areas (refer to
category, condition, and mitigation ratios the Clark County Native Plant
g
asspecified in this chapter . Prior to Communities Guide or other relevant
granting antro mitigation banking credit, all publications for guidance) *) *
habitat mitigation banking areas must j . Managing access to habitat areas ,
comply we with the applicable licable sections of this including exclusionary fencing for
p
chapter and ' Chapter 16 . 5 1 0 livestock, if needed ;
iii . 4n
proects ro osing off- site habitat k . Using existing stream crossings
p J p p
bankin in addition to required habitat whenever a review of suitability, capacity,
g q
mitigation , a separate permit fee will be access and location , habitat impacts of
g
required for each activity . alternatives , maintenance, liability, and
q
iv . Purchase of banked habitat credits is economics indicate the existing crossing is
permitted to mitigate for habitat impacts in feasible ;
the s
ame watershed, provided the applicant 1 . Constructing new stream crossings , when
impacts , where necessary, in conformance to the water
has minimized habitat
reasonablypossible , and the following crossing ng structure standards in WAC 220 -
requirements qrements are met : 110 - 070 (Hydraulic Code Rules ) , which
(A) Documentation , in a form approved by are incorporated by reference ;
the, city, adequate uate to verify the transfer of me Seasonally restricting construction
habitat credit shall be submitted; and activities ;
plat note , along with i
(B ) A nformation on n . Implementing best management
the title shall be recorded in a form practices and integrated management
approved by the city as adequate to give practices ;
notice of the re uirements of this section o . Monitoring or review of impacts and
q
being Y met b the purchase of banked assurance of stabilization of the area;
habitat credits . p . Establishing performance measures or
4 . Subject to individual circumstances , bonding ;
otential mitigation measures may include , q . Establishing conservation covenants and
P g
but are not limited to , the following : other mechanisms to ensure long-term
a . Establishment of buffers ; preservation or maintenance of mitigation
b . Requirement of a performance bond, actions ,
when necessary,, to ensure completion and r . Utilizing . low impact development
success of the proposed mitigation ; techniques ;
C . Avoidin the im act all together by not s . Promoting water quality by limiting the
g p
takinga certain action or arts of an action ; use of lawn and garden chemicals in habitat
p
d . Exploring alternative on- site locations to areas and/or
avoid or reduce irn acts of activities ; t. Avoiding topsoil removal and
p
e . Preservingunportant vegetation and minimizing topsoil compaction .
p
natural habitat features by establishing Be Nonindigenous Species Shall Not Be
buffers or by limiting clearing or Introduced Via Mitigation . No plant,
alteration wildlife , or fish species not indigenous to
f. Replacing invasive exotic plants with the region shall be introduced, via
g
(refer eciesnativesp to the Clark County mitigation, into a habitat conservation area.
88
C . Mitigation Should Result in Contiguous and the type and intensity of human
Corridors . In accordance with a mitigation activity proposed to be conducted nearby ,
plan , mitigation sites should preferably be and should be consistent with the
located by the following and in priority management recommendations issued by
order : the State Department of Fish and wildlife .
1 . On- site and contiguous to wildlife 2 . Seasonal Restrictions . when a species is
habitat corridors ; or more susceptible to adverse impacts during
2 . Off- site that is adjacent to the subject specific periods of the year, seasonal
site and contiguous to wildlife habitat restrictions may apply . Larger buffers may
corridors ; or be required and activities may be further
3 . Mitigation within the natural open space restricted during the specified season .
network, as identified in the comprehensive 3 . Habitat Buffer Averaging . The director
parks and open space plan , may be allowed may allow the recommended habitat area
for off- site relitigation or in place of on- site buffer width to be averaged in accordance
mitigation, where development and with a critical area report, only if
mitigation will result in an isolating effect a . It will not reduce stream or habitat
on the habitat . functions ;
D . Approvals of Activities May Be b . It will not adversely affect salmonid
Conditioned . The city shall condition habitat;
approvals of activities allowed within or c . It will provide additional natural
adjacent to a habitat conservation area or resource protection, such as buffer
its buffers , as necessary to minimize or enhancement ;
mitigate any potential adverse impacts . d . The total area contained in the buffer
Conditions may includebut are not limited area after averaging i
, s no less than that
to : which would be contained within the
( 1 ) establishment of buffers ; standard buffer;
( 2 ) preservation of critically important e . The buffer area width is not reduced by
vegetation; more than fifty percent in any location; and
(3 ) limitation of access to the habitat area, f. The buffer area width is not less than
including fencing to deter unauthorized twenty-five feet .
