26.02.040 Project review required.
(1) Land use or building permits for clearing or development activities within the critical areas overlay zone, as defined on the data maps (GMC 26.02.100), shall be subject to review under the provisions of this chapter, excepting: (a) those activities specifically exempted in subsection (3) of this section; and (b), agricultural activities. Agricultural activities shall be exempt from review under this chapter unless these activities would affect critical aquifer recharge area(s).
(2) For those projects determined by the Town Building Official or designee likely to have an impact to the critical areas, the applicant shall submit a technical study identifying the precise limits of the critical area and its function and resource value as part of the application. The study shall be prepared by experts with demonstrated qualifications in the area of concern and shall apply best available science as part of its analysis. The Town may obtain the services of a qualified third party at the expense of the permittee to review said reports if content and intent is deemed by the Town’s Official or designee to require expert review.
(3) Should the conditions of the above require special consideration/study a critical areas permit including the aforementioned report, expert review, and evidence of consultation and/or approval by appropriate regulating agencies including but not limited to Department of Health (DOH), Department of Ecology (ECY), and/or Department of Archeological and Historic Preservation (DAHP) shall be included.
(4) The following activities shall be allowed in critical areas without a critical areas permit, provided they are conducted using best management practices and at a time and in a manner designed to minimize adverse impacts to the critical area:
(a) Conservation or preservation of soil, water, vegetation, fish, shellfish and other wildlife;
(b) Outdoor recreational activities which do not involve disturbance of the resource or site area, including, for example, fishing, hunting, bird watching, hiking, horseback riding and bicycling;
(c) Harvesting wild crops in a manner that is not injurious to the natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops or alteration of the resource by changing existing topography, vegetation, water conditions or water sources;
(d) Education, scientific research and use of nature trails;
(e) Normal and routine maintenance of legally constructed irrigation and drainage ditches;
(f) Normal and routine maintenance, repair or operation of existing serviceable structures, facilities or improved areas, not including expansion, change in character or scope or construction of a maintenance road;
(g) Minor modification (such as construction of a patio, balcony or second story) of existing serviceable structures where the modification does not adversely impact the functions of the critical area.
(5) Applicants shall be required to demonstrate that development on a site determined to have critical areas will protect the resources by taking one of the following steps listed in order of preference:
(a) Mitigation to impacts to the CARA will not be considered as part of this section.
(b) Avoid impacts to the resource altogether.
(c) Minimize the impact by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts.
(d) Rectify the impact by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project.
(e) Reduce or eliminate the impact over time by preservation or providing substitute resources or environments.
(f) Compensate for the impact by replacing, enhancing or providing substitute resources or environments.
(g) Monitoring the impact and take appropriate corrective steps.
(6) If a development permit is sought for critical area property that is located partly in the Town, and partly in unincorporated Whitman County, the Town Building Official or designee shall coordinate the Town’s review of the project with the appropriate county officials. (Ord. 474-N, §2, 2020; Ord. 338-N, §2, 2007)