access ; F . Mitigation Plan Requirements . When
(4 ) seasonal restriction of construction mitigation is required, the applicant shall
activities ; submit a mitigation plan as part of the
( 5 ) establishment of a duration and critical areas report. The mitigation plan
timetable for periodic review of mitigation shall include :
activities ; and 1 . Detailed Construction Plans . The
6 requirement of a performance bond, mitigation plat shall include descriptions
( } q
when necessary, to ensure completion and of the mitigation proposed, such as .
success of proposed mitigation . a. The proposed construction sequence ,
E . Buffers . timing, and duration;
1 . Establishment of Buffers . The director b . Grading and excavation details ;
shall require the establishment of buffer C . Erosion and sediment control features ;
areas for activities in, or adjacent to , habitat d . A planting plan specifying plant species ,
conservation areas when needed to protect quantities , locations , size , spacing , and
habitat conservation areas . Buffers shall density; and
consist of an undisturbed area of native e . Measures to protect and maintain plants
vegetation, or areas identified for until established .
restoration, established to protect the These written descriptions shall be
integrity , functions , and values of the accompanied by detailed site diagrams ,
idths scaled cross- sectional drawings ,
affected habitat. Required buffer w
shall reflect the sensitivity of the habitat topographic maps showing slope
89
percentage and final grade elevations , and consultation with the Department of Fish
any other drawings appropriate to show and Wildlife and the appropriate federal
construction techniques or anticipated final agency .
outcome . B . Anadromous Fish .
2 . Monitoring Program . The mitigation 1 . All activities ; uses , and alterations
plan shall include a program for monitoring proposed to be located in water bodies used
construction of the mitigation project and by anadromous fish or in areas that affect
for assessing a completed project . A such water bodies shall give special
protocol shall be included outlining the consideration to the preservation and
schedule for site monitoring, and how the enhancement of anadromous fish habitat,
monitoring data will be evaluated to including, but not limited to , adhering to
determine if the performance standards are the following standards :
a. Activities shall be timed to occur only
being met . A monitoring report shall be
submitted as needed to document during the allowable Owork window as
milestones , successes , problems , and designated by the Department of Fish and
contingency actions of the mitigation Wildlife for the applicable species ;
project . The mitigation project shall be b . An alternative alignment or location far
monitored for a period necessary to the activity is not feasible ;
establish that performance standards have C . The activity is designed so that it will not
been met, but not for a period less than five degrade the functions or values of the fish
years . habitat or other critical areas ; and
The city shall notify the responsible party d . Any impacts to the functions or values of
in writing once the conditions of the the habitat conservation area are mitigated
monitoring plan are met . in accordance with an approved critical
3 . Adaptive Management . The mitigation area report .
plan shall include identification of potential 2 . Structures that prevent the migration of
courses of actionand any corrective salmonids shall not be allowed in the
,
measures to be taken if monitoring or portion of water bodies used by
evaluation indicates project performance anadromous fish . Fish bypass facilities
standards are not being met . shall be provided that allow the upstream
migration of adult fish, and shall prevent
16 . 61 . 040 Performance fry and juveniles migrating downstream
standards Specific habitats . from being trapped or harmed .
A . Endangered, Threatened, and Sensitive 3 . Fills may only intrude into water bodies
Speciese used by anadromous fish when consistent
1 . No development shall be allowed within with the Camas shoreline master program,
a habitat conservation area or buffer with and the applicant demonstrates that the fill
which state or federally listed: endangered, is for a water-dependent use that is in the
threatened, or sensitive species have a public interest .
documented presence . C . Wetland Habitats . All proposed
2 . Activitiesro osed adjacent to a habitat activities within or adjacent to habitat
P p
conservation area with which state or conservation areas containing wetlands
federally listed endangered, threatened, or shall, at a minimum, conform to the
sensitive species have a documented wetland development performance
presence shall be protected through the standards set forth in chapter 16 . 53
application of protection measures in wetlands .
accordance with a critical area report D . Stream Buffer Widths . Stream buffers
prepared by a qualified professional and are established for habitats that include
approved by the city of Camas . Approval aquatic systems . Unless otherwise allowed
for alteration of land adjacent to the habitat in this title , all structures and activities
conservation area or its buffer shall include shall be located outside of the stream buffer
90
area. b . When the habitat area is within an
The following base stream buffer widths erosion or landslide hazard area, or buffer,
are based upon the Washington Department the stream buffer area shall be the base
of Natural Resources (DNR) Water Typing width, or the erosion or landslide hazard
System and further classification based area or buffer, whichever is greater .
upon fish presence (Fish bearing v . Non- 2 . Stream Buffer Area Reduction and
fish Bearing) for Type F streams existing in Averaging . The director may allow the
the city of Camas . Widths shall be base stream buffer area width to be reduced
measured outward, on the horizontal plane, in accordance with a critical area report
from the ordinary high water mark, or from only if:
the top of bank if the ordinary high water a . The width reduction will not reduce or
mark cannot be identified . Buffer areas degrade stream or habitat functions ,
should be sufficiently wide to achieve the including anadromous fish habitat and
full range of riparian and aquatic those of nonfish habitat ;
ecosystem functions , which include but are b . The stream buffer area width is not
not limited to protection of instream fish reduced by more than fifty percent in any
habitat through control of temperature and one location;
sedimentation in streams , preservation of C . The stream buffer area width is not
fish and wildlife habitat, and connection of reduced to less than fifteen feet;
riparian wildlife habitat to other habitats . d . The width reduction will not be located
_ within another critical area or associated
buffer, and the reduced stream buffer area
f Stream Buffer Widths
width is supported by best available
Streams Type Base Buffer
science ;
Width e . A11 undeveloped lands within the area
.
ll be left undeveloped in perpetuity by
Type S 150 feet wi
covenant deed deed restriction., easement, or
Type F , anadromous 100 feet other legally gbinding mechanism ;
fish-bearing stream
averaging in plan shall be
f. The buffer
g g
flowing to reaches .
conducted in consultation with a qualified
with anadromous
e th
d an
biologist plan shall be submitted to
g
fish-bearing access of Fish and
f
the Washington Department
Type F , anadromous' 75 feet Wildlife for comment ; and
fish-bearing stream g . The city will use the recommendations
flowing to reachesq
e of the qualified experts in making a
. �
without anadromous decision on a plan that uses buffer
fish-bearing access
averaging .
Type F . non
75 feet 3 . Stream Buffer Mitigation . Mitigation of
anadromous fish-
adverse impacts to stream buffer areas shall
bearin stream result in equivalent functions and values ,
8 on a per function basis , and be located in
5 4 feet
Type Np the drainage basin as the habitat
s e same g
Type Ns 25 feetimp acted .
4 . Alternative Mitigation for Stream Buffer
1 . Increased Stream Buffer Area Widths . Areas . The requirements set forth in this
The base stream buffer width may be section may be modified at the city of
increased, as follows : Camas ' s discretion if the applicant
a. When the city determines that the base demonstrates that greater habitat functions ,
width is insufficient to prevent habitat on a per function basis , can be obtained in
degradation, and to protect the structure the affected drainage basin as a result of
and functions of the habitat area; and alternative mitigation measures .
91
E . Stream Buffer Asea .' , Ponds , Lakes , and species ;
Waters of the State . The following specific b . There is no expansion in overwater
activities may be permitted within a stream coverage ;
buffer area, pond, lake , and water of the G . There is no increase in the size and
state , or associated buffer when the activity number of pilings ; and
complies with the provisions set forth in d . There is no use of toxic materials ( such
the city of Camas shoreline master as creosote) that come in contact With the
program. , and subject to the following water .
standards : 5 . Roads , Trails , Bridges , and Rights - of-
1 . Clearing and Grading . When clearing Way . Construction of trails , roadways , and
and grading is permitted as part of an minor road bridging, less than or equal to
authorized activity, or as otherwise allowed the city ' s street standards , may be
in these standards , the following shall permitted in accordance with an approved
apply : critical area report subject to the following
a. Grading is allowed only during the dry standards :
season , which is typically regarded as a . The crossing minimizes interruption of
beginning on May 1 st and ending on downstream movement of wood and
October 1 st of each year, provided that the gravel ;
city of Camas may extend or shorten the b . Mitigation for impacts is provided
dry season on a case-by-case basis . pursuant to a mitigation plan of an
b . Filling or modification of a wetland or approved critical area report ;
wetland buffer is permitted only if it is c . If applicable , road bridges are designed
conducted as part of an approved wetland according to the Department of Fish and
alteration . Wildlife Fish Passage Design at Road
C . Erosion and sediment control that meets Culverts , March 1999 , as amended, and the
or exceeds the standards set forth in the National Marine Fisheries Service
city of Camas Design Standards Manual Guidelines for Salmonid Passage at Stream
shall be provided . Crossings , 2000 , as amended ; and
2 . Streambank Stabilization . Streambank d . Trails and associated viewing platforms
stabilization to protect new structures from shall not be made of continuous impervious
future channel migration is not permitted materials .
except when such stabilization is achieved 6 . Utility Facilities . New underground
through bio- engineering or soft armoring utility lines and facilities may be permitted
techniques in accordance with an approved to cross watercourses in accordance with
critical area report . an approved critical area report if they
3 . Launching Ramps Public or Private . comply with the following standards :
Launching ramps may be permitted in a . Installation shall be accomplished by
accordance with an approved critical area boring beneath the scour depth and
report that has demonstrated the following : hyporheic zone ( sediments underlying the
a. The project will not result in increased surface stream) of the water body ;
beach erosion or alterations to , or loss of, b . The utilities shall cross at an angle
shoreline substrate within one -quarter mile greater than sixty degrees to the centerline
of the site ; and of the channel in streams or perpendicular
b . The ramp will not adversely impact to the channel centerline whenever boring
critical fish or wildlife habitat areas or under the channel is not feasible , and shall
associated wetlands . be contained within the footprint of an
4 . Docks . Repair and maintenance of an existing road or utility crossing where
existing dock or pier may be permitted possible ; and
subject to the following : c . The utility route should avoid paralleling
a. There is no increase in the use of the stream or following a down-valley
materials creating shade for predator course near the channel ; and
92
d . installation shall not increase or decrease
the natural rate of shore migration or
channel migration .
7 . Public Flood Protection Measures . New
public flood protection measures and
expansion of existing ones may be
permitted, subject to the city of Camas ' s
review and approval of a critical area report
and the approval of a federal biological
assessment by the federal agency
responsible for reviewing actions related to
a federally listed species .
8 . Instream Structures . Instream structures ,
such as high flow bypasses , sediment
ponds , instream ponds , retention and
detention facilities , tide gates , dams , and
weirs , shall be allowed only as part of an
approved watershed basin restoration
pro] ect approved by the city of Camas , and
upon acquisition of any required state or
federal permits . The structure shall be
designed to avoid modifying flows and
water quality in ways that may adversely
affect habitat conservation areas .
9 . Stormwater Conveyance Facilities .
Conveyance structures may be permitted in
accordance with an approved critical area
report subject to the following standards :
a . Mitigation for impacts is provided;
b . Instrearn stormwater conveyance
facilities shall incorporate fish habitat
features ; and
G . Vegetation shall be maintained and, if
necessary, added adjacent to all open
channels and ponds in order to retard
erosion, filter out sediments , and shade the
water .
10 . On- Site Sewage Systems and Wells .
All developments subject to review under
this section shall be connected to city water
and sanitary facilities . Existing private
water and sanitary facilities shall be
abandoned in a manner consistent with
state law .
